CIRM Acts on Revised Research Standards This Week

The California stem cell agency Monday takes up changes in its research standards aimed at achieving consistency with national rules for human embryonic stem cell research.

The changes appear to be non-controversial although researchers and other interested parties would be well-advised to listen in on the audiocast proceedings of the 10 a.m. meeting of the Standards Working Group. Its discussions often shed light on questions that may pop up later when the standards are to be applied.

If you can't tune in, CIRM has posted the regulations along with additional details and the Powerpoint briefing slides to be used at the meeting. The documents are also necessary if one wants to follow the audiocast.

The rules being considered by CIRM apply only to research that is funded by the agency. Stem cell research in California that is not funded by CIRM is regulated by the state Department of Health.

From day one, CIRM has banned the use of stem cell lines if they are derived in a process that provides compensation – “valuable consideration” – for eggs or embryos. One of the proposed changes that caught our attention involves an exception to the ban on “valuable consideration” in the case of embryos created in reproductive IVF. The proposed rule states:

“For embryos originally created using in vitro fertilization for reproductive purposes and were no longer needed for this purpose 'valuable consideration' does not include payments to original gamete donors in excess of 'permissible expenses.'”

Having watched laws and regulations formulated for several decades as a journalist, creation of exceptions piques my interest. In this case, I wondered whether money could be made by using the proposed exception. What happens if human eggs have real economic value at some point in the future in terms of research i.e. a high demand and a supply shortage? Is it possible that crafty entrepreneurs could use the cover of IVF to generate eggs to meet that demand?

CIRM firmly believes that will not happen under its proposed rules. Their intent is clear plus CIRM also reviews its grantees' research protocols and audits the institutions, the agency says.

We also asked Hank Greely, a Stanford law professor familiar with stem cell issues, about the matter. Greely, who is not involved with the CIRM regulations, offered this quick and informal response that basically supports the CIRM regulation.

“I think that's a defensible interpretation. She is being paid to 'donate' ('paid to donate' is odd wording, in itself) her eggs for reproductive purposes. She cannot be told, in advance, that not all of her eggs will be used to make embryos for reproductive purposes, because no one knows, in advance, how many eggs she will provide, how many embryos will thrive, and how many the recipient will need for reproductive purposes. She doesn't get any money because of the research use and she doesn't 'donate the eggs for research use' - the woman/couple who pay her for her eggs ultimately donate the embryos made from those eggs for research use. The egg donor gets the same amount of money whether the recipient ends up using all of the embryos created with the donated eggs for reproductive use or none. No more or less money changes hands depending on whether all the eggs are used for reproduction or some of the eggs are used for research.

“Assume I pay you $3 for a six pack of Coke Zero and I tell you I plan to drink as many as I need, which may or may not be all of them. I end up giving one of the cans to my wife. Have you received 'valuable consideration' for donating the can to my wife?”

For an earlier discussion of the regulations, you can see the transcript of the standards group meeting on Sept. 18.

Directions for hearing the audiocast can be found on the standards group agenda.

(Editor's note: An earlier version of this item incorrectly said that the proposed regulations will be considered by the CIRM board Friday. They will be heard by the board at its meeting in Los Angeles Oct. 27-28.)

California Treasurer Says Stem Cell Agency to Receive $118.5 Million

The California State Treasurer's office this afternoon confirmed that the California stem cell agency will receive $118.5 million in fresh cash from the state's latest bond sale.

It was good news for CIRM, which faced the prospect of running out of money by the end of next year, and a change from what was expected earlier this week.

Tom Dresslar, spokesman for the treasurer, verified the figure in a phone interview. He also confirmed the accuracy of an Oct. 7 item, “No New Stem Cell Cash,” on the California Stem Cell Report, in which he was reported as saying that no additional funds were expected.

Dresslar said his comments were reported accurately at the time, but the treasurer's office subsequently decided to allocate the cash to CIRM.

For comments from CIRM on the results of the bond sale, see the “recent comments” column to the left of this item.

CIRM Says It Is Receiving More Cash From Bond Sale

We would like to call attention to a comment posted this afternoon by CIRM on this site declaring that the information contained in our item, “No New Stem Cell Cash,” is incorrect. Our piece reported that the state treasurer's office said that CIRM would receive no new cash from the latest California bond sale. CIRM disputes that information. We are checking with the treasurer's office concerning the item and the comment by CIRM's Don Gibbons, the stem cell agency's chief communication officer. You can read his comment by clicking on it at the left of this posting. Or you can find it by clicking on the word “comments” at the end of the original item.

No New Stem Cell Cash in Latest California Bond Sale

California's sale of $4.5 billion in bonds this week will not mean fresh cash for the California stem cell agency.

In response to a query, Tom Dresslar, spokesman for the state treasurer's office, said some of the proceeds will go to refinance earlier debt taken on to support the state research operation. But he said no additional funds will go to CIRM.

The agency currently has enough cash to operate roughly through the end of next year. Its sole source of any significant revenue is California state bonds.

The agency experienced a cash crunch earlier this year and raised the possibility of marketing state bonds privately. CIRM, however, received a $505 million infusion in April as the result of a $7 billion California bond sale.

Presumably the agency will be in line for some additional bond funding between now and December 2010.

CIRM Panel Approves $300,000 Economic Study; Public Access to Data Still a Question

A subcommittee of the directors of the California stem cell agency today unanimously approved a $300,000 economic impact study of the agency's work by a firm that is expected to “execute a vibrant and aggressive strategy” supporting CIRM.

Still up in the air is whether CIRM will allow other researchers and interested parties access to the basic data that will be gathered for the study at taxpayer expense. Much of the information will come from recipients of CIRM grants.

In response to an email query, Don Gibbons, spokesman for CIRM, said the Governance Subcommittee approved the study to be conducted by LECG of Emeryville, Ca. Gibbons did not respond directly to questions about whether the data would be available to other, non-CIRM researchers, who could make an independent assessment about the financial impact of spending $3 billion for research.

Gibbons looked askance at an earlier item on the California Stem Cell Report that discussed the issue of public availability of the information.

He said in an email that the article was “grabbing at straws.” The item was based on a brief response from Gibbons to two questions from the California Stem Cell Report. Gibbons said that he was “in a hurry” when he looked at our emailed questions and misread them as a request for a copy of a contract. (Our two sentence request can be found here.)

Gibbons added that at the Governance meeting, CIRM Chairman Robert Klein “pledged that the (economic analysis) model created will be made public,” a statement that raised another question from us.

We asked Gibbons,

“To double-check, your message....omits any reference to making the basic data public. The 'model' is different than the data used in it.

“Will the basic data be available to the public and will it be available in a non-proprietary format? Thanks.“

Gibbons' verbatim response:

“The bulk of their work will be on the model. The only case that will be worked through with full data will be the test case on Polycythemia Vera. There will be some data that will be protected by patient privacy laws. We have not worked out where that line will be drawn.”

CIRM's position falls far short of ensuring public and researcher access to the basic data, which is being generated with taxpayer funds. Bringing up patient privacy laws only confuses the issue. In virtually all major studies of this sort, individual names and personal information are not important to the analysis. The data are aggregated in an anonymous fashion.

The important point is to build a database from the very start that is publicly usable and that does not co-mingle confidential and public information in such a way that harms its public accessibility. If the two categories are interwoven inappropriately, it could make the data nearly impossible to unwind.

To fail to ensure public access to the basic information only damages CIRM's credibility, especially when the agency goes to Sacramento seeking additional funding. Klein has promised to adhere to the highest standards of openness. It is time for him to fulfill that promise.

As for the independence of the winning firm, CIRM's request for bids specifically stated that a successful bidder must “execute a vibrant and aggressive strategy to support the goals and initiatives of CIRM.”

