533553288 2/17/2016 3:26 AM STEM CELL POLICY: WHERE DO WE DRAW THE LINES? LORI P. KNOWLES* It should be recalled that the purpose of bioethics is not to ban upfront scientific advances, particularly in the field of medicine, but to define the limits of the socially desirable and ethically permissible. –Bioethics Advisory Committee of Israel National Academies of Sciences and Humanities Excitement about possible new life-saving treatments in medicine has not abated since the announcement of the isolation of human embryonic stem cells (hESC) and human embryonic germ cells.1 While stem cell research continues in mouse embryo models and more recently, in human embryo models, nations around the globe have struggled to develop policy that will allow the science to proceed while respecting the values each society holds dear. Finding the balance between these two goals requires transparent and controversial political debate. A survey of selected regulatory responses around the world reveals that while there are a number of policy alternatives for regulating human embryonic stem cell research, the resulting regulatory patchwork continues to evolve.2 hESC research requires the destruction of human embryos to isolate the stem cells from the inner cell mass. For this reason hESC research involving the derivation of stem cells is properly understood as a form of human embryo research. International human embryo research policies vary greatly from nation to nation. This variation also applies to international hESC policies. Concerns about the acceptability and * 1. 2. Lori P. Knowles is a Research Associate of the Health Law Institute, University of Alberta, Canada. She holds law degrees from Canada, the United Kingdom, and the United States. James A. Thomson et al., Embryonic Stem Cell Lines Derived from Human Blastocysts, 282 SCI. MAG. 1145-47 (1998). See generally Lori P. Knowles, A Regulatory Patchwork—Human ES Cell Research Oversight, 22 NATURE BIOTECHNOLOGY 157 (Feb. 2004). 623 533553288 624 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 permissibility of hESC research fall into three distinct but related areas. The first issue is whether to allow the derivation of hESC from human embryos. Countries that prohibit all human embryo research such as Ireland, Austria and Norway also prohibit hESC research in totality. These nations draw the logical line from their ethically-based objections to human embryo research to the prohibition of hESC research. A second issue is whether to allow the derivation of hESC from surplus in vitro fertilization (IVF) embryos or from embryos created using cloning technology. Research on hESC using cloning technology would be useful in fulfilling the promise of autologous transplantation (transplantation using tissues created with a patient’s own DNA to prevent “rejection” phenomenon) that is often touted as the central benefit of hESC research. A minority of countries allow this technology including the United Kingdom, Belgium, South Korea and China. Countries that permit the derivation of hESC from surplus embryos created by IVF for reproductive projects but prohibit the creation of chimeras by cloning include Canada, Australia, Spain, Finland and the Netherlands, among others. The third issue is whether any research on the hESC lines themselves is permitted, even if derivation is not. Countries such as Germany and France (until new legislation comes into effect later this year) do not permit the derivation of hESC but permit the importation of cell lines derived in other countries. The United States has a complicated stem cell policy that forbids the use of federal funds on derivation of stem cells, but permits the use of those funds for research on cell lines derived before August 9, 2001.3 While the policy initially anticipated that there were upwards of sixty stem cell lines, it now appears that there may be fewer than twenty viable cell lines for research many of which are not suitable for clinical applications.4 In the United States the private sector can conduct embryo research and, therefore, hESC research, subject only to state legislative restrictions such as exist in Louisiana and Florida.5 More recently, in response to growing frustration with federal funding restrictions states such as California and New Jersey have passed laws funding and/or encouraging stem cell research. Other states such as Wisconsin, Maryland, New York and 3. 4. 5. Id. NAT’L INSTS. OF HEALTH, Stem Cell Information: NIH Human Embryonic Stem Cell Registry, at http://stemcells.nih.gov/research/registry/PDFs/AvailableLines.pdf (last modified Nov. 15, 2004); Elias Zerhouni, Stem Cell Programs, 300 SCI. MAG. 911 (May 9, 2003); Andis Robeznieks, Embyronic Stem Cell Line Found to be Contaminated, AM. MED. NEWS, Feb. 14, 2005, available at http://www.amaassn.org/amednews/2005/02/14/prsd0214.htm. FLA. STAT. ANN. § 390.0111(6) (1999); LA. REV. STAT. ANN. §§ 9:122-133 (2004). 