Page:United States Statutes at Large Volume 107 Part 1.djvu/155

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PUBLIC LAW 103-43—JUNE 10, 1993 107 STAT. 129 nature of the research involved is such that it is unethical to conduct or support the research.". PART II—RESEARCH ON TRANSPLANTATION Abortion OF FETAL TISSUE women SEC. 111. ESTABLISHMENT OF AUTHORITIES. Part G of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498 the following section: " R ESEARCH ON TRANSPLANTATION OF PETAL TISSUE "SEC. 498A. (a) ESTABLISHMENT OF PROGRAM.— 42 USC 289g-i. "(1) IN GENERAL.— The Secretary may conduct or support research on the transplantation of human fetal tissue for therapeutic purposes. "(2) SOURCE OF TISSUE. —Human fetal tissue may be used in research carried out under paragraph (1) regardless of whether the tissue is obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth. "(b) INFORMED CONSENT OF DONOR.— "(1) IN GENERAL.—In research carried out under subsection (a), human fetal tissue may be used only if the woman providing the tissue makes a statement, made in writing and signed by the woman, declaring that— "(A) the woman donates the fetal tissue for use in research described in subsection (a); "(B) the donation is made without any restriction regarding the identity of individuals who may be the recipients of transplantations of the tissue; and "(C) the woman has not been informed of the identity of any such individuals. "(2) ADDITIONAL STATEMENT.— In research carried out under subsection (a), human fetal tissue may be used only if the attending physician with respect to obtaining the tissue from the woman involved makes a statement, made in writing and signed by the physician, declaring that— "(A) in the case of tissue obtained pursuant to an induced abortion— "(i) the consent of the woman for the abortion was obtained prior to requesting or obtaining consent for a donation of the tissue for use in such research; "(ii) no alteration of the timing, method, or procedures used to terminate the pregnancy was made solely for the purposes of obtaining the tissue; and "(iii) the abortion was performed in accordance with applicable State law; "(B) the tissue has been donated by the woman in accordance with paragraph (1); and "(C) full disclosure has been provided to the woman with regard to— "(i) such physician's interest, if any, in the research to be conducted with the tissue; and "(ii) any known medical risks to the woman or risks to her privacy that might be associated with the donation of the tissue and that are in addition