STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Increases criminal penalties for selling fetal tissue and requires documentation of costs associated with processing, transportation, and storage.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning organ and tissue donation and amending P.L.2003, c.203.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.203 (C.26:2Z-2) is amended to read as follows:
2. a. It is the public policy of this State that research involving the derivation and use of human embryonic stem cells, human embryonic germ cells, and human adult stem cells, including somatic cell nuclear transplantation, shall:
(1) be permitted in this State;
(2) be conducted with full consideration for the ethical and medical implications of this research; and
(3) be reviewed, in each case, by an institutional review board operating in accordance with applicable federal regulations.
b. (1) A physician or other health care provider who is treating a patient for infertility shall provide the patient with timely, relevant, and appropriate information sufficient to allow that person to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the infertility treatment.
(2) A person to whom information is provided pursuant to paragraph (1) of this subsection shall be presented with the option of storing any unused embryos, donating them to another person, donating the remaining embryos for research purposes, or other means of disposition.
(3) A person who elects to donate, for research purposes, any embryos remaining after receiving infertility treatment shall provide written consent to that donation.
c. (1) A person shall not knowingly, for valuable consideration, purchase or sell, or otherwise transfer or obtain, or promote the sale or transfer of, embryonic [or cadaveric] fetal tissue for research purposes pursuant to this act; however, embryonic [or cadaveric] fetal tissue may be donated for research purposes in accordance with the provisions of subsection b. of this section or other applicable State or federal law.
For the purposes of this subsection, "valuable consideration" means financial gain or advantage, but shall not include reasonable payment for the removal, processing, disposal, preservation, quality control, storage, transplantation, or implantation of embryonic [or cadaveric] fetal tissue.
(2) A person or entity who violates the provisions of this subsection shall be guilty of a crime of the third degree and, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, shall be subject to a fine of up to $50,000 for each violation.
d. (1) A person shall not knowingly, for valuable consideration, purchase or sell, or otherwise transfer or obtain, or promote the sale or transfer of, cadaveric fetal tissue for research purposes pursuant to this act; however, cadaveric fetal tissue may be donated for research purposes in accordance with the provisions of subsection b. of this section or other applicable State or federal law.
For the purposes of this subsection, "valuable consideration" means financial gain or advantage, but shall not include reasonable payment for the removal, processing, disposal, preservation, quality control, and storage of cadaveric fetal tissue.
(2) A person or entity who violates the provisions of this subsection shall be guilty of a crime of the second degree and, notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, shall be subject to a fine of up to $300,000 for each violation.
e. The Commissioner of Health shall adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), regulations requiring such tracking, documentation, and certification as may be necessary to verify the chain of custody and costs assessed with regard to the removal, processing, disposal, preservation, quality control, and storage of cadaveric fetal tissue. The commissioner may establish by regulation the maximum amount that may be reasonably assessed for removal, processing, disposal, preservation, quality control, and storage of cadaveric fetal tissue.
(cf: P.L.2003, c.203, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill increases the criminal penalties for selling cadaveric fetal tissue.
Under current law, women are given the opportunity to voluntarily donate cadaveric fetal tissue for research purposes following a miscarriage or abortion. State and federal laws currently prohibit the sale of donated tissue, and under current State law, violations of this prohibition constitute a crime of the third degree, which is punishable by imprisonment for three to five years, up to a $50,000 fine, or both. This bill makes selling cadaveric fetal tissue a crime of the second degree, which is punishable by imprisonment for five to 10 years, up to a $300,000 fine, or both.
Notwithstanding the prohibition against selling cadaveric fetal tissue, current law permits reimbursement for certain costs associated with the removal, processing, disposal, preservation, quality control, and storage of the tissue. The bill requires the Commissioner of Health to adopt regulations requiring such tracking, documentation, and certification as may be necessary to verify the chain of custody and costs assessed with regard to these procedures, and permits the commissioner to establish the maximum amount that may be reasonably assessed for the procedures.