533553288 2005] 2/17/2016 3:26 AM STEM CELL POLICY 625 Massachusetts are moving forward on similar initiatives. Two challenges for a state-based funding of hESC research are how to institutionalize similar standards and how to balance scientific and ethical issues effectively. In summary, there are a number of stem cell policy options:6 1. Prohibit embryo research (and hESC research); 2. Prohibit derivation of hESC but permit importation of stem cell lines; 3. Permit use of certain cell lines (up to certain dates); 4. Permit hESC research with surplus IVF embryos; or 5. Permit hESC research with surplus embryos and with cloned embryos. Not included in this list are the policy choices of a number of countries that lie between these lines such as current policy in the United States. Additionally, a number of countries including Israel and India have official embryo research policies that are stricter than either opinions expressed by official expert bodies or than the science conducted in those countries would indicate.7 Official rules and unofficial practices continue to evolve and change.8 I. HESC RESEARCH AND HUMAN EMBRYO RESEARCH REGULATION Thinking more broadly about implementing hESC policy it is important to recall that hESC research falls into the embryo research context. The most informative discussion revolves around how embryo research is regulated internationally. There are a number of options for human embryo research. These options include non-legislative regulation that relies on ad hoc judicial precedent and regional or local regulation of research protocols through institutional review boards. Practice guidelines are another policy vehicle and allow professional self-governance to regulate standards in the field. In this area the International Society for Stem Cell Research (ISSCR) is working on developing ethical standards for stem cell use. Additionally, it is possible to use guidelines for standard setting in the context of a national regulatory scheme. So, New Zealand recently passed the Human Assisted Reproductive Technology Act 2004,9 6. 7. 8. 9. Cf. LeRoy Walters, Human Embryonic Stem Cell Research: An Intercultural Perspective, 14 KENNEDY INST. OF ETHICS J. 3 (Mar. 2004). BIOETHICS ADVISORY COMM., ISRAEL ACAD. OF SCIS. & HUMANITIES, THE USE OF EMBRYONIC STEM CELLS FOR THERAPEUTIC RESEARCH 23 (Aug. 2001), available at http://www.academy.ac.il/bioethics/PDF/Embryonic_Stem_Cells.pdf. An excellent resource is compiled by William Hoffman and is available at http://www.mbbnet.umn.edu/scmap.html (last updated Feb. 23, 2005). Human Assisted Reproductive Technology Act of 2004 (N.Z.), Pub. Act No. 92 533553288 626 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 which provides for an Advisory Committee to issue guidelines that will guide the approvals of research that come before an Ethics Committee.10 These guidelines function more like regulatory strictures but leave discretion about individual protocols to the ethics body. Increasingly, countries are attempting to create statute-based regulatory schemes that regulate either the entire assisted reproductive technology (ART) enterprise or large portions of it. A number of these national regulatory schemes are modeled on the UK’s Human Fertilisation and Embryology Act of 1990,11 the first comprehensive ART legislation of its kind. That act creates a regulatory scheme that regulates activities pertaining to the use, storage, and creation of chimeras used in both treatment and research. Certain activities are prohibited, including reproductive cloning, and others are controlled activities that may only be conducted pursuant to a license. The act creates a central non-departmental governing body, the Human Fertilisation and Embryology Authority (HFEA). The HFEA is responsible through several committees for granting licenses, carrying out inspections and monitoring licensees, maintaining an information registry of ART related births and patients, making policy when faced with novel licensing applications, and communicating with practitioners and the public.12 The wording of the U.K. legislation was initially too narrow to cover applications for embryo research deriving hESC to explore their therapeutic properties. In response to the potential hESC research holds, the U.K. Parliament broadened the HFEA’s enabling legislation through an amendment to its regulations. The amendment extended the HFEA’s mandate to research for the purposes of developing treatments for diseased or damaged tissues.13 In so doing, the act explicitly envisaged the possibility of approval of research projects using cloning technology (called cell nuclear transfer in the United Kingdom) to create embryos for research purposes. This last addition to the act was especially controversial. It was thought important to clearly prohibit reproductive cloning although this was already in the act, so the Human Reproductive Cloning Act 2001 10. 11. 12. 