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Please note that there is two different forms of Embryonics.
Adult stem cell research is a very promising area, in which over 62 cures have
been made. Embryonic Stem Cell Research (SCNT) has yielded nothing, but
murdered people in their earliest of days, and tumors in those who have had
them injected. There is no point in SCNT/Embryonics, since it is murder and
nothing has come of it.
More oped and the full text of the amendment are included on this story's page. Click the read more link, or the title to see them.
It seems people in their own ignorance voted without even
reading for themselves the Amendment 2 that recently passed. It legalizes SCNT
– somatic cell nuclear transfer – which is “Embryonic Stem Cell Research.” It
kills an existing embryo (note the new term “blastocyst,” which is used so that
human life can be redefined, which is an embryo) by sucking the genetic
material out, and injecting genetic material from another person, which, in
essence, clones them. After developing a while, the stem cells are taken, which
kills the embryo once more. That’s two murders in my book. The stem cells are
then used to try to cure things. So far, all that has done is cause tumors.
Furthermore, these stem cells can now be created without SCNT, without the
death of an embryo. Yet it seems that SCNT will be used, because it presents
more commercial benefits.
Please note that the family who backed this amendment so
hard owns a pharmaceutical company, and while they invested $29million, they
stand to gain billions by patenting useless stem cell lines.
For your reading is
the entire amendment below. It contradicts itself, banning human cloning, yet
allowing SCNT, which is cloning an individual. Therefore, this amendment should
be thrown out by the supreme court, or repealed.
Section 38(d). 1. This section shall be known as the “ Missouri Stem
Cell Research and Cures Initiative.”
2. To ensure that Missouri patients have access to stem cell therapies and
cures, that Missouri researchers can conduct stem cell research in the state,
and that all such research is conducted safely and ethically, any stem cell
research permitted under federal law may be conducted in Missouri, and any stem
cell therapies and cures permitted under federal law may be provided to
patients in Missouri, subject to the requirements of federal law and only the
following additional limitations and requirements:
(1) No person may clone or attempt to clone a human being.
(2) No human blastocyst may be produced by fertilization solely for the
purpose of stem cell research.
(3) No stem cells may be taken from a human blastocyst more than fourteen
days after cell division begins; provided, however, that time during which a
blastocyst is frozen does not count against the fourteen-day limit.
(4) No person may, for valuable consideration, purchase or sell human
blastocysts or eggs for stem cell research or stem cell therapies and cures.
(5) Human blastocysts and eggs obtained for stem cell research or stem cell
therapies and cures must have been donated with voluntary and informed consent,
documented in writing.
(6) Human embryonic stem cell research may be conducted only by persons
that, within 180 days of the effective date of this section or otherwise prior
to commencement of such research, whichever is later, have
(a) provided oversight responsibility and approval authority for such
research to an embryonic stem cell research oversight committee whose
membership includes representatives of the public and medical and scientific
experts;
(b) adopted ethical standards for such research that comply with the
requirements of this section; and
(c) obtained a determination from an Institutional Review Board that the
research complies with all applicable federal statutes and regulations that the
Institutional Review Board is responsible for administering.
(7) All stem cell research and all stem cell therapies and cures must be
conducted and provided in accordance with state and local laws of general
applicability, including but not limited to laws concerning scientific and
medical practices and patient safety and privacy, to the extent that any such
laws do not (i) prevent, restrict, obstruct, or discourage any stem cell
research or stem cell therapies and cures that are permitted by the provisions
of this section other than this subdivision (7) to be conducted or provided, or
(ii) create disincentives for any person to engage in or otherwise associate
with such research or therapies and cures.
3. Any person who knowingly and willfully violates in this state subdivision
(1) of subsection 2 of this section commits a crime and shall be punished by
imprisonment for a period of up to fifteen years or by the imposition of a fine
of up to two hundred fifty thousand dollars, or by both. Any person who
knowingly and willfully violates in this state subdivisions (2) or (3) of
subsection 2 of this section commits a crime and shall be punished by
imprisonment for a period of up to ten years or by the imposition of a fine of
up to one hundred thousand dollars, or by both. A civil action may be brought
against any person who knowingly and willfully violates in this state any of
subdivisions (1) through (6) of subsection 2 of this section, and the state in
such action shall be entitled to a judgment recovering a civil penalty of up to
fifty thousand dollars per violation, requiring disgorgement of any financial
profit derived from such violation, and/or enjoining any further such
violation. The attorney general shall have the exclusive right to bring a civil
action for such violation. Venue for such action shall be the county in which
the alleged violation occurred.