More Locations for Economic Impact Meeting

If you are eager to participate in this morning's CIRM meeting involving a $300,000 economic impact study, the stem cell agency has added several new teleconference locations, including Des Moines.

Here is the latest list of locations for the 11 a.m. PDT session in addition to Des Moines: San Francisco (2), Palo Alto, Los Angeles (2), UC Davis and Irvine,

Specific addresses can be found on the agenda. Some of the locations do not have room numbers. CIRM should be able to provide them at 415-396-9100.

Will CIRM Withhold Economic Data?

The California stem cell agency today left open the possibility that the basic data gathered during a proposed $300,000 economic impact study will be withheld from the public and outside researchers.

The question of whether CIRM considers the information a public record arose in connection with the proposed contract with LECG of Emeryville, Ca., which comes before the CIRM directors' Governance Subcommittee during a teleconference meeting Tuesday.

Earlier today, we pointed out that none of the CIRM documents currently available on the proposed study provide assurances that the basic information, which will be gathered at taxpayer expense, will be considered open to the public and made available in a non-proprietary format.

We asked CIRM in an email,

“Will the data gathered under the economic impact study proposal to be considered tomorrow be public record? Will it be available in a non-proprietary format?”

Here is the verbatim response from Don Gibbons, CIRM's chief communications officer.

“We don’t quite have a final contract yet.”

CIRM's best interests would be well served in being very explicit that the data are public. The agency holds an unprecedented position in state history and is engaged in activities that reach deep into the scientific community, academia and the biotech industry. To draw a curtain over information that would allow truly independent study of CIRM's impact would be a disservice to California taxpayers and to those who would study CIRM in the future.

Just as scientists test the results of research by attempting to replicate published results, it is only appropriate to apply the same standard in the case of the CIRM economic study. That means that the basic data must be available to all researchers or interested parties, not just those consultants hired by CIRM.

CIRM Moving Forward with 'Vibrant' Economic Benefit Study

Key directors of the California stem cell agency tomorrow are likely to give the go-ahead to a $300,000 proposal to study the economic impact of its $3 billion research effort.

Under the terms of the RFP, the folks doing the study must “execute a vibrant and aggressive strategy to support the goals and initiatives of CIRM.”

Five firms responded to the RFP last year. Only one, LECG of Emeryville, Ca., is being considered tomorrow at a teleconference meeting of the directors' Governance Subcommittee. LECG says Henry Miller of its Washington, D.C., office and Jose Alberro will be co-directors of the study.

We have written previously about the credibility problems associated with any economic study funded by CIRM. There is no doubt that CIRM's efforts have a beneficial economic impact. But no CIRM-financed study will convince skeptics that the program is necessarily justified.

Nonetheless, CIRM is proceeding with the effort, which will undoubtedly be a useful public relations tool. The study is also likely to be served up at some point to support the need for additional state funding. And it could serve as a marketing device should CIRM push forward with its plans to peddle state bonds privately.

If the data are public record and available in a non-proprietary format, they could be useful to other economists and interested parties. Most of CIRM's records are public, but sometimes some of its important information is tucked away from the public gaze. The RFP, the LECG bid and the staff report carry no assurances that the information gathered during the study will be available publicly or in a format that could be used by non-CIRM researchers.

We have asked CIRM whether the economic data will be a public record and will carry the agency's response when we receive it.

The RFP for the study was first posted about a year ago, but is no longer available on the CIRM Web site. A CIRM staff report said that negotiations on the contract were suspended because of concerns about CIRM's financing.

The report said that contract being considered tomorrow will involve something of a pilot project. The staff said,

“The plan agreed upon between CIRM and LECG is to initially build a model around a test case, a specific disease – Polycythemia Vera – that is the target of a clinical trial under the direction of Dr. Catriona Jamieson at UCSD (the topic of a disease “spotlight” at the June 2009 ICOC meeting in San Diego). This clinical trial involves a small molecule drug therapeutic identified through studies using stem cells. The model will take into account direct benefits of CIRM funding (job creation through research and facilities awards), secondary cascades of CIRM funding (“multiplier effect” – e.g. payments to suppliers and subcontractors along with affiliated job creation and state revenues from income, sales and property taxes), potential savings in health care costs (compared to current therapies) and increased productivity for both patients and their caretakers (related to improved vitality and quality of life). Once this model is created, it will be evaluated and fine-tuned by a panel of experts selected by LECG and CIRM. The application to Polycythemia Vera will then be completed and a report prepared by December 2009.

"Subsequently, the model will be expanded and adapted for analyzing other diseases and other applications of stem cells for treating these diseases. In addition to the development of small molecules, other approaches will include cellular therapies (replacing cells, organs &/or organ functions) and the creation of normal and disease specific cell lines for screening (e.g. predictive toxicology) and early diagnostics. The entire project should be completed by the beginning of May 2010. Further, we expect the results to identify data that CIRM should collect on an on-going basis as part of its grants management process for use in future economic analyses.”

The other firms offering bids for the economic RFP included the Analysis Group, which previously performed studies for CIRM and the Prop. 71 ballot campaign. The others were RiskAnalytica, PricewaterhouseCoopers and Tripp Umbach.

The public can take part in the teleconference meeting at locations in San Francisco (2), Palo Alto, Irvine, Los Angeles and UC Davis. Specific addresses can be found on the agenda.

Prop. 71 Fallout: Bond Guru Assails California Voter Initiatives

Bond maven Bill Gross kicked off October by lashing out at California's “perverted” form of government including ballot measures such as Prop. 71, which he said have have “almost tragically shaped” the state's laws.

Gross made his remarks in his monthly commentary, which is widely followed in the financial community. The Southern California resident is the head of the $178 billion Pimco Total Return Fund. He is also a backer of stem cell research at UC Irvine to the tune of $10 million.

For those of you not familiar with ballot measures, Prop. 71 is the voter initiative that created California's $3 billion stem cell agency, which uses borrowed money to finance scientific research for the first time in the nation's history.

Gross deplored the current financial state of affairs in California, which he likened to dog excrement. He wrote:

“Perhaps more than any other state, California has been affected by its perverted form of government, requiring a two-thirds vote by state legislators to effectively pass a budget. In addition, the state’s laws are almost tragically shaped by a form of direct democracy more resemblant of the Jacksonian era, where the White House furniture was constantly at risk due to unruly citizens, high on whisky, and low on morals and common sense. Propositions from conservatives and liberals alike have locked up much of the budget, with Proposition 13 in 1978 reducing property taxes by 57% and Prop. 98 in 1988 requiring 40% of the general fund to be spent on schools.”

Gross continued,

“What is critical to recognize is that both California and the U.S., as well as numerous global lookalikes such as the U.K., Spain, and Eastern European invalids, are in a poor position to compete in a global economy where capitalism is morphing from its decades-long emphasis on finance and levered risk taking to a more conservative, regulated, production-oriented system advantaged by countries focusing on thrift and deferred gratification.”

Prop. 71 is just one of the ballot measures that California voters have approved over the years, although its impact ($6-$7 billion with interest) is tiny compared to the examples that Gross cited.

Nonetheless, government by ballot measure is a poor way to regularly do the people's business. Indeed, one of the chief obstacles to the smooth functioning of the stem cell agency is, in fact, the ballot measure that created it. Like some smothering parent, Prop. 71 effectively prevents the agency from making much-needed changes in its operations, ranging from removing the poorly conceived 50-person staff limit to changing its super-majority quorum requirements, which continue to make it difficult for its board of directors to do business. The board's own attorney earlier this year declared that CIRM is handcuffed. He said that it is impossible for the board or the legislature to make important reforms (see the the Little Hoover Commission findings) without going to another vote of the people, an exceedingly unlikely event, short of a major scandal at the stem cell agency.

(Editor's note: An earlier version of this item did not contain the reference to Gross' $10 million contribution.)

