2005-2006 Bill 771: Biotechnology Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 771 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Leventis, Drummond, Jackson, Ford, Hutto and Mescher 10 Document Path: l:\council\bills\nbd\11677ac05.doc 11 12 Introduced in the Senate on April 19, 2005 13 Currently residing in the Senate Committee on Medical Affairs 14 15 Summary: Biotechnology Act 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 4/19/2005 Senate Introduced and read first time SJ-6 22 4/19/2005 Senate Referred to Committee on Medical Affairs SJ-6 23 24 25 VERSIONS OF THIS BILL 26 27 4/19/2005 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 46 TO TITLE 44 ENACTING 13 THE “BIOTECHNOLOGY ACT OF 2006” SO AS TO 14 AUTHORIZE STEM CELL RESEARCH IN THIS STATE, AND 15 AMONG OTHER THINGS, TO REQUIRE APPROVAL FROM 16 AN INSTITUTIONAL REVIEW BOARD TO CONDUCT SUCH 17 RESEARCH, TO PROHIBIT PURCHASING OR SELLING 18 PREIMPLANTATION EMBRYOS FOR HUMAN EMBRYONIC 19 STEM CELL RESEARCH, AND TO PROHIBIT HUMAN 20 CLONING AND TO PROVIDE PENALTIES, TO PROVIDE 21 FOR THE DEPARTMENT OF HEALTH AND 22 ENVIRONMENTAL CONTROL TO LICENSE INSTITUTIONS 23 CONDUCTING STEM CELL RESEARCH, TO FURTHER 24 PROVIDE FOR THE REVIEW AND REGULATION OF SUCH 25 RESEARCH, TO PROVIDE THAT AN EMPLOYEE OF AN 26 INSTITUTION MAY NOT BE REQUIRED TO CONDUCT 27 SUCH RESEARCH OR RELATED ACTIVITIES IF IT IS IN 28 CONFLICT WITH THE EMPLOYEE’S RELIGIOUS BELIEFS, 29 TO REQUIRE INFORMED CONSENT FOR DISPOSITION OF 30 PREIMPLANTATION EMBRYOS FOR PATIENTS BEING 31 TREATED FOR INFERTILITY, AND TO REQUIRE 32 INFORMATION TO BE PROVIDED ON UMBILICAL AND 33 PLACENTA DONATIONS. 34 35 Whereas, the General Assembly finds that: 36 37 (1) human embryonic stem cell research and other research in 38 the life sciences and regenerative medicine present a significant 39 chance of yielding fundamental biological knowledge from which 40 may emanate therapies to relieve, on a large scale, human suffering 41 from disease and injury;

1 [771] 1 1 (2) the biomedical scientists working in South Carolina within 2 institutions of higher education, research institutes, hospitals, 3 biotechnology companies, and pharmaceutical companies can 4 contribute significantly to the welfare of mankind by performing 5 outstanding research in this field; and 6 (3) it is the policy of this State to actively foster research and 7 therapies in the life sciences and regenerative medicine by 8 permitting research and clinical applications involving the 9 derivation and use of human embryonic stem cells and umbilical 10 cord cells, and any human adult stem cells, including research and 11 clinical applications involving somatic cell nuclear transplantation. 12 It shall further be the policy of this State to prohibit human 13 reproductive cloning. 14 15 Be it enacted by the General Assembly of the State of South 16 Carolina: 17 18 SECTION 1. Title 44 of the 1976 Code is amended by adding: 19 20 “CHAPTER 46 21 22 Biotechnology 23 24 Section 44-46-10. This chapter may be cited as the 25 ‘Biotechnology Act of 2006’. 26 27 Section 44-46-20. For the purposes of this chapter, unless the 28 context clearly requires otherwise: 29 (1) ‘Advisory board’ means stem cell research advisory board. 30 (2) ‘Donated to medicine’ means a preimplantation embryo 31 originating from an in vitro process, when, for purposes of 32 biomedical research or medical care or treatment, the persons 33 contributing genetic material do so in the absence of financial 34 inducement and after fulfillment of the requirements of a duly 35 appointed institutional review board concerning informed consent. 36 (3) ‘Fertilization’ means the process whereby the male sperm 37 and the female oocyte unite to form an embryo. 38 (4) ‘Financial inducement’ means any valuable consideration, 39 excluding: 40 (a) reimbursement for reasonable costs incurred in 41 connection with a donation; and 42 (b) reasonable compensation to a donor from whom an 43 oocyte or somatic cell is recovered for the time, burden,