4. Each institution, hospital, other entity, or other person conducting
human embryonic stem cell research in the state shall (i) prepare an annual
report stating the nature of the human embryonic stem cells used in, and the
purpose of, the research conducted during the prior calendar year, and
certifying compliance with subdivision (6) of subsection 2 of this section; and
(ii) no later than June 30 of the subsequent year, make such report available
to the public and inform the Secretary of State how the public may obtain
copies of or otherwise gain access to the report. The report shall not contain
private or confidential medical, scientific, or other information. Individuals
conducting research at an institution, hospital, or other entity that prepares
and makes available a report pursuant to this subsection 4 concerning such
research are not required to prepare and make available a separate report
concerning that same research. A civil action may be brought against any
institution, hospital, other entity, or other person that fails to prepare or
make available the report or inform the Secretary of State how the public may
obtain copies of or otherwise gain access to the report, and the state in such
action shall be entitled as its sole remedy to an affirmative injunction
requiring such institution, hospital, other entity, or other person to prepare
and make available the report or inform the Secretary of State how the public
may obtain or otherwise gain access to the report. The attorney general shall
have the exclusive right to bring a civil action for such violation.
5. To ensure that no governmental body or official arbitrarily restricts
funds designated for purposes other than stem cell research or stem cell
therapies and cures as a means of inhibiting lawful stem cell research or stem
cell therapies and cures, no state or local governmental body or official shall
eliminate, reduce, deny, or withhold any public funds provided or eligible to
be provided to a person that (i) lawfully conducts stem cell research or
provides stem cell therapies and cures, allows for such research or therapies
and cures to be conducted or provided on its premises, or is otherwise
associated with such research or therapies and cures, but (ii) receives or is eligible
to receive such public funds for purposes other than such stem cell-related
activities, on account of, or otherwise for the purpose of creating
disincentives for any person to engage in or otherwise associate with, or
preventing, restricting, obstructing, or discouraging, such stem cell-related
activities.
6. As used in this section, the following terms have the following meanings:
(1) “Blastocyst” means a small mass of cells that results from cell
division, caused either by fertilization or somatic cell nuclear transfer, that
has not been implanted in a uterus.
(2) “Clone or attempt to clone a human being” means to implant in a uterus
or attempt to implant in a uterus anything other than the product of
fertilization of an egg of a human female by a sperm of a human male for the
purpose of initiating a pregnancy that could result in the creation of a human
fetus, or the birth of a human being.
(3) “Donated” means donated for use in connection either with scientific or
medical research or with medical treatment.
(4) “Fertilization” means the process whereby an egg of a human female and
the sperm of a human male form a zygote (i.e., fertilized egg).
(5) “Human embryonic stem cell research,” also referred to as “early stem
cell research,” means any scientific or medical research involving human stem
cells derived from in vitro fertilization blastocysts or from somatic cell
nuclear transfer. For purposes of this section, human embryonic stem cell
research does not include stem cell clinical trials.
(6) “In vitro fertilization” means fertilization of an egg with a sperm
outside the body.
(7) “Institutional Review Board” means a specially constituted review board
established and operating in accordance with federal law as set forth in 42
U.S.C. 289, 45 C.F.R. Part 46, and any other applicable federal statutes and
regulations, as amended from time to time.
(8) “Permitted under federal law” means, as it relates to stem cell research
and stem cell therapies and cures, any such research, therapies, and cures that
are not prohibited under federal law from being conducted or provided,
regardless of whether federal funds are made available for such activities.
(9) “Person” means any natural person, corporation, association,
partnership, public or private institution, or other legal entity.
