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BEFORE THE SCIENTIFIC AND MEDICAL RESEARCH FUNDING WORKING GROUP OF THE INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE ORGANIZED PURSUANT TO THE CALIFORNIA STEM CELL RESEARCH AND CURES ACT REGULAR MEETING LOCATION: INTERCONTINENTAL MARK HOPKINS NUMBER ONE NOB HILL 999 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA DATE: JANUARY 8, 2007 8 A.M. REPORTER: BETH C. DRAIN, CSR CSR. NO. 7152 BRS FILE NO.: 77090

BEFORE THE SCIENTIFIC AND MEDICAL RESEARCH FUNDING … · recommendations, but does not make final decisions. final decisions are made by our board, the icoc. we have six members

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Page 1: BEFORE THE SCIENTIFIC AND MEDICAL RESEARCH FUNDING … · recommendations, but does not make final decisions. final decisions are made by our board, the icoc. we have six members

BEFORE THESCIENTIFIC AND MEDICAL RESEARCH FUNDING WORKING GROUP

OF THEINDEPENDENT CITIZENS' OVERSIGHT COMMITTEE

TO THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINEORGANIZED PURSUANT TO THE

CALIFORNIA STEM CELL RESEARCH AND CURES ACT

REGULAR MEETING

LOCATION: INTERCONTINENTAL MARK HOPKINS NUMBER ONE NOB HILL 999 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA

DATE: JANUARY 8, 2007 8 A.M.

REPORTER: BETH C. DRAIN, CSRCSR. NO. 7152

BRS FILE NO.: 77090

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I N D E X

ITEM DESCRIPTION PAGE NO.

CALL TO ORDER 3

ROLL CALL 3

CONSIDERATION OF RECOMMENDATIONS TO THE ICOC: 14 A. DESIGNATION OF A SCIENTIFIC MEMBER OF THE GRANTS WORKING GROUP BY THE CHAIR TO SERVE AS ALTERNATE CHAIRPERSON IN THE ABSENCE OF THE CHAIR B. DESIGNATION OF AN ICOC PATIENT ADVOCATE MEMBER OF THE GRANTS WORKING GROUP BY THE VICE CHAIR TO SERVE AS ALTERNATE VICE CHAIRPERSON IN THE ABSENCE OF THE VICE CHAIR C. DESIGNATION OF OTHER PATIENT ADVOCATE MEMBERS OF THE ICOC TO SERVE AS ALTERNATES IN THE ABSENCE OF ANY OF THE ICOC PATIENT ADVOCATE MEMBERS OF THE GRANTS WORKING GROUP

PRESIDENT'S REPORT 4

PUBLIC COMMENT NONE

ADJOURNMENT TO CLOSED SESSION 43

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SAN FRANCISCO, CALIFORNIA; MONDAY, JANUARY 8, 2007

8:30 A.M.

CHAIRMAN ORKIN: I THINK WE'RE GOING TO

CALL -- I THINK WE'RE GOING TO CALL THIS TO ORDER.

WELCOME. I THINK WE'RE CALLING OURSELVES TO ORDER

HERE. WE HAVE ONE MORE MEMBER COMING, SO NOW WE HAVE A

QUORUM. FIRST ORDER IS A ROLL CALL.

DR. CHIU: SCIENTIFIC AND MEDICAL RESEARCH

FUNDING WORKING GROUP OF THE CALIFORNIA INSTITUTE FOR

REGENERATIVE MEDICINE. GOOD MORNING. I'LL DO THE ROLL

CALL.

MARCY FEIT. BOB KLEIN.

MR. KLEIN: HERE.

DR. CHIU: SHERRY LANSING. JOAN SAMUELSON.

DAVID SERRANO-SEWELL. JEFF SHEEHY. JANET WRIGHT.

DR. WRIGHT: HERE.

DR. CHIU: SUSAN BONNER-WEIR.

DR. BONNER-WEIR: HERE.

DR. CHIU: ALI BRIVANLOU.

DR. BRIVANLOU: HERE.

DR. CHIU: MARIE CSETE.

DR. CSETE: HERE.

DR. CHIU: STEVEN EMERSON.

DR. EMERSON: HERE.

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DR. CHIU: ANDREW FEINBERG.

DR. FEINBERG: HERE.

DR. CHIU: JOHN ODORICO.

DR. ODORICO: HERE.

DR. CHIU: STU ORKIN.

CHAIRMAN ORKIN: HERE.

DR. CHIU: FRANK RAUSCHER. PAUL ROBERTSON.

DR. ROBERTSON: HERE.

DR. CHIU: MIKE ROSEN.

DR. ROSEN: HERE.

DR. CHIU: JEFFREY ROTHSTEIN. DENNIS

STEINDLER.

DR. STEINDLER: HERE.

DR. CHIU: RAINER STORB.

DR. STORB: HERE.

DR. CHIU: AMY WAGERS.

DR. WAGERS: HERE.

DR. CHIU: WISE YOUNG.

DR. YOUNG: HERE.

DR. CHIU: THANK YOU.

CHAIRMAN ORKIN: WELCOME. I THINK THE FIRST

ORDER OF BUSINESS IS ACTUALLY TO TURN TO ZACH, WHO WILL

DISCUSS, I THINK IT'S, ITEM 4.

DR. HALL: HOW ABOUT IF I DO THE PRESIDENT'S

REPORT IN THE HOPE THAT SOMEBODY ELSE WILL COME AND WE

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HAVE A QUORUM. I DON'T HAVE A LOT TO SAY. SOME OF YOU

WERE HERE IN NOVEMBER. WE HAD A GRANTS REVIEW WORKING

GROUP MEETING TO EVALUATE AND REVIEW 232 SEED GRANTS,

AND I SAY THAT IN THE HOPES THAT ALL OF YOU WILL

RECOGNIZE HOW LIGHT THE LOAD IS THIS TIME. WE ONLY

HAVE 70, BUT IT WAS QUITE A REMARKABLE THREE DAYS IN

WHICH WE DID REVIEW THOSE GRANTS AND MAKE

RECOMMENDATIONS TO THE ICOC, AND WE WERE VERY PLEASED

AND EXCITED TO HAVE DONE SO.

IT WAS JUST THAT 200 GRANTS ARE MORE -- OR

232 GRANTS IS MORE THAN THE USUAL NIH STUDY SECTION

DOES IN A YEAR, SO THIS WAS QUITE AN EXTRAORDINARY

ACCOMPLISHMENT BY THE WORKING GROUP. AND I WANT TO SAY

HOW MUCH WE APPRECIATE IT TO THOSE OF YOU WHO WERE

HERE, AND FOR THOSE WHO AREN'T HOW MUCH WE APPRECIATE

THE HARD WORK AND DEDICATION FOCUSED BY ALL THE WORKING

GROUP MEMBERS WHO HELPED MAKE THIS POSSIBLE.

