Michigan's Current Law     

Michigan law bans any research which destroys embryos for non-therapeutic purposes (MCL 333.2685; 1978, Act 368, Eff. Sept. 30, 1978). The law says “a person shall not use a live human embryo, fetus , or neonate for non-therapeutic research, if… the research substantially jeopardizes the life or health of the embryo, fetus or neonate” without having any therapeutic benefits for that embryo. That's an important point.

Michigan law also bans the use of the Somatic Cell Nuclear Transfer (SCNT) procedure. MCLA 333.16274 says it is a crime (up to a $10 million fine and up to 10 years imprisonment) to “use somatic cell nuclear transfer to produce a human embryo.” A “human embryo” is an egg cell which may be capable of becoming a human being. Michigan 's policies are a sharp contrast to many other states, such as California and New Jersey, which explicitly allow embryonic stem cell research with blastocysts from any source including the SCNT procedure. Many of the states that have enacted legislation prohibiting human cloning have distinguished between reproductive and therapeutic cloning. Michigan does not. Michigan, like South Dakota, forbids therapeutic cloning.

Proposals being considered by some policymakers would lessen state restrictions on stem cell research by removing restrictions on embryonic stem cell research, allowing for the creation of stem cells through nuclear transfer and strengthening the ban on human reproductive cloning. These changes would bring Michigan state law into line with federal law and with the laws of many other states.

Supporters say the proposals would:

•  Protect the rights of Michigan patients to have any stem cell treatments for their diseases and injuries that are allowed under federal law and available to other Americans;

•  Establish clear ethical boundaries and oversight requirements for stem cell research conducted in Michigan – including a strict ban on any attempt to clone a human being;

•  Remove restrictions on the derivation of new embryonic stem cell lines to allow Michigan's research institutions to better understand diseases, potential new treatments and develop safer, more effective drugs;

•  Assist and reinforce Michigan's economy by attracting and retaining jobs in biotechnology and life sciences.

The proposals are modeled after the Human Reproductive Cloning Ban and Stem Cell Enhancement Act, (Senate Bill 303) sponsored by Senator Orrin Hatch (R-UT), which would also permit stem cell research and ban human cloning.

Representatives Andrew Meisner and Mark Meadows, along with Senator Gretchen Whitmer (D-East Lansing) have introduced this legislation. Click here to view House Bills 4616-4618 and click here to view Senate Bill 52 .

How Michigan compares to other states’ law

Michigan's current laws on stem cell research are considered within the scientific community to be more restrictive than federal laws and policies enacted by many other states. The Houston Chronicle described Michigan in 2005 as one of five states with the most severe laws and called Michigan a "non-player" in the world of stem cell research.

With regard to Michigan's laws stifling research, Dr. Sean Morrison, Director of the University of Michigan Center for Stem Cell Biology, who plans to recruit more researchers to this state, said in the Detroit News Sept. 20, 2006:

"We are not deriving new embryonic stem cell line because it is illegal under Michigan law," Morrison said. "However, it would be useful to develop new lines, and I hope Michigan's Legislature will reconsider this some day. There are far more people who are excited about the possibilities of this research than are uncomfortable with it. There are many who have long aligned with the pro-life movement who now are speaking about the possibilities and necessities of this research."

In recent years, several states have passed legislation designating billions of dollars in state funding and public bonds for embryonic stem cell research. States such as California, New Jersey, Illinois, Wisconsin and New York are promoting their state's policies to attract biotechnology firms and recruit biologists to their state's research institutions. This affects not only the states' reputations within the biotech industry, but also their state economies.

As a result, other states are moving quickly to enact policies that promote embryonic stem cell research, though not all of them are weighing whether to approve state funding.

State initiatives:

According to Scientific American: At least ten states are considering their own funding efforts or regulatory reforms. The following list indicates the adult and embryonic initiatives going on around the country, according to Scientific American, the Houston Chronicle and other sources.

California: In November 2004, voters in California followed the path of New Jersey with the passage of Proposition 71 to fund embryonic stem cells research. The measure authorized the issuance of bonds in the amount of $3 billion beginning in 2005, not to exceed the sale of over $350 million per year.  If less than the amount is issued, the remainder may be carried over to the next year.  This will thus provide $3 billion over 10 years to fund embryonic stem cell research.

