Chapter 1.4Human Cloning

Section § 24185

Explanation

This section makes it illegal for anyone to clone a human being or engage in human reproductive cloning. It also prohibits buying or selling eggs, zygotes, embryos, or fetuses for cloning purposes. Cloning involves using a human cell nucleus in an egg cell to create a pregnancy that could result in a human birth. Human reproductive cloning means creating a human identical to someone already born. The State Department of Health Services is allowed to define or update regulations on what constitutes human reproductive cloning.

(a)CA Health and Safety Code § 24185(a)  No person shall clone a human being or engage in human reproductive cloning.
(b)CA Health and Safety Code § 24185(b)  No person shall purchase or sell an ovum, zygote, embryo, or fetus for the purpose of cloning a human being.
(c)CA Health and Safety Code § 24185(c)  For purposes of this chapter, the following definitions apply:
(1)CA Health and Safety Code § 24185(c)(1)  “Clone” means the practice of creating or attempting to create a human being by transferring the nucleus from a human cell from whatever source into a human or nonhuman egg cell from which the nucleus has been removed for the purpose of, or to implant, the resulting product to initiate a pregnancy that could result in the birth of a human being.
(2)CA Health and Safety Code § 24185(c)(2)  “Department” means the State Department of Health Services.
(3)CA Health and Safety Code § 24185(c)(3)  “Human reproductive cloning” means the creation of a human fetus that is substantially genetically identical to a previously born human being. The department may adopt, interpret, and update regulations, as necessary, for purposes of more precisely defining the procedures that constitute human reproductive cloning.
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(Amended by Stats. 2002, Ch. 821, Sec. 4. Effective January 1, 2003.)

Section § 24186

Explanation

This law mandates the establishment of an advisory committee to provide guidance to the Legislature and Governor on human cloning and biotechnology issues. The committee must have at least nine members chosen by the Director of Health Services, serving without pay. It should include experts from medicine, religion, biotechnology, genetics, and the law, as well as the general public. Additionally, at least three independent bioethicists, representing a diverse range of religious and ethical views, must be included; these bioethicists cannot have ties to any corporations or universities involved in human cloning or biotechnology research.

By the end of 2003 and every year after, the committee’s activities should be reported to the Legislature and Governor. Funding for the committee's activities comes from the department's existing resources, as available.

(a)Copy CA Health and Safety Code § 24186(a)
(1)Copy CA Health and Safety Code § 24186(a)(1)  The department shall establish an advisory committee for purposes of advising the Legislature and the Governor on human cloning and other issues relating to human biotechnology. The committee shall be composed of at least nine members, appointed by the Director of Health Services, who shall serve without compensation.
(2)CA Health and Safety Code § 24186(a)(2)  The committee shall include at least one representative from the areas of medicine, religion, biotechnology, genetics, law, and from the general public. The committee shall also include not less than three independent bioethicists who possess the qualifications described in paragraph (3).
(3)CA Health and Safety Code § 24186(a)(3)  The independent bioethicists selected to serve on the committee shall reflect a representative range of religious and ethical perspectives in California regarding the issues of human cloning and human biotechnology. An independent bioethicist serving on the advisory committee shall not be employed by, consult with or have consulted with, or have any direct or indirect financial interest, in any corporation engaging in research relating to human cloning or human biotechnology. A person with any affiliation to the grant-funded cloning research programs operated by the University of California or the California State University is also prohibited from serving as a bioethicist on the advisory committee.
(b)CA Health and Safety Code § 24186(b)  On or before December 31, 2003, and annually thereafter, the department shall report to the Legislature and the Governor regarding the activities of the committee.
(c)CA Health and Safety Code § 24186(c)  The activities of the committee shall, to the extent that funds are available, be funded by the department out of existing resources.
advisory committee human cloning biotechnology issues Director of Health Services committee members independent bioethicists ethical perspectives religious perspectives biotechnology research financial interest University of California California State University legislature report annual report funding from existing resources
(Added by Stats. 2002, Ch. 821, Sec. 5. Effective January 1, 2003.)

Section § 24187

Explanation

This law allows the State Director of Health Services to impose financial penalties on entities and individuals who violate Section 24185, following a notice and hearing. Corporations, clinics, or research facilities can be fined up to $1,000,000, while individuals can be fined up to $250,000. If the violator financially benefited from the violation, they may have to pay up to twice the profit gained. All fines collected go to the General Fund.

For violations of Section 24185, the State Director of Health Services may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as follows:
(a)CA Health and Safety Code § 24187(a)  If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, by a civil penalty of not more than one million dollars ($1,000,000) or the applicable amount under subdivision (c), whichever is greater.
(b)CA Health and Safety Code § 24187(b)  If the violator is an individual, by a civil penalty of not more than two hundred fifty thousand dollars ($250,000) or the applicable amount under subdivision (c), whichever is greater.
(c)CA Health and Safety Code § 24187(c)  If any violator derives pecuniary gain from a violation of this section, the violator may be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two.
(d)CA Health and Safety Code § 24187(d)  The administrative penalties shall be paid to the General Fund.
administrative penalties health services violations pecuniary gain civil penalty corporation fines individual fines gross gain calculation General Fund payment Section 24185 violations corporate violators individual violators financial penalties State Director of Health Services hearing notice penalty assessment
(Added by Stats. 1997, Ch. 688, Sec. 5. Effective January 1, 1998.)