CIRM Looking for Closer Conformity on Egg Rules

SAN FRANCISCO --As part of its effort to achieve consistency with national standards, the California stem cell agency is moving towards allowing the use by CIRM researchers of embryos created through IVF that originally involved payments.

The CIRM Standards Working Group last week approved the move although specific language is yet to be worked out. Bernie Lo, co-chairman of the group and director of the medical ethics program at UC San Francisco, said the language would be narrowly focused.

Jesse Reynolds of the Center for Genetics and Society of Berkeley, Ca., said he was
“encouraged” by the CIRM direction. Earlier, the group had expressed concern that CIRM might be creeping towards possible creation of a loophole in the Prop. 71 ban on compensation for egg donors.

CIRM hopes to present specific language soon for its proposed rule to the Standards Working Group in a telephonic meeting. The proposal would then go to the CIRM board and from there into the official state regulation process.

In other matters involving the standards group, Alta Charo, a professor of law and bioethics at the University of Wisconsin, who has been a member of the group since its beginning in 2005, is leaving the panel because of her new position as a senior advisor at the FDA,

CIRM hopes to approve a replacement at the board meeting that begins Oct. 27.

Reynolds also praised CIRM staff for the early posting of background material on matters to be discussed at the meeting last week. Additional material has been posted as well on the research standards issues facing CIRM. It all can be found here.

Germany Added to CIRM's Stable of Partners

The California stem cell agency today announced its sixth international agreement – this one with Germany – with the hope that it will lead to joint research in stem cell transplantation and immunology.

The agreement is intended to make it easier for researchers in California and Germany to obtain joint funding. As with the other agreements, no California funds are permitted to be spent outside of the state.

CIRM already has agreements with organizations in Canada, the state of Victoria in Australia, Japan, Spain and the United Kingdom.

CIRM's news release quoted California Gov. Arnold Schwarzenegger as saying,

“There are brilliant minds all over the world, especially here in California, and with collaborations like this we can help ensure that potentially life-saving breakthroughs can come more quickly and more often.”

In response to a query, Don Gibbons, chief communications officer for CIRM, said,

“We have over $60 million in commitments from our international collaborative funding partners.... There were a total of nine collaborative applications in the Disease Teams, with Canada, Spain and the UK represented, but of course we won’t know how those nine fared among the 31 until October 28(the next CIRM board meeting). There are a number of Japanese collaborations among the Basic Biology 2 awards that have just come in and are being assessed internally now.”

The only international grants awarded so far came last spring in the early translation research round. Four collaborations were funded for a total of $29 million($24 million California and $5 million Victoria) involving Alzheimer’s disease, Parkinson’s disease and techniques for working with embryonic stem cells.

Egg Donor Proposal Stirs Concern; CIRM Says Language is 'Placeholder'

The Center for Genetics and Society Thursday raised “serious concerns” about some of the matters to be discussed at today's meeting of the research standards group of the $3 billion California stem cell agency.

CIRM, however, said the center has “misconstrued the intent of the proposed changes.”

In a letter to CIRM, the Oakland, Ca., organization center referred to preliminary language contained in a briefing paper for the group that dealt with compensation for egg donors, which is banned by CIRM. The draft language, which is intended to conform CIRM rules to others nationally, would “limit the payment restriction to donation of oocyctes provided specifically for research purposes.”

The center said,

“We were startled to see this for two reasons. As you know, both Proposition 71 and California law prohibit paying women to provide eggs for research. This proposed policy would mean that a woman undergoing egg extraction could be compensated or receive other valuable consideration as long as research is not the specifically stated purpose of harvesting her eggs. Diverting eggs for which payments have been made from the reproductive to the research context would be contrary to Proposition 71 and state law.

“We sincerely hope that this is an oversight. We ask the Standards Working Group to reject the proposed language and to clarify that paying women for eggs that will be used for research (beyond reimbursing their expenses) is contrary to law, and will not be done in California.”

CIRM posted a response to the CGS letter on the agency's website. In the response, CIRM referred to National Academy of Sciences guidelines and said,

“The language 'specifically for research' is a placeholder taken directly from the NAS Guidelines. The SWG (standards group) has consistently drawn from the NAS guidelines to provide a model for our regulations. This example is no different. This placeholder language is designed to support policy development. Any proposed regulatory language is subject to SWG review, ICOC approval, OAL review and public comment to ensure the regulatory language is consistent with the intent of the policy.”

Our take? We think CIRM's intent is clear. However, whether the proposed regulatory language achieves that goal is another question. We suspect more artful language will be developed as these proposed changes work their way through the regulatory process during the next few months.

CIRM is to be lauded for posting its 28-page briefing paper well in advance of today's meeting. That allows time for such parties as the Center for Genetics and Society and others to comment thoughtfully on the matters to be considered. It also allows time for CIRM to respond publicly in advance of the meeting. The upshot is likely to be better policy and better regulations and enhance CIRM's image as responsive to the public.

We should also note that the center's letter also raised concerns about the “prospective use for research of paid-gamete IVF embryos could create conflicts of interest for the physician attending an egg provider, and thus put her at increased risk.”

Correction

The “Prop. 71 Minutia” item on Sept. 16 contained a quote that referred to “advice” from the Little Hoover Commission that CIRM should lower its quorum requirements. A draft of the Hoover report contained that recommendation, but it was omitted in the final version. The final report said the super-quorum requirement was “restrictive” and “problematic” but said the problem would be eased by reducing the size of the board from 29 to 15.

Prop. 71 Minutia Stalls CIRM Again

SAN FRANCISCO – The board of directors of the California stem cell agency Tuesday failed to achieve a quorum and was forced to put off action on regulations tied to its ambitious, $210 million disease team grant round, the largest ever in CIRM history.

That means it will be at least another two weeks or more before the board can act on the IP rules that it needs for disease team project. The grants are scheduled to be awarded later this year.

The board has been handicapped for years by its super-quorum requirement, 65 percent of its 29 members. Tuesday, the quorum was 19 but only 18 answered the roll call during the special, teleconference meeting based here. Twenty-one had been expected. Without a quorum, the board cannot take legal action.

John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca., said today that problems with quorums are a persistent and important issue at CIRM. Simpson has followed the matter for several years. In one case in 2008, he wrote about how the board “essentially” drafted a member of the audience to raise a quorum.

Commenting today, he said,

“This clearly shows that (the board) has not resolved its nagging problem with mustering a quorum. They should have taken the Little Hoover Commission's (initial) advice and moved to make a simple majority all that is necessary to conduct business. Instead, they insist on a meaningless charade that wasted the time of 18 very busy people.”

The quorum mandate is written into state law by Prop. 71, which created the stem cell agency in 2004. It cannot be changed without a vote of the people or by the legislature. But the latter involves another super-majority requirement, 70 percent of both houses of the legislature and the signature of the governor.

The Little Hoover Commission, the state's government good government panel, earlier this year cited CIRM's problems with achieving quorums. But the CIRM board last month rejected suggestions that the quorum be reduced to 50 percent. It relied on its attorney's opinion that to do so would “undermine” the intent of the voters and would leave the board open to being captured by a minority.

However, super-majority requirements actually facilitate minority dominance of bodies such as the CIRM board. On Tuesday, the absence of one member paralyzed the board. In other cases, a few members have left CIRM board meetings and thus prevented it from taking action. Conceivably, 11 members of the board could control it by simply refusing to attend unless their wishes prevailed.

The regulations under consideration Tuesday dealt with intellectual property requirements. Initially, they appeared to be relatively non-controversial, although CIRM director Susan Bryant, vice chancellor for research, University of California, Irvine, raised anew concerns expressed last July by the University of California (statewide).

Director William R. Brody, president of the Salk Institute, also criticized some of the proposed regulations as “absurd” and suggested that language from federal IP law be adopted. However, others noted that CIRM deliberately moved away from federal law in its development of the regulations over several years.

