A2248

An Act concerning research using cadaveric fetal tissue 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. The patient shall provide written acknowledgement that this information was provided, which shall be included in the patient’s medical record.

(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 obtained from an elective abortion procedure be used for any research purposes, and in no case shall any cadaveric fetal tissue be used for the purposes of researching any cosmetic treatment. Nothing in this paragraph shall prohibit genetic or other testing of fetal tissue, at the parent’s request, to determine the health or condition of the fetus or the parents.

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.

(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.

STATEMENT

Under current law, women are given the opportunity to voluntarily donate unused embryos and cadaveric fetal tissue for research purposes following a course of fertility treatments, a miscarriage, or an abortion. This bill prohibits the use of cadaveric fetal tissue obtained from an elective abortion procedure for any research purposes, and prohibits the use of any cadaveric fetal tissue to research cosmetic treatments. The bill will not prohibit the use of cadaveric fetal tissue obtained following a miscarriage or stillbirth for other research purposes, will not affect the prohibition against purchasing or selling embryonic or cadaveric fetal tissue, which is currently a crime under both State and federal law, and will not prohibit genetic or other testing of fetal tissue, at the parent’s request, for the purposes of determining the health or condition of the fetus or the parents.

A physician or other health care professional treating a patient for infertility is required to provide the patient with timely, relevant, and appropriate information sufficient to allow the patient to make an informed and voluntary choice regarding the disposition of any embryos remaining following treatment. This bill requires that the patient provide written acknowledgement that this information was provided, and that the written acknowledgement be included in the patient’s medical record.