13. (2004), available at http://www.lexisnexis.com.au/nz/products/bulletins/legislation/ 2004x092.txt. Id. Human Fertilisation and Embryology Act, 1990, ch. 37 (Eng.), available at http://www.hmso.gov.uk/acts/acts1990/ukpga_19900037_en_1.htm. See HUM. FERTILISATION & EMBRYOLOGY AUTH., Frequently Asked Questions, at http://www.hfea.gov.uk/AboutHFEA/FAQs (last visited Feb. 16, 2005). Statutory Instrument 2001 No. 188. The Human Fertilisation and Embryology (Research Purposes) Regulations 2001, available at http://www.hmso.gov.uk/si/ si2001/20010188.htm. 533553288 2005] 2/17/2016 3:26 AM STEM CELL POLICY 627 was also passed by Parliament.14 To date there have been two licenses awarded for research cloning, the latest of which was awarded to Roslin Institutes where Dolly the sheep was cloned.15 Several other countries have recently enacted embryo research regulation because the therapeutic possibilities that may flow from hESC research have helped galvanize or reshape efforts to create ART policy. This is the case for France, Australia, New Zealand and Canada.16 While Canada, New Zealand and France’s legislation differ in some respects, they are each clearly modeled on the U.K. legislation. Unlike these other statutes, Australia’s embryo research statute deals only with research on surplus IVF embryos and does not govern other ART activities. While differences abound between human embryo and hESC policy initiatives, there are a number of common guiding principles that frame policy in this area and there is significant harmonization of prohibited activities and controls on uses of human embryos in research. Most every region with ART regulation has struggled to develop clear policies with respect to embryo research and in many cases the road to policy implementation has been long and tortuous. The question of whether to permit embryo research is characterized everywhere by a tension between the desire for therapeutic benefits derived from that research and the need to prevent unacceptable uses of human embryos. The move toward internationally accepted norms will likely continue as the validity and reputation of human embryo research depends on the standards under which it is performed. Countries in which there is little formal regulation of embryo research, such as China, often face an uphill battle gaining recognition and respect for their research results. In addition, as research is increasingly conducted in multicenter trials and with international cooperation, harmonization of standards becomes increasingly important and part of the regulatory landscape. II. COMMON PRINCIPLES, RESTRICTIONS AND PROHIBITIONS IN HESC POLICY The task of developing policy in the area of hESC research is fraught with difficulty in large part due to the great diversity of opinions on the moral status of the human embryo.17 The determination of moral status 14. 15. 16. 17. Human Reproductive Cloning Act, 2001, c. 23 (Eng.) (prohibiting human reproductive cloning from occurring in the United Kingdom), available at http://www.legislation.hmso.gov.uk/acts/acts2001/20010023.htm. Britain Grants ‘Dolly’ Scientist Cloning License, N.Y. TIMES, Feb. 9, 2005, at A6. Bill C-6, Assisted Human Reproduction Act, 37th Parliament, 3d Sess. (Can. 2004), available at http://laws.justice.gc.ca/en/A-13.4/notinforce.html. It is important to note, however, that this is not the only ethical issue involved. Issues 533553288 628 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 requires certain responses to questions about the permissibility, restrictions and prohibitions of and on embryo research. Despite cultural, social and religious differences within and among the nations examined, it is possible to find significant overlap in guiding principles, conditions under which research may be conducted and in the prohibited uses of embryos. A central finding from public consultation about embryo research is that there is a lack of consensus on the moral status of human embryos and therefore, the protections that should be afforded them.18 Scientific tools cannot resolve this seemingly threshold issue however; a majority of nations adopt a position that elects to permit embryo research within limits. This approach balances the scientific, medical and moral costs of not pursing embryo research with the moral cost of permitting such research. While a decision to pursue embryo research within limits is often cast as a compromise, it is actually a choice to reject the position that human embryos have the same status and rights of full human beings. Countries that prohibit embryo research choose to imbue embryos with the same rights to protection against harmful research as are enjoyed by full human persons. In those countries in which embryo research is permitted, diverse nations adopt common principles to guide the formation of embryo research regulation. Chief among these is respect for human life and dignity. The concept of human dignity is widely accepted and understood outside the United States, but remains controversial in this country as it is surprisingly hard to define.19 Despite U.S. resistance to the adoption of this concept and a corresponding resistance to formalizing the language of human rights, respect for human dignity informs other widely shared principles such as non-commercialization of reproduction.20 This principle is part of the Canadian, Australian and continental European approach to reprogenetic technology applications. By contrast, the United States has an embedded tradition of commercialization. This applies to many realms of 18. 19. 20. of access to potential benefits from hESC research are also of significance. See, e.g., Ruth R. Faden et al., Public Stem Cell Banks: Considerations of Justice in Stem Cell Banks and Therapy, HASTINGS CTR. REP., Nov.