Bill Text: MI HB4858 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Health; research; definitions applicable to prohibition on human cloning; revise. Amends sec. 16274 of 1978 PA 368 (MCL 333.16274).

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2011-08-24 - Printed Bill Filed 07/27/2011 [HB4858 Detail]

Download: Michigan-2011-HB4858-Introduced.html

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HOUSE BILL No. 4858

 

July 27, 2011, Introduced by Reps. Agema, Poleski, Shirkey, Price, Heise, Callton, McMillin, Kowall, Kurtz, Haveman, Hooker, MacGregor, Damrow, O'Brien, Horn, Jenkins, Gilbert, Hughes, Johnson, LaFontaine, Muxlow, Goike, Somerville and Cotter and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 16274 (MCL 333.16274), as added by 1998 PA 108.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16274. (1) A licensee or registrant shall not engage in

 

or attempt to engage in human cloning.

 

     (2) Subsection (1) does not prohibit scientific research or

 

cell-based therapies not specifically prohibited by that

 

subsection.

 

     (3) A licensee or registrant who violates subsection (1) is

 

subject to the administrative penalties prescribed in sections

 

16221 and 16226 and to the civil penalty prescribed in section

 

16275.

 

     (4) This section does not give a person a private right of

 

action.

 

     (5) As used in this section:

 

     (a) "Human cloning" means the use of human somatic cell

 

nuclear transfer technology to produce a human embryo.the asexual

 

creation or attempted creation of a human being at any stage of

 

development who is substantially identical genetically to another

 

human being at any stage of development, whether living or

 

deceased, by any technological means.

 

     (b) "Human embryo" means a human egg cell with a full genetic

 

composition capable of differentiating and maturing into a complete

 

human being."Substantially identical genetically" means either of

 

the following:

 

     (i) Sharing identical nuclear genetic composition that may or

 

may not include identical genetic composition of mitochondrial DNA

 

or other cellular structures necessary to or associated with the

 

expression of genetic function or traits.

 

     (ii) Sharing a genetic composition where an inert or

 

inconsequential portion of genetic composition has been

 

intentionally altered for the purpose of circumventing the

 

prohibitions of this section.

 

     (c) "Human somatic cell" means a cell of a developing or fully

 

developed human being that is not and will not become a sperm or

 

egg cell.

 

     (d) "Human somatic cell nuclear transfer" means transferring

 

the nucleus of a human somatic cell into an egg cell from which the

 

nucleus has been removed or rendered inert.