SECTIONS 24185-24187 - California Statutes

HEALTH AND SAFETY CODE

SECTION 24185-24187

24185. (a) No person shall clone a human being or engage in human
reproductive cloning.
(b) No person shall purchase or sell an ovum, zygote, embryo, or
fetus for the purpose of cloning a human being.
(c) For purposes of this chapter, the following definitions apply:
(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) "Department" means the State Department of Health Services.
(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.

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) 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) 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) 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) The activities of the committee shall, to the extent that
funds are available, be funded by the department out of existing
resources.

24187. 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) 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) 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) 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) The administrative penalties shall be paid to the General
Fund.