-Dec. 2003, at 13. See generally Royal COMMISSION ON NEW REPRODUCTIVE TECHNOLOGIES, PROCEED WITH CARE: THE FINAL REPORT OF THE ROYAL COMMISSION ON NEW REPRODUCTIVE TECHNOLOGIES (Canadian Gov’t Publ’g 1993); DEP’T OF HEALTH & SOCIAL SECURITY, REPORT OF THE COMMITTEE OF INQUIRY INTO HUMAN FERTILISATION AND EMBRYOLOGY (Her Majesty’s Stationary Office, London 1988). Timothy Caulfield, Human Cloning Laws, Human Dignity and the Poverty of the Policy Making Dialogue, BMC MED. ETHICS (July 29, 2003), at http://www. biomedcentral.com/1472-6939/4/3. See Lori P. Knowles, The Lingua Franca of Human Rights and the Rise of a Global Bioethic, 10 CAMBRIDGE Q. HEALTHCARE ETHICS 253, 256 (2001). 533553288 2005] 2/17/2016 3:26 AM STEM CELL POLICY 629 human reproduction, from sales of ova and commercial surrogacy, to sales of gender selection technologies and parental DNA testing. Restrictions on commercialization in the United States are viewed with suspicion as is much government regulation. Current government restrictions on funding of hESC research continue to be controversial.21 Other guiding principles include: Ensuring high quality medical treatments; respect for free and informed consent; minimizing harms and maximizing benefits from reproductive medical interventions; relief of human suffering; freedom of scientific research; the promotion of health and well-being of women and children; and in the case of hESC research, access to benefits from that research. How one balances these principles in designing specific embryo and hESC research legislation is the heart of the challenge in creating hESC policy. Finding that balance is particularly challenging as some guiding principles point in different directions with respect to the strengths of constraints that should be placed on both scientific investigation and market exploitation of benefits flowing from hESC research. For example, respect for scientific freedom and the relief of human suffering suggest policy initiatives in which constraints on developing treatments or applications of stem cell science should be applied in the least invasive way. A principle of non-commercialization, however, mandates strict limitation on market exploitation, particularly of health benefits that flow from hESC research. Despite differing emphasis on principles that should guide regulation of this research there is widespread agreement that some regulation is needed. What remains controversial is what the scope and content of that regulation should be. Although there is no consensus about the moral status of the embryo, there is agreement that if embryo research is permissible limitations are necessary. Such limitations are a means of addressing concerns about inappropriate uses of embryos in research. Legislated limits represent an acknowledgement that public fears about abuses are respected and recognition that human embryos are distinct from other human tissue—a distinction that merits special treatment. Support for oversight of embryo research is in part a desire to ensure that objectionable scientific research is not being conducted out of sight. Many of the fears about abuse in embryo research are widely shared and have resulted in considerable consensus about what uses should be prohibited. There is less consensus, although some commonality about the limitations that should be imposed on the use of human embryos in order to strike a balance between allaying public concerns, promoting beneficial research and respecting the connection 21. Address to the Nation on Stem Cell Research, 2 PUB. PAPERS 953 (Aug. 9, 2001), available at http://www.whitehouse.gov/news/releases/2001/08/20010809-2.html. 533553288 630 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 between human embryos and the rest of the human community. Limitations commonly imposed on those using human embryos in research include the need to obtain specific informed consent from the sources of the gametes or embryos. This has been suggested with reference to hESC research as it is not related to the reproductive or medical treatment of the source(s). Securing such consent respects personal wishes about disposition, or attachments to the embryo that may be deeply held. Given the possible choices for dispositions of gametes and embryos— including donation, indefinite storage, destruction and adoption—consent to use in research, including disclosure of the nature of that research, is appropriate. Other common limits on embryo use in research include restrictions on the time during which an embryo may be used in research (generally not after fourteen days, not including time in cryopreservation) and peer review to determine whether use of embryos in a particular protocol is both necessary and appropriate. For example, if the experiment can be conducted using animal models, human embryos should not be used. Most ART policy, even in very laissez-faire systems still incorporates protocol review. The more decentralized the policy, the greater the likelihood that protocol review will be local rather than national. Of course, the existence of regulatory oversight itself also represents a limit on the use of human embryos in research. One limit about which there is disagreement