1 [771] 2 1 preparation, and risk of such recovery. Whether costs or 2 compensation are reasonable must be determined by a duly 3 appointed institutional review board, provided the determination is 4 made with due diligence and in good faith. 5 (5) ‘Human adult stem cell’ means an undifferentiated cell 6 found in the differentiated tissue in adult humans which can renew 7 itself and differentiate to yield specialized cell types. 8 (6) ‘Human embryonic stem cell’ means a pluripotent human 9 stem cell derived from a preimplantation embryo. 10 (7) ‘Human reproductive cloning’ means creating, or 11 attempting to create, a human being by transferring a nucleus of a 12 human cell from any source into a human or nonhuman egg cell 13 from which the nucleus has been removed for the purpose of 14 creating a human being, and implanting the resulting product into a 15 uterus or uterine-like environment to initiate pregnancy and a 16 possible birth. 17 (8) ‘Informed consent’ means consent for the donation of 18 embryos, consent for participation in vitro fertilization, or consent 19 for any other process where an egg is extracted from a woman, or 20 other participation in research pursuant to this chapter, which 21 complies with requirements of a duly appointed institutional 22 review board, and which follows the procedures stipulated in 45 23 CFR Part 46.116 and 117. 24 (9) ‘Institution’ means any organization, corporation, or 25 institution that conducts human embryonic stem cell research. 26 (10) ‘Institutional review board’ or ‘IRB’ means a board that 27 has a minimum of 5 members who meet regularly to review 28 research applying the standards of 45 CFR Part 46 and 21 CFR 29 Parts 50 and 56. 30 (11) ‘In vitro’ means in an artificial environment, referring to a 31 process or reaction occurring therein, as in a test tube or culture 32 medium. 33 (12) ‘In vitro fertilization’ means an assisted reproductive 34 technique in which fertilization is accomplished outside of the 35 body. 36 (13) ‘Parthenote’ means the product of egg development 37 without fertilization. 38 (14) ‘Parthenogenesis’ means the development of an egg 39 without fertilization. 40 (15) ‘Person’ means any natural person, corporation, 41 association, partnership, institute, or other legal entity. 42 (16) ‘Preimplantation embryo’ means any in vitro human 43 embryo whether formed by fertilization, somatic cell nuclear

1 [771] 3 1 transfer or other means, which has not experienced more than 2 fourteen days of development; provided, that such length of time 3 does not include any interval in which such development has been 4 suspended, such as through freezing. 5 (17) ‘Public institutional review board’ means a board 6 established in accordance with the requirements of 45 CFR 46 7 Subpart A, as amended from time to time. 8 (18) ‘Somatic cell nuclear transfer’ means replacement of the 9 nucleus of an egg with the nucleus from any other nonreproductive 10 human cell. 11 (19) ‘Uterus’ means a muscular organ of a woman in which the 12 ovum is deposited and the embryo and fetus are developed, or 13 fallopian tube. 14 (20) ‘Uterine-like environment’ means any replicate of the 15 uterus used for the purpose of sustaining an embryo through birth 16 and creating a human being. 17 18 Section 44-46-30. (A) Research and clinical applications 19 involving the derivation and use of human embryonic stem cells, 20 human adult cells from any source, somatic cell nuclear 21 transplantation and umbilical cord stem cells, parthenotes, is 22 permitted in this State in accordance with this chapter. 23 (B)(1) No person may use a preimplantation human embryo 24 donated to medicine in scientific research or other kind of 25 experimentation or study for the derivation of human embryonic 26 stem cells without the prior written approval, and continuing 27 review on at least an annual basis, of a duly appointed IRB or 28 public IRB setting forth the IRB’s approval of the research, 29 experimentation, or study. The written approval must contain a 30 detailed description of the research, experimentation, or study by 31 attachment of a protocol or other writing, must include written 32 documentation of informed consent, and must be maintained as a 33 permanent record by the IRB or the hospital or other entity for 34 which the IRB acts. 35 (2) No person may knowingly purchase or sell any 36 preimplantation embryo for human embryonic stem cell research 37 for valuable consideration. For purposes of this subsection, 38 ‘valuable consideration’ excludes reasonable payments associated 39 with storage, quality control, preservation, processing, or 40 transportation of such preimplantation embryos donated to 41 medicine. 42 (C) Human reproductive cloning is prohibited. Accordingly, a 43 preimplantation embryo donated to medicine for purposes of

