04-14-2001
HEALTH: An Early Test of White House Views
President George Bush's views on cloning and embryo research may be
indicated by his stance on a new medical-research directive issued quietly
in the final days of the Clinton Administration. The new rule-45 CFR Part
46; Protection of Human Research Subjects-has already drawn fire from
anti-abortion Republicans, including Rep. Joseph R. Pitts, R-Pa. The Bush
Administration is now reviewing it.
The Health and Human Services Department's rule, published on Jan. 17, was
designed to encourage greater participation by pregnant women in medical
studies funded by the federal government. The rule allows a pregnant woman
to volunteer for a study without the father's consent. Advocates say this
would increase the pool of women available for medical testing of
commonplace drugs that pregnant women might use. Many pregnant women are
now disqualified from studies because they have had sexually transmitted
diseases, are drug-addicted, or do not know the father's identity or
whereabouts and therefore cannot get his permission. Anti-abortion
lawmakers, however, are suspicious of this regulation because it seems to
be giving too much choice to the woman alone about what happens to her
fetus.
On the other hand, another part of the new rule would tighten regulations
for medical research performed on newborns, aborted fetuses, or fetuses
that although delivered, are not "viable," as determined by a
doctor. While allowing waivers, the rule says that "viable fetuses
... after delivery" cannot be used for research purposes unless the
experiment has the potential to benefit that individual child, and both
parents consent-unless one parent is incommunicado. In all experiments on
"nonviable fetuses ... after delivery" or on "fetuses of
uncertain viability," researchers must not artificially extend the
life of the fetus after delivery, nor can researchers have had a role in
paying for the abortion.
The measure has elicited some concern from abortion-rights advocates,
including Jaydee Hansen, assistant general secretary of the United
Methodist General Board of Church and Society. His concern is that the new
regulation may put more of the research burden on poor pregnant women. On
the anti-abortion side, Richard Doerflinger, who heads the secretariat for
pro-life activities at the National Conference of Catholic Bishops, says
the new rules omit earlier protections adopted by Congress, including a
1995 law requiring that fetuses about to be aborted receive the same
protections from researchers as those given to a legal child.
National Journal