Planned Parenthood and Human Fetal Body Parts: Sections of Main Legal Document

Dianne N. Irving
copyright July 16, 2015
Reproduced with Permission

I. Introduction:

Most have already heard -- and seen at least part of -- the startling video taken by the Center for Medical Progress of Deborah Nucatola, MD, senior director of medical services at Planned Parenthood Federation of America. In that video she describes in nauseating detail the involvement of Planned Parenthood in carefully selecting and selling various types of dead human fetal body parts after performing their abortions on women. [See, e.g., American Life League's STOPP, "15 Years Later, Planned Parenthood still selling baby body parts", at: http://www.stopp.org/article.php?id=14913 ].

Given that most people are unfamiliar with the federal legal directives involving the use of human fetal tissue, or how to access those legal directives (which are almost illegible even if found), the purpose of this article is simply to copy below the main federal legal source involved: the 1993 National Institutes of Health Revitalization Act . Just knowing the details of two of the sections (Part II: Sections 111 and 112) of that Act will help clarify how egregious these Planned Parenthood activities truly are, and why Congress must step up to the plate and defund them. It would also seem that there are multiple legal precedents in the Act to prosecute them. The URL for the Act is provided so that these sections can also be seen within the context of the entire Act.

[Considerations of the rather jaded legal definitions of relevant scientific terms and other federal regulations and laws historically leading up to the 1993 NIH Revitalization Act can be found in Irving:

II. Short Summary of Sections 111 and 112:

Here are just a few of the important federal requirements in the Act that have serious implications for the woman aborting, for Planned Parenthood per se as well as for their attending ObGyn's and other physicians, for any researcher who is going to use such fetal tissue in his/her experiments, and for the person ("donee") into whom such tissue is going to be transplanted during those experiments. I'm sure other readers can find even more significant language in these Sections (and the entire Act):

  1. "Human fetal tissue" is defined as derived from both human embryos and human fetuses . [[According to the Carnegie Stages of Early Human Embryonic Development , in human sexual reproduction (fertilization), the Embryonic Period is from the beginning of the process of fertilization through 8 weeks post-fertilization; the Fetal Period is from the beginning of 9 weeks post-fertilization until birth. Thus such tissues and organs can be used even if derived from the early human embryo ? And by what "standards" is such a human embryo or fetus determined to be "dead" ?]]
  2. Such human fetal tissue can be used only for "therapeutic" purposes . [[Given that "research" can be either "therapeutic" or "experimental", does this mean that such tissue cannot be used for "experimental" research?]]
  3. Written and signed statements by the aborting mother , the attending physician , the principle researcher and the "donee" are required.
  4. The attending physician must also state in writing and signed that "(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 "; and, "(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, the abortion was performed in accordance with applicable State law ."
  5. The aborting woman's "informed consent" must include any knowledge of the attending physician's interest, if any, in the research to be conducted.
  6. The researcher who is to use the human fetal tissue in his/her experiments must inform (in writing and signed) whoever is going to have such tissues transplanted into him/her (the "donee") all the above "information" . The researcher must also document to the "donee" that he/she "has had no part in any decision as to the timing, method, or procedures used to terminate the pregnancy."
  7. It is unlawful to solicit or acquire, receive or accept a fetal tissue donation if the donation affects interstate commerce -- even if the tissue is obtained pursuant to an induced abortion .

III. The 1993 NIH Revitalization Act

http://history.nih.gov/research/downloads/PL103-43.pdf (pages 8 - 11; bolding and emphases added)

Part II, Sections 111 and 112 of the 1993 National Institutes of Health Revitalization Act, PUBLIC LAW 103-43-JUNE 10, 1993 107 STATUTES 130 and. 131

PART 11 - RESEARCH ON TRANSPLANTATION OF FETAL TISSUE

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:

"RESEARCH ON TRANSPLANTATION OF FETAL TISSUE

"SEC.4 98A.
(a) ESTABLISHMENT OF PROGRAM
"(b) INFORMED CONSENT of DONOR .
"(c) INFORMED CONSENT OF RESEARCHER and DONEE

In research carried out under subsection (a), human fetal tissue may be used only if the individual with the principal responsibility for conducting the research involved makes a statement, made in writing and signed by the individual , declaring that the individual-

"(d) AVAILABILITY OF STATEMENTS FOR AUDIT.
"(e) APPLICABILITY OF STATE AND LOCAL LAW.
"(f) REPORT.

The Secretary shall annually submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate , a report describing the activities carried out under this section during the preceding fiscal year, including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.

"(g) DEFINITION.

For purposes of this section, the term 'human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.".

SEC. 112. PURCHASE OF HUMAN FETAL TISSUE; SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.

Part G of title IV of the Public Health Service Act, as amended by section 111 of this Act, is amended by inserting after section 498A the following section:

"PROHIBITIONS REGARDING HUMAN FETAL TISSUE

"SEC. 498B.

(a) PURCHASE OF TISSUE.

It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce .

"(b) SOLICITATION OR ACCEPTANCE OF TISSUE AS DIRECTED DONATION FOR USE IN TRANSPLANTATION.

It shall be unlawful for any person to solicit or knowingly acquire, receive, or accept a donation of human fetal tissue for the purpose of transplantation of such tissue into another person i f the donation affects interstate commerce, the tissue will be or is obtained pursuant to an induced abortion , and-

"(c) CRIMINAL Penalties FOR VIOLATIONS.

"(d) DEFINITIONS.-For purposes of this section:

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