THOSE GRANTS WILL -- THOSE RECOMMENDATIONS

WILL THEN GO TO THE ICOC AT ITS FEBRUARY 15TH MEETING

FOR APPROVAL. AND THE STAFF IS CURRENTLY WORKING VERY

HARD TO WRITE UP BOTH THE CONFIDENTIAL SUMMARIES, WHICH

GO BACK TO THE APPLICANTS, AND THE PUBLIC SUMMARIES OF

THOSE DISCUSSIONS WHICH WILL BE PROVIDED TO THE ICOC.

AND JUST AS A REMINDER TO THOSE WHO MAY BE

NEW TO OUR PROCESS, THE WORKING GROUP MAKES

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RECOMMENDATIONS, IT REVIEWS, EVALUATES, AND MAKES

RECOMMENDATIONS, BUT DOES NOT MAKE FINAL DECISIONS.

FINAL DECISIONS ARE MADE BY OUR BOARD, THE ICOC. WE

HAVE SIX MEMBERS OF THE BOARD PLUS THE CHAIR ON THIS

WORKING GROUP AS PATIENT ADVOCATES, AND THE BOARD MAKES

ITS DECISIONS IN A PUBLIC MEETING. AND SO WE HAVE

TRIED TO DEVISE POLICIES THAT SKIRT THE LINE BETWEEN

MAINTAINING CONFIDENTIALITY AND PROVIDE AS MUCH

TRANSPARENCY AS WE CAN. WE BELIEVE THAT THE

CONFIDENTIALITY IS VERY IMPORTANT TO GET THE BEST

POSSIBLE PRODUCT OF THIS PROCESS FOR THE CALIFORNIA

PEOPLE; THAT IS, MAKING SURE THAT WE RECEIVE THE BEST

IDEAS THAT PEOPLE HAVE AND THAT WE GET THE MOST CANDID

JUDGMENTS ABOUT THOSE IDEAS AND ABOUT THOSE

APPLICATIONS AND THAT WE PROTECT UNPUBLISHED DATA AND

OTHER CONFIDENTIAL INFORMATION.

SO WE WILL PROVIDE, THEN, AT THE PUBLIC

MEETING THE TITLE OF THE GRANT. WE DO NOT PROVIDE

EITHER THE APPLICANT'S NAME OR THE INSTITUTION. WE

PROVIDE THE TITLE OF THE GRANT, WE PROVIDE A LAY

SUMMARY WHICH IS WRITTEN BY THE APPLICANT. WE PROVIDE

A BENEFIT-TO-CALIFORNIA PARAGRAPH, AND THEN WE PROVIDE

A RESUME AND SYNOPSIS OF THE DISCUSSION THAT WAS HAD

HERE, AND WE ALSO PROVIDE THE SCIENTIFIC SCORE AND WE

PROVIDE THE BUDGET, AND THEN THE ICOC MAKES ITS

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DECISIONS ON THAT BASIS.

SO WE WILL BE GOING TO THE ICOC WITH THE SEED

GRANTS FEBRUARY 15TH, AND OUR HOPE IS TO TAKE THE

RECOMMENDATIONS THAT ARE MADE IN THE NEXT SEVERAL DAYS

TO THE ICOC IN MARCH. AND THEN THIS WILL -- WE WILL BE

ABLE TO AWARD FUNDS AND GET THE MONEY OUT SHORTLY AFTER

THAT, AND WE'RE QUITE EXCITED ABOUT THIS WHOLE PROCESS

OF FINALLY GETTING STEM CELL RESEARCH GOING IN A BIG

WAY SPONSORED BY CIRM AND CALIFORNIA.

SO JUST TO SAY THAT YOU ARE PARTICIPATING IN

WHAT FOR US IS A VERY HISTORIC EVENT; THAT IS, OUR

FIRST EFFORTS TO GET MONEY OUT TO SUPPORT STEM CELL

RESEARCH IN CALIFORNIA BY THE INSTITUTE.

THERE IS A THIRD PART TO THIS, WHICH IS A

SHARED SPACE RFA; AND THAT IS THAT WE PLAN TO GIVE

MONEY TO INSTITUTIONS TO DEVELOP SPACE THAT CAN BE

USED, SHARED AMONG DIFFERENT INVESTIGATORS FOR

EMBRYONIC STEM CELL RESEARCH OUTSIDE THE FEDERAL

GUIDELINES. AS MANY OF YOU KNOW, IT'S VERY DIFFICULT

FOR INSTITUTIONS TO USE SPACE SUPPORTED IN ANY WAY BY

NIH FOR THIS RESEARCH.

I'LL JUST MAKE A NOTE; THAT IS, OUR CHAIR,

BOB KLEIN, HAS BEEN IN WASHINGTON TRYING TO WORK ON

ASPECTS OF THIS PROBLEM, AND WE HOPE THAT THERE WILL BE

A CHANCE DURING OR PERHAPS IN CONNECTION WITH THIS

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MEETING FOR HIM TO GIVE A REPORT ON THE VERY IMPORTANT

WORK THAT HE'S DONE IN WASHINGTON ON THIS ISSUE.

AT ANY RATE, THAT RFA, WHICH WILL PROVIDE

MONEY FOR DEVELOPING A MODEST AMOUNT OF SPACE; THAT IS,

UP TO 2,000 -- SEVERAL THOUSAND SQUARE FEET OF SHARED

SPACE, WE HOPE THAT RFA WILL GO OUT THIS WEEK. WE'RE

WORKING VERY HARD ON THAT. WE HAVE A TIGHT SCHEDULE TO

MEET TO MAKE THAT AWARD IN JUNE. AND IF WE ARE ABLE TO

DO THAT, THEN OVER THIS NEXT SIX MONTHS, WE WILL END UP

MAKING AN AWARD THAT, COUPLED WITH OUR TRAINING GRANTS,

WILL RESULT IN A TOTAL OF $190 MILLION COMMITTED TO

STEM CELL RESEARCH IN CALIFORNIA. SO THAT WE SEE --

THAT'S OUR GOAL, AND WE ARE WORKING VERY HARD TO

ACHIEVE THAT.

THE ONLY OTHER PERSONAL NOTE THAT I MIGHT

MAKE AS PART OF MY PRESIDENT'S REPORT, AS MANY OF YOU

MAY KNOW, I ANNOUNCED AT THE DECEMBER BOARD MEETING

THAT I WILL BE STEPPING DOWN SOMETIME IN THE NEXT SIX

MONTHS. I'M AT THE TIME IN MY LIFE AND CAREER WHEN I'M

READY TO RETIRE AND STOP WORKING SO HARD, AND I WOULD

LIKE VERY MUCH TO GET MOST OR ALL OF THE FUNDS OUT FOR

THESE THREE RFA'S BEFORE I LEAVE. THAT WILL BE MY

OBJECTIVE, BUT THE ICOC WILL BE LOOKING FOR A NEW

PRESIDENT. SO IF ANY OF YOU IN THE AUDIENCE OR BEHIND

THE TABLE ARE INTERESTED, BY ALL MEANS CONTACT THE

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ICOC.

SO I THINK THAT CONCLUDES THE PRESIDENT'S

REPORT AS FAR AS I'M CONCERNED; AND IF THERE ARE ANY

QUESTIONS OR COMMENTS ON IT, I'D BE HAPPY TO ANSWER

THEM AT THIS TIME.