Connecticut: In 2005, the Connecticut legislature passed Senate Bill 934, which created a fund to provide ten million dollars in grants a year over ten years to fund adult and embryonic stem cell research.

Illinois: Illinois Governor Blagojevich signed an executive order to create the Illinois Regenerative Medicine Institute and provide for grants to medical research facilities for adult and embryonic stem cell research. At the same time, the Governor transferred $10 million to this new program. The grants were awarded in 2006.

Maryland: The Maryland legislature recently created the Maryland Stem Cell Research Fund, which will provide grants for adult and embryonic stem cell research.  Unused donated materials under this program may not include oocyte s. The Maryland budget for FY 2007 included $15 million for the fund. 

Massachusetts: Legislators in Massachusetts have enacted Senate Bill 2039, which became law after the legislature overrode the governor's veto. The measure creates a biomedical research advisory council, which will examine the appropriateness of public funding for research on stem cells from umbilical cord blood and assess the feasibility of establishing an Institute for Regenerative Medicine at the University of Massachusetts Medical School. As of July 31, 2006, the Massachusetts legislature was considering $10 million in funding for a life sciences center that would involve work in several areas, including stem cell research and regenerative medicine . Harvard University also has launched a $100 million stem cell institute.

Missouri: In 2006, Missouri voters approved an amendment known as the Missouri Stem Cell Research and Cures Initiative. The initiative guarantees that any federally allowed stem cell research and treatments can occur in Missouri , including research using human embryos. Its significance was largely symbolic as embryonic stem cell research is already occurring in Missouri on a limited basis. Supporters cited several unsuccessful attempts by some state lawmakers to criminalize the procedure as impetus for the measure. The five-page amendment also bans human cloning, but implicitly allows a technique referred to by stem cell scientists as therapeutic cloning or SCNT.

New Jersey: In early 2004, New Jersey became the first state to appropriate funds specifically for adult and embryonic stem cell research. Over the last two years $8.5 million and $14.5 million in general revenues have been allocated to the New Jersey Stem Cell Institute, according to New Jersey 's Commission on Science and Technology. In addition, a $230 million ballot initiative for stem cell research grants and $150 million in capital funds to build the Stem Cell Institute of New Jersey have been proposed. The state of New Jersey awarded its first grants in December 2005. Grants were awarded to 17 institutions for research on stem cells from embryos and other sources. 

New York , Florida and Pennsylvania are exploring Prop 71-like initiatives.

Ohio: Case Western Reserve University Medical School and partners created the Center for Stem Cell and Regenerative Medicine last year with $19.5 million in state money (non-embryonic stem cells therapy).

Texas: The Texas House, in August, approved selling bonds to build an adult stem cell research facility in Houston , to help Texas stay competitive with other states in the field. They also approved $41.1 million for a biomedical research facility at the University of Texas Health Science Center at Houston which was added to a private $25 million donation. (Law may still allow the creation of new lines: is under debate.)

Virginia: In 2005 the Virginia legislature created a fund to support adult stem cell research only. Money was not appropriated at the time the fund was established.

Wisconsin: The state where stem cell research began, Wisconsin is investing $375 million in stem cell research as part of the new $750 million Wisconsin Institute of Discovery. Gov. Jim Doyle supports embryonic stem cells research and has vetoed a ban on embryonic stem cell research by the Wisconsin Legislature. He has proposed allocating $5 million in state funding for companies doing stem cell research, which he claims could generate 100,000 new jobs in his state by 2015.

Michigan , under its current laws on stem cell research, runs the risk of falling behind these other states. One way Michigan can attract and create new jobs is to promote research in stem cells and other life sciences. The federal government projects that biotech and pharmaceutical companies will hire 12.5 percent more people by 2012. Estimates show that new investments in life sciences with a single state could result in 7,000 new jobs directly related to the biotech industry and 15,000 total new jobs. This would produce an estimated $307 million more in state revenue.



Copyright © 2006 Michigan Citizens For Stem Cell Research & Cures