1 [771] 4 1 human embryonic stem cell research, pursuant to this section, must 2 not be transferred to a uterus or a uterine-like environment. 3 Nothing in this chapter prohibits or regulates the use of in vitro 4 fertilization for reproductive purposes. 5 (D) A person who knowingly violates subsection (B)(1) or (B) 6 (2) must be imprisoned for not less than one year or more than two 7 years or fined not more than one hundred thousand dollars. A 8 person who violates subsection (C) must be imprisoned for not less 9 than one year or more than two years or fined up to one million 10 dollars. 11 12 Section 44-46-40. (A) For the purposes of reporting to the 13 Governor, President of the Senate, and Speaker of the House of 14 Representatives on the status of human embryonic stem cell 15 research and proposing modifications to the regulation of this 16 research, there is established the Stem Cell Research Advisory 17 Board. The advisory board shall consist of eight members, all of 18 whom must be residents of this State. The members must be 19 professionally qualified and collectively experienced in the fields 20 of science including, but not limited to, knowledge of cell 21 differentiation, nuclear reprogramming, tissue formation and 22 regeneration, stem cell biology, developmental biology, 23 regenerative medicine, related biomedical and research fields, 24 medical ethics, and biotechnology, and must include one 25 community member. Three members must be appointed by the 26 President of the Senate, three must be appointed by the Speaker of 27 the House of Representatives, and the one community member 28 must be appointed by the Governor. The eighth member must be 29 the Director of the Department of Health and Environmental 30 Control. 31 (B) Original members of the advisory board must have 32 staggered terms of one to three years, and thereafter, members’ 33 terms are for three years. 34 (C) A person who conducts scientific research, 35 experimentation, or study that involves the creation or use of 36 preimplantation embryos in relation to human embryonic stem cell 37 research shall submit an annual report to the advisory board 38 providing a summary of the research approved during that calendar 39 year and a statement representing that the research was reviewed in 40 accordance with Section 44-46-30. Any disclosure that, in the 41 opinion of the institution or person submitting disclosure, is a trade 42 secret, proprietary, or confidential must be submitted separately 43 from the annual report with a statement explaining the reasons that

1 [771] 5 1 the information should be deemed confidential to the Attorney 2 General, who shall determine whether the information should be 3 kept confidential as proprietary. The Attorney General shall submit 4 all disclosures considered not proprietary to the Stem Cell 5 Research Advisory Board after notice to the institution or person 6 submitting the disclosure. All disclosures considered proprietary 7 must be kept confidential by the office of the Attorney General 8 and, notwithstanding any law to the contrary, must not be deemed 9 a public record. The Attorney General may establish procedures to 10 effectively carry out this paragraph. 11 (D) The advisory board shall meet periodically, and no less 12 than twice each year. All meetings must be public. 13 (E) The advisory board shall keep a public record of all 14 meetings, votes, and other business. 15 (F) The advisory board shall review the annual reports from 16 persons conducting scientific research, experimentation, or study 17 that involves the creation or use of preimplantation embryos in 18 relation to human embryonic stem cell research. The advisory 19 board may require submission of a copy of the federal-wide 20 assurance from the institutions whose IRBs review preimplantation 21 embryo research relating to human embryonic stem cell research. 22 (G) The advisory board shall study the implementation of this 23 chapter and the conduct of research and shall make 24 recommendations to the General Assembly on ways to encourage 25 disproportionately impacted population’s participation in, and 26 benefit from, human embryonic stem cell research, including 27 requiring the IRB to develop methods for such participation. 28 (H) Based on its review of the annual reports submitted, the 29 advisory board shall submit to the Governor, President of the 30 Senate, and Speaker of the House by January 31 of each year an 31 annual report of the current state of preimplantation embryo 32 research relating to human embryonic stem cell research in the 33 State. The advisory board may include recommendations, if any, 34 regarding the modification of regulations concerning human 35 embryonic stem cell research. 36 (I) The advisory board shall receive administrative support 37 from the Department of Health and Environmental Control. 38 39 Section 44-46-50. (A) An employee may not be required to 40 conduct scientific research, experimentation, or study that involves 41 the creation or use of preimplantation embryos in relation to 42 human embryonic stem cell research to the extent that such

1 [771] 6 1 research conflicts with the bona fide religious practices and beliefs 2 of the employee. 3 (B) A physician or other health care provider who treats a 4 patient for infertility shall provide the patient with timely, relevant 5 and appropriate information sufficient to allow that patient to make 6 an informed and voluntary choice regarding the disposition of any 7 preimplantation embryos remaining following said treatment. The 8 physician shall present the patient with the options of storing, 9 donating to another person, donating for research purposes, or 10 otherwise disposing of or destroying any unused preimplantation 11 embryos, as appropriate. The Department of Health and 12 Environmental Control shall prescribe and provide for use by 13 physicians and other health care providers who treat patients for 14 infertility through in vitro or any other process where an egg is 15 extracted from a woman the following two documents: 16 (1) an informational pamphlet, describing the procedure by 17 which an egg is intended to be extracted from the patient, 18 including all short and long-term potential health impacts of the 19 procedure on the patient, any drugs or devices to be used, 20 including whether they have received approval from the United 21 States Food and Drug Administration, the risks involved, any 22 discomfort and side-effects that may be experienced, any 23 alternatives which the patient has and their attendant risks and 24 benefits, medical treatment available to the patient should 25 complications arise, and that the particular treatment may involve 26 currently unforeseeable risks to the patient, embryo, or fetus. A 27 physician or other health care provider treating a woman with any 28 procedure by which an egg is intended to be extracted shall 29 provide the patient with this pamphlet or a legible copy of the 30 pamphlet, and provide any other treatment information which may 31 be specific to the patient’s treatment; and 32 (2) an informed consent form, stating that the patient has 33 been given, has reviewed and understands the informational 34 pamphlet described in item (1), has consulted with her physician or 35 health care provider concerning the general procedures and her 36 specific medical situation, and, understanding the procedure, 37 process, and risks, consents to proceed with the procedure or 38 process. The informed consent form must also contain a ‘Notes’ 39 section, to be completed by the physician or health care provider. 40 This notes section must contain any medical information, 41 alternative procedures, medicines, devices, considerations, or risks 42 relevant to the specific patient’s informed consent to proceed and 43 must be completed by the physician or health care provider in each

1 [771] 7 1 case. A physician or other health care provider treating a woman 2 by any procedure by which an egg is intended to be extracted shall 3 provide the patient with this form or a legible copy of the form, 4 and shall keep a signed copy of this document in the patient’s 5 medical file. 6 A physician or other health care provider must not provide such 7 treatment before providing the patient with both the informational 8 pamphlet and the informed consent form, and receiving in return a 9 complete and fully-executed informed consent form from the 10 patient. A physician or other health care provider shall seek 11 informed consent only under circumstances that provide the 12 prospective patient reasonable opportunity to consider whether or 13 not to receive such treatment and that minimize the possibility of 14 coercion or undue influence. The information that is given to the 15 patient must be in language understandable to the patient. No 16 informed consent, whether oral or written, may include a waiver of 17 legal rights beyond those specifically acknowledged as waived by 18 the terms of the consent. 19 (C) An institution conducting human embryonic stem cell 20 research shall not take any retaliatory action against its employee 21 because its employee: 22 (1) discloses or threatens to disclose to a manager or a public 23 body an activity, policy, or practice of the institution conducting 24 embryonic stem cell research, or of another institution conducting 25 such research with whom the employee’s institution has a business 26 relationship, that the employee reasonably believes is in violation 27 of Sections 44-46-30 through 44-46-60; or 28 (2) objects to, or refuses to participate in, any activity, 29 policy, or practice that the employee reasonably believes is in 30 violation of Sections 44-46-30 through 44-46-60. 31 (D) For purposes of this section: 32 (1) ‘Retaliatory action’ means the discharge, suspension, 33 demotion, harassment, denial of promotion, layoff, or other 34 adverse action taken against an employee affecting the terms and 35 conditions of employment. 36 (2) ‘Manager’ means an individual to whom an institution 37 conducting human embryonic stem cell research has given the 38 authority to direct and control the work performance of the 39 affected employee, who has authority to take corrective action 40 regarding a violation of a law, rule, regulation, activity, or policy. 41 (3) The protection against retaliatory action does not apply 42 to the public disclosure of confidential or proprietary information, 43 trade secrets, or other confidential materials unless such

