STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Prohibits any reimbursement for donation of cadaveric fetal tissue and prohibits use of cadaveric fetal tissue in research for cosmetic treatment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning organ and tissue donations and amending P.L.2003, c.203.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.203 (C.26:2Z-2) is amended to read as follows:
2. a. It is the public policy of this State that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall:
(1) be permitted in this State;
(2) be conducted with full consideration for the ethical and medical implications of this research; and
(3) be reviewed, in each case, by an institutional review board operating in accordance with applicable federal regulations.
b. (1) A physician or other health care provider who is treating a patient for infertility shall provide the patient with timely, relevant and appropriate information sufficient to allow that person to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the infertility treatment.
(2) A person to whom information is provided pursuant to paragraph (1) of this subsection shall be presented with the option of storing any unused embryos, donating them to another person, donating the remaining embryos for research purposes, or other means of disposition.
(3) A person who elects to donate, for research purposes, any embryos remaining after receiving infertility treatment shall provide written consent to that donation.
c. (1) A person shall not knowingly, for valuable consideration, purchase or sell, or otherwise transfer or obtain, or promote the sale or transfer of, embryonic or cadaveric fetal tissue for research purposes pursuant to this act; however, embryonic or cadaveric fetal tissue may be donated for research purposes in accordance with the provisions of subsection b. of this section or other applicable State or federal law, provided that in no case shall cadaveric fetal tissue be used for the purposes of researching any cosmetic treatment.
For the purposes of this subsection, "valuable consideration" means financial gain or advantage, but shall not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of embryonic [or cadaveric fetal] tissue. In no case may any payment be made for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of cadaveric fetal tissue.
(2) A person or entity who violates the provisions of this subsection shall be guilty of a crime of the third degree and, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, shall be subject to a fine of up to $50,000 for each violation.
(cf: P.L.2003, c.203, s.2)
2. This act shall take effect immediately.
This bill restricts payments for, and the permitted uses of, cadaveric fetal tissue.
Under current law, women are given the opportunity to voluntarily donate fetal tissue for research purposes following a miscarriage or abortion. Although State and federal laws currently prohibit the sale of donated fetal tissue, they permit reimbursement for certain costs associated with the removal, processing, disposal, preservation, quality control, storage, transplantation, and implantation of the tissue. This bill prohibits these forms of reimbursement, and additionally requires that donated fetal tissue may not be used in research for cosmetic treatment.