MR. SIMPSON: JOHN SIMPSON, FOUNDATION FOR

TAXPAYER AND CONSUMERS RIGHTS. I DIDN'T REALLY GET A

CHANCE TO DO THIS AT THE ICOC MEETING, BUT I JUST

WANTED TO PUBLICLY ACKNOWLEDGE THE TREMENDOUS

CONTRIBUTIONS DR. HALL HAS MADE AND SAY THAT ALL OF US

IN CALIFORNIA ARE APPRECIATIVE OF ALL THOSE EFFORTS.

HE AND I DON'T ALWAYS SEE EYE TO EYE ON EVERY ISSUE,

BUT I THINK I HAVE BEEN A CONSTRUCTIVE CRITIC. I HAVE

FOUND THAT HE'S ALWAYS A CONSTRUCTIVE LISTENER, AND I

APPRECIATE THAT VERY, VERY MUCH.

THE SECOND THING I WANTED TO DO, IF YOU HAVE

NOT SEEN IT, IS REFER ALL OF YOU TO TODAY'S OAKLAND

TRIBUNE, WHICH HAPPENS TO INCLUDE AN OP ED PIECE BY

MYSELF IN WHICH I TRY TO SUGGEST THAT THIS PROCESS

COULD INDEED BE A LITTLE BIT MORE TRANSPARENT AND DRAW

ATTENTION TO WHAT'S BEEN DONE IN CONNECTICUT.

EVERYTHING FOLLOWS PRETTY MUCH THE SAME WAY

EXCEPT THAT NAMES OF THE PEOPLE WHO ARE APPLYING ARE

ALL PART OF THE RECORD, AND THAT'S DONE IN A PUBLIC

MEETING. WE THINK THAT THAT'S A VERY IMPORTANT

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ADDITION, AND THAT IT WOULD BOLSTER THE PUBLIC'S TRUST

IN THIS VERY IMPORTANT KIND OF RESEARCH. SO I WOULD

COMMEND THE COMMITTEE'S ATTENTION, ONCE AGAIN, TO THE

WAY IT'S DONE IN CONNECTICUT, SPECIFICALLY DR. WARREN

WOLLSCHLAGER WITH THE OFFICE OF RESEARCH AND

DEVELOPMENT IN CONNECTICUT, DEPARTMENT OF PUBLIC

HEALTH. THAT'S THE AGENCY THAT IS, IN FACT, HANDLING

THEIR STEM CELL PROGRAM. AND IRONICALLY THE EQUIVALENT

OF THIS COMMITTEE, THEIR PEER REVIEW COMMITTEE, IT'S A

SMALLER GROUP, IT HAPPENS TO BE CHAIRED BY A

CALIFORNIAN, DR. LESLIE WEINER, WHO IS CHAIRMAN OF THE

NEUROLOGY DEPARTMENT AT USC'S KECK SCHOOL OF MEDICINE.

AND HE AND I HAD A LONG CONVERSATION ABOUT

ALL THIS PROCESS. AND ONE OF THE THINGS HE WAS

SUGGESTING WAS THAT AT SOME POINT EVERYONE WHO WAS

INVOLVED IN THESE KINDS OF THINGS STEP BACK AND DO SOME

REVIEW OF THE REVIEW. I WOULD SUGGEST THAT AT AN

APPROPRIATE TIME DOWN THE ROAD SOME KIND OF REVIEW OF

THE REVIEW PROCESS, AGAIN, WOULD BE A STEP THAT WOULD

BOLSTER THE PUBLIC'S TRUST AND CREDIBILITY IN WHAT IS A

TREMENDOUSLY IMPORTANT PROJECT FOR ALL CALIFORNIANS.

THANK YOU VERY MUCH. AGAIN, DR. HALL, THANK YOU.

DR. HALL: THANK YOU, JOHN. LET ME JUST SAY

THAT WE'RE VERY INTERESTED IN THIS AND HAVE ACTUALLY

BEGUN TO MAKE PLANS FOR GETTING TOGETHER SOME OF THE

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AGENCIES IN DIFFERENT STATES TO DISCUSS COMMON PROBLEMS

AND OUR DIFFERENT EXPERIENCES WITH HAVING GRANTS

AWARDED IN A DIFFERENT WAY. THAT'S CERTAINLY ONE OF

THOSE TOPICS WE'RE VERY INTERESTED IN, BOTH FOR

CONVEYING OUR OWN EXPERIENCE AND LEARNING WHAT WE CAN

ABOUT THE OTHER ORGANIZATIONS.

MR. REED: DON REED, CALIFORNIANS FOR CURES.

THIS THURSDAY, AS I UNDERSTAND IT, THE HOUSE OF

REPRESENTATIVES WILL BE CONSIDERING HR 810, THE STEM

CELL ENHANCEMENT ACT, NOW I THINK HR 3, SENATE 5, WHICH

IS BASICALLY THE SAME THING AS THE CASTLE-DEGETTE BILL,

IS GOING TO COME BACK AGAIN. AND I REALLY HOPE THAT

YOU GET AN OPPORTUNITY TO SPEAK ABOUT THIS, THAT ONE OF

THE THINGS TO CONSIDER IS THE MATCHING GRANTS BECAUSE

MANY OF THE GRANTS THAT WE DO HERE THAT YOU GUYS

APPROVE WOULD BE ELIGIBLE FOR MATCHING GRANTS FROM THE

NIH IF A STEM CELL ENHANCEMENT ACT DOES PASS. AND THIS

IS GIGANTIC.

ONE SMALL EXAMPLE. THE ROMAN REED ACT, WE

HAD A $120,000 GRANT TO DR. REGGIE EDGERTON AT UCLA TO

DEVELOP A ROBOTIC FOOT REPLACEMENT SO THAT YOU MIGHT

HAVE SEEN CHRISTOPHER REEVE SUSPENDED ABOVE A

TREADMILL, AND THE FEET WOULD MOVE BY PEOPLE, BUT THIS

IS VERY LABOR INTENSIVE AND NOT PRACTICAL. EVEN THOUGH

IT WOULD BE VALUABLE FOR MOST PARALYZED PEOPLE, IT

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COSTS TOO MUCH MONEY. IF THERE WAS A MACHINE THAT

WOULD -- REGGIE EDGERTON CREATED A MACHINE FOR RATS TO

WORK WITH THEM, MOVE THEIR FEET. IT'S A ROBOTIC

DEVICE, AND WE PAID $120,000. NIH CAME IN WITH FOUR

AND A HALF MILLION IN MATCHING GRANTS. CHRISTOPHER

REEVE GAVE 881,000. SO THE MATCHING GRANTS WERE

GIGANTIC.

AS IT IS NOW IN CALIFORNIA, MOST RESEARCHERS

ARE INELIGIBLE FOR MATCHING GRANTS BECAUSE OF THE

CURRENT RESTRICTIONS. IF THE STEM CELL RESEARCH

ENHANCEMENT ACT PASSES, OUR CALIFORNIA RESEARCHERS WILL

GET MANY TIMES THE BANG FOR THE BUCK AND WILL BE ABLE

TO GET MILLIONS AND MILLIONS IN MATCHING GRANTS. JUST

SOMETHING TO THINK ABOUT. THANK YOU.

