42 U.S.C. § 289g: Research on transplantation of fetal tissue

The Secretary may conduct or support research on the transplantation of human fetal tissue for therapeutic purposes. Human fetal tissue may be used in research carried out under paragraph (1) regardless of whether the tissue is obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth. the woman donates the fetal tissue for use in research described in subsection (a); the donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of the tissue; and the woman has not been informed of the identity of any such individuals. the consent of the woman for the abortion was obtained prior to requesting or obtaining consent for a donation of the tissue for use in such research; no alteration of the timing, method, or procedures used to terminate the pregnancy was made solely for the purposes of obtaining the tissue; and the abortion was performed in accordance with applicable State law; the tissue has been donated by the woman in accordance with paragraph (1); and such physician’s interest, if any, in the research to be conducted with the tissue; and any known medical risks to the woman or risks to her privacy that might be associated with the donation of the tissue and that are in addition to risks of such type that are associated with the woman’s medical care. the tissue is human fetal tissue; the tissue may have been obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth; and the tissue was donated for research purposes; has provided such information to other individuals with responsibilities regarding the research; will require, prior to obtaining the consent of an individual to be a recipient of a transplantation of the tissue, written acknowledgment of receipt of such information by such recipient; and has had no part in any decisions as to the timing, method, or procedures used to terminate the pregnancy made solely for the purposes of the research. In research carried out under subsection (a), human fetal tissue may be used only if the head of the agency or other entity conducting the research involved certifies to the Secretary that the statements required under subsections (b)(2) and (c) will be available for audit by the Secretary. use such material or information only for the purposes of verifying compliance with the requirements of this section; not disclose or publish such material or information, except where required by Federal law, in which case such material or information shall be coded in a manner such that the identities of such individuals and entities are protected; and not maintain such material or information after completion of such audit, except where necessary for the purposes of such audit. The Secretary may not provide support for research under subsection (a) unless the applicant for the financial assistance involved agrees to conduct the research in accordance with applicable State law. The Secretary may conduct research under subsection (a) only in accordance with applicable State and local law. The Secretary shall annually submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing the activities carried out under this section during the preceding fiscal year, including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section. For purposes of this section, the term “human fetal tissue” means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth. Except as provided in subsection (c), no official of the executive branch may impose a policy that the Department of Health and Human Services is prohibited from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes. Such research shall be carried out in accordance with section 498A of the Public Health Service Act [ 42 U.S.C. 289g–1 ] (as added by section 111 of this Act), without regard to any such policy that may have been in effect prior to the date of the enactment of this Act [ June 10, 1993 ]. the research has been approved for purposes of subsection (a) of such section 492A; the research will be carried out in accordance with section 498A of such Act [ 42 U.S.C. 289g–1 ] (as added by section 111 of this Act); and there are reasonable assurances that the research will not utilize any human fetal tissue that has been obtained in violation of section 498B(a) of such Act [ 42 U.S.C. 289g–2(a) ] (as added by section 112 of this Act). issued by an ethics advisory board pursuant to section 492A(b)(5)(B)(ii) of the Public Health Service Act [ 42 U.S.C. 289a–1(b)(5)(B)(ii) ] (as added by section 101 of this Act); and finding, on a basis that is neither arbitrary nor capricious, that the nature of the research is such that it is not unethical to conduct or support the research. In the case of any research on the transplantation of human fetal tissue for therapeutic purposes, the Secretary of Health and Human Services may withhold funds for the research if any of the conditions specified in any of subparagraphs (A) through (C) of subsection (b)(1) are not met with respect to the research. For purposes of this section, the term ‘human fetal tissue’ has the meaning given such term in section 498A(f) of the Public Health Service Act [ 42 U.S.C. 289g–1(f) ] (as added by section 111 of this Act).”