On July 5, the Newsday editorial board published its opinion on the Empire State Stem Cell Board’s recent decision to compensate women who willingly undergo the process of donating eggs for research. While the opinion notes some important facts surrounding the stem cell board’s decision, including that providing compensation “is a reasonable step to promote important research that has been stalled for want of eggs”, the underlying argument of the opinion is highly troubling. Specifically, the Newsday editorial board argued that a decision such as this one should not have been made by members of the Empire State Stem Cell Board but, instead, by the New York state legislature. Speaking not only as a member of the Empire State Stem Cell Board’s Ethics Committee, but also as a former candidate for the New York State Senate, this argument implies a severe underappreciation of the work of the Board, as well as, an overestimation of the capacity of the New York Legislature.
By way of legislative history, the Empire State Stem Cell Board was established in April, 2007, under Public Health Law Article 2, Title 5A, as an entity under the New York State Department of Health. The Board has been given the express charge of administering funds and developing ethical guidelines within which stem cell research can progress in New York State. Board members, of which there are 26 serving voluntarily on one of two established committees (the Funding Committee and Ethics Committee), are all appointed by New York State elected officials: the majority and minority leaders in both houses of the Legislature, as well as, the Governor’s office. Members of the Board were chosen for their expertise in the fields of stem cell research, advocacy, medicine, and ethics. As a result of the variety of elected public officials, from both political parties, by whom members were each appointed, the Board reflects a diversity of opinions and representations of society. Like most other public commissions that are established to complete specific and complex tasks, members of the Empire State Stem Cell Board were chosen democratically, but with attention given to their contribution to a specialized field.
The field of stem cell research is complex, and integrates many aspects of society that need to be discussed progressively and cohesively. The nuances of such detailed avenues of public policy are often left in the hands of specialized public commissions, as there simply is not enough time or enough resources available to elected officials to perform these tasks themselves. To do otherwise would be to create an insurmountable amount of inefficiency and backlog in government, and would overestimate the amount of knowledge our elected officials can be expected to have on any given topic. In this very same context at the federal level, for example, President Obama brought together a body of experts under the NIH to draft guidelines for federally-funded stem cell research. Congress did not write guidelines and, frankly, would not have had the time or information to do so.
The Newsday editorial board claimed that this complex decision, “shouldn’t be made and implemented quietly by experts… no matter how thoughtful, informed, and deliberate”. But, aren’t the thoughtful, informed, and deliberate – without political agenda – precisely the people we would like to be making a decision like this? When dealing with this level of nuance for the greater public good, does it not make sense to utilize the talents of those who know the most and can act without the constraints of an upcoming election? Newsday argued that a decision, such as whether New York should provide reasonable and fair compensation to women undergoing donations of eggs to research, should be made by members of the New York state legislature, to “reflect the will, and the conscience, of the public”. Such a claim is preposterous, if not comical, given the unprecedented dysfunction the New York State Legislature finds itself in right now. There is little, if anything, that amounts to the public interest occurring in Albany at present, and the state Senate has not the will to take action on major bills pertinent to the public good, let alone a small component of a broader issue they already voted on two years ago. As we have seen all too clearly, the New York State Legislature is the epitome of legislative inaction, and there is ample reason to believe that an issue such as this, if left in the hands of the Legislature, would never reach the floor for a vote and would languish in Committee ad infinitum. Even more troubling, there would have likely been no testimony from stem cell experts, as has been standard Albany protocol for years. Finally, as the Empire State Stem Cell Board voted on and passed this decision as one of many guidelines for research in New York, it is quite possible that, if the Legislature were making these decisions, some arbitrary issues would have reached the floor for a vote but not others. Such a haphazard attention to detail is in no way a means to the public good, but instead, quite the opposite.
The Newsday editorial board entitled their opinion, “With Little Discussion, New York Crosses a Stem Cell Threshold”, a claim that is grossly misleading. The fact of the matter is that the issue of compensation to egg donors has been debated by board members for nearly two years, almost as long as the Board has been in existence. Pursuant to this issue in particular, we have been provided with thousands of pages of literature and hours of testimony from experts and representatives of all sides. All of our meetings, in accordance with the New York State Open Meetings Law, are open to the public and, for those who cannot attend, viewable online. There is nothing that is done “quietly” or outside of full public view. The intimation to the contrary is simply wrong.
The Empire State Stem Cell Board, and the legislation under which it was created, was voted on and passed by the New York State Legislature. Board members are trustees of New York State elected officials, who in turn, are delegates of New York at large. Legislation was democratically passed and, as a result, the Board fulfills its assigned duty of advancing stem cell research in New York. The Empire State Stem Cell Board, working transparently and without agenda, is in the best position to make stem cell-related decisions for the good of New York. Decisions like these are beyond the scope of the New York State Legislature, and we need expertise in order to make them properly. The future of stem cell research in New York deserves no less.