In the absence of a quorum, CIRM Chairman Robert Klein said the proposed regulations will be taken up later after CIRM director Ed Penhoet, head of the IP Task Force and a co-founder of Chiron, has a chance to discuss them with Brody and Bryant.

The CIRM board also did not act on hiring underwriters (more than one is needed because of potential conflicts of interest) to run its $500 million biotech loan program. The effort is scheduled to begin with the disease team grant round. But the board was told that a very small number of potential borrowers are involved in that round.

Instead of hiring two or more underwriters, John Robson, CIRM vice president for operations, said the lending effort can begin with a pilot project involving one underwriter. He said that it will help the agency develop a better underwriting effort for the directors to approve next year. Following the meeting, Robson said he hopes to conclude a pilot agreement within days.

You can read more on quorum problems, as discussed by Simpson, here, here, here, here and here.

(Editor's note: In an earlier version of this item, the quotation from John M. Simpson did not contain the word "initial" in parentheses.)

Eggs, Donors, NIH Rules and More This Week

For those of you interested in research standards and rules, the California stem cell agency has posted 28 pages of background material for its meeting in San Francisco this Thursday and Friday.

On the agenda is New York's policy that permits compensation for human eggs to be used for research. CIRM does not permit compensation(valuable consideration), but the agency plans to make some changes in its rules to conform to national standards.

Also available via the CIRM web site is briefing material on proposed changes for donor consent requirements and an update on the NIH rules for human embryonic stem cell research, plus more.

CIRM CEO To Gain More Power in Grant Reviews

The president of the California stem cell agency would wield more power in the agency's grant review process under a proposal that was approved by CIRM's Grant Working Group earlier this month.

The proposal, which will probably go before the CIRM board of directors in October, would give CIRM CEO Alan Trounson the authority to pick an “acting” chairman to preside over each grant review session.

Currently responsibility for the reviews lies with the existing position of chairman, which will be eliminated in its current form. That post has been vacant for nearly a year.

Instead two types of chairs will be created. An “administrative” chair would be named to handle chores other than grant application reviews, which are the chief function of the Grants Working Group. The acting chairs would handle the review sessions. The board of directors would retain authority to approve the administrative chair.

The grants group makes the de facto decisions on CIRM grants, which are expected to total $1 billion by the end of the year.

Correction

The “More Clout” item on Sept. 8 incorrectly stated that the CIRM president will have the ability to appoint an administrative chairman for the Grants Working Group under proposed changes in the group's bylaws. In response to a query, CIRM spokesman Don Gibbons said the current responsibilities of the existing chair are being split between an administrative chair and various acting chairs.

CIRM Airs Powerful Patient Video

With some regularity, the board of the California stem cell agency hears directly from some of those afflicted with diseases and conditions that are among the targets of its $3 billion in research.

All of their stories are emotional, sometimes heart-rending.

The CIRM staff recently captured on video one of the more powerful presentations at its meeting in San Diego last June. Called “Spotlight on Leukemia,” it is now available via CIRM's YouTube site.

The video is a fine piece of work that tells a strong human story and well supports CIRM's mission.

Don Gibbons, CIRM's chief communications officer, aired the video at last month's CIRM board meeting. He said,

“Amy Adams led the story direction and Todd Dubnicoff did the amazing video editing.”

It is narrated by Geoff Lomax, senior officer for the CIRM Standards Working Group.

CIRM Nearing Agreement on Underwriters for $500 Million Biotech Loan Program

The board of the California stem cell agency will hold a special, teleconference meeting next Tuesday to consider hiring a bank or two to run its new and ambitious $500 million biotech lending program.

Also on the agenda are revised IP rules dealing with affordable access to taxpayer-financed stem cell therapies, although there appears to be no controversy about the rules at this point.

CIRM had hoped to have the bank underwriters in place by now for its $210 million disease team program, the largest research round ever for CIRM. Applications for that program are being reviewed behind closed doors today through Friday in San Francisco by the CIRM Grants Working Group.

Three banks were under consideration to run the biotech loan effort. They were Comerica, Square One and Silicon Valley Bank. The first two provided the lowest cost estimates, with Comerica coming in at $71,000 for handling a $20 million, six-year loan. More than one bank is expected to be hired because of the potential for conflicts of interest.

At the August CIRM board meeting, John Robson, vice president for CIRM operations, said that once the agency had some sort of initial agreement in place with Comerica and Square One, negotiations would follow with Silicon Valley Bank.

CIRM Chairman Robert Klein, who originated the concept for the biotech lending program, stressed the importance of moving forward with Silicon Valley Bank. He said,

“Given the tight time frame, moving forward with Silicon Valley Bank is going to be important, if feasible, so that the board really has the full choice and the cost differences in front of them when they are asked to approve the delegated underwriters. With a prototype process, we will and have run into some issues with these banking institutions as they've -- their legal departments have understood the complexity of dealing with the state. So we need to bring forward, to the extent we can, all three opportunities for the board so the board can make a decision.”

CIRM is seeking to hire a bank to run the program because the agency does not have the expertise or the staff to do the work. The banks would perform an analysis of business applicants, assess their operations and management and make recommendations.

CIRM plans to lend money to risky enterprises that otherwise could not secure financing. Loan failure rates of up to 50 percent in the program have been predicted by CIRM.

The first loans are scheduled to go out following formal approval later this year of winners in the disease team program.

The IP rules that are also under consideration next week stirred a flap at one point. The board, however, last month rescinded the controversial proposed changes.

John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca., and who raised the earlier concerns, says he is satisfied with the current proposed changes.

The public can listen to and participate in the board meeting at a number of locations throughout the state. Their specific addresses can be found on the agenda.

A transcript of last month's brief discussion of the biotech loan program can be found here.

Correction

Based on incorrect information on the CIRM Web site, we stated in the “CIRM President to Gain More Clout” item that Stuart Orkin was chairman of the stem cell agency's Grants Working Group. Orkin says he resigned as chairman last November and is no longer on the panel. According to CIRM, Rainer Storb of the Fred Hutchinson Cancer Research Center served as acting chair at the last meeting of the group and is presiding over the meeting underway today in San Francisco. CIRM has also corrected the information on its Web site.

Advisory/Correction

Based on incorrect information on the CIRM Web site, the item below states that Stuart Orkin is currently chairman of the CIRM Grants Working Group. However, he told us in an email that he resigned last November and is no longer on the panel. We are querying CIRM concerning the current status of the chairman's position.

CIRM President to Gain More Clout in Competition for Millions in Grants

The California stem cell agency is moving to strengthen the hand of its president in the review of applications for hundreds of millions of dollars in grants.

The proposal comes before the agency's Grants Working Group tomorrow morning at a two-day meeting in San Francisco to consider applications for its ambitious $210 million disease team program, the largest single research grant round in CIRM history.

The grants group makes the de facto decisions on CIRM grants, which will total about $1 billion by the end of this year.

The group operates behind closed doors for review of applications, but the move to alter CIRM's review process will be considered and voted on in public.

According to a staff memo, the new procedures would allow CIRM President Alan Trounson to pick “acting” chairs to head each grant review session. The selection would be made from either regular or alternate members of the grants group.

It was not clear what responsibilities would remain in the hands of the existing chair position. The exact language of the proposed changes in the group's bylaws was not available on the CIRM Web site at the time of this writing.

Currently the grants review chairman is appointed by the CIRM board of directors and has sole authority to preside over scientific evaluation of grants. The position of chairman has been vacant since last November.

The CIRM staff memo said changes are called for because the $3 billion agency is broadening its research to include translational, preclinical and clinical trial programs.

CIRM said,

“Consequently, there is an important need to have chairs of CIRM review panels with the expertise and seniority that is complementary to the type of RFA being considered.”