(10) “Private or confidential medical, scientific, or other information”
means any private or confidential patient, medical, or personnel records or
matters, intellectual property or work product, whether patentable or not and
including but not limited to any scientific or technological innovations in
which an entity or person involved in the research has a proprietary interest,
prepublication scientific working papers, research, or data, and any other
matter excepted from disclosure under Chapter 610, RSMo, as amended from time
to time.
(11) “Solely for the purpose of stem cell research” means producing human
blastocysts using in vitro fertilization exclusively for stem cell research,
but does not include producing any number of human blastocysts for the purpose
of treating human infertility.
(12) “Sperm” means mature spermatozoa or precursor cells such as spermatids
and spermatocytes.
(13) “Stem cell” means a cell that can divide multiple times and give rise
to specialized cells in the body, and includes but is not limited to the stem
cells generally referred to as (i) adult stem cells that are found in some body
tissues (including but not limited to adult stem cells derived from adult body
tissues and from discarded umbilical cords and placentas), and (ii) embryonic
stem cells (including but not limited to stem cells derived from in vitro
fertilization blastocysts and from cell reprogramming techniques such as
somatic cell nuclear transfer).
(14) “Stem cell clinical trials” means federally regulated clinical trials
involving stem cells and human subjects designed to develop, or assess or test
the efficacy or safety of, medical treatments.
(15) “Stem cell research” means any scientific or medical research involving
stem cells. For purposes of this section, stem cell research does not include
stem cell clinical trials.
(16) “Stem cell therapies and cures” means any medical treatment that
involves or otherwise derives from the use of stem cells, and that is used to
treat or cure any disease or injury. For purposes of this section, stem cell
therapies and cures does include stem cell clinical trials.
(17) “Valuable consideration” means financial gain or advantage, but does
not include reimbursement for reasonable costs incurred in connection with the
removal, processing, disposal, preservation, quality control, storage,
transfer, or donation of human eggs, sperm, or blastocysts, including lost
wages of the donor. Valuable consideration also does not include the
consideration paid to a donor of human eggs or sperm by a fertilization clinic
or sperm bank, as well as any other consideration expressly allowed by federal
law.
7. The provisions of this section and of all state and local laws,
regulations, rules, charters, ordinances, and other governmental actions shall
be construed in favor of the conduct of stem cell research and the provision of
stem cell therapies and cures. No state or local law, regulation, rule,
charter, ordinance, or other governmental action shall (i) prevent, restrict,
obstruct, or discourage any stem cell research or stem cell therapies and cures
that are permitted by this section to be conducted or provided, or (ii) create
disincentives for any person to engage in or otherwise associate with such
research or therapies and cures.
8. The provisions of this section are self-executing. All of the provisions
of this section are severable. If any provision of this section is found by a
court of competent jurisdiction to be unconstitutional or unconstitutionally enacted,
the remaining provisions of this section shall be and remain valid.
Section 38(d). 1. This section shall be known as the “
Missouri Stem Cell Research and Cures Initiative.”
2. To ensure that Missouri patients have access to stem cell
therapies and cures, that Missouri researchers can conduct stem cell research
in the state, and that all such research is conducted safely and ethically, any
stem cell research permitted under federal law may be conducted in Missouri,
and any stem cell therapies and cures permitted under federal law may be
provided to patients in Missouri, subject to the requirements of federal law
and only the following additional limitations and requirements:
(1) No person may clone or attempt to clone a human being.
(2) No human blastocyst may be produced by fertilization
solely for the purpose of stem cell research.
(3) No stem cells may be taken from a human blastocyst more
than fourteen days after cell division begins; provided, however, that time
during which a blastocyst is frozen does not count against the fourteen-day
limit.
(4) No person may, for valuable consideration, purchase or
sell human blastocysts or eggs for stem cell research or stem cell therapies
and cures.
(5) Human blastocysts and eggs obtained for stem cell research
or stem cell therapies and cures must have been donated with voluntary and
informed consent, documented in writing.
(6) Human embryonic stem cell research may be conducted only
by persons that, within 180 days of the effective date of this section or
otherwise prior to commencement of such research, whichever is later, have
(a) provided oversight responsibility and approval authority
for such research to an embryonic stem cell research oversight committee whose
membership includes representatives of the public and medical and scientific
experts;
(b) adopted ethical standards for such research that comply
with the requirements of this section; and
(c) obtained a determination from an Institutional Review
Board that the research complies with all applicable federal statutes and
regulations that the Institutional Review Board is responsible for
administering.
(7) All stem cell research and all stem cell therapies and
cures must be conducted and provided in accordance with state and local laws of
general applicability, including but not limited to laws concerning scientific
and medical practices and patient safety and privacy, to the extent that any
such laws do not (i) prevent, restrict, obstruct, or discourage any stem cell
research or stem cell therapies and cures that are permitted by the provisions
of this section other than this subdivision (7) to be conducted or provided, or
(ii) create disincentives for any person to engage in or otherwise associate
with such research or therapies and cures.
3. Any person who knowingly and willfully violates in this
state subdivision (1) of subsection 2 of this section commits a crime and shall
be punished by imprisonment for a period of up to fifteen years or by the
imposition of a fine of up to two hundred fifty thousand dollars, or by both.
Any person who knowingly and willfully violates in this state subdivisions (2)
or (3) of subsection 2 of this section commits a crime and shall be punished by
imprisonment for a period of up to ten years or by the imposition of a fine of
up to one hundred thousand dollars, or by both. A civil action may be brought
against any person who knowingly and willfully violates in this state any of
subdivisions (1) through (6) of subsection 2 of this section, and the state in
such action shall be entitled to a judgment recovering a civil penalty of up to
fifty thousand dollars per violation, requiring disgorgement of any financial
profit derived from such violation, and/or enjoining any further such
violation. The attorney general shall have the exclusive right to bring a civil
action for such violation. Venue for such action shall be the county in which
the alleged violation occurred.
4. Each institution, hospital, other entity, or other person
conducting human embryonic stem cell research in the state shall (i) prepare an
annual report stating the nature of the human embryonic stem cells used in, and
the purpose of, the research conducted during the prior calendar year, and
certifying compliance with subdivision (6) of subsection 2 of this section; and
(ii) no later than June 30 of the subsequent year, make such report available
to the public and inform the Secretary of State how the public may obtain
copies of or otherwise gain access to the report. The report shall not contain
private or confidential medical, scientific, or other information. Individuals
conducting research at an institution, hospital, or other entity that prepares
and makes available a report pursuant to this subsection 4 concerning such
research are not required to prepare and make available a separate report
concerning that same research. A civil action may be brought against any
institution, hospital, other entity, or other person that fails to prepare or
make available the report or inform the Secretary of State how the public may
obtain copies of or otherwise gain access to the report, and the state in such
action shall be entitled as its sole remedy to an affirmative injunction
requiring such institution, hospital, other entity, or other person to prepare
and make available the report or inform the Secretary of State how the public
may obtain or otherwise gain access to the report. The attorney general shall
have the exclusive right to bring a civil action for such violation.
5. To ensure that no governmental body or official
arbitrarily restricts funds designated for purposes other than stem cell
research or stem cell therapies and cures as a means of inhibiting lawful stem
cell research or stem cell therapies and cures, no state or local governmental
body or official shall eliminate, reduce, deny, or withhold any public funds
provided or eligible to be provided to a person that (i) lawfully conducts stem
cell research or provides stem cell therapies and cures, allows for such
research or therapies and cures to be conducted or provided on its premises, or
is otherwise associated with such research or therapies and cures, but (ii)
receives or is eligible to receive such public funds for purposes other than
such stem cell-related activities, on account of, or otherwise for the purpose
of creating disincentives for any person to engage in or otherwise associate
with, or preventing, restricting, obstructing, or discouraging, such stem
cell-related activities.
6. As used in this section, the following terms have the following
meanings:
(1) “Blastocyst” means a small mass of cells that results
from cell division, caused either by fertilization or somatic cell nuclear
transfer, that has not been implanted in a uterus.
(2) “Clone or attempt to clone a human being” means to
implant in a uterus or attempt to implant in a uterus anything other than the
product of fertilization of an egg of a human female by a sperm of a human male
for the purpose of initiating a pregnancy that could result in the creation of
a human fetus, or the birth of a human being.
