Obama Administration Releases Final Guidelines on Human Stem Cell Research; New Rules Will Allow Research on More Stem Cell Lines

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The Obama Administration released final guidelines governing human embryonic stem cell (hESC) research to implement the President’s March 9, 2009, Executive Order that will allow many of the approximately 700 existing cell lines to be eligible for federal funding. The guidelines establish policy and procedures under which the National Institutes of Health (NIH) will fund extramural stem cell research. The previous policy implemented by President George W. Bush had allowed federal dollars to pay for some stem research, but only for the 21 cell lines that had existed prior to August 2001. In the years since, scientists had learned to make better stem lines, but those did not qualify for federal funds.  

The final guidelines reflect several changes made in response to criticism by the scientific community, including ASH, that the rules the administration proposed in April – requiring that donors of fertilized eggs sign extensive consent forms – would have made even some of the stem cell lines approved by the Bush Administration ineligible for further funding.

Dr. Raynard S. Kington, acting director of NIH, said during press conference that older stem lines will be approved if they were created under conditions that met the spirit of the new rules. The crucial test will be whether the embryos used to create the stem cell lines were created solely for reproductive purposes and whether donors freely consented to their use in research.

The final guidelines stipulate that human stem cell lines created before July 7, 2009, may seek review by the Working Group of the Advisory Committee to the Director (ACD). The ACD, which is a chartered Federal Advisory Committee Act committee, will advise NIH on whether the core ethical principles and procedures used in the process for obtaining informed consent for the donation of the embryo were such that the cell line should be eligible for NIH funding. The guidelines specify that “this Working Group will not undertake a de novo evaluation of ethical standards, but will consider the materials submitted in light of the principles and points to consider in the Guidelines, as well as 45 C.F.R. Part 46 Subpart A. Rather than 'grandfathering,' ACD Working Group review will enable pre-existing hESCs derived in a responsible manner to be eligible for use in NIH funded research.” In addition, Dr. Kington has indicated that once the ACD established that the derivation procedure for any one stem cell line was consistent with the Guidelines, all the lines that used similar procedures could be eligible for expedited approval. He also said the NIH will maintain a list of all the approved stem cell lines on its Web site.

ASH applauds the NIH for issuing clear guidelines on research using human stem cells that will advance the field of biomedical research and provide more freedom for scientists to conduct research that could one day lead to better treatments for disease and injuries. ASH is particularly pleased that the final guidelines address the concerns expressed in its comments to the proposed rules earlier this year. The Society believes the new rules establish a pathway by which research on existing stem cell lines can finally advance with the full support of the federal government, as well as maintaining and updating a registry of NIH-approved stem cell lines.  The Society plans on continuing to work with the NIH as it periodically reviews and updates the guidelines as stem cell research progresses, particularly in the areas of somatic cell nuclear transfer and parthenogenesis.

ASH has long been active in supporting stem cell research and is a member of the Coalition for the Advancement of Medical Research, the nation’s most vocal proponent of the use of regenerative medicine to cure disease and alleviate suffering. The Society was one of the first physician organizations to support embryonic stem cell research. ASH strongly supports federal funding for all avenues of stem cell research under NIH federal research guidelines and with appropriate public oversight.

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