MR. KLEIN: DON, BOB KLEIN. WHILE I'D LIKE

TO BE OPTIMISTIC ABOUT THE PASSING OF HR 3 OR SENATE

BILL 5, I THINK WE'RE WITHIN RANGE OF A VETO OVERRIDE

IN THE SENATE, BUT WE'RE 25 TO 34 VOTES SHORT IN THE

HOUSE AT THE MOMENT. THINGS CAN CHANGE, BUT IT IS, OF

COURSE, IMPORTANT THAT, EVEN IF THE OVERRIDE ONLY

OCCURS IN THE SENATE OR IF IT OCCURS IN THE SENATE, IT

IS A TREMENDOUS MESSAGE GLOBALLY. I THINK THAT MESSAGE

INFLUENCED THE AUSTRALIANS TO MAKE A CHANGE IN

RESTRICTIONS, WHICH, AS MANY OF YOU KNOW, THREE WEEKS

AGO APPROXIMATELY THE AUSTRALIANS LIFTED THEIR

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RESTRICTIONS, INCLUDING THE RESTRICTION ON SCNT. AND

JOHN HOWARD, THE PRIME MINISTER THERE, MADE IT A

CONSCIENCE VOTE.

AS THE HOUSE AND SENATE VOTED IN THE UNITED

STATES, IT WAS CLEAR THAT IT WAS A FREIGHT TRAIN OF

PUBLIC OPINION THAT WOULD BE PERHAPS BETTER FOR PEOPLE

NOT TO BE IN FRONT OF. BUT WHILE WE SEE THESE VOTES

CONVEYING IMPORTANT MESSAGES IN THIS COUNTRY AND

GLOBALLY, I THINK THAT WE SHOULD HAVE A COMMITMENT TO

WORKING THROUGH THIS VOTE AND TO FUTURE VOTES WHICH

HOPEFULLY WILL GET THIS PASSED. THERE IS OTHER

CRITICAL LEGISLATION THAT WILL ENHANCE OUR ABILITY TO

DO STEM CELL RESEARCH THAT I THINK WILL GET PASSED AND

POTENTIALLY AS A RIDER TO OTHER MUST-PASS LEGISLATION

NOT VETOED. BUT WITH YOUR PASSION, PERHAPS THAT MARGIN

OF VOTES WILL CHANGE THAT WE NEED IN THE HOUSE, AND

CERTAINLY THE ADVOCACY BEST EFFORTS TO SEE THAT THAT

HAPPENS ARE EXTREMELY IMPORTANT.

MR. REED: NOBODY IS MORE PASSIONATE THAN THE

PREVIOUS SPEAKER AND MORE EFFECTIVE. I WONDER, BOB,

WHAT IS YOUR THOUGHTS ON ATTACHING THE STEM CELL

RESEARCH ENHANCEMENT ACT TO BUDGET MUST-PASS

LEGISLATION?

MR. KLEIN: I THINK THIS IS A DIFFERENT

DISCUSSION, AND I APPRECIATE VERY MUCH THE FACT OF ITS

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TIMELINESS, BUT I THINK IN THIS SESSION WE NEED TO

FOCUS ON THE CRITICAL NATURE OF THE AGENDA WE HAVE

BEFORE US. I'LL BE HAPPY TO TALK TO YOU AFTERWARDS.

CHAIRMAN ORKIN: I THINK THE NEXT ITEM, I'LL

TURN TO ZACH, IS CONSIDERATION OF RECOMMENDATIONS TO

THE ICOC.

DR. HALL: WE HAVE SEVERAL SORT OF PROCEDURAL

MATTERS THAT WE NEED TO DEAL WITH. LET ME JUST OUTLINE

THEM, THE THREE AT ONCE FIRST, AND THEN WE CAN GO BACK

OVER THEM ONE BY ONE.

FIRST OF ALL, WE HAVE OCCASIONS WHEN EITHER

THE CHAIR OR THE VICE CHAIR ARE UNABLE TO BE HERE

EITHER BECAUSE THEY MAY HAVE A CONFLICT OF INTEREST AND

HAVE TO STEP OUT OF THE ROOM OR BECAUSE OF A SCHEDULE

CONFLICT WHEN THEY ARE UNABLE TO MAKE AN ENTIRE

MEETING. SO WE WOULD LIKE TO PROPOSE TO THE ICOC THAT

THE CHAIR OR THE VICE CHAIR HAVE THE AUTHORITY TO

APPOINT AN ALTERNATE PERSON IN THEIR ABSENCE EITHER

TEMPORARILY OR FOR A MEETING. THIS WOULD NOT BE MORE

THAN THAT. SO THOSE ARE ITEMS NO. 1 AND 2.

ITEM NO. 3 IS, ALTHOUGH THERE ARE ALTERNATES

FOR THE SCIENTIFIC MEMBERS OF THE GRANTS WORKING GROUP,

WE HAVE NO PROVISION FOR ALTERNATES FOR THE PATIENT

ADVOCATES. AND THIS PUTS A TREMENDOUS BURDEN ACTUALLY

ON THE PATIENT ADVOCATES FOR THESE WORKING GROUP

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MEETINGS. AND SO THE IDEA WOULD BE TO PROPOSE TO THE

ICOC THAT THEY DEVELOP SOME MECHANISM FOR PROVIDING

ALTERNATES FOR PATIENT ADVOCATES IN CASES WHERE THEY'RE

UNABLE TO COME OR WHERE THE SCHEDULE HAS JUST BECOME SO

STRENUOUS THAT THEY NEED TO TAKE A MEETING OFF AND WE

CAN HAVE A MECHANISM FOR HAVING ANOTHER PERSON BE

PRESENT.

SO THOSE ARE THE THREE ITEMS THAT WE WANT TO

CONSIDER. I GUESS WE STILL DO NOT HAVE A QUORUM, AND

SO MAYBE WE COULD TAKE THEM -- MAYBE USE THE CONSENSUS

MECHANISM, IF WE CAN REACH A CONSENSUS ON EACH OF THESE

THREE, SO THAT THEY CAN BE PROPOSED TO THE ICOC.

AND I APOLOGIZE THAT WE DON'T HAVE -- WE DO

NOT HAVE THE LANGUAGE CRAFTED FOR EACH OF THESE, BUT WE

WILL BE HAPPY TO DO THAT FOR THE ICOC GIVEN AN

APPROPRIATE MOTION FROM THIS GROUP.

LET'S TAKE THEM UP ONE BY ONE. ACTUALLY I'LL

TURN IT BACK TO THE CHAIR TO CONSIDER EACH OF THESE.

IF WE CAN CONSIDER A MOTION, A SECOND, ANY DISCUSSION

BY THE WORKING GROUP, ANY DISCUSSION BY THE PUBLIC, AND

THEN TAKING A VOTE. I CAN SEE CHIEF LEGAL COUNSEL IS

VERY RESTIVE OVER HERE. I MUST HAVE DONE SOMETHING

THAT LEADS OUTSIDE THE BOUNDS OF EITHER PROPRIETY OR

THE LAW. SO LET ME TURN TO SCOTT TOCHER.

MR. TOCHER: IF IT STAYS IN THIS ROOM, IT'S

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FINE. IT'S BRILLIANT RIGHT UP TO THE POINT OF A

MOTION. SINCE WE DON'T HAVE A QUORUM, WE COULDN'T TAKE

AN OFFICIAL VOTE; HOWEVER, FINDING OUT WHAT THE GENERAL

CONSENSUS OF THE MEMBERS ARE IS ACCEPTABLE.

DR. HALL: MOTION FOR A CONSENSUS VOTE, STRAW

VOTE. AT ANY RATE, WHATEVER THE MECHANISM, WE HAVE TWO

MEMBERS ON THEIR WAY, AND MAYBE THEY WILL ARRIVE

MOMENTARILY. WE CAN GO THROUGH AND GET STARTED ON IT

AND SEE.

CHAIRMAN ORKIN: IS THERE ANY COMMENT ON THE

DESIGNATION OF AN ALTERNATIVE CHAIR TO THE WORKING

GROUP? I MAY HAVE INSTIGATED THIS BECAUSE I'M UNABLE

TO MAKE THE NEXT MEETING, I BELIEVE. COMMENTS FROM THE

GROUP?

MR. SIMPSON: JUST A QUESTION ON THE

MECHANISM OF THAT. WOULD THIS PERSON BE ANNOUNCED IN

ADVANCE SO THAT PEOPLE WOULD KNOW WHO IT WAS AND THAT

SORT OF THING? WOULD IT BE SUBSEQUENT OR AN AD HOC

EVENT?

DR. HALL: THERE ARE TWO CIRCUMSTANCES.

DURING THE COURSE OF A MEETING, THERE'S A CONFLICT OF

INTEREST TO A PERSON WHO MUST STEP OUT OF THE ROOM, AND

THEN WE NEED SOMEBODY TO DO THAT. I THINK THAT

PROBABLY WOULD NOT BE ANNOUNCED BECAUSE IT MAY BE THAT

THE FIRST SUBSTITUTE, THAT WOULD BE DONE SORT OF BY

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ACCORDING TO WHO WAS THERE. BUT CERTAINLY THE CHAIR

FOR AN UPCOMING MEETING WOULD BE ANNOUNCED IN ADVANCE.

MR. KLEIN: STUART, BOB KLEIN. CERTAINLY I

THINK IT'S GOOD FOR THE RECORD TO HAVE SOME DISCUSSION

OF THE ASSUMPTIONS HERE BECAUSE WHILE THERE MAY BE

THOUSANDS OF PEOPLE WHO LOOK AT THIS ONLINE AS A

TRANSCRIPT, THERE ARE FEW IN THE AUDIENCE. SO PUTTING

AS MUCH ON THE RECORD AS POSSIBLE THAT'S ASSUMED IN

THIS MOTION IS VALUABLE.

BUT I WOULD ASSUME THAT WHAT WE'RE TALKING

ABOUT IS DESIGNATING INDIVIDUALS WHO ARE ALREADY ON

THIS COMMITTEE WHO HAVE COMPLIED WITH ALL THE

REQUIREMENTS OF THE COMMITTEE, ALREADY BEEN SCREENED

AND APPROVED BY THE BOARD FOR MEMBERSHIP ON THE

COMMITTEE.

CHAIRMAN ORKIN: I BELIEVE THAT'S RIGHT.

DR. HALL: THAT'S EXACTLY RIGHT, YES.

MR. KLEIN: WE'RE TALKING ABOUT STAYING

COMPLETELY WITHIN THE FRAMEWORK OF THE PREVIOUS

DISCLOSURE, THE PREVIOUS PUBLIC MEETING APPROVALS BY

THE ICOC, THE OVERSIGHT COMMITTEE, AND INDIVIDUALS WHO

WOULD BE TAKING THIS POSITION WOULD BE COMPLYING WITH

ALL THE PROVISIONS IN PLACE FOR THE CHAIRMAN AS THEY

CURRENTLY EXIST.

DR. HALL: THANK YOU, BOB. THAT IS EXTREMELY

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IMPORTANT. ADDITIONAL NOTE HERE, I MEAN ONE POSSIBLE

ALTERNATIVE WAY OF HANDLING THIS IS TO HAVE A FIXED

PERSON WHO WOULD BE THE ALTERNATE. AS YOU ALL KNOW,

ACCORDING TO THE STRATEGIC PLAN, WE MAY BE RUNNING SIX

OR MORE REVIEW SESSIONS IN A YEAR. AND SO THEN IT

BECOMES A QUESTION OF TRYING TO -- I SHOULD HAVE

INTRODUCED THAT MORE GENTLY. I SHOULDN'T HAVE SLIPPED

THAT IN. BUT WE HAVE A LARGE POOL OF ALTERNATES FROM

WHICH TO CHOOSE. OFTEN PUTTING TOGETHER A REVIEW GROUP

IS A MATTER OF SCHEDULE. WE'D LIKE TO HAVE SOME

FLEXIBILITY IN CASE EVEN A COUPLE PEOPLE CAN'T MAKE IT

AND THAT WE'LL BE ABLE TO CHOOSE SOMEBODY ELSE TO DO

THAT. SO THAT'S THE REASON FOR DOING IT IN THIS WAY,

BUT THANK YOU, BOB. EXTREMELY IMPORTANT POINT THAT

SHOULD BE FORMALLY STATED HERE AND WILL BE STATED IN

WHATEVER WRITTEN MATERIAL WE HAVE, THAT THIS WILL BE

SOMEBODY CHOSEN FROM THE GROUP THAT HAS BEEN ALREADY

APPROVED BY THE ICOC.

CHAIRMAN ORKIN: ADDITIONAL COMMENTS?

DR. CHIU: I GUESS I JUST WANT TO CLARIFY

THAT FOR CONSIDERATION, THE AGENDA ITEM IS DESIGNATION

OF A SCIENTIFIC MEMBER OF THE GRANTS WORKING GROUP BY

THE CHAIR TO SERVE AS ALTERNATE CHAIRPERSON, AND

SIMILARLY, DESIGNATION OF AN ICOC PATIENT ADVOCATE

MEMBER OF THE WORKING GROUP TO SERVE AS VICE CHAIR AS

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NEEDED AND DESIGNATED BY THE CHAIR AND VICE CHAIR

RESPECTIVELY.

MR. KLEIN: AND, ARLENE, IN TERMS OF THAT

CLARIFICATION, THE COMMENTS I MADE AS TO THE CHAIR

WOULD ALSO BE COMMENTS THAT WOULD BE APPROPRIATE TO THE

VICE CHAIR. THE PATIENT ADVOCATE MEMBER WOULD HAVE

FILLED OUT FORM 700 WITH A FULL DISCLOSURE OF THEIR

FINANCIAL INTERESTS AND WILL HAVE MET ALL THE

REQUIREMENTS OF THE BOARD AND HAVE BEEN SELECTED BY THE

BOARD TO SERVE ON THIS COMMITTEE. SO I WANT TO ASSURE

EVERYONE THAT ALL OF THE FIREWALLS ARE IN PLACE TO

PROTECT THE PUBLIC, AND ALL OF THE DISCLOSURE

REQUIREMENTS ARE IN PLACE.

MR. SIMPSON: FINAL COMMENT FROM JOHN

SIMPSON, FOUNDATION FOR TAXPAYER AND CONSUMER RIGHTS.

THIS KIND OF FLEXIBILITY IS ABSOLUTELY ESSENTIAL AS

LONG AS THE FIREWALLS ARE IN PLACE. I THINK IT'S

WONDERFUL AND PARTICULARLY IMPORTANT THAT WE ALL IN

CALIFORNIA RECOGNIZE THAT YOU ARE ALL SCIENTISTS COMING

FROM OUT-OF-STATE AND DOING THIS WITHOUT PAY. IT IS A

TREMENDOUS CONTRIBUTION TO US, AND WE ARE ALL

APPRECIATIVE OF THAT. THANK YOU.

CHAIRMAN ORKIN: THANK YOU. WE DO IT WITH

PAY, NOT VERY MUCH PAY.

MR. KLEIN: IT'S A PER DIEM, VERY LOW LEVEL,

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NOT CERTAINLY THE COMPENSATION YOU DESERVE.

DR. HALL: SO WHAT'S THE PROPER PROCEDURE,

SCOTT? SHOULD WE ASK FOR A CONSENSUS VOTE OR STRAW

VOTE?

MR. TOCHER: I THINK THAT'S FINE. YOU COULD

ASK IF THERE'S ANY OBJECTION TO -- ANY OBJECTION TO THE

SUBSTANCE OF THE RECOMMENDATIONS THEMSELVES, AND WE CAN

INDICATE TO THE ICOC THAT THERE WAS NO OBJECTION OR

THERE WAS --

DR. HALL: PUT, I THINK, A MORE POSITIVE WAY,

IS THERE SUPPORT FOR THE FIRST TWO? SINCE WE ENDED UP

ACTUALLY TALKING ABOUT THE FIRST TWO, LET'S DO IT ONE

BY ONE.

CHAIRMAN ORKIN: SO FOR THE DESIGNATION OF

SCIENTIFIC MEMBER AS AN ALTERNATE, DO WE HAVE SUPPORT?

MR. KLEIN: JUST A SHOW OF HANDS.

CHAIRMAN ORKIN: THOSE IN SUPPORT? THOSE

OPPOSED? I THINK IT'S A UNANIMOUS CONSENSUS.

I GUESS THE SECOND ONE IS THE SAME FOR THE

DESIGNATION OF THE ICOC PATIENT ADVOCATE MEMBER

ALTERNATE. ANY SHOW OF HANDS FOR SUPPORT?

MR. KLEIN: YOU MIGHT, BECAUSE IT IS A

SEPARATE ITEM, ASK IF THERE IS SEPARATE PUBLIC COMMENT.

CHAIRMAN ORKIN: OKAY. I THINK ANY

ADDITIONAL COMMENT? NO. OKAY. SUPPORT, THOSE IN

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SUPPORT? THOSE OPPOSED? UNANIMOUS CONSENSUS.

FOR THE THIRD ONE --

DR. HALL: THIRD ONE, THE POINT OF THE THIRD

ONE IS THAT THERE ARE SIX PATIENT ADVOCATE MEMBERS

APPOINTED TO THIS WORKING GROUP -- ASSIGNED TO THIS

WORKING GROUP BY THE ICOC. AND THERE IS NO PROVISION

FOR SUBSTITUTING FOR ANY OF THEM, SUBSTITUTION BY OTHER

ICOC WORKING GROUP MEMBERS. AND SO THE QUESTION IS --

JOAN, THIS IS OUR VICE CHAIR. GLAD TO SEE

HER.

CHAIRMAN ORKIN: IN TERMS OF THE PRIOR ITEMS,

WE CAN GO BACK AND YOU CAN --

MR. TOCHER: YOU CAN. THE RECORD SHOULD SHOW

THAT VICE CHAIR JOAN SAMUELSON IS HERE AND WE HAVE A

QUORUM.

MR. KLEIN: MAYBE WE CAN GO ON TO THE NEXT

ITEM AND COME BACK.

DR. HALL: LET ME JUST BRING YOU UP TO DATE.

WE HAVE CONSIDERED A RECOMMENDATION THAT THE ICOC --

THAT THE CHAIR BE ALLOWED TO APPOINT AN ALTERNATE

CHAIRPERSON IN THE EVENT THAT EITHER YOU HAVE TO LEAVE

THE ROOM FOR A MEETING OR THAT THEY ARE UNABLE TO MAKE

ONE OF OUR MEETINGS. AND THAT PERSON WOULD COME FROM

THE GROUP OF WORKING GROUP MEMBERS WHO HAVE ALREADY

BEEN APPROVED BY THE ICOC, WHO ALREADY HAVE FILED

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FINANCIAL INFORMATION FORMS. AND THERE WAS A UNANIMOUS

CONSENT VOTE FOR THAT.

MR. KLEIN: THAT WAS A STRAW VOTE BECAUSE WE

DIDN'T HAVE A QUORUM PRESENT. STRAW VOTE OF THE

DISCUSSION BEING REPORTED.

DR. HALL: SECOND IS A SIMILAR THING FOR THE

VICE CHAIR, WHICH IS YOU STEP OUT OF THE ROOM, THEN YOU

WOULD BE ABLE --

VICE CHAIRPERSON SAMUELSON: I'VE READ IT. I

WANT TO GO BACK TO THE DRAWING BOARD. AND WE DIDN'T

HAVE A QUORUM. I THINK THERE'S NO CERTAINLY NO HARM,

NOR FOUL. NOT HAVING SEEN THIS AGENDA BEFORE IT WENT

OUT, I DIDN'T HAVE AN OPPORTUNITY TO WEIGH IN. I THINK

AT MOST IT SHOULD BE A DISCUSSION ITEM THAT WE COULD

CERTAINLY TALK ABOUT, BUT I'M NOT ENTIRELY SURE WHAT IS

MEANT. AND I'D ALSO LIKE TO GET JAMES HARRISON TO

WEIGH IN ON WHAT THE IMPLICATIONS OF IT WOULD BE.

SO, FOR EXAMPLE, THE FIRST ONE, IT SEEMS TO

ME THAT IF THIS IS WHEN THE WORKING GROUP IS DOING

ACTUAL PEER REVIEW, THAT THAT MAKES SOME SENSE TO HAVE

ANOTHER SCIENTIST AVAILABLE. AT SOME OTHER POINT IN

OUR DELIBERATIONS, SUCH AS A PUBLIC MEETING, I THINK

THE FUNCTION OF TAKING OVER THE GAVEL OF THE CHAIR IS

MY FUNCTION. I WOULD WANT TO KNOW WHAT EXACTLY ARE THE

OPPORTUNITIES FOR WHEN WE WOULD BE USING THAT, WHERE IS

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THAT REALLY APPROPRIATE WITHOUT DILUTING OR TRIMMING

OTHER APPROPRIATE AUTHORITY.

