| HJR 588: Medical, Ethical, and Scientific Issues Relating to Stem Cell 
        Research Conducted in the CommonwealthJune 21, 
        2005
House Joint Resolution 
        588 (Marshall, R. G.), the enabling resolution for the study, created 
        a 15-member subcommittee. There are eight members from the General Assembly, 
        Delegates Robert G. Marshall (chairman), Kenneth C. Alexander, Kathy J. Byron, , David A. 
        Nutter, John M. O'Bannon and Senators Richard L. Saslaw (vice chairman), 
        Harry B. Blevins, and Janet D. Howell; three
 representatives of Virginia's medical schools, Paul J. Hoehner, M.D., 
        Thomas Farris Huff, PhD., and Jacob F. Mayer, Jr., PhD.; and four nonlegislative 
        citizen members at large, Dennis G. Fisher, PhD.,
 Kris Gulden, Eileen M. Hall, RN, and Kelly Hollowell, JD, PhD.
 STUDY DIRECTIVE The resolution notes 
        the controversy surrounding research using human embryonic stem cells 
        (hEMS) and comments on the often discussed "distinction between embryos 
        created for research purposes and those created for reproductive purposes." 
        The joint subcommittee's directive is broad and nonspecific, to "examine 
        the medical, ethical, and scientific policy implications of stem cell 
        research and the efficacy of research using both adult and embryonic stem 
        cells." VA LAW THAT ADDRESSES 
        STEM CELL RESEARCH Including SB 1194, 
        which became law on July 1, 2005, Virginia statutes currently contain 
        five references to stem cell research: 1. Section 2.2-2233.2 
        (SB 646, 2004) established the Biotechnology Commercialization Loan Fund 
        under the auspices of the Center for Innovative Technology (CIT), the 
        operating entity for the Innovative Technology Authority (ITA) created 
        in 1984 by the General Assembly. The fund is "for the sole purpose 
        of financing technology transfer and commercialization activities related 
        to biotechnology inventions made, solely or in cooperation with other 
        organizations, at qualifying institutions," which includes Virginia's 
        colleges and universities or intellectual property foundations associated 
        with them. The law includes the caveat that "[n]o loan shall be made 
        to any entity which conducts human stem cell research from human embryos, 
        or for any loan to conduct such research; however, research conducted 
        using adult stem cells may be funded."  2. Section 2.2-2818, 
        relating to state employees' health plan, was amended in 1995 by SB 830 
        (Holland, C.A.) to "[i]nclude coverage for treatment of breast cancer 
        by dose-intensive chemotherapy with autologous bone marrow transplants 
        or stem cell support when performed at a clinical program authorized to 
        provide such therapies as a part of clinical trials sponsored by the National 
        Cancer Institute. For persons previously covered under the plan, there 
        shall be no denial of coverage due to existence of a preexisting condition." 3. Section 38.2-3418.1:1, 
        relating to health insurance, was added in 1994 by HB 240 (Christian). 
        This law requires health insurers to "offer and make available coverage" 
        for "dose-intensive chemotherapy/autologous bone marrow transplants 
        or stem cell transplants when performed pursuant to protocols approved 
        by the institutional review board of any United States medical teaching 
        college including, but not limited to, National Cancer Institute protocols 
        that have been favorably reviewed and utilized by hematologists or oncologists 
        experienced in dose-intensive chemotherapy/autologous bone marrow transplants 
        or stem cell transplants." 4. Section 58.1-3506, 
        relating to other classifications of tangible personal property for taxation, 
        was amended by HB 574 (May, 2002) to add subdivision A 32. The relevant 
        subdivision provides authority for localities to tax classes of property at a different rate 
        (a lower rate than the local rate established for all other classes of 
        tangible personal property) that are "equipment used primarily for 
        research, development, production, or provision of biotechnology for the 
        purpose of developing or providing products or processes for specific 
        commercial or public purposes, including, but not limited to, medical, 
        pharmaceutical, nutritional, and other health-related purposes; agricultural 
        purposes; or environmental purposes but not for human cloning purposes 
        as defined in § 32.1-162.21 or for products or purposes related to 
        human embryo stem cells [emphasis added]. For purposes of this section, 
        biotechnology equipment means equipment directly used in activities associated 
        with the science of living things." In other words, equipment used 
        for research relating to human cloning
 purposes or relating to human embryonic stem cells would not qualify for 
        the lower rate.
 5. Section 23-286.1, 
        effective July 1, 2005, the Christopher Reeve Stem Cell Research Fund 
        was created by SB 1194 (Potts). The Fund will consist of appropriations 
        (if provided), gifts, grants, and donations from public or private sources 
        and will be administered by the existing Commonwealth Health Research 
        Board. Although no state appropriations are currently allocated, the law 
        establishes a special nonreverting, revolving, and permanent fund for 
        the support of stem cell research in honor of Christopher Reeve. However, 
        embryonic stem cell research cannot be funded. OTHER RELATED 
        VIRGINIA LAW In 2001, Chapter 
        5.2 of Title 32.1, Human Cloning, was added to the Code of Virginia with 
        passage of two identical bills, HB 2463 (McDonnell) and SB 1305 (Newman). 
        The law prohibits (i) human cloning, (ii) the transfer of the product 
        of a somatic cell nuclear transfer (cloning technology) into a uterine 
        environment to initiate a pregnancy, and (iii) the possession of the product 
        of human cloning or the shipping or receiving of that product in commerce 
        for the purpose of implanting the product into a uterine environment so 
        as to initiate a pregnancy. Cloning research or practices on animals other 
        than humans is not prohibited. BACKGROUND The study's organizational 
        meeting included a short chronology of the controversy relating to stem 
        cell research: 
        Scientists had 
          postulated the existence of adult stem cells for approximately forty 
          years.Adult stem cells 
          have been identified and isolated for approximately twenty years.Adult stem cells 
          derived from blood (peripheral and cord) and bone marrow have been used 
          in the treatment of various cancers, including certain leukemias, breast 
          cancer and other diseases for at least ten years-first in clinical trials, 
          but currently moving into the mainstream of medical treatment.
 From 1996 through 
        2004, the "Dickey Amendment," named for its sponsor Representative 
        Dickey, prohibited federal funding for the creation or destruction of 
        human embryos for research purposes. The amendment was added to congressional 
        bills, including funding for the National Institutes of Health. On November 5, 1998, 
        two independent research teams, Dr. James A. Thomson and colleagues at 
        the University of Wisconsin and Dr. John D. Gearhart and his research 
        group at Johns Hopkins University School of Medicine, reported on the 
        same day in two different journals the discovery of human embryonic stem 
        cells. In 1999, the Dickey 
        Amendment was analyzed as banning the funding of the derivation of stem 
        cell lines from human embryos, but not banning federal funding of research 
        on embryonic stem cells after the cell lines had been established. This 
        interpretation was based on the Dickey amendment definition of embryo 
        in terms of "an organism that, when implanted in the uterus, is capable 
        of becoming a human being" and the inability of an embryonic stem 
        cell to become a human being regardless of whether implanted in the uterus. In 2001, President 
        Bush announced that federal funds may be awarded for research using human 
        embryonic stem cells that meet specific limiting criteria. MEMBERS VIEW STEM 
        CELL WEBSITES* Members viewed six 
        relevant Internet websites in order to gain background information on 
        stem cell research. The National Institutes of Health's "Stem Cell 
        Research Information" 
        web page (http://stemcells.nih.gov/policy/NIHFedPolicy.asp) concisely outlines the federal 
        limitations on human embryonic research:
  
         
          "On August 
            9th, 2001, President George W. Bush announced that federal funds may 
            be awarded for research using human embryonic stem cells if the following criteria 
            are met:
 The derivation 
            process (which begins with the destruction of the embryo) was initiated 
            prior to 9:00 P.M. EDT on August 9, 2001. The stem cells must have 
            been derived from an embryo that was created for reproductive purposes and was no longer needed.
 Informed consent 
            must have been obtained for the donation of the embryo and that donation 
            must not have involved financial inducements."
 The members visited 
        the University of California Medical Center's The Visible Embryo web page 
        (http://www.visembryo.com/), which is an interactive site designed 
        to educate medical students and other interested parties. The site depicts 
        a spiral that tracks human reproduction from fertilization through the 
        embryonic stages, including the twenty-three stages occurring during the 
        first trimester of pregnancy, every two-weeks during the second and third 
        trimesters, as well as development of the fetus to the point of birth. 
        A third stage link allowed the members to zoom in on a slide depicting 
        the early blastocyst, a stage of development occurring within three to 
        five days after fertilization, but prior to implantation in the uterus 
        at which point stem cells can be taken. A blastocyst has been described 
        by scientists as smaller than the dot at the end of a sentence. Members visited the 
        website of the International Society for Stem Cell Research (http://www.isscr.org/). 
        On the "public" area of the website, the ISSCR includes the 
        article Stem Cell Primer, which notes the distinction between embryonic 
        stem cells and adult stem cells. The undifferentiated embryonic stem cells 
        can mature into any cell type depending on the surrounding environment, 
        such as brain cells, heart cells, muscle cells, blood cells, blood vessel 
        cells, skin cells, pancreatic islet cells that produce insulin, and bone 
        cells. This characteristic is referred to by scientists as "pluripotency." 
        Adult stem cells, on the other hand, appear to be "multipotent," 
        able to differentiate into several cell types, but not all cell types. 
        The site also provides illustrations and diagrams of various stem cell 
        differentiation such as embryonic stem cells; hematopoietic stem cells, 
        an easily obtained type of multipotent adult stem cell found in bone marrow; 
        mesenchymal stem cells, also a multipotent adult stem cell obtained from 
        bone marrow; and the asymmetric cell division of stem cells that reproduce 
        exact replicas of themselves and a progeny cell which may differentiate 
        into various kinds of stem cells.  Stem Cell 
        Primer includes a concise description of somatic cell nuclear transfer-the 
        technology used in reproductive or therapeutic cloning. The "profound 
        technical and, more importantly, biological problems," of reproductive 
        cloning are cited, such as obesity-including obesity at birth, infection, 
        and early death. Dolly, the sheep, was the first animal cloned via this 
        technology. The age of the donor DNA is recognized to be a problem; however, 
        the exact nature of the defects are unknown. Therapeutic cloning, 
        involving the nuclear transfer of a patient's cell into an oocyte, a human 
        egg, is believed to be a mechanism in which stem cells that are genetically 
        compatible can be produced and transferred to the patient to initiate 
        repair of tissue damaged through disease or injury. Recent studies conducted in Korea and other countries relating to therapeutic 
        cloning have received media attention.
 The American Medical 
        Association's website (http://www.ama-assn.org/ama/pub/category/13630.html) 
        was visited, specifically, Report 5 of the Council on Scientific Affairs, 
        which sets out the AMA's stem cell recommendations. The guidelines adopted 
        by the AMA House of Delegates as AMA policy at the 2002 AMA Annual Meeting 
        are: 
        Supports biomedical 
          research on multipotent stem cells, including adult and cord blood stem 
          cells.Supports the use 
          of somatic cell nuclear transfer technology in biomedical research (therapeutic 
          cloning).Opposes the use 
          of somatic cell nuclear transfer technology for the specific purpose 
          of producing a human child (reproductive cloning).Encourages strong 
          public support of federal funding for research involving human pluripotent 
          stem cells.Will continue 
          to monitor developments in stem cell research and the use of somatic 
          cell nuclear transfer technology. A visit to the Iacocca 
        Foundation website (http://www.iacoccafoundation.org/index.htm) 
        provided an example of a private entity that supports research, including 
        stem cell research. Lee Iacocca established the Foundation in 1984 in 
        memory of his wife, Mary, a diabetic who died in 1983 from complications 
        of diabetes. The Foundation's mission "is to fund innovative and 
        promising diabetes research programs and projects that will lead to a cure for the disease 
        and alleviate complications caused by it." Mr. Iacocca is currently 
        soliciting support for a study and clinical trials of a drug that may 
        be a viable treatment for Type I diabetes. Mr. Iacocca has already contributed 
        $1 million to this effort.
 The final website 
        visited was the National Academies, a consortium of professional science 
        organizations, including the National Academy of Sciences, National Academy 
        of Engineering, Institute of Medicine, and the National Research Council 
        (http://www4.nationalacademies.org/news.nsf/isbn/0309096537?OpenDocument). 
        The members received the prepublication copy of the April 2005 Guidelines 
        for Embryonic Stem Cell Research. The guidelines provide standards for 
        ethical conduct of human embryonic stem cell research. The guidelines 
        include recommendations for a new level of oversight with higher standards 
        than are presently required, including a separate review committee to 
        evaluate research proposals and limitations on in vitro embryo development. 
        The guidelines have been published in book form and may be purchased online 
        from the National Academies.
 STUDY PLAN During the website 
        review, members asked numerous questions and discussed some of the many 
        possible issues, including the impact of federal funding limitations on 
        embryonic stem cell research, the availability and quantity of excess/unneeded 
        human embryos created for reproductive purposes, and the potential for 
        using adult and embryonic stem cells for medical treatments. FUTURE MEETINGS The joint subcommittee 
        has tentatively scheduled a meeting on August 17 in Northern Virginia. 
        The locations for the September 21 and November 15 will be announced and 
        appear on the study website. *Links to the 
        websites reviewed during the meeting may be accessed on the study web page.
 Chairman:The Hon. R.G. Marshall
 For information, 
        contact:Norma Szakal,DLS 
        Staff
 Website:http://dls.state.va.us/stemcell.htm
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