The agency also said it is impractical to have one person lead the five to seven review meetings in San Francisco each year. CIRM said similar NIH review groups rarely meet more than twice a year.

The proposal follows CIRM board approval of changes last month in compensation for review group members that could provide perhaps $4,500 or so per grant round per scientist, depending on payment decisions by CIRM staff.

(Editor's note: Based on inaccurate information on the CIRM Web site, an earlier version of this item incorrectly stated that Stuart Orkin was chairman of the Grants Working Group. Orkin says he resigned as chairman last November and is no longer on the panel. At the time of this posting, CIRM said that the position remains vacant and has been filled over the last 10 months by others on an "acting" basis. CIRM has also corrected the information on its Web site.

(The earlier item also incorrectly stated that Trounson would appoint the administrative chair. That responsibility will remain with the CIRM board. )

Shestack's Words Stir Ire in York

One of the directors of the California stem cell agency has become embroiled in a flap about billboards in a small Pennsylvania town better known for making Harleys and animal crackers than for scientific research.

The director is Jonathan Shestack, a nationally known autism patient advocate and Hollywood film producer (Air Force One). The town is York, home to a motorcycle factory and the Stauffer Biscuit Co.

The matter involves a quotation from Shestack, who has been known to speak his mind at CIRM board meetings. In this case, Shestack's 16 words were emblazoned in yellow on a billboard on Route 30. He said,

"If 1 in 150 American children were kidnapped we'd have a national emergency. We do. Autism."

Jeff Frantz of the York Daily Record wrote,

"The Autism Self Advocacy Network and several autism bloggers from around the country objected to the billboard, saying the quote equated an autism diagnosis with a lifetime prison sentence. "

Frantz also reported,

"'You know what, I stand by it all,' Shestack said. 'It is a phrase to grab people by the throat.'

“Those objectors are often people with high-functioning autism, he said. They ignore half of those with autism like his son, who will never learn to speak and will always need help with basic tasks.

"'I think the people who object are small-minded, not generous and only see the world through their own experience,' Shestack said.”

We agree with Shestack.

But the Autism York group, which put the billboard, is not buying Shestack's view and is taking the sign down.

Research VP Slot Posted at California Stem Cell Agency

The California stem cell agency has posted its opening for the newly created position of vice president, research and development, with a salary range that tops out at $332,000 annually.

The person who fills the slot is likely to be the key staff person as CIRM moves more closely to the biotech industry as the agency speeds its drive to produce something that can be used to treat patients.

Here is part of the job description:

“Oversee the preclinical and clinical development phases of CIRM's programs and projects involving not-for-profit and for-profit teams, including assembling and working closely with CIRM advisory committees to provide oversight of these programs and make go/no go recommendations to the President for continuation of CIRM support.

“Works closely with biotechnology, pharmaceutical and investment sectors to enable and enhance the development of clinical applications in CIRM's scientific portfolio.

“Oversees the CIRM research and development program in close collaboration with the Executive Director of Scientific Activities”

Earlier, CIRM President Alan Trounson indicated he was looking for someone with considerable commercial experience, especially related to clinical trials.

Interested parties might also examine the transcript of the CIRM directors meeting Aug. 6, during which Trounson discussed the position.

No deadline was set for applications. The posting said the position will remain open until it is filled.

CIRM Backs Public Option in Health Care Reform

The board of the California stem cell agency has endorsed a public option as part of the national health care insurance reform effort, a move that a backer said would help with affordable access to any stem cell therapies developed with taxpayer funds.

The board took the position last week on a motion by director Jeff Sheehy, a communications manager for UC San Francisco. He sits on the board as a patient advocate. Sheehy said,

"It's a way to keep private insurance companies honest and is essential to holding down costs in insurance."

The action was praised by John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca. In an item on his organization's blog, he said,

“I certainly haven't agreed with everything the ICOC has done, but they sure got this one right. Let's just hope they expend as much effort making this action known in Washington, D.C., as has gone into touting their biotech-friendly, anti-consumer position on biosimilar drug legislation.”

Good Faith, Loopholes and CIRM

SAN FRANCISCO – The $3 billion California stem cell agency says a headline carried last week by the California Stem Cell Report is “damagingly misleading” and would like a correction.

We disagree and will tell you why. But the matter goes beyond a mere eight words. It deals with trust, good faith and more.

The headline in question is: “CIRM Rolls Back Effort to Undercut Affordable Access.”

The subject involves a proposed – but now retracted – major change in CIRM intellectual property regulations. The revision was quietly fast-tracked for what would have been final approval last Thursday by the CIRM board at its two-day meeting here. Fortunately, the loophole was caught the day before the meeting by John M. Simpson, stem cell project director of Consumer Watchdog of Santa Monica, Ca. He wrote a letter challenging the revision. We published an item on his comments along with the text of his letter. As a result, the proposal was pulled back.

Simpson has been deeply involved in the CIRM proceedings that hammered out the IP rules and their provisions for affordable access. The process took place over several years, and CIRM directors have repeatedly reaffirmed their commitment to affordable access to any taxpayer-financed therapies. Affordability is also part of the promise of Prop. 71, the ballot initiative that created CIRM. Simpson has publicly praised the CIRM IP process for its openness and diligence and has expressed great respect for IP Task Force Chairman Ed Penhoet.

On Wednesday, the day after Simpson discovered the loophole, Chairman Robert Klein called Simpson to tell him that the offending provision was being dropped. Klein also mentioned it to us at the meeting here later that day. But loophole did not come before the full board until late in the meeting the next day.

No one at the session disputed Simpson's conclusion that the change in wording was a “tremendous loophole” that would endanger affordable access and also could prove to be a major benefit to the biotech industry.

Rather CIRM's question concerning our headline involves the intent of changing previously agreed upon language. The matter also involves whether CIRM was honoring its principles by advancing the proposed change in a manner that appeared surreptitious, at the least. The revision was buried in 491 lines of prolix regulatory language that was described on the board's agenda as merely a “consolidation” of previous regulations.

The loophole – which involved only a few words – was also proposed at a time when CIRM is aggressively moving to embrace the biotech industry. According to its strategic plan, it will take a leading role – at taxpayer expense – to lobby nationally to remove barriers facing the industry. All with the good intent, we should add, of speeding cures.

When the proposed revision came up during Thursday's board session, Elona Baum, CIRM's new general counsel who joined the agency in April after 12 years with Genentech, said that questions had been been raised about “sublicensing.” She said, “In the interests of clarity, the language was inserted.”

CIRM directors then formally acted to remove the offending language, which will go out for a 15-day public comment period before becoming official.

Shortly after Baum offered her comments, Don Gibbons, chief communications officer, sent me the following email about the headline in question.

“Having heard this discussion, I would hope you feel it is appropriate to self correct this damagingly misleading headline. It should have been clear this was never CIRM’s intent.”

The CIRM board, which is the ultimate authority at the stem cell agency, is to be commended for removing the loophole. But how and why the language was inserted is a matter in dispute.

Gibbons is paid $190,00 a year to polish CIRM's image. We understand why he does not care for our wording. However, both Simpson and I have been given to understand that the loophole did not result from merely a lack of legal felicity.

We asked Simpson for a comment on Gibbons' opinion concerning the headline. Here is what Simpson said,

“Either the lawyer responsible for the proposed change in the definition didn’t understand its implications, which implies incompetence or the lawyer completely understood, which implies deliberate intent to make substantive policy changes and subvert the process. Neither choice is pleasant, so I’ll simply celebrate the fact that when the ICOC (the CIRM board), particularly the members of the IP Task Force, was made aware of the situation, it was immediately rectified.”

Last Tuesday, we asked Gibbons for a comment on behalf of CIRM concerning the loophole. He never responded. We are asking him if CIRM has any comments on this item. We will carry any response verbatim.

