Bill Description: Senate Bill 1036 would prohibit the use of human gene therapy products to treat or prevent infectious diseases.
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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?
Senate Bill 1036 would create Section 39-4810, Idaho Code, to prohibit the administration "by any route or modality" of "any human gene therapy product for any infectious disease indication, regardless of whether such administration is termed an immunization, vaccine, or any other term."
The bill would define "human gene therapy product" as "all products that mediate their effects by transcription or translation of transferred genetic material or by specifically altering human genetic sequences." It would provide a non-exhaustive list of examples, including nucleic acids (like RNA), genetically modified microorganisms, engineered site-specific nucleases used for human genome editing, and ex vivo genetically modified human cells.
It would exclude "human gene therapy products utilized for treatment or therapy of cancer or genetic disorders."
It appears that the bill is meant to prohibit the use of RNA vaccines (like the COVID-19 vaccine), but it could prohibit other products as well. It is not clear whether the use of human gene therapy products would be allowed for treatment or therapy of conditions that are neither "cancer or genetic disorders," or if those products could be used to treat an "infectious disease indication." Gene therapy for non-genetic conditions is not widely available yet, but it is being researched for several conditions, including wet age-related macular degeneration.
Even regarding vaccines using genetic material, however, this bill takes a heavy-handed approach of banning consenting adults from choosing a medical treatment they believe fits their needs.
It is important to view this bill in the context of the proper role of government. Government should protect and defend individual rights. This includes prohibiting vaccine and mask mandates so individuals can choose for themselves when to use these products. It can also include intervening on behalf of people (such as children or those suffering from dementia) who cannot make a fully informed decision regarding medical care. It is not the proper role of government to ban access to medical treatments for consenting adults, however. Such bans infringe on personal liberty and disrupt the operation of the free market.
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