1 [771] 8 1 confidential disclosure is made by the employee directly to and 2 exclusively with the office of the Attorney General or the 3 Department of Health and Environmental Control. The 4 Department of Health and Environmental Control must not 5 publicly disclose any such confidential information but shall 6 submit the information to the Attorney General immediately. 7 (E) An employee aggrieved by a violation of this section may, 8 within two years, file a complaint with the Attorney General, who 9 may bring an action in the name of the State against any institution 10 conducting human embryonic stem cell research that has violated 11 subsection (C). 12 (F) The Department of Health and Environmental Control shall 13 establish a program to educate maternity patients with regard to the 14 subject of ‘cord blood banking’. This program shall provide these 15 patients with sufficient information to make an informed decision 16 on whether or not to participate in a private or public umbilical 17 cord blood banking program including, but not limited to, an 18 explanation of the difference between public and private umbilical 19 cord blood banking, the medical process involved in umbilical 20 cord blood banking, the current and potential future medical uses 21 of stored umbilical cord blood, the benefits and any risks involved 22 in banking umbilical cord blood, and the availability and cost of 23 public or private umbilical cord blood banks. 24 25 Section 44-46-60. (A) The Department of Health and 26 Environmental Control shall issue a license authorizing an 27 institution to conduct human embryonic stem cell research, within 28 thirty days after the applying institution pays a fee of not more 29 than two hundred dollars to the department, and provides 30 documentation to the department demonstrating that the institution 31 has or has arranged for a duly appointed IRB or a copy of a valid 32 contract between the institution and the public IRB that shall 33 review the institution’s experimentation, study, and procedures 34 involving human embryonic stem cell research. 35 (B) No person may conduct human embryonic stem cell 36 research at any institution that does not have a license issued 37 pursuant to this section. 38 (C) All licenses issued pursuant to this act expire December 31 39 of the third year after the date of issuance. A holder of a license is 40 entitled to have the license renewed for a three-year term by the 41 department, upon the payment of a renewal fee of not more than 42 two hundred dollars. On November 1 of each year, the department 43 shall send written notice to this effect to every licensed institution,

1 [771] 9 1 whose license shall expire that calendar year, and shall enclose 2 with each notice a proper blank form for such renewal. If the blank 3 form, properly filled out, together with the fee, is not received 4 before January 1 of each year by the department from any 5 institution so notified, the department shall strike from the register 6 the name of that institution; but at any time thereafter, an 7 institution, upon submission to the department of proof of 8 satisfactory compliance with the procedures and guidelines 9 contained in this section, may have its name restored in the register 10 upon the payment to the department of all accrued renewal fees, 11 together with a reinstatement fee of not more than two hundred 12 dollars. 13 (D) The Department of Health and Environmental Control shall 14 keep an official record of the names of all licensed institutions and 15 of all money received and disbursed by it, and a duplicate must be 16 open to public inspection in the office of the Secretary of State. 17 (E) An institution that applies for a license and complies with 18 subsection (A) must not have its license unreasonably withheld. If 19 thirty days following an application for a license the department 20 has failed to issue the license to an applying institution that is in 21 compliance with this section, the institution is considered to be 22 licensed and the Department of Health and Environmental Control 23 shall issue the license accordingly. If an application is considered 24 by the department to be incomplete, the department shall 25 immediately issue notice to the applicant of any further 26 information or corrections necessary for the issuance of the license 27 pursuant to this section. 28 29 Section 44-46-70. (A) The Department Health and 30 Environmental Control shall establish and maintain, in partnership 31 with the Medical University of South Carolina and the University 32 of South Carolina School of Medicine, a public bank for umbilical 33 cord and placental tissue for the purpose of collecting and storing 34 umbilical cord blood and placental tissue that is donated by 35 maternity patients in this State. The public bank shall collect any 36 donated umbilical cord blood and placental tissue from 37 participating hospitals and store said blood and tissue, and tissue to 38 be made available for research, pursuant to the provisions of this 39 chapter. 40 (B) Notwithstanding any other provision of law, all licensed 41 hospitals shall inform pregnant patients, not later than thirty days 42 from the commencement of their third trimester of pregnancy, of 43 the opportunity to donate to a publicly accessible certified cord

