Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear
in this style type, additions will appear in this style type, and
deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new
constitutional provision adopted), the text of the new provision will appear in this
style type. Also, the word NEW will appear in that style type in the
introductory clause of each SECTION that adds a new provision to the Indiana
Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this
style type reconciles conflicts between
statutes enacted by the 2004 Regular Session of the General Assembly.
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-18-2-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec.
5.5. "Adult stem cell"means an undifferentiated cell that:
(1) is found in a differentiated
tissue;
(2) is renewable; and
(3) yields specialized cell
types with certain limitations of the tissue from which it originated.
SECTION 2. IC 16-18-2-56.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec.
56.5. (a) "Cloning" means the use of asexual reproduction to create or
grow a human embryo from a single cell or cells of a genetically identical
human.
(b) The term does not include:
(1) a treatment or procedure to
enhance human reproductive capability through the manipulation of
human oocytes or embryos, including the following:
(A) In
vitro fertilization.
(B)
Gamete intrafallopian transfer.
(C)
Zygote intrafallopian transfer; or
(2) the following types of stem
cell research:
(A)
Adult stem cell.
(B)
Fetal stem cell, as long as the biological parent has given written consent for
the use of the fetal stem cells.
(C)
Embryonic stem cells from lines that are permissible for use under applicable
federal law.
SECTION 3. IC 16-18-2-128.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec.
128.5. (a) "Fetal stem cell" means any of the following types of stem
cells taken from a fetus that was either miscarried or stillborn from any of the
following sources:
(1) Placenta.
(2) Umbilical cord.
(3) Amniotic fluid.
(4) Fetal tissue.
(b) The term does not include any cells that are taken
as the result of an abortion unless the cells are permissible for use under
applicable federal law.
SECTION 4. IC 16-18-2-183.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec.
183.5. "Human embryo" means a human egg cell with a full genetic
composition capable of differentiating and maturing into a complete human being.
SECTION 5. IC 16-21-3-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec.
4. Notwithstanding section 1 of this chapter, the state department shall revoke
the license of a hospital licensed under this article if, after appropriate
notice and an
opportunity for a hearing, the state health commissioner proves by a
preponderance of the evidence that the hospital:
(1) knowingly allows the
hospital's facilities to be used for cloning or attempted cloning; or
(2) knowingly allows the
hospital's employees, in the course of the employee's employment, to participate
in cloning or attempted cloning.
SECTION 6. IC 16-34.5 IS ADDED TO THE INDIANA CODE
AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
ARTICLE 34.5. CLONING
Chapter 1. Public Policy Against Human Cloning
Sec. 1. The general assembly declares that human cloning
is against public policy.
Sec. 2. The state, a state educational institution (as
defined in IC 20-12-0.5-1), or a political subdivision of the state may not
use public funds, facilities, or employees to knowingly participate in cloning
or attempted cloning.
SECTION 7. IC 20-12-29.7 IS ADDED TO THE INDIANA
CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
Chapter 29.7. Adult Stem Cell Research Center
Sec. 1. As used in this chapter, "center"
refers to an adult stem cell research center established under section 2 of this
chapter to carry out the duties specified by this chapter.
Sec. 2. The board of trustees of Indiana University may
establish an adult stem cell research center.
Sec. 3. The center must be under the administration of
the school of medicine.
Sec. 4. The dean of the school of medicine shall appoint
the director of the center.
Sec. 5. The board of trustees of Indiana University may
receive, accept, hold, and apply donations, bequests of funds, property, gifts,
and other income in support of the center's purposes.
Sec. 6. The center shall:
(1) conduct a thorough and
comprehensive needs assessment of the state of science of adult stem cell
research; and
(2) develop strategies to move
Indiana University into the forefront of the nation in its capacity to attract
and retain adult stem cell researchers.