(3) “Donated” means donated for use in connection either
with scientific or medical research or with medical treatment.
(4) “Fertilization” means the process whereby an egg of a
human female and the sperm of a human male form a zygote (i.e., fertilized
egg).
(5) “Human embryonic stem cell research,” also referred to
as “early stem cell research,” means any scientific or medical research
involving human stem cells derived from in vitro fertilization blastocysts or
from somatic cell nuclear transfer. For purposes of this section, human
embryonic stem cell research does not include stem cell clinical trials.
(6) “In vitro fertilization” means fertilization of an egg
with a sperm outside the body.
(7) “Institutional Review Board” means a specially
constituted review board established and operating in accordance with federal
law as set forth in 42 U.S.C. 289, 45 C.F.R. Part 46, and any other applicable
federal statutes and regulations, as amended from time to time.
(8) “Permitted under federal law” means, as it relates to
stem cell research and stem cell therapies and cures, any such research,
therapies, and cures that are not prohibited under federal law from being
conducted or provided, regardless of whether federal funds are made available
for such activities.
(9) “Person” means any natural person, corporation,
association, partnership, public or private institution, or other legal entity.
(10) “Private or confidential medical, scientific, or other
information” means any private or confidential patient, medical, or personnel
records or matters, intellectual property or work product, whether patentable
or not and including but not limited to any scientific or technological
innovations in which an entity or person involved in the research has a
proprietary interest, prepublication scientific working papers, research, or
data, and any other matter excepted from disclosure under Chapter 610, RSMo, as
amended from time to time.
(11) “Solely for the purpose of stem cell research” means
producing human blastocysts using in vitro fertilization exclusively for stem
cell research, but does not include producing any number of human blastocysts
for the purpose of treating human infertility.
(12) “Sperm” means mature spermatozoa or precursor cells
such as spermatids and spermatocytes.
(13) “Stem cell” means a cell that can divide multiple times
and give rise to specialized cells in the body, and includes but is not limited
to the stem cells generally referred to as (i) adult stem cells that are found
in some body tissues (including but not limited to adult stem cells derived
from adult body tissues and from discarded umbilical cords and placentas), and
(ii) embryonic stem cells (including but not limited to stem cells derived from
in vitro fertilization blastocysts and from cell reprogramming techniques such
as somatic cell nuclear transfer).
(14) “Stem cell clinical trials” means federally regulated
clinical trials involving stem cells and human subjects designed to develop, or
assess or test the efficacy or safety of, medical treatments.
(15) “Stem cell research” means any scientific or medical
research involving stem cells. For purposes of this section, stem cell research
does not include stem cell clinical trials.
(16) “Stem cell therapies and cures” means any medical
treatment that involves or otherwise derives from the use of stem cells, and
that is used to treat or cure any disease or injury. For purposes of this
section, stem cell therapies and cures does include stem cell clinical trials.
(17) “Valuable consideration” means financial gain or
advantage, but does not include reimbursement for reasonable costs incurred in
connection with the removal, processing, disposal, preservation, quality
control, storage, transfer, or donation of human eggs, sperm, or blastocysts,
including lost wages of the donor. Valuable consideration also does not include
the consideration paid to a donor of human eggs or sperm by a fertilization
clinic or sperm bank, as well as any other consideration expressly allowed by
federal law.
7. The provisions of this section and of all state and local
laws, regulations, rules, charters, ordinances, and other governmental actions
shall be construed in favor of the conduct of stem cell research and the
provision of stem cell therapies and cures. No state or local law, regulation,
rule, charter, ordinance, or other governmental action shall (i) prevent,
restrict, obstruct, or discourage any stem cell research or stem cell therapies
and cures that are permitted by this section to be conducted or provided, or
(ii) create disincentives for any person to engage in or otherwise associate
with such research or therapies and cures.
8. The provisions of this section are self-executing. All of
the provisions of this section are severable. If any provision of this section
is found by a court of competent jurisdiction to be unconstitutional or
unconstitutionally enacted, the remaining provisions of this section shall be
and remain valid.
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