Sec. 498B. prohibitions regarding human fetal tissue

426 words·~2 min read·/statute-compilations/comps-77777777/sec-498b

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 498B prohibitions regarding human fetal tissue **[**289g–2**]** ###

(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 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. ###

(c)Solicitation or Acceptance of Tissue From Fetuses Gestated for Research Purposes 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. ###

(d)Criminal Penalties for Violations ####

(1)In general Any person who violates subsection (a), (b), or

(c)shall be fined in accordance with title 18, United States Code, subject to paragraph (2), or imprisoned for not more than 10 years, or both. ####

(2)Penalties applicable to persons receiving consideration 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. ###

(e)Definitions For purposes of this section: ####

(1)The term “**human fetal tissue**” has the meaning given such term in section 498A(g). ####

(2)The term “**interstate commerce**” has the meaning given such term in section 201(b) of the Federal Food, Drug, and Cosmetic Act. ####

(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.