Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email



  

Back
144th General Assembly
Senate Bill # 5 w/SA 4 + HA 1, HA 2, HA 3

Primary Sponsor: Venables Additional Sponsor(s):    Sen. Blevins & Sen. Sorenson & Rep. Hudson & Rep. M Marshall
CoSponsors: Sens. Sokola, Henry & Amick; Reps. Maier & Schooley
Introduced on : 01/25/2007
Long Title:AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE BY ADOPTING THE DELAWARE REGENERATIVE MEDICINE ACT, PROHIBITING HUMAN REPRODUCTIVE CLONING, RECOGNIZING THE IMPORTANCE OF STEM CELL RESEARCH, INCLUDING ADULT, UMBILICAL CORD BLOOD, AMNIOTIC AND EMBRYONIC, AND ESTABLISHING A FRAMEWORK FOR THE ETHICAL CONDUCT OF EMBRYONIC STEM CELL RESEARCH.
Synopsis: This is the Delaware Regenerative Medicine Act. The purpose of this Act is to encourage and foster responsible, ethical and moral public policy governing research in the emerging science of regenerative medicine, which includes stem cell research of all types. Further, this Act seeks to ensure that any human embryonic stem cell research conducted in Delaware will adhere to broadly accepted standards. This Act prohibits and establishes penalties for the practice of, or the attempt to practice, human reproductive cloning. The Act also prohibits the sale of, or attempts to sell, human embryos in the State of Delaware.
The Act seeks to balance ethical concerns created by the use of human embryos less than two weeks old for medical and scientific research with the ethical obligations that exist to do everything possible to help seriously ill Delawareans whose health and well-being are endangered by debilitating, life-threatening illnesses and medical conditions. Stem cell research offers the potential to cure all genetically inherited diseases and many other conditions that are presently incurable, or for which limited treatment exists. These diseases and conditions include juvenile diabetes, diabetes, cancer, cardiovascular disease, Sickle Cell disease, Alzheimer’s disease, Parkinson’s disease, spinal cord injuries, birth defects, Osteoporosis, severe burn injuries, Multiple Sclerosis and HIV/AIDS. More than 130 million Americans are presently afflicted with these conditions.
At the present time, no mandatory standards are in place at either the federal or state level for research which is not federally-funded. However, a new set of voluntary “Guidelines for Human Embryonic Stem Cell Research” was issued on April 26, 2005, by a committee of the Board on Life Sciences of the National Research Council and the Health Sciences Policy Board of the Institute of Medicine (both affiliates of the National Academies) for the use of states and private industry. The Act would ensure that publicly-funded human embryonic stem cell research carried out in Delaware is conducted in accordance with such broadly accepted principles and procedures.
At present, excess human embryos created during In Vitro Fertilization procedures are typically discarded, and thus destroyed, when embryos are no longer needed for fertility treatment. This Act would permit couples whose cells created the embryos to donate them for legitimate medical and scientific research, if they so choose. A couple’s decision to donate their excess embryos, instead of having them destroyed, would be strictly voluntary and would be made only after they had been fully informed and educated regarding their options, including embryo adoption. The Act provides that as part of this “informed consent” process a couple would be free to change their minds at any time up to the point of donation.
This Act would permit scientific researchers to use donated human embryos less than the developmental age of 14 days, created during In Vitro Fertilization procedures for legitimate research projects, subject to restrictions. The restrictions would include the following: (a) a determination that the embryos would never be implanted in the female donor; (b) a requirement that the embryos would otherwise be discarded; (c) a requirement that the embryos are donated for the purpose of stem cell research by the individuals seeking fertility treatment; (d) a requirement that written informed consent would have to be obtained from the individuals donating the embryos; and (e) a prohibition that presents the individuals who are making the donation from receiving any financial or other inducements for the donation.
This Act would also establish a state “Human Stem Cell Research Advisory Committee” to develop and adopt guidelines for publicly-funded research involving the derivation or use of human embryonic stem cells. The Committee would be required to consider such applicable guidelines developed or used in the United States as those referred to above which have been developed by the National Academies. The Committee may revise the guidelines, or issue advisory opinions as necessary, to account for developments in research and medicine as they may affect the research and ethical considerations associated with the use of human embryonic stem cells.
When the Committee is asked to issue an advisory opinion it may, at its discretion, obtain the assistance of a Scientific Review Panel. The members of the Scientific Review Panel are to be drawn from a list recommended by the University of Delaware as possessing specialized expertise in the area under review, and are to be approved by the Committee. The Panel shall submit a written report of its findings and recommendations to the Committee.
The Committee shall issue an annual written report to the Governor, the Delaware General Assembly and the Director of the Delaware Division of Public Health for any year in which activity has occurred.
This Act is intended to foster new research in Delaware. Such research will help to advance medical treatment for Delaware citizens and maintain the State’s leadership at the forefront of science and technology.

Current Status: Defeated   On   06/30/2007 10:29:10 PM
Fiscal Note:
Not Required
Full text of Legislation:
(in HTML format)
Legis.html Email this Bill to a friend
Full text of Legislation:
(in MS Word format)
Legis.Doc   (You need Microsoft Word to see this document.)

Amendments: SA 1 to SB 5 - Defeated
SA 2 to SB 5 - Defeated
SA 3 to SB 5 - Defeated
SA 4 to SB 5 - Passed
HA 1 to SB 5 - Passed
HA 2 to SB 5 - Passed
HA 3 to SB 5 - Passed
Committee Reports:
Senate Committee report 03/21/07 F=2 M=2 U=1----->Committee Report
House Committee Report 05/02/07 F=0 M=5 U=1---->Committee Report
Voting Reports:
Senate vote: () Passed 3/29/07 6:44:17 PM------->Voting Record
House vote: () Defeated 6/30/07 10:29:10 PM------->Voting Record
Actions History:
Jun 30, 2007 - Defeated by House of Representatives. Votes: 7 YES 30 NO 3 NOT VOTING 1 ABSENT
Jun 30, 2007 - Amendment HA 3 - Passed in House by Voice Vote
Jun 30, 2007 - Amendment HA 3 - Introduced in House
Jun 30, 2007 - Amendment HA 2 - Passed in House by Voice Vote
Jun 30, 2007 - Amendment HA 1 - Passed in House by Voice Vote
Jun 30, 2007 - Amendment HA 2 - Introduced in House
Jun 30, 2007 - Amendment HA 1 - Introduced in House
May 02, 2007 - Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 5 On Its Merits, 1 Unfavorable
Apr 03, 2007 - Introduced and Assigned to Health & Human Development Committee in House
Mar 29, 2007 - Passed by Senate. Votes: 13 YES 7 NO 0 NOT VOTING 1 ABSENT
Mar 29, 2007 - Amendment SA 4 - Passed by Senate. Votes: 17 YES 3 NO 0 NOT VOTING 1 ABSENT
Mar 29, 2007 - Amendment SA 4 - Introduced in Senate
Mar 29, 2007 - Amendment SA 3 - Defeated by Senate. Votes: 7 YES 13 NO 0 NOT VOTING 1 ABSENT
Mar 29, 2007 - Amendment SA 3 defeated
Mar 29, 2007 - Amendment SA 2 - Defeated by Senate. Votes: 6 YES 13 NO 1 NOT VOTING 1 ABSENT
Mar 29, 2007 - Amendment SA 2 defeated
Mar 29, 2007 - Amendment SA 1 - Defeated by Senate. Votes: 7 YES 13 NO 0 NOT VOTING 1 ABSENT
Mar 29, 2007 - Amendment SA 1 defeated
Mar 28, 2007 - Amendment SA 3 - Introduced and Placed With the Bill in Senate
Mar 28, 2007 - Amendment SA 2 - Introduced and Placed With the Bill in Senate
Mar 28, 2007 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
Mar 21, 2007 - Reported Out of Committee (SMALL BUSINESS) in Senate with 2 Favorable, 2 On Its Merits, 1 Unfavorable
Jan 25, 2007 - Assigned to Small Business Committee in Senate
site map   |   about this site   |    contact us   |    translate   |    delaware.gov