Who Will be the Lucky Eight?

SAN FRANCISCO -- The board of the California stem cell agency today approved a $44 million recruitment effort to lure a handful of “paradigm-shifting” scientists to the Golden State.

The program, which will kick in early next year, was adopted on an 18-2 vote. It was supported overwhelmingly by CIRM directors from institutions that are likely to benefit from the plan, which will provide packages perhaps as large as $4.5 million for possibly eight stellar scientists.

No legal conflicts of interest prevented medical school deans and others from voting on a “concept” proposal that could benefit their universities, research institutions or medical centers, according to CIRM lawyers.

The proposal was modified slightly from the initial plan to remove a limit of four awards per year. Also removed was wording that would have prevented awards to scientists who are more than 10 years past their postdoctoral positions.

In his first comment as a new member of the CIRM board, William Brody, president of Salk, said the program would be a good investment, helping to populate the new labs being built in California with $271 million from CIRM. He agreed with numerous other board members who said the program would lure “franchise players” and “paradigm-shifting” researchers, the type who would “ask the big questions.”

The recruitment effort is also aimed at helping the University of California and other institutions facing financial hardships.

The heart of the two-year proposal -- the cash -- did not generate significant opposition. Questions were raised, however, about the procedures, such as using a telephonic instead of a physical meeting of a special grants review group to act on nominations for the grants.

Earlier we reported that stem cell scuttlebutt has it that Kevin Eggan and Amy Wagers, both of Harvard, are possible targets of the recruitment effort.

CIRM directors did not discuss publicly whether the lavish recruitment effort would sour their relations and collaborations with other states and institutions, some of whose leading figures serve on CIRM committees.

CIRM Directors Approve $16 Million in Basic Research

SAN FRANCISCO -- The California stem cell agency today ratified decisions by its scientific reviewers to approve $16 million for basic biology research, trimming the program back from its original proposed $30 million.

Directors were told that scientific reviewers did not think additional funding was justified, based on the quality of the applications.

CIRM has posted a news release with the names of the 12 recipients. The grants all went to institutions that have representatives on the board of directors. However, none of the directors could vote specifically on the grants to their institutions.

Directors rejected attempts to fund two additional grants – 1298 and 1339 – that were not supported by reviewers.

Geron Travails a Reminder of Height of Stem Cell Hurdles

For those you who haven't seen the latest news on Geron, their latest hiccup -- if that is what it is -- demonstrates the arduous and tedious nature of bringing new stem cell therapies into the market.

Geron's plan to run a modest clinical trial on its spinal cord injury therapy has been suspended – before one person could be enrolled – as the result of FDA action. If it ever gets underway, it would be the first human trial using embryonic stem cells.

The company, which is based in Menlo Park, Ca., gave no reasons nor did the FDA, but one analyst cited possible safety concerns.

Geron has been in existence since 1990. It has never made a profit. It has no commercial products. And it has spent more than $150 million developing its spinal cord therapy, according to Steve Johnson of the San Jose Mercury News.

Geron has benefited from favorable coverage since announcing eight months ago it would start the trial. Adam Feurstein of TheStreet.com has a much more jaundiced view. However, he downplays the safety issue.

CIRM Rolls Back its Effort to Undercut Affordable Access

SAN FRANCISCO – A move that would have undercut efforts to provide affordable access to stem cell therapies financed by California taxpayers has been thwarted.

The effort was dropped after John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca., brought it to light.

Simpson reported on his organization's blog tonight that CIRM Chairman Robert Klein telephoned him to say that regulatory language proposed by CIRM that would have created a “tremendous loophole” for biotech companies has been scrubbed.

Klein confirmed that action to the California Stem Cell Report at its meeting here tonight. Simpson and his organization are to be commended for bringing the move to public attention.

More details of what transpired can be found on Simpson's blog.

CIRM Directors Wrestle with Strategy and Ties to Business

The Chinese calendar calls this the year of the ox. At the California stem cell agency, however, this is the year of cozier relationships with the biotech industry.

At a two-day San Francisco meeting that begins tomorrow, the $3 billion state enterprise will re-examine its strategic plan with an eye to strengthening its ties to industry. CIRM's intent is to push taxpayer-financed stem cell therapies into the marketplace and actually treat people – but not necessarily right away. That probably won't happen for 10 to 14 years, according to its plan. Science and regulators are slow.

The plan (here and here) covers a lot of ground, ranging from CIRM's goal of a creating a “stem cell culture” in California to beefing up the management of its burgeoning portfolio of grants, which is expected to hit $1 billion this year.

But the overriding theme is closer ties to industry. A new and highly paid vice president will be handling them. CIRM will lobby increasingly on behalf of industry. The agency will implement an unprecedented, $500 million lending program for the riskiest biotech firms. And it will recruit scientific grant reviewers who understand “what is necessary for commercial success.”

Nothing is wrong with this, in principle. In fact, we think CIRM early on was not aggressive enough in engaging business. Only tiny numbers of industry representatives have appeared at CIRM meetings. Few companies have been successful in winning CIRM grants. And rejected business applicants have complained bitterly about the process.

Business must be firmly engaged with CIRM in order to develop therapies. But the marriage of business and government is fraught with peril. The best of intentions can go awry. They seemed to have done so with proposed creation this week of “a tremendous loophole” in the agency's earlier regulations to ensure affordable access to taxpayer-financed therapies.

John M. Simpson has observed CIRM for several years as the stem cell project director of Consumer Watchdog of Santa Monica, Ca. He and others we talked to have expressed concern about the vagueness of the strategic plan's proposals about industry. In response to a query, he said,

“The strategic plan envisions greater ties with the business community without providing enough specifics of how it all will work. Implicit in the plan seems to be the idea that if businesses are not taking CIRM's money it is a failure on CIRM's part and CIRM needs to loosen its rules.

“This loses sight of the fact that CIRM plays a regulatory role. In fact, if businesses want taxpayer dollars, businesses need to abide by CIRM's well-crafted regulations.

“CIRM seems to be saying we'll keep changing the rules, until you come and play with us. CIRM needs to understand if you go too far down a path of accommodation, the game isn't worth it.”

As part of the plan, another observer says that it would be useful for CIRM to survey activity in California's private sector concerning stem cell research. And, he said, more details are needed on CIRM's role in clinical trials and just exactly how it will help industry in connection with the FDA.

Earlier this year, CIRM's apparent move away from basic research triggered concerns among some scientists. They argued that it is too early to push most research into clinical trials. For example, the agency this year will approve a $210 million disease team grant round, its largest ever single research grant round. CIRM's plan reaffirms a commitment to basic science, but whether that allays fears of critics remains to be seen.

One matter that may trouble many scientists is what may be a reluctance to share information outside of the CIRM research community. The strategic plan discusses sharing “instructive negative research” results within its own community. And it says,

“To manage the flow of information, CIRM is developing and implementing a categorization system and database to store information according to disease relevance, cell types and technologies employed, research results, questions raised and answered and possible next steps.”

In neither of those two examples does CIRM specifically say the information will be shared outside the CIRM community or with the public. That may be an oversight, but it would useful to have some assurance that the information will be publicly accessible.

The latest revision to the strategic plan also presents scientifically justified movement away from its original charter – funding work related almost entirely to hESC research. In fact, the word “embryonic” only appears 20 times in the plan's 37 pages. That may be disappointing to some patient advocates, who may also not be pleased with the 10 to 14 year timetable for therapies.

Simpson additionally identified one objective in the report that he took issue found dubious. He said,

“As a scientific goal CIRM pledges to 'encourage the development of a 'stem cell culture' in California...'

“That makes about as much sense as if NASA said it planned to encourage a rocket science culture in the United States.

“The notion of a 'stem cell culture' becomes even more troublesome when you consider the hype that has been all too common in the field.”

