New Bill Could Strangle Fetal Tissue Research by Redefining 'Valuable Consideration'

The "Prohibiting Abortion Industry's Lucrative Loopholes Act" aims to tighten restrictions on transactions involving human fetal tissue. This bill, amending Section 498B(e) of the Public Health Service Act, significantly expands the definition of "valuable consideration" to encompass a wide array of financial and transactional activities, going far beyond a simple sale.

Redefining "Value" in Fetal Tissue Transactions

The core of this bill lies in its redefinition of what constitutes "valuable consideration" in the context of human fetal tissue. It now includes:

• Any payment or debt incurred, however small.
• Gifts, honorariums, or any form of recognized value.
• Waived, reduced, or delayed fees.
• Forgiven loans or debts.
• Transfer of items or services at below-market rates.
• Payments covering transportation, implantation, processing, preservation, quality control, or storage of the tissue (Section 2(F)).

Real-World Roadblocks for Researchers

This expanded definition could create significant hurdles for medical research. For example, if a university lab shares fetal tissue samples with another research institution and covers the shipping costs, that could now be considered "valuable consideration," potentially triggering legal penalties. Similarly, if a company provides tissue storage services at a reduced rate to a non-profit research group, that discount could be flagged under this new definition.

Chilling Effects and Unintended Consequences

By casting such a wide net, the bill may unintentionally criminalize standard practices in medical research. The broad language could create a chilling effect, discouraging institutions from engaging in fetal tissue research altogether due to fear of legal repercussions. This could slow down or even halt crucial research into diseases like Alzheimer's, Parkinson's, and various cancers, where fetal tissue plays a vital role in understanding disease mechanisms and developing potential treatments. The concern is that even minor, unintentional violations could lead to legal action, making the risks of conducting this type of research too great for many institutions.

Connecting the Dots to Existing Law

The bill directly amends Section 498B(e) of the Public Health Service Act, which already regulates the acquisition and transfer of human fetal tissue. This amendment significantly broadens the scope of what's considered illegal, potentially impacting a much wider range of research activities than the original law intended.