donate
Stay Informed
Home About MCSCRC Detroiters for Cures Contact Us
FAQs and Glossary Michigan's Current Law Partners & Resources Stories of Hope Various Views Ask the Expert

1. What federal laws govern stem cell research?

Currently, all forms of stem cell research, including somatic cell nuclear transfer, are legal at the federal level. There was a federal policy limiting federal funding to research using stem cell lines developed before August 2001. But on March 9, 2009, President Obama signed an executive order revising that policy and allowing the federal government to invest millions of dollars in new embryonic stem cell research.

However, at the federal level, the 1996 Dickey-Wicker Amendment continues to ban the use of federal funds for the creation of human embryos for research purposes or for research in which human embryos are destroyed. In essence, this law continues to block the use of federal funds for the creation of new stem cell lines. It does not, however, prevent federal funding to be used for research on those stem cells lines if they are created using non-federal funds. The Dickey-Wicker Amendment can only be overturned by congressional action.

Back To Top

2. What Michigan state laws or policies affect this research?

On Nov. 4, 2008, Michigan voters approved Proposal 2 which amended the state constitution, overturning a 1978 Michigan law that prohibited the use of human embryos for research, even if those embryos were to be discarded. The passage of Proposal 2 gave hope to millions of Michigan patients and their families. It also freed our state’s world-renowned researchers to utilize their formidable talents and use stem cell research to solve biological mysteries that have stymied mankind.

The new law makes Michigan one of just three states that protect stem cell research in the state constitution. The change allows Michigan researchers to derive new embryonic stem lines, using procedures already employed in laboratories around the world. The new state law allows the use of human embryos for research that is already permitted and regulated under federal law, provided that the embryos:

  • Were created for the purpose of fertility treatment
  • Would otherwise have been discarded, either because they were not suitable for clinical use or because they were no longer needed
  • Were donated through informed, written consent by the person seeking fertility treatment without any payment
  • Came from embryos for 14 days or less after fertilization

Michigan’s ban on human (reproductive) cloning was not altered by Proposal 2 and remains in full effect.

The passage of Proposal 2 positioned Michigan researchers to compete for the millions of federal dollars that President Obama allowed the federal government to invest in new embryonic stem cell research beginning March 2, 2009. The winners in this extraordinary shift in our state’s stem cell paradigm are the patients who are anxiously awaiting cures and treatments to improve their lives.

Back To Top

3. Is stem cell research currently being conducted in Michigan?

Yes. There are several institutions conducting stem cell research, including the University of Michigan, Wayne State University, Michigan State University and Oakland University. Many scientists, physicians and patient groups believe that stem cells will revolutionize how human diseases are studied and treated. Michigan scientists will maintain their leadership role in research by pursuing this most promising avenue to new cures and treatment.

Back To Top

4. Why do states have varying laws regarding embryonic stem cell research?

Individual states have the authority to pass laws on stem cell research. In an effort to move stem cell research forward during the years when federal funding was restricted, a number of states, including California, Maryland, New Jersey and Connecticut, passed laws that encouraged scientists to pursue embryonic stem cell research in those states by providing state money. Other states, like Michigan and Missouri, have passed laws or constitutional amendments specifically legalizing the research but have stopped short of funding it.
In contrast, a few other states like South Dakota and Louisiana have passed laws that make it illegal to derive human embryonic stem cell lines by destroying embryos or to perform nuclear transfer in human eggs. These states make it illegal to perform research that is legal under federal law.

Back To Top

5. What are the NIH guidelines for embryonic stem cell research which will receive the recently approved federal funding?

The National Institutes of Health recently developed Guidelines for Human Stem Cell Research. The NIH drafted the guidelines in response to President Barack Obama’s Executive Order 13505, issued March 9, 2009, which allowed government funding to flow to embryonic stem cell research using all ethically derived stem cell lines. The guidelines “establish policy and procedures under which NIH will fund research in this area, and to help ensure that NIH-funded research in this area is ethically responsible, scientifically worthy and conducted in accordance with applicable law.” To read the guidelines, visit http://stemcells.nih.gov/policy/2009guidelines.htm. For more information on stem cell research regulations, see the “Regulations and Ethics” section of this FAQ.

Back To Top



Copyright © 2006, 2009 Michigan Citizens For Stem Cell Research & Cures