(The strategic plan will be taken up at a two-day meeting of the CIRM board that begins Wednesday in San Francisco. The public can participate in Southern California at a location at the City of Hope in Duarte. A Web audiocast is also available without the possibility of participation. See the agenda for details.)

Consumer Watchdog: Affordable Access to CIRM -Financed Therapies Threatened

The California stem cell agency is proposing a “tremendous loophole” that will allow biotech companies to escape requirements to ensure affordable access to stem cell therapies generated by taxpayer dollars, the Consumer Watchdog group said today.

The group also complained that the regulations are being rushed through a meeting this week of the CIRM board in San Francisco.

The comments were filed by John M. Simpson, stem cell project director of the Santa Monica, Ca., group, who has been deeply involved in the development of CIRM IP regulations. The changes, however, caught him by surprise.

In remarks filed as part of the official regulatory process, he said the proposed alteration in the definition of exclusive licensee is “a substantive change that fundamentally alters the IP regulations.”

Simpson wrote,

“This proposed new definition creates a tremendous loophole that potentially allows companies to escape the IP regulation’s access requirements for products developed with CIRM funds. This was never the intent of the IP task force during its thorough, deliberative process in developing the IP regulations.”

Simpson said,

“It merits a full hearing and thoughtful discussion. Sadly it now appears that there is, for what reason I do not know, an effort to sneak this major change in policy through virtually unnoticed. If that is allowed to happen, it would be truly sad. Developing the IP policies had been one of CIRM’s most inclusive and transparent processes with all stakeholders represented at the table. This change would completely undermine all of those efforts.”

Here is how Simpson described the proposed change:

“The access requirements for products developed by CIRM grantees apply only to grantees, collaborators and exclusive licensees. Under the new proposed definition an entity that purchased a company holding a license would not be obligated to meet the modest access requirements because they would not have received the 'license directly from a Grantee, Grantee Personnel, or Collaborator.' Presumably a licensee could also assign rights to another entity and that entity would not be held to the access requirements, again because it would not have received the 'license directly from a Grantee, Grantee Personnel, or Collaborator.'”

Simpson asked that the proposed changes be referred back to the CIRM IP Task Force before they are acted on by the full board.

We have asked CIRM if it has any comments on Simpson's letter. We will carry the full text of the agency's comments if it responds.

You can read the full text of Simpson's remarks below.

Text of Consumer Watchdog's Therapy Access Letter

Here is the full text of the letter by John M. Simpson, stem cell project director for Consumer Watchdog of Santa Monica, Ca., concerning the loophole proposed in CIRM IP regulations. His letter was filed today as part of the official regulatory process.

Re: Comment on “Proposed IP Regulations: Third Round”
Dear Sir or Madam,
I am writing to protest the proposed change in the definition of Exclusive Licensee contained in the third iteration of proposed IP regulations. The proposed definition,

§ 100601. Intellectual Property Regulations
- Definitions. (k), now reads:
Exclusive Licensee. Any individual or entity receiving by license directly from a Grantee, Grantee Personnel, or Collaborator all rights to make, use, sell, offer for sale and/or import in one or more fields of use or territories a CIRM-Funded Technology or a CIRM-Funded Invention.

In the earlier second iteration the comparable definition, § 100601. Intellectual Property Regulations -
Definitions. (j), read:
Exclusive Licensee. Any individual or entity receiving all rights to make, use, sell, offer for sale and/or import in one or more fields of use or territories a CIRM-Funded Technology or a CIRM-Funded Invention, whether by assignment, license, or other mechanism.

The access requirements for products developed by CIRM grantees apply only to grantees, collaborators and exclusive licensees. Under the new proposed definition an entity that purchased a company holding a license would not be obligated to meet the modest access requirements because they would not have received the “license directly from a Grantee, Grantee Personnel, or Collaborator.” Presumably a licensee could also assign rights to another entity and that entity would not be held to the access requirements, again because it would not have received the “license directly from a Grantee, Grantee Personnel, or Collaborator.”

This proposed new definition creates a tremendous loophole that potentially allows companies to escape the IP regulation’s access requirements for products developed with CIRM funds. This was never the intent of the IP task force during its thorough, deliberative process in developing the IP regulations. I cannot understand why this language has been proposed.

Could you please provide me with the written record of the public comments made on Round Two of the proposed regulations that prompted this change, which subverts the original intent of the IP regulations?

For the record, I note that the public comment period on these regulations closes at 5 pm Aug. 18, the day before the August ICOC meeting where they are already on the agenda for consideration. I am hard pressed to understand how such scheduling provides adequate time for staff to analyze any comments and provide meaningful commentary so that the board can consider the proposed regulations in a thoughtful way.

I urge you to refer these proposed regulations to the IP Task Force for discussion and thorough consideration before they come before the full ICOC. The Task Force has not met since November of 2008. Most of us who have been deeply involved in the here-to-fore exemplary public process that developed the IP regulations were under the impression that the consolidation effort was largely a technical exercise.

However, this proposed definition of Exclusive Licensee is a substantive change that fundamentally alters the IP regulations. It merits a full hearing and thoughtful discussion. Sadly it now appears that there is, for what reason I do not know, an effort to sneak this major change in policy through virtually unnoticed. If that is allowed to happen, it would be truly sad. Developing the IP policies had been one of CIRM’s most inclusive and transparent processes with all stakeholders represented at the table. This change would completely undermine all of those efforts.

Stem Cell Star Search: Recruitment, Money and Conflicts

The California stem cell agency's proposed $44 million recruitment plan seems certain to draw some of the shining lights of the stem cell world to the Golden State, but it also opens a door on the high stakes bidding for research stars.

The proposal additionally shines a light on the built-in conflicts of interest on the 29-member CIRM board. At least 12 members of the board have positions at institutions that stand to benefit from the recruitment plan.

In response to a query, James Harrison, outside counsel to CIRM, said all will be allowed to vote this week on the proposal. However, they will not be able to vote next year on specific recruitment grants if their institution applies for a recruitment grant.

The CIRM recruitment packages could run to $4.5 million for six years for perhaps eight scientists, according an example provided by CIRM, but could be less or more. That does not include contributions from the recruiting institutions themselves.

Among other things, CIRM would provide up to $186,000 a year for salaries, $1 million for lab renovations and equipment (with an equal amount from the institutions) and $300,000 annually for lab operations, not including indirect costs.

To your average Californian, the amounts might seem quite generous. But according to one well-informed observer, they are not excessive although they could be construed as “lavish” for public institutions.

To help put the plan in perspective, we queried some folks in the field.

Ann Keissling, who serves on the CIRM research standards group and is director of the Bedford Stem Cell Research Foundation in Massachusetts, said,

“After a brief review, this looks like an excellent plan. The approximately $4 million for a six-year commitment to a good mid-career investigator is appropriate, and will give California institutions with less robust stem cell departments the chance to bring themselves up to a par with other institutions.

“Over reliance on NIH-funding is weakening U. S. science for a number of reasons and those institutions with the greatest NIH-dependency will be forced to develop alternatives. This might be an excellent opportunity for good science to go forward rapidly that might languish waiting for federal funding. This would not only be a boon for California, but for U. S. biomedical science in general. A win for everyone in the long run.”

Dennis Clegg, who runs the stem cell program at UC Santa Barbara, said,

“Since many places have a hiring freeze, including UCSB, CIRM help in recruiting is very welcome. More support would have greater impact, but CIRM has to weigh its various priorities.”

A few years ago, Clegg recruited Jamie Thompson to the campus as an adjunct professor, putting together a $1 million package for him.

One California researcher, however, said anonymously that the size of the CIRM proposal seems to go beyond the current packages being offered or in place. The scientist also expressed concern about fairness towards researchers already in California.

“We should be giving those young researchers who we have been nurturing with CIRM money a chance to blossom rather than bringing in some of those half-tamed Harvard boys.”

