2017 US Code
Title 42 - The Public Health and Welfare
Chapter 6A - Public Health Service
Subchapter III - National Research Institutes
Part H - General Provisions
Sec. 289g-2 - Prohibitions regarding human fetal tissue
| 42 U.S.C. § 289g-2 (2017) |
| §289g–2. Prohibitions regarding human fetal tissue |
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(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 transplantationIt 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 if the donation affects interstate commerce, the tissue will be or is obtained pursuant to an induced abortion, and— (1) the donation will be or is made pursuant to a promise to the donating individual that the donated tissue will be transplanted into a recipient specified by such individual; (2) the donated tissue will be transplanted into a relative of the donating individual; or (3) the person who solicits or knowingly acquires, receives, or accepts the donation has provided valuable consideration for the costs associated with such abortion. It shall be unlawful for any person or entity involved or engaged in interstate commerce to— (1) solicit or knowingly acquire, receive, or accept a donation of human fetal tissue knowing that a human pregnancy was deliberately initiated to provide such tissue; or (2) knowingly acquire, receive, or accept tissue or cells obtained from a human embryo or fetus that was gestated in the uterus of a nonhuman animal. Any person who violates subsection (a), (b), or (c) shall be fined in accordance with title 18, subject to paragraph (2), or imprisoned for not more than 10 years, or both. With respect to the imposition of a fine under paragraph (1), if the person involved violates subsection (a) or (b)(3), a fine shall be imposed in an amount not less than twice the amount of the valuable consideration received. For purposes of this section: (1) The term "human fetal tissue" has the meaning given such term in section 289g–1(g) of this title. (2) The term "interstate commerce" has the meaning given such term in section 321(b) of title 21. (3) The term "valuable consideration" does not include reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue. |
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(July 1, 1944, ch. 373, title IV, §498B, as added Pub. L. 103–43, title I, §112, June 10, 1993, 107 Stat. 131; amended Pub. L. 109–242, §2, July 19, 2006, 120 Stat. 570.) |
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AMENDMENTS
2006—Subsec. (c). Pub. L. 109–242, §2(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 109–242, §2(1), (3), redesignated subsec. (c) as (d) and substituted "(a), (b), or (c)" for "(a) or (b)" in par. (1). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109–242, §2(1), (4), redesignated subsec. (d) as (e) and substituted "section 289g–1(g)" for "section 289g–1(f)" in par. (1). |
| United States Code, 2012 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER III - NATIONAL RESEARCH INSTITUTES Part H - General Provisions Sec. 289g-2 - Prohibitions regarding human fetal tissue |
| section 289g-2 |
| 2017 |
| January 12, 2018 |
| No |
| standard |
| 107 Stat. 131 120 Stat. 570 |
| Public Law 103-43, Public Law 109-242 |