AND ON THE VICE CHAIR AND THE DESIGNATION OF

OTHER PATIENT ADVOCATE MEMBERS TO FILL IN FOR OTHER

PATIENT ADVOCATES ON THE WORKING GROUP, I THINK THOSE

ARE THE FUNCTION OF THE PATIENT ADVOCATES THEMSELVES

AND REALLY DOESN'T NEED TO BE THE WORK OF THE FULL

WORKING GROUP. SO WE AMONG THE PATIENT ADVOCATES CAN

DISCUSS WHAT WE NEED THERE. AND, IF NECESSARY, IF

JAMES THINKS WE NEED SOME KIND OF AUTHORITY TO DO IT

ASIDE FROM JUST INFORMAL ASSISTANCE, THEN WE CAN BRING

IT BACK TO THE WORKING GROUP.

DR. HALL: LET ME JUST SAY THERE WAS NO

INTENT FOR THE WORKING GROUP TO APPOINT THE ALTERNATE,

THE ALTERNATE VICE CHAIRPERSON. IT IS YOUR

PREROGATIVE. THE INTENT OF THIS WAS TO AUTHORIZE YOU

TO DO THAT -- AS A MEMBER OF THE ICOC TO DO THAT AND

ASK THE GRANTS WORKING GROUP TO APPROVE THAT.

VICE CHAIRPERSON SAMUELSON: AS I JUST SAID,

I THINK THAT'S THE PURVIEW OF THE PATIENT ADVOCATES.

AND I WOULD AT LEAST WANT US TO HAVE AN OPPORTUNITY TO

CHEW ON THIS WITH A LITTLE BIT OF TIME TO THINK ABOUT

IT, WHETHER WE REALLY NEED THAT KIND OF FORMAL

AUTHORITY, AS WELL AS HAVING JAMES WEIGH IN ON IT.

MR. KLEIN: BOB KLEIN FOR THE RECORD. AND IF

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EACH PERSON IDENTIFIES THEMSELVES, THAT'S HELPFUL FOR

THE TRANSCRIPT.

VICE CHAIRPERSON SAMUELSON: I'M JOAN

SAMUELSON.

MR. KLEIN: JOAN, IF I CAN UNDERSTAND. YOUR

FIRST POINT IS THAT YOU ARE VERY SUPPORTIVE OF THE

CHAIR APPOINTING ANOTHER SCIENTIST TO REPLACE HIM IF

THE CHAIR CAN'T BE THERE DURING THE SCIENTIFIC PEER

REVIEW.

VICE CHAIRPERSON SAMUELSON: AS A WAY TO

MANAGE THAT PROCESS, CERTAINLY THAT MAKES SENSE.

MR. KLEIN: YOUR POINT, AS I UNDERSTAND IT,

IS DURING THE PUBLIC MEETINGS WHERE WE'RE DISCUSSING

PUBLIC POLICY, THAT YOU THINK THAT IF THE CHAIR IS NOT

ABLE TO BE THERE, THAT IT'S APPROPRIATE FOR THE VICE

CHAIR TO BE INVOLVED IN LEADING THE DISCUSSION ON

PUBLIC POLICY.

VICE CHAIRPERSON SAMUELSON: YEAH. AND SO I

WOULD THINK THAT WE WANT JAMES TO WEIGH IN ON IF WE

THINK WE NEED SOMETHING TO THIS EFFECT THAT WOULD GO TO

THE ICOC, THAT WE BE CAREFUL ABOUT HOW WE'RE RAISING

IT.

MR. KLEIN: SO IT SEEMS TO ME, MR. CHAIRMAN,

THAT THIS IS REALLY KIND OF AN AMENDMENT TO THE PRIOR

DISCUSSION AND INFORMATION THAT WASN'T AVAILABLE

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BECAUSE THERE WAS UNANIMOUS CONSENT TO MAKE SURE THAT

THERE IS CONTINUITY IN THE ROLE, BUT THIS SEEMS LIKE A

COMPLEMENTARY PIECE OF INFORMATION AND IS A

MODIFICATION OF ONLY A PORTION OF THAT PRIOR

RECOMMENDATION. PERHAPS WE SHOULD JUST SEE IF THERE IS

DISCUSSION ON THAT ITEM.

VICE CHAIRPERSON SAMUELSON: AND I WOULD LIKE

THIS WHOLE DISCUSSION TO BE THAT, DISCUSSION, RATHER

THAN FOR A VOTE.

DR. HALL: JOAN, THE PRACTICAL PROBLEM IS

THAT WE ARE NOW TRYING TO ORGANIZE AND WILL BE

ORGANIZING A REVIEW SESSION FOR WHICH THE CHAIR CANNOT

BE PRESENT. SO I WOULD -- I THINK YOUR AMENDMENT, AS

FAR AS I'M CONCERNED, IS A PERFECTLY REASONABLE ONE.

IT WOULD BE NICE IF WE COULD GET APPROVAL BY THIS GROUP

AND THEN BY THE ICOC FOR THIS SO THAT THE LEGAL WAY

WOULD BE CLEARED FOR US TO DO THE SCIENTIFIC REVIEW.

VICE CHAIRPERSON SAMUELSON: I'D RATHER NOT

MOVE AHEAD. AND PROCEDURALLY, IF WE DIDN'T HAVE A

QUORUM, WHICH I'M RESPONSIBLE FOR, AND I APOLOGIZE, WE

DIDN'T HAVE A LEGAL VOTE, SO WE WILL HAVE TO GO BACK TO

SQUARE ONE.

MR. KLEIN: JOAN, IN TERMS OF THE TECHNICAL

SIDE OF THIS HERE, PREVIOUSLY THERE WAS A SHOWING OF

HANDS TO GET A FEELING OF THE GROUP, AND THERE CAN

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CERTAINLY STILL BE THE SAME EXPRESSION BECAUSE, AS THE

VICE CHAIR KNOWS, YOU CAN RESERVE THE ABILITY AND RIGHT

TO HAVE SOME TIME TO THINK ABOUT THIS AND PRESENT YOUR

IDEAS IN FULL AT THE BOARD. GIVEN WE ALREADY HAVE A

STRAW VOTE, IT WOULD BE APPROPRIATE TO HAVE A STRAW

VOTE INDICATING WHETHER PEOPLE ARE SUPPORTIVE OF YOUR

MODIFICATION.

VICE CHAIRPERSON SAMUELSON: I'M NOT A BIG

FAN OF STRAW VOTES. IF WE HAVE A QUORUM, WE CAN DO

BUSINESS. IF WE DON'T, WE SHOULDN'T BE DOING THAT.

I GUESS ONE QUESTION IS, STUART, DO YOU HAVE

A PLAN TO NEED TO BE NOT PRESENT AT THE NEXT REVIEW?

CHAIRMAN ORKIN: YES. THAT WAS THE EVENT

THAT PROBABLY TRIGGERED THIS DISCUSSION.

VICE CHAIRPERSON SAMUELSON: YOU WON'T BE

THERE FOR THE WHOLE REVIEW?

CHAIRMAN ORKIN: I THINK GOING FORWARD IT'S

CLEAR THAT, WHOEVER THE CHAIR IS, THIS CIRCUMSTANCE

WILL PERIODICALLY HAPPEN. I THINK WE NEED TO BE

PREPARED TO DEAL WITH IT.

MR. KLEIN: JOAN, PART OF THE DISCUSSION THAT

PREVIOUSLY OCCURRED, THEY RAISED THE POINT THAT IF THE

CHAIR HAS, DURING THE SCIENTIFIC PEER REVIEW, A

CONFLICT, THE NEED TO SUBSTITUTE A CHAIR DURING THE

PEER REVIEW. AND SO IT WOULD BE VERY GOOD TO GET THIS

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POLICY CLEAR AND IN PUBLIC DISCUSSION TO HAVE A SENSE

FOR THE PUBLIC OF WHICH WAY WE'RE GOING. IT SEEMS LIKE

YOU ARE SUPPORTIVE OF DURING THE SCIENTIFIC REVIEW THIS

SUBSTITUTE BEING AVAILABLE.

VICE CHAIRPERSON SAMUELSON: YEAH. YEAH. I

THINK THAT WOULD BE FINE. I'M NOT SURE THAT IT'S

ACTUALLY GOING TO NEED ANY KIND OF ACTUAL ACTION BY THE

ICOC. AND I'D RATHER GET JAMES TO WEIGH IN AND WE

ACTUALLY NEED THE SCOPE OF IT SO WE WOULDN'T BE FURTHER

CONFUSED WHEN IT GOES TO THE ICOC FOR A VOTE.

DR. HALL: JAMES HARRISON IS OUTSIDE LEGAL

COUNSEL. ALSO, WE HAVE ANOTHER PATIENT ADVOCATE BOARD

MEMBER HERE, MARCY FEIT. WELCOME, MARCY.

CHAIRMAN ORKIN: DO WE NEED ADVICE ON HOW TO

PROCEED?

MR. TOCHER: YOU HAVE A QUORUM NOW. YOU

ACTUALLY HAVE 16 MEMBERS AND ONE ADDITIONAL MEMBER THAN

A QUORUM, SO YOU CAN TAKE ANY OFFICIAL ACTION THAT YOU

WISH TO TAKE OR ENTERTAIN ANY MOTIONS TO EITHER VOTE UP

OR DOWN ON THESE RECOMMENDATIONS OR AUGMENT THEM AS YOU

SEE FIT.

CHAIRMAN ORKIN: MAYBE WE PROPOSE A MOTION ON

THE FIRST POINT, POINT A; THAT IS, AN ALTERNATE FOR THE

SCIENTIFIC CHAIR, SHOULD IT BE NECESSARY.

DR. CHIU: JEFF SHEEHY IS HERE.

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CHAIRMAN ORKIN: I THINK WE NEED A MOTION.

AM I ALLOWED? I'LL MAKE THE MOTION THAT, WITH THE

CONCERNS THAT JOAN HAS RAISED, THAT WE STILL CONSIDER

THE FIRST POINT, WHICH IS THAT WE NEED TO DESIGNATE A

SCIENTIFIC MEMBER AS AN ALTERNATE SHOULD THE CHAIR NOT

BE ABLE TO BE PRESENT EITHER DURING THE REVIEW OR FOR

AN ENTIRE MEETING.

MR. KLEIN: DR. ORKIN, ARE YOU MAKING THAT

MOTION WITH THE MODIFICATION THAT, DURING THE PUBLIC

MEETINGS WHERE THERE'S PUBLIC POLICY DISCUSSED, THAT

THE VICE CHAIR WOULD, IN FACT, RUN THOSE MEETINGS IF

THE CHAIR WERE NOT PRESENT?

CHAIRMAN ORKIN: WE CAN CONSIDER THAT.

VICE CHAIRPERSON SAMUELSON: THAT WAS NOT

PART OF YOUR MOTION, AND THAT FLIES IN THE FACE --

CHAIRMAN ORKIN: I THINK THE ALTERNATIVE, AS

I SEE IT, IS EITHER THAT JOAN'S SUGGESTION STANDS; OR

IF IT'S AN ENTIRE MEETING, THAT THE ALTERNATE

SCIENTIFIC CHAIR SERVE AT THAT MEETING.

MR. KLEIN: IN THE PUBLIC SESSION.

CHAIRMAN ORKIN: IN THE PUBLIC SESSION.

THOSE ARE THE TWO ALTERNATIVES.

MR. KLEIN: WHICH ALTERNATIVE WOULD YOU HAVE

IN YOUR MOTION?

VICE CHAIRPERSON SAMUELSON: THIS IS EXACTLY

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WHY I THINK THIS SHOULD BE A DISCUSSION POINT SO THAT

WE CAN CHEW ON IT AND GET LEGAL COUNSEL'S ADVICE, AND

I'M WORRIED THAT WE'LL HAVE AN ALTERNATE AT THE NEXT

MEETING AND WE'VE NOT BEEN ABLE TO GET THE ICOC TO

VOTE.

CHAIRMAN ORKIN: CAN WE GET LEGAL COUNSEL

INPUT INTO THAT?

MR. TOCHER: DR. ORKIN, YOU MADE YOUR MOTION.

IT'S JUST A QUESTION AS TO WHETHER OR NOT IT INCLUDES

THE PROVISION DURING A PUBLIC MEETING PORTION OF THE

MEETING, AND THEN WE CAN ENTERTAIN WHETHER OR NOT THERE

ARE REQUESTS TO AMEND THE MOTION OR NOT. REGARDING THE

OVERALL PROVISION FOR ALTERNATE SCIENTIFIC CHAIR

MEMBERS OR PATIENT ADVOCATE VICE CHAIR MEMBERS, THE

ICOC IS RESPONSIBLE FOR CREATING THE POLICIES AND

PROCEDURES FOR THE CONDUCT OF THE WORKING GROUPS

ALREADY. THERE ARE PROVISIONS IN THE BYLAWS WHICH

ADDRESS THESE ISSUES FOR ALTERNATE MEMBERS, AS YOU

KNOW, AND SPECIALISTS. THESE ARE AREAS, HOWEVER, THAT

ARE NOT COVERED BY THE BYLAWS. AND SO THIS WOULD BE --

THAT'S THE BASIS FOR THE SUBSTANCE OF THE

RECOMMENDATIONS TO THE ICOC, TO APPROVE AND ENDORSE THE

CHANGES THAT YOU'RE CONSIDERING NOW.

VICE CHAIRPERSON SAMUELSON: AND IF THAT'S --

I DON'T THINK THAT'S BEFORE US RIGHT NOW. I HAVE A

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COMMENT. IF WE'RE ONLY TALKING ