LAWS & POLICIES

Federal funding for research involving human embryonic stem cells (hESCs) is permitted under specific guidelines. Following Executive Order 13505 in 2009, the National Institutes of Health (NIH) established criteria for hESC lines eligible for federal funding. Notably, while research on approved hESC lines can receive federal support, the derivation of new hESC lines using federal funds remains prohibited.

Legislation such as the Stem Cell Therapeutic and Research Act of 2005 and its subsequent reauthorizations have been enacted to support stem cell research and therapy, particularly focusing on bone marrow and cord blood transplantation.

Supportive States: States like California have proactively supported stem cell research. In 2004, California voters approved Proposition 71, establishing a constitutional right to conduct stem cell research and creating the California Institute for Regenerative Medicine to oversee funding and research activities

Restrictive States: Conversely, some states have enacted laws limiting or prohibiting certain types of stem cell research. For instance, states such as Arkansas, Indiana, Louisiana, Michigan, North Dakota, and South Dakota have laws that restrict the creation or destruction of human embryos for research purposes​

The judiciary also plays a role in regulating stem cell practices. In a notable case, the U.S. Court of Appeals for the Ninth Circuit ruled in favor of the FDA's authority to regulate stem cell therapies, reinforcing the agency's oversight over unproven treatments.​​