is the need to limit the use of embryo research, and hESC research, to those embryos that are surplus to reproductive projects—surplus IVF embryos created in pursuit of infertility treatment. Many countries limit embryo research to only those embryos.22 As much of the potential benefit of hESC research is from the ability to create embryos using cloning technology in order to enable autologous transplantation, the issue over creation of chimeras for research purposes is a major dividing line among countries with hESC policy. The primary objection to creating embryos specifically for research is based on both the intentions of the person creating the embryo and the corresponding chance that the embryo might be implanted. Objections to the creation of chimeras for research appeal to notions of respect for human dignity and avoidance of instrumental use of human embryos. Some believe that the creation of chimeras without the intention of implantation 22. This is clearly the case in Canada, France, Australia, and the seventeen European countries that have ratified the Council of Europe Convention on Human Rights and Biomedicine. Council of Europe, Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine: Convention on Human Rights and Biomedicine, Jan. 12, 1998, 36 I.L.M. 817, 821, available at http://conventions.coe.int/Treaty/en/Treaties/Html/168.htm. 533553288 2005] 2/17/2016 3:26 AM STEM CELL POLICY 631 does not adequately respect the potential in the human embryo or the connection to the rest of the human community. The other side of the argument does not accept the difference between creating embryos for the purposes of reproduction and creating them for research, as in the former situation there is still a significant chance that the embryos will not be implanted. As this is becoming a major issue in the regulation of hESC research, particularly with respect to creation by means of cloning technology (research cloning), there are a few points to keep in mind. First, the creation of chimeras may be crucial to conducting certain important research, such as research on certain disease models.23 Second, as techniques for IVF improve, it is possible that in the future the need to create surplus embryos will be significantly reduced or even eliminated; one of the frequently approved uses of embryo research is the improvement of IVF techniques. Alternatively, if the research supply is limited to surplus embryos from IVF, two other results are possible. First, in light of the tremendous interest in hESC research, there is little doubt that demand for embryos and ova for research will increase. Increased demand will only augment incentives for infertility clinics and researchers to ensure that a supply of ova is available. This is particularly true where physicians and clinics are conducting embryo research themselves, and if ova and embryos can be bought and sold between clinics and research institutions. Clearly, one solution to this last issue is to institute clear conflict of interest guidelines that ensure that infertility clinics cannot benefit financially for providing surplus embryos to other researchers. There are a number of safeguards that impose distance between scientific benefit, procurement and consent procedures with respect to tissue collection and use in research.24 These might provide a good template for policy development in this area. Demand for ova or embryos could translate into pressure on women undergoing IVF to “donate” ova or embryos specifically for research when undergoing infertility treatments. Relationships between doctors and patients are notoriously prone to imbalances in power, and this is especially true in infertility clinics. Mix in a real desire and enthusiasm for research 23. 24. Mark Henderson, Stem Cell Bank Gives New Hope to Victims of Inherited Disease, THE TIMES (London), Feb.15, 2005, at 11, available at http://www.timesonline.co.uk/ article/0,,8122-1484657,00.html. See, for example, protections on fetal tissue transplantation research prohibiting directed donation and setting up a scheme to manage conflicts of interest. See Regulations for the Protections of Human Subjects, 45 C.F.R. §§ 46.101-46.409 (2004); see also National Institutes of Health Revitalization Act of 1993, Pub. L. 10343, §§ 111, 112, 107 Stat. 122 (1993) (amending Public Health Service Act, 42 U.S.C. § 289g-1, 289g-2). 533553288 632 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 that will alleviate infertility issues on the part of the clinician researcher and a desire to be a compliant and agreeable patient and it may not seem possible to refuse consent to obtain extra ova or embryos for research. Unfortunately, while it might be tempting to regulate a maximum number of embryos that can be created, or ova that can be retrieved, this would not benefit the many women who try to get pregnant through several cycles of IVF. In fact, such a maximum could increase the number of surgeries women would need to retrieve ova for subsequent treatments of IVF. In light of the foregoing, a country attempting to draft ART regulation ought to consider endorsing the use of spare embryos where possible and to permit the creation of chimeras for research, where research is dependent on that creation to achieve its objectives, or in situations in which access to spare embryos is not possible. This does not fully address the concerns over possible coercion of infertility patients; these concerns require greater analysis and specific guidelines or recommendations. While limits on the use of embryos in research differ to greater and lesser degrees, there are several commonly prohibited practices. The chief challenge in defining prohibited practices is the more comprehensive the list of prohibited activities, the more difficult it is to get public and political agreement. For this reason, it is tempting to draft a response to a particular practice on which there is widespread agreement about its prohibition. Although it is generally easier to get agreement with respect to a specific technique, this leads to a regulatory patchwork with respect to different technologies that does not aid the development of comprehensive, dynamic, adaptive regulation of a field of scientific endeavor. In a controversial area such as restricting options for human reproduction, international condemnation for the practice and research on human reproductive cloning stands as one of two examples of international accord. There is agreement that the practice of reproductive cloning should not only be prohibited, but criminalized in most nations. Similarly, the implantation of human/animal chimeric embryos has been universally condemned. One area in which there is disagreement between Europe and North America on one hand and Asia on the other is the acceptability of creating animal human chimeric embryos. South Korea and China have used mouse and rabbit ova and human sperm to create embryos that can be used in stem cell research. This would be unacceptable in most other countries in which there is human embryo regulation. Other prohibited practices include the introduction of inheritable genetic modifications (also known as germ line interventions) and the use of fetal eggs. Outside the United States, non-commercialization of human reproduction is a recognized norm, as is the prohibition on the use of genetic sex selection for non-medical purposes. 533553288 2005] 2/17/2016 3:26 AM STEM CELL POLICY 633 III. CONCLUDING CONSIDERATIONS FOR POLICY-MAKERS Given the areas of consensus on guiding principles, research restrictions and prohibited activities, there are many options to consider when framing hESC policy. It should be noted, however, that the exercise is fraught not only with political challenge, but also with financial and structural challenges. Creating a policy that attempts to monitor and regulate the use of human embryos in hESC research requires substantial commitment of political will, financial resources and forethought about setting up complementary and supporting infrastructure. These considerations are consistent regardless of the policy-making venue, be it federal or state. Where a licensing scheme is part of hESC research oversight it is necessary not only to create a licensing board but also to provide that board with the ability to conduct inspections, audits, revocations and suspensions. Ancillary information systems are also needed to ensure confidentiality of donor information and track embryos and cell lines, as well as outcomes for any patients ultimately used in research protocols. HESC policy requires additional attention to issues of access and appropriate uses of derived cell lines. Several regions have set up stem cell banks for future research or research into specific diseases. Existing ART regulations that apply to derivation of stem cells from embryos may not cover secondary use of the stem cell lines once derived. If this is the case, as in the United Kingdom, specific legislation or amendment of the comprehensive act may be warranted. Alternatively, new oversight bodies may need to be created to handle access to and uses of banked stem cell lines. In the United Kingdom the National Institute for Biological Standards and Control houses the U.K. Stem Cell Bank and it is the Steering Committee of that bank that creates practice guidelines to guide decisions regarding the secondary use of derived stem cell lines.25 In Canada the Canadian Institutes of Health Research, through a Stem Cell Oversight Committee (SCOC), makes decisions about funding stem cell research. It is expected that the newly formed regulatory agency under the Assisted Human Reproduction Act will work together with the SCOC in the future. New initiatives aimed at hESC research may require changing or developing policy in areas such as intellectual property of stem cell lines, oocyte donation laws and reproductive cloning legislation. It is clear that setting up an hESC research policy is bound to be difficult, time consuming 25. NAT’L INST. FOR BIOLOGIAL STANDARDS & CONTROL, The UK Stem Cell Bank at NIBSC: An Overview, at http://www.nibsc.ac.uk/divisions/cbi/stemcell.html (last visited Mar. 16, 2005). 533553288 634 2/17/2016 3:26 AM NEW ENGLAND LAW REVIEW [Vol. 39:623 and costly. In addition, on the frontier of human reproduction and genetics, where science and public opinion continually evolve, policy initiatives need to be adaptive and open to review.