[Pflienews] PharmFacts E-News Update: Ohio SB 174 needs total pro-life protective language before a vote!]
PFLI PharmAid Center
pfli at pfli.org
Tue Apr 15 16:25:53 MDT 2008
**
*
ONE COMMUNICATION FROM A PROPONENT OF THE BILL STATED TODAY (4/15/08)
THAT NO ONE HAS CONTACTED SEN. BEUHRER'S OFFICE AND THAT IS NOT TRUE;
THIS IS PFLI'S SECOND MAILING OF OUR DETAILED OBJECTIONS to SEN.
BEUHRER and MEMBERS OF THE COMMITTEE.....
SENS. GOODMAN and BEUHRER, KINDLY ENTER THIS AS WRITTEN TESTIMONY on SB
174 by:
*Bogomir M Kuhar, PharmD, BS Pharm, RPh, FASCP
Clinical Pharmacist Specialist
Executive Director
Pharmacists For Life International
PO Box 1281
Powell, OH 43065
Representing over 2000+ pro-life pharmacists and thousands of lay
supporters in the US and around the globe.
------------------------------------------------------------------------
PLEASE VOTE TO AMEND SB 174 AS SPECIFIED BELOW OR VOTE AGAINST THE BILL
AS PRESENTLY WRITTEN.
IT IS UNACCEPTABLE FOR ANYONE WHO WISHES TO CALL THEMSELVES "PRO-LIFE"
FOR THE VARIOUS REASONS STATED HEREIN:
*PharmFacts E-News Update -- 11 Apr 2008 AD #2
*
*ACTION: Senate Committee (Fortunately) Stalls Vote on Human Cloning*
April 11, 2008--Tuesday, April 8, 2008 Ohio's Ban on Human Cloning S.B.
174 was scheduled for third hearing and committee vote in the Senate
Judiciary Civil Justice Committee to determine passage to go to vote on
the floor of the Senate. _*This bill uses the same fake science*
_originally found in a UN resolution by Costa Rica afew years back, and
similar language has been added in so-called "cloning bans" in CO, SD
and, to an extent, the GA bill.
At this committee meeting, Dr Douglas A Kniss, PhD, director of
perinatal research, Department of Obstetrics and Gynecology at Ohio
State University was the lone presenter in opposition. He offered no
written testimony to the committee, said he came as an interested party,
and admitted he was not officially representing Ohio State University.
Even though S.B. 174 has been under review for a year, publicized, and
expert testimony of support presented without opposition, Kniss now
presented objections, admitting that he first heard about this
legislation late the night before and he had not read the bill itself.
Ohio Christian Alliance President, Chris Long, *who spearheaded work on
this bill *said, "It is quite unbelievable that Chairman Goodman gave
preferential treatment to this individual who came in at the eleventh
hour to offer such a reckless, haphazard testimony. In my seven years at
the Statehouse, I've never seen anything like it."
PFLI has contacted the Ohio CA with its concerns on the deficits of the
inappropriate terminology and definitions in the bill, but has not
received a reply to date.
*ACTION:* The Ohio Senate Judiciary Civil Justice Committee meets again
Tuesday, April 15, 2008 for possible vote on this bill. Please contact
committee members to AMEND this bill with scientifically correct
language that would provide protection for /*ALL baby humans regardless
how they come into existence*/ (artificial or natural means of any kind):
David Goodman <http://www.senate.state.oh.us/senators/bios/sd_03.html>,
Chair
Eric H. Kearney
<http://www.senate.state.oh.us/senators/bios/sd_09.html>, Ranking
Minority Member
Kirk Schuring <http://www.senate.state.oh.us/senators/bios/sd_29.html>,
Vice Chair
Teresa Fedor Steve Buehrer
<http://www.senate.state.oh.us/senators/bios/sd_01.html> Lance T. Mason
<http://www.senate.state.oh.us/senators/bios/sd_25.html> Keith Faber
<http://www.senate.state.oh.us/senators/bios/sd_12.html> Bill Seitz
<http://www.senate.state.oh.us/senators/bios/sd_08.html> Steve Stivers
<http://www.senate.state.oh.us/senators/bios/sd_16.html>
------------------------------------------------------------------------
*What follows is a copy of SB 174 and comments in RED on deficits in the
bill. These same deficits were shared with OCA and other supporting
groups previously, but no response has been received to date:*
http://www.legislature.state.oh.us/bills.cfm?ID=127_SB_174
OHIO GENERAL ASSEMBLY
*As Introduced*
*127th General Assembly*
*Regular Session*
*2007-2008*
*S. B. No. 174*
*Senator Buehrer *
*Cosponsors: Senators Carey, Coughlin, Gardner, Schuler *
* *
*
------------------------------------------------------------------------
*
*A BILL*
*To amend section 3701.99 and to enact section 3701.94 of the Revised
Code to prohibit human cloning.*
* *
*[[Doesn't specify if the prohibition applies only to the use of state
funds, or also applies to the use of private funds. Would need to see
the wording of the law they are amending. But as it stands with this
amendment alone, that would be good!]]*
*
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: *
*Section 1. That section 3701.99 be amended and section 3701.94 of the
Revised Code be enacted to read as follows:*
*_Sec. 3701.94. _*
*_(A) As used in this section:_*
*_(1) "DNA" means human deoxyribonucleic acid._*
* *
*[[True, but there is no futher reference in this bill's formal
definitions to any "DNA", so one wonders why it is even mentioned, much
less formally defined? Does it have anything to do with items in the
original law they are amending?? This is a worry. If they there define
