The Senator's Hammer

California's new stem cell agency has a hefty legislative hammer hanging over it, one that is not likely to fall statutorily but one that could serve as a tool to arouse the public, perhaps as early as March.

The state legislation is aimed at ensuring full disclosure of financial and other interests, open meetings of governing and working groups “to the fullest extent possible” and tough patient protection standards.

California State Sen. Deborah Ortiz, D-Sacramento, introduced the measure although she was a strong supporter of Proposition 71.

She said Proposition 71 “fills a critical void” and “offers immense promise for developing new medical therapies.” But she added, “If we falter in any way or allow any level of cynicism or doubt to step in, we will lose a great opportunity in history.”

Despite her support for the initiative, Ortiz said it is “glaringly short in providing key protections to the public's pocketbook.”

She wants the state to take steps to ensure a “fair financial return” to California on its investment in the agency. The economic disclosure requirements in the proposition are not “good enough.” The agency's working groups are exempt from state open meeting laws, creating a situation rife with the potential for abuse, according to the senator. And she wants patient protections reinstated that the initiative pre-empted.

The initiative may be nearly impossible to modify by legislative action this year, but Ortiz says she is willing to try. Her press aide, Hallye Jordan, told the California Stem Cell Report that hearings on the senator's bill could come as early as March. Jordan also said Ortiz is considering asking the state auditor to examine at the institute at some point.

Given the difficulties in actually turning her proposal into law, Ortiz' bill seems to serve primarily as a device to be sure her views are given very serious consideration by the new agency.

It would be awkward for agency officials to stand before a legislative hearing chaired by Ortiz and say they are against measures to protect the public and patients. Nonetheless, that is increasinglyclose to the position they find themselves as one news report after another contains criticism of their alleged lack of accountability and purported conflicts of interest.

Late last week, for instance, came word that four members of the oversight committee failed to file economic disclosure statements by the deadline required by law. The 2 million subscribers of the Wall St. Journal were told that the agency is run by a “rich guy” who lacks accountability. (See items below.)

The stem cell institute, in some ways, positioned itself early on as something of a Sister Teresa of the bureacracy – curing the sick and helping the lame. But public's faith in government is limited. Good reputations can vanish overnight in the wake of even a mini-scandal.

All of which means that Sen. Ortiz' concern that that the agency could fritter away a great opportunity deserves serious thought.

For more on Ortiz' thoughts, see the piece she wrote in the San Francisco Chronicle and information on the legislation on her website.
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