Massachusetts Council adopts new regulations on embryonic stem cell research

The Massachusetts Public Health Council on Tuesday adopted new regulations on human embryonic stem cell research that Harvard University and several state research centers and hospitals say could expose scientists to criminal penalties for conducting certain research activities, the Boston Globe reports (Smith/Abel, Boston Globe, 8/30).

The state Legislature in May overrode Gov. Mitt Romney's (R) veto of a measure (SB 2039) aimed at supporting embryonic stem cell research in the state.

The law allows human cloning for research purposes but bans human cloning for the purpose of reproduction.

It also eliminates the requirement that scientists engaged in stem cell research obtain approval from the local district attorney and instead gives the state Department of Public Health some regulatory control over the research.

The law requires the creation of a 15-member biomedical research advisory council -- which will hold public meetings, advise legislators on the research in an annual report and investigate whether women should be compensated for donating their eggs.

The law does not provide public funding for embryonic stem cell research (Kaiser Daily Women's Health Report, 6/1/05). According to the Globe, the council's new rules do not "appear to restrict" any current stem cell research.

However, Partners Healthcare, Dana-Farber Cancer Institute and Harvard along with six of its affiliated research centers and hospitals in written testimony submitted to MDPH in May said the regulations might restrict scientists from performing certain experiments that will be performed in other states.

The organizations said they oppose language in the new regulation that prohibits creating a fertilized embryo only with the purpose of "using" it for research.

The law prohibits creating fertilized embryos with only the intent of "donating" the embryo. Opponents of the change said that the language in the new regulation applies the prohibition to scientists and that the state Legislature did not intend for such a regulation.

MDPH Deputy General Counsel Melissa Lopes in a memo to the council said that the law gives the agency the authority to write regulations and that it prohibits the creation of fertilized embryos solely for use in research (Boston Globe, 8/30).