"human genome" ONLY in terms of the nuclear DNA (which is erroneous),
then they would not have to address the problem with _foreign
mitochondrial DNA in the cloned embryo_ when using any nuclear transfer
cloning techniques, nor worry about any immune rejection problems in
patients into whom such cells were injected. The "human genome" is
accurately defined as including ALL the DNA in a cell, including both
the nuclear and the mitochondrial DNA.]]*
* *
*_(2) "Human blastocyst" means an early stage human embryo that is five
to seven days after _**_conception. _*
* *
* *
*[[ **_The bill fails to legally define "conception"_. So its legal
meaning is up for grabs. If "conception" means "fertilization", then
the bill does NOT apply to any human embryos reproduced by ANY asexual
methods -- and thus using these same embryos at ANY stage in research,
etc., would be legal. If "conception" means "implantation", then the
bill would NOT cover ANY human embryos before implantation, whether
sexually or asexually reproduced. Someone needs to check the original
law that this is amending, as well as any other law, code, or regulation
in Ohio, for any formal legal definitions there, including "conception". ]]*
* *
* *
*_A blastocyst has an outer layer of cells known as the trophoblast, and
an interior group of cells that is the inner cell mass._*
* *
*[[Note that there are TWO stages of the early human embryo that are
defined as "blastocysts": Stage 3 is called the "free blastocyst";
Stage 4 is called the "implanting blastocyst". Both Stages are found
both /in vivo/ (while the embryo is moving through the fallopian tubes)
and /in vitro/ (while the embryo is in the lab dish). This amendment is
vague as to whether both Stages are included in the term "blastocyst".
One worries about the "free blastocyst" -- both /in vivo/ and /in vitro/
-- as that would make such embryos vulnerable to any loopholes present
in this amendment.*
* Also, this description of the blastocyst was taken
advantage of by the McCormick/Grobstein "pre-embryo" people (and thus a
"fingerprint") to imply that ONLY the cells of the "inner cell mass" was
the "embryo"; the outer cell layer was considered as just a bunch of
cells. This is scientifically erroneous. The /combination of both
cells layers/ is the WHOLE embryo. Also, there is no clear divide
between the two layers of the embryo; there are exchanges of cells
between the two layers; thus some cells from the outer cell layer end
up in the human adult, and some cells from the inner cell layer become
part of the umbilical cord, etc. Again, why are they giving these
formal legal definitions here in this amendment, when there is no
further reference to them needed?]]*
* *
* *
*_(3) "Human cloning" means the creation of a human zygote, human
blastocyst, or human embryo by any means other than the fertilization of
a human egg by a human sperm._*
* *
*[[Sounds good, but ....*
*-- / "other than the fertilization of a human egg by a human sperm"/;
if "conception" means "implantation" [ e.g. as commonly referred to by
the "false science" of pro-abortion groups like ACOG, then this would
NOT legally apply to embryos before implantation, and thus the use of
such same embryos would be legal, as would the use of abortifacients, etc.*
*-- /"human zygote"/; according to the /Carnegie Stages/, the "embryo"
begins when the sperm penetrates the oocyte; the "zygote" refers only
to the last part of Stage One. Therefore, defining the earliest embryo
as beginning only at the zygote phase would leave the embryo before that
time. Such embryos would NOT be covered by this amendment. This would
include a lot of cloning and genetic engineering, e.g. pronuclei
transfer, insertion of artificial genes and chromosomes, etc.*
*-- /"human blastocyst"/; if this phrase refers only to the embryo at
Stage 4 (implanting blastocyst), then it would not legally cover the
embryo at Stage 3 (free blastocyst), either /in vivo/ or /in vitro/.]]*
* *
* *
*_(4) "Human embryo" means an organism of the species homo sapiens
during the earliest stages of development from one cell up to eight weeks._*
* *
*[[If by "one cell" they mean the "zygote", then the developing embryo
at Stage 1 before the final formation of the zygote is not covered by
this amendment, thus allowing all sorts of cloning and other genetic
engineering reproduction.]]*
* *
* *
*_(5) "Human zygote" means a one-cell human embryo._*
* *
*[[/Ibid./ The human embryo begins before the zygote phase, at
penetration of the oocyte by the sperm (or artificially, when the
"matter is appropriately organized").]]*
* *
* *
*_(B) Except as provided in division (C) of this section, no person or
governmental entity shall knowingly do any of the following:_*
* *
* *
*[[Precisely what is "provided in division (C)? Is this a problematic
"exception"? ]]*
* *
* *
*_(1) Perform or attempt to perform human cloning;_*
* *
* *
*[[Of course, this depends entirely on how "human cloning" is being
legally defined here (see above); also depends on formal legal
definitions used in the law being amended, as well as any formal legal
definitions of any of these terms in any other current laws, regulations
in Ohio -- including their legal definition of "conception".]]
*
**
* *
*_(2) Participate in the performance or attempted performance of human
cloning;_*
*_(3) Send or receive a human embryo that is produced by human cloning
or any product derived from that embryo._*
* *
* *
*[[Depends on how one is defining "human embryo" (e.g., would NOT
include the developing human embryo before the final zygote phase);
might NOT include the human embryo at the free blastocyst Stage, or
before implantation, etc.]]*
* *
*_
_*
*_(C) Nothing in this section shall restrict the areas of scientific
research that do not involve the creation or use of a human embryo
produced by human cloning or any product derived from a human embryo
produced by human cloning. _*
* *
*[[Again, depends on the definitions of relevant terms (above).]]*
* *
*_ _*
*_The areas of research that are not restricted by this section include,
but are not limited to, the use of nuclear transfer or other cloning
techniques to produce molecules, DNA, tissues, organs, plants, animals
other than humans, or cells other than human embryos._*
* *
* *
*[[This "exceptions" clause is usually used, but also contains several
potential legal loopholes. FYI, attached to this Update is an article
on how to write a human cloning ban which covers this "exception"
clause, available at:
**http://www.lifeissues.net/writers/irv/irv_87updatedefinitions.html.
Here are Prof. Irving's concerns as noted in that article:*
**
* *
9. The *"prohibition" or "exception" clauses* in legislation also
provide opportunities for loopholes. Many of them are caused by using
problematic terms as noted above -- especially: (1) the use of the
plural term *"cellS"* only, which would leave out of protection the
SINGLE CELL EMBRYO; and (2) the use of terms such as *"DNA
molecules"*, etc., which would allow the "parts" of the single-cell
embryo (e.g., genes, chromosomes, pronuclei, nuclei, mitochondria, etc.)
to be used in extensive genetic engineering research. Therefore the
terms used in these clauses must also be very carefully scrutinized
before legally "allowing" legitimate research to continue.
* *
*As has been pointed out, "cloning" is not the whole problem. Cloning
is only one kind of genetic engineering; there are many kinds of
genetic engineering that have already been used and that are already
contemplated that are "reproductive techniques".**
*
*Cf. see the article:
**http://www.lifeissues.net/writers/irv/irv_25scientificrefer1.html.
Many of the legal loopholes in such legislation concern those other
kinds of genetic engineering that are used as "reproductive
technologies", but not considered "cloning" as so defined in such bills.]]*
* *
* *
*Sec. 3701.99. (A) Whoever violates division (C) of section 3701.23,
division (C) of section 3701.232, division (C) of section 3701.24,
division (B) of section 3701.25, division (I) of section 3701.262,
division (D) of section 3701.263, or sections 3701.46 to 3701.55 of the
Revised Code is guilty of a minor misdemeanor on a first offense; on
each subsequent offense, the person is guilty of a misdemeanor of the
fourth degree.*
*(B) Whoever violates section 3701.82 of the Revised Code is guilty of a
misdemeanor of the first degree.*
*(C) Whoever violates section 3701.352 or 3701.81 of the Revised Code is
guilty of a misdemeanor of the second degree.*
*_(D) Whoever violates section 3701.94 of the Revised Code shall be
subject to the following:_*
*_(1) A term of imprisonment of not more than two years;
_*
**
* *
*[[Generally, the use of imprisonment or high fines in a bill signals
the court to pay more attention to the literal meaning of the formal
definitions used in a law, rather than to a more vague "interpretation"
of what was /possibly/ meant. Thus, this amendment, if passed into law,
would probably interpret the above definitions (as well as those of the
rest of the law which is being amended) precisely as formally defined --
thus NOT covering all sorts of things and possibilities.]]*
* *
* *
*_(2) If the offender derives pecuniary gain as a result of the
violation, a fine of not less than two hundred fifty thousand dollars
and not more than an amount equal to two times the amount of the gross
pecuniary gain if that amount is more than two hundred fifty thousand
dollars._*
*Section 2. That existing section 3701.99 of the Revised Code is hereby
repealed.*
------------------------------------------------------------------------
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