Agency to propose lifting stem cell limits

BYLINE: Stephen Smith GLOBE STAFF

The state Department of Public Health will propose this morning the scrapping of restrictions on stem cell research that generated widespread concern among scientists who feared criminal penalties for conducting certain kinds of laboratory work.

In a draft of the proposal obtained by the Globe, public health administrators write that the stem cell rule "created an uncertain regulatory environment for those engaged in stem cell research" and could hobble the state's efforts to remain a leader in the emerging field. Last month, Governor Deval Patrick announced his support for rolling back the restrictions.

The new regulations were adopted last August by the state Public Health Council at the direction of Governor Mitt Romney, who wanted to prevent the use of embryos strictly for research. Critics pointed to the stem cell rules as an example of the Republican governor's use of public health policy to strengthen his appeal to social conservatives as he embarked on a presidential bid.

The research limits made a seemingly small wording change in the language of a 2005 stem cell law. But researchers said that the rewording appeared to threaten them with criminal penalties if they used certain human embryonic stem cells.

The proposal that will be submitted to the newly reconstituted Public Health Council this morning would completely undo the regulations approved last summer. A vote is not expected until late summer at the earliest, after a series of public hearings.

In an interview last night, John Auerbach, the state's new public health commissioner, said his agency had not consulted with the governor's office while drafting the proposal, although Auerbach said he had briefed the state's health and human services secretary, Dr. JudyAnn Bigby.

Auerbach said a panel the Legislature established to provide guidance on stem cell research, the Biomedical Research Advisory Council, heavily influenced his agency's recommendation. "This hasn't come as a politically vetted proposal," he said. "It's come as a proposal that had its roots in the scientific and clinical deliberations" of the advisory council.

Stephen Mulloney, director of policy and public affairs for the Massachusetts Biotechnology Council, said yesterday that the effects of the restrictions had already become evident.

"It caused consternation in certain labs," Mulloney said.

Embryonic stem cells have the capacity to become any cell in the body, and scientists predict the research could lead to insights into diseases and, potentially, to treatments. The research has provoked opposition from antiabortion groups because current methods of obtaining stem cells require destruction of embryos.

Boston researchers were deeply concerned that the Romney-backed rules would prevent them even from accepting batches of embryonic stem cells from colleagues in states with lessrestrictive stem cell research laws.

According to the proposal being presented today to the Public Health Council, there would be "no impediment to knowingly creating embryos ... with the sole intent of using the embryo for research."

But Romney spokesman Eric Fehrnstrom decried the proposed lifting of the restrictions.

"It raises profound ethical issues, and it moves us closer to the `brave new world' that Mitt Romney warned about," Fehrnstrom said in an e-mail message.

Stephen Smith can be reached at stsmith@globe.com.