1 [771] 10 1 blood and placental tissue bank, blood and tissue extracted from 2 the umbilical cord and placenta following delivery of a newborn 3 child. Donations for research pursuant to this chapter must be 4 made at no expense to the donor. Donations must be made without 5 financial inducement to the donor and after informed consent. 6 (C) Institutions licensed under Section 44-46-60 may reach 7 agreement with the public umbilical cord blood bank to acquire 8 donated umbilical cord blood or placental tissue for the purpose of 9 conducting research. This agreement shall provide for the payment 10 of the estimated expenses of the collection and storage of the 11 donated umbilical cord blood and placental tissue, as well as any 12 reasonable administrative fees by the institution. 13 (D) Nothing in this section obligates a hospital to collect 14 umbilical cord blood or placental tissue if, in the professional 15 judgment of a physician licensed to practice medicine in all its 16 branches or of a nurse, the collection would threaten the health of 17 the mother or child. 18 (E) Nothing in this section imposes a requirement upon any 19 hospital employee, physician, nurse, or hospital that is directly 20 affiliated with a bona fide religious denomination that includes as 21 an integral part of its beliefs and practices the tenet that blood 22 transfer is contrary to an essential part of its doctrine or beliefs. 23 24 Section 44-46-80. (A) The Medical University of South 25 Carolina and the University of South Carolina School of Medicine 26 shall jointly establish and maintain a public institutional review 27 board (‘public IRB’). The public IRB shall operate pursuant to the 28 provisions contained in Section 44-46-20. The public IRB must be 29 established not later than one hundred twenty days from this act’s 30 effective date. The public IRB must be available on an ongoing 31 basis to any institution for review of that institution’s 32 experimentation, study, and procedures for the purposes of 33 conducting research pursuant to this chapter. The public IRB must 34 be available to any institution employing 50 or fewer full-time 35 employees. 36 (B) An institution may access the services of the public IRB 37 only through a written instrument of contract. The contract must 38 include the payment to the public IRB of a reasonable fee, 39 calculated pursuant to a methodology approved by the advisory 40 board to account for the costs of operating and maintaining the 41 public IRB and the relevant position of those costs attributable to 42 the particular institution receiving the benefit.” 43

1 [771] 11 1 SECTION 2. A. The Stem Cell Advisory Board, established 2 pursuant to Section 44-46-40 of the 1976 Code, together with the 3 Department of Health and Environmental Control, shall conduct a 4 feasibility study on the establishment and maintenance of a public 5 bank for the collection and storage of umbilical cord blood and 6 cells and placental tissue and cells for the purpose of making these 7 resources available to donors and their families for individual 8 medical research and treatment. 9 B.This study shall include, but is not limited to, the development 10 of an appropriate fee structure to be charged to individuals 11 participating in the bank, any necessary eligibility requirements to 12 ensure access to the bank for citizens of all geographic regions of 13 the State, of all levels of income, the costs of operating and 14 maintaining said bank, and any possible need for and 15 appropriateness of public subsidies for those costs, any necessary 16 regulations and protocols to govern donations to the bank and the 17 release and use of banked cells, tissue or blood, the potential for 18 and desirability of additional partnerships in operating the bank, 19 and any ethical considerations involved in its creation and 20 maintenance. 21 C.The board shall report the findings of the study, together with 22 all necessary legislative recommendations for the establishment 23 and maintenance of the bank, to the House of Representatives, the 24 Senate, and the Governor, not later than one hundred eighty days 25 after this act’s effective date. 26 27 SECTION 3. Any institution currently conducting human 28 embryonic stem cell research in this State has one hundred eighty 29 days from this act’s effective date to comply with the provisions of 30 this act. Research currently being conducted by institutions in this 31 State relative to human embryonic stem cell research is not 32 deemed to be in violation of Section 44-46-30(B)(1) of the 1976 33 Code for one hundred fifty days after this act’s effective date and 34 of Section 44-46-60(B) for one hundred eighty days after this act’s 35 effective date. 36 37 SECTION 4. This act takes effect upon approval by the 38 Governor. 39 ----XX---- 40

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