CIRM said the program is modeled after the “early career” awards from the Howard Hughes Medical Institute. The Hughes program is monetarily more modest, sprinkling only $4 million among 11 researchers this year.

One commentator said that the CIRM packages could be aimed at recruiting recipients of Hughes awards or other programs that remove their grants when the recipient leaves the original institution.

In terms of specific individuals, stem cell scuttlebutt has it that UC Berkeley is looking for a star and needs financial assistance because of the California state financial crisis. The names of Kevin Eggan and Amy Wagers, both of Harvard, have been mentioned in that regard. Eaggan has also popped up as a possibility at UC San Francisco as well.

Eggan serves on the CIRM standards group. Wagers is on the CIRM grant review group.

While the program helps academia, biotech businesses will be frozen out . Only academic and research institutions and medical centers will be allowed to nominate candidates. No reason was given by CIRM.

The proposal seems certain to have something of inflationary impact on the field and to trigger bidding wars as rival institutions compete. It could also stimulate upward financial pressure from scientists who might not be considered by institutions as meeting the CIRM criteria of being “highly likely to become world leaders in their fields.” They are naturally going to look at the deals and ask for more for themselves.

But the even the brightest stars are lagging behind others in the university firmament. UC Berkeley, UCLA and Stanford are paying much more handsome salaries in another field, $1.9 million, $1.3 million and $1 million respectively to their football coaches.

New Info on Pay Raises for Grant Reviewers

Don Gibbons, chief communications officer for CIRM, has provided fresh information on the proposed compensation increases for scientific grant reviewers. In a comment on the “Whopping Pay Hike” item, he indicated this evening that the amount is not likely to exceed $4,500 per grant round per scientist. We appreciate that he has brought this new information to our readers' attention. We have also filed a response to his comment. Both can be found via the “recent comments” column to the left or by clicking on “comments” on the original item.

Whopping Pay Hike Proposed for CIRM Grant Reviewers

The California stem cell agency, which constantly stews about recruiting and keeping enough top notch scientists to review its grant applications, is now proposing to pay them $750 a day, which could total as much as $10,000 per reviewer for each grant round.

If the compensation reaches that level, it would be a 500 percent increase in the flat $2,000 that was previously provided.

The pay hike comes before the CIRM board later this week. In a memo, the CIRM staff said it was needed in order for the agency to be “competitive” in securing reviewers, who are usually well-known and respected scientists.

CIRM offered no figures for the overall estimated cost of the increase in what it calls "honorarium." But at $750-a-day, which amounts to $195,000 if it were applied on annual basis, the amount is pay – not honorarium.

We based our cost estimates on information provided in 2007 by Richard Murphy, then interim president of CIRM. Murphy also had served as head of the Salk Institute and as a member of CIRM board.

Murphy told the California Stem Cell Report that when he did grant reviews it took him one to two weeks to review the grants and write them up, including meeting time and travel. Based on that, the proposed pay for reviewers – which covers days of service, not just actual meetings -- could run from $3,750 to $10,000 per grant ground for each reviewer. Of course, the amount depends on how fast a reviewer works and could be less or more.

The number of grant reviewers actually used varies, depending on the need for specialists. However, 13 sit as regular members of the grant review group and many, many more as alternates or ad hoc members.

Murphy spoke to us at a CIRM board meeting during which the compensation was boosted from $500 a day to the flat $2,000. The $500 only applied to meeting days. The compensation does not include travel expenses, which are also reimbursed by CIRM.

As CIRM indicated, retaining skilled reviewers appears to be getting tougher. Lifting of the federal ban on hESC grants would certainly would seem to create more demand from the NIH for scientific reviewers who might also be recruited by CIRM. And the stem field generally is much more active than it was in 2005, when CIRM got started, generating more demand for reviewers. All of those reviewers also have their own personal research projects to attend.

The need for increased CIRM incentives is also likely linked to the absence of a chief scientific officer (CSO) at CIRM. One of the “the most important and least appreciated aspects of the CSO's role has been to personally beg, harangue and plead” with other scientists to serve as reviewers, as one person told us.

The post is now vacant after the resignation of Marie Csete earlier this year. Csete had served as CIRM reviewer and was well-respected and well-known in her field, giving her the heft to bring in reviewers.

It is likely to be some months before her post is filled.

CIRM also cited as justification for the pay increase an increasing future workload as grant rounds become more complex.

Salk CEO Brody Named to CIRM Board

The latest addition to the board that controls California's $3 billion stem cell agency is an electrical engineer and a physician. He was once ranked as the highest paid university president in the United States (Johns Hopkins, 2007, $1.49 million). And in pinch he could fly you – as a pilot – to the headquarters of Novartis in Basel, Switzerland, where he sits on the board of directors of that $53 billion pharmaceutical enterprise.

William R. Brody (see photo) is the man who is coming aboard at CIRM. Last fall he took over as head of the Salk Institute in La Jolla, Ca. And last week, California Lt. Gov. John Garamendi named him to replace Martha Chandler, the executive vice president at Salk, on the CIRM board. Chandler presumably resigned in favor of her boss.

In a news release on Friday, CIRM quoted Garamendi as saying that Brody is one of the nation's leading thinkers in biomedical engineering and healthcare policy. CIRM said he has authored more than 100 medical journal articles and co-founded three medical device companies.

Brody's pedigree also includes stints on the board of directors of a number of companies. In addition to Novartis, he currently sits on the IBM board, including its executive compensation committee, and the board of the Commonweath Fund, a foundation working toward a “high performance health system.”

Brody has spoken out and written on subjects of wider interest than those in scientific journals. In 2005, he deplored “the hodgepodge of local legislation, control and restriction (that) does not recognize the fundamentally porous nature of modern research science.” And he raised the specter of a human embryonic stem cell scientist being arrested in an unfriendly state during a layover there.

Also in 2005, he made a comment which seems to have application to CIRM, which refuses to disclose the financial interests of scientists who make the de facto decisions on hundred of millions of dollars in grants. Brody wrote,

“...(C)onflict-of-interest situations should always require disclosure. Disclosure is a necessary—but not sufficient—condition for supervising conflicts of interest. Additional checks, balances or prohibitions may be required to reach an appropriate risk profile for the behavior, but full disclosure is always the vital first step.”

He had this to say on another occasion.

“In my mind, conflict of interest begins the day a scientist has an idea. Even receiving NIH grant support drives a certain mode of behavior that could conflict the objectivity of that scientist. And licensing the idea to outside interests adds additional conflicts. A surgeon who develops a new clinical procedure will want to pursue the development of that procedure—which means conflict, hopefully positive—even without the involvement of an outside company. If she invents a surgical device that enables the operation and licenses that technology to an outside company, the conflict becomes more apparent, even though the conflict was no less real before any agreement was signed. But it is probably impossible to erect a firewall between the scientist and the supposed source of conflict. I know of few surgeons who would use a device invented by someone else if that colleague, even for reasons of conflict of interest, did not use that device herself. As a venture capitalist once told me, 'No conflict, no interest.'”

The July issue of the Salk Institute's house organ carried a profile on its new CEO in which he said, “The best institutions have to have a ruthless commitment to excellence."

That effort includes, he said, “assembling the money for hefty research start-up packages for new faculty.” That could mean a vote – depending on his view of conflicts of interest – for the $40 million research recruitment plan being offered up later this week at the CIRM board meeting.

The Salk profile also has other interesting tidbits, but does not mention that Brody holds ratings as an airline transport pilot and flight instructor, which in theory could make it possible for him to wing his own way to Basel.

Brody's career is indeed impressive. However, he seems careful to soft-pedal it. As he told then San Diego Union-Tribune reporter Terri Somers in an article last fall,

“I grew up in Stockton. Someone from Stockton can't put on airs.”