Legislators Toolkit: Kansas State Policy

Current Kansas State Policy

Kansas Economic Growth Act (2004) Biosciences Authority Act

Key Language:

Section 3(aa): Nothwithstanding any other provision of this act, the terms “bioscience,” “biotechnology,” and “life sciences” shall not be construed to include:

1. Induced abortion in humans, performed after the date of enactment of this act, or use of cells or tissues derived therefrom; or
2. Any research the federal funding of which would be contrary to federal laws that are in effect on the date of the enactment of this act.

Impact:

Affects researchers employed by the Authority or who receive funding for research from the Authority.

Proposed Kansas State Policy

House Bill No. 2355, Kansas House of Representatives 2005 Session (PDF)

Key Language:

• It shall be unlawful for any person to:
  1. Perform or attempt to perform human cloning.
  2. Participate in an attempt.
  3. Cause to be shipped or knowingly receive the product of human cloning for any purpose.
• Upon conviction of a violation of subsection (a), a person shall be guilty of a severity level 5, person felony.
• As used in this section:
  1. "Diploid cell" means a cell which has a complete set of chromosomes...
  2. "Human cloning" means asexual reproduction, accomplished by introducing nuclear material from one or more human somatic cells into a fertilized or unfertilized oocyte whose nuclear material has been removed or inactivated to produce a living organism at any stage of development with a human or predominantly human genetic constitution that is genetically virtually identical to an existing or previously existing human organism.
  3. "Oocyte" means an egg before maturation.
  4. "Somatic cell" means a diploid cell which comes from cells of the body...other than germ cells and which is obtained or derived from a living or deceased human organism at any stage of development.
• Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants or animals other than humans.
• This section shall be part of and supplemental to the Kansas criminal code...

Impact:

HB 2355 aims to outlaw human reproductive cloning, however, the specific language of the bill does so at the expense of criminalizing the exploration of an entire category of research that holds the potential to profoundly ease human suffering — research that will study the molecular basis of diseases as they develop from conception to death. Specifically, therapeutic cloning used in research is included in the bill's definition of cloning, criminalizing the use of techniques like somatic cell nuclear transfer (SCNT).

Other unintended consequences to HB 2355 beyond criminalizing SCNT, include losing the spirit of discovery that fuels scientific advancement in our society and a supportive environment in Kansas for research excellence. In addition, Kansas patients may be deprived of the benefits of currently accepted treatments and the science behind those treatments. Patients — and perhaps physicians as well — may leave our medical centers and hospitals to pursue the possibility of more innovative care provided in other states.