Section One: Definitions

• Human Embryo—The term “human embryo” means a distinct and living organism of the species homo sapiens conceived either in the human body or produced in an artificial environment other than the human body, from the moment of fertilization (including the single-celled stage) until natural death, including such embryos that are in a state of cryopreservation or are otherwise unused.
• Transfer—The term “transfer” means the process by which a medical professional places a fresh or frozen embryo within the uterus, fallopian tubes, or other part of a patient’s body for the purpose of initiating a pregnancy.
• Human Embryo Implantation—The term “human embryo implantation” means a human embryo has successfully attached itself to a patient’s uterine wall lining which marks the beginning of pregnancy.
• Assisted Reproductive Technology—The term “assisted reproductive technology” means any treatments or procedures that involve the handling of a human egg, sperm, and embryo outside of the body with the intent of facilitating a pregnancy, including artificial insemination, intrauterine insemination, in vitro fertilization, gamete intrafallopian fertilization, zygote intrafallopian fertilization, egg, embryo, and sperm cryopreservation, and egg, sperm, or embryo donation.
• Fertility Clinic—The term “fertility clinic” means a medical facility that is licensed, registered, or certified in accordance with the standards put forward by Federal or State laws or regulations and is responsible for the collection and preservation of human reproductive material (including egg, sperm, or embryos) responsible for the creation of human embryos, and/or the placement of human reproductive material (including egg, sperm, or embryo) into the prospective patient.
• Health Care Professional—The term “health care professional” means an individual licensed, registered, or certified under Federal or State laws or regulations to provide health care services.
• Human Reproductive Material—The term “human reproductive material” means all or any part of a sperm, ovum, or embryo at any stage of development.
• Prospective Patient—The term “prospective patient” means the patient who will undergo assisted reproductive technology treatments, including the transfer of human embryos for the purpose of initiating pregnancy.
• Infertility—The term “infertility” means a symptom of an underlying disease or condition within a person’s body that makes it difficult or impossible to successfully conceive and carry a child to term, which is diagnosed after 12 months of intercourse without the use of a chemical, barrier, or other contraceptive method for women under 35 or after 6 months of targeted intercourse without the use of a chemical, barrier, or other contraceptive method for women 35 and older, where conception should otherwise be possible.
• Cycle—The term “cycle” means a single procedure of in vitro fertilization, zygote intrafallopian transfer, gamete intrafallopian transfer, or egg retrieval. A complete cycle may only refer to egg retrieval if no eggs are fertilized and implanted into the patient or it may mean the complete process from egg retrieval to the transfer of human reproductive material.
• Egg Donor—The term “egg donor” means a person unrelated by marriage to the prospective parent(s) who provides or agrees to provide ovum for the purpose of human reproduction, regardless of if the recipient has a diagnosis of infertility.
• Sperm Donor—The term “sperm donor” means a person unrelated by marriage to the prospective parent(s) who provides or agrees to provide sperm for the purpose of human reproduction, regardless of if the prospective parent(s) has a diagnosis of infertility.
• Embryo Cryopreservation—The term “embryo cryopreservation” means that human embryos are frozen in an undisturbed environment for the purpose of saving these embryos for future procreative use.
• Informed Consent—The Term “informed consent” means written and verbal consent obtained from the prospective parent(s) by the fertility clinic, medical association, medical professional, gamete bank, gamete agency, or gamete donation clinic who handles human egg, sperm, or embryo.
• State Board—The term “state board” means the Arkansas Department of Human Services.
• Chimera—The term “chimera” means
  • A human embryo into which a nonhuman cell or cells (or the component parts thereof) have been introduced to render the embryo’s membership in the species Homo sapiens uncertain;
  • A human-animal embryo produced by fertilizing a human egg with nonhuman sperm;
  • A human-animal embryo produced by fertilizing a nonhuman egg with human sperm;
  • An embryo produced by introducing a nonhuman nucleus into a human egg;
  • An embryo produced by introducing a human nucleus into a nonhuman egg;
  • An embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form;
  • A nonhuman life form engineered such that human gametes develop within the body of a nonhuman life form;
  • A nonhuman life form engineered such that it contains a human brain or a brain derived wholly or predominantly from human neural tissues;
  • Nonhuman life form engineered such that it exhibits human facial features or other bodily morphologies to resemble human features; or
  • An embryo produced by mixing human and nonhuman cells, such that—
    • Human gametes develop within the body of the resultant organism;
    • It contains a human brain or a brain derived wholly or predominantly from human neural tissues; or
    • It exhibits human facial features or other bodily morphologies to resemble human features.

Section Two: Prohibition Section

Overview

This law should be adopted and enacted by the [Department], either within the existing [Act] or within another statute that ensures the best enforcement and data collection mechanisms for this law.

Section Three: Human-Animal Chimera Prohibition

• It shall be unlawful to:
  • Create or attempt to create a prohibited human-animal chimera;
  • Transfer or attempt to transfer a human embryo into a nonhuman womb;
  • Transfer or attempt to transfer a non- human embryo into a human womb; or
  • Transport or receive for any purpose a prohibited human-animal chimera.

Section Four: Penalty and Enforcement Clause

• Insert a strong enforcement mechanism including criminal and financial penalties for anyone who knowingly violates this law.

Section Five: Severability Clause

If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby.