§ 9 — Biomedical research advisory council; membership and duties

Section 9. (a) There shall be a biomedical research advisory council. The council shall consist of 15 members, 1 of whom shall be the secretary of health and human services, or his designee; 1 of whom shall be the commissioner of public health, or his designee; 1 of whom shall be a scientist designated by the dean of the University of Massachusetts Medical School, who shall have experience in biomedical research in the field of cell differentiation, nuclear programming, tissue formation and regeneration, stem cell biology, developmental biology, regenerative medicine or a related field; 1 of whom shall be a physician licensed to practice in the commonwealth who shall be appointed by the governor; 1 of whom shall be designated by the dean of the University of Massachusetts Medical School who shall have experience in medical ethics; 4 persons to be appointed by the president of the senate, 1 of whom shall be a scientist with experience in biomedical research in the field of cell differentiation, nuclear programming, tissue formation and regeneration, stem cell biology, developmental biology, regenerative medicine or a related field; 1 of whom shall be a physician licensed to practice in the commonwealth; 1 of whom shall have experience in medical ethics; and 1 of whom shall be a member of the Massachusetts Bar with a background in legal issues related to biotechnology, stem cell research, in vitro fertilization or health law; 1 person to be appointed by the minority leader of the senate who shall be a member of the public; 4 persons to be appointed by the speaker of the house, 1 of whom shall be a scientist with experience in biomedical research in the field of cell differentiation, nuclear programming, tissue formation and regeneration, stem cell biology, developmental biology, regenerative medicine or a related field; 1 of whom shall be a member of the Massachusetts Bar and have a background in legal issues related to biotechnology, stem cell research, in vitro fertilization or health law; 1 of whom shall be a representative of the Biotechnology Center of Excellence Corporation, and 1 of whom shall be a person with a background in economic development; 1 person to be appointed by the minority leader of the house who shall be a member of the public. In making appointments pursuant to this section the appointing authorities shall give due consideration to the ethnic and racial composition of the council.(b) The council shall make recommendations to the general court and the governor regarding proposed changes to this chapter, or any other chapter of the General Laws, or any regulations promulgated pursuant thereto, necessary to promote biotechnology in the commonwealth.(c) The council shall investigate the implementation of this chapter and the conduct of research, including but not limited to, issues relative to the age, race, ethnicity and insurance status of the donor. The investigation shall also include an analysis of ways to encourage disproportionately impacted populations' participation in, and benefit from, research conducted pursuant to this chapter. Nothing in this section shall authorize the council to obtain individually identifiable patient or donor study participant information.(d) The council shall submit an annual report of its findings, conclusions, proposals and recommendations as provided in subsections (b) and (c) not later than December 31. The report shall also include an update on the current state of pre-implantation embryo research relating to human embryonic stem cell research in the commonwealth. The report shall be submitted to the governor, the president of the senate, the speaker of the house, the house and senate chairs of the joint committee on economic development and emerging technologies, the clerk of the senate and the clerk of the house.(e) The council shall meet periodically, but not less than twice each year. All meetings shall be public.(f) The council shall keep a public record of all meetings, votes and other business.(g) Members of the council shall be appointed for terms of 3 years or until a successor is appointed. Members shall be eligible to be reappointed and shall serve without compensation. A chairman of the council shall be elected annually from the membership. The department shall provide administrative support to the council as requested.(h) In the event of a vacancy on the council, the original appointing authority shall, within 60 days of the occurrence of a vacancy, appoint a new member consistent with subsection (a) to fulfill the remainder of the unexpired term.(i) The council shall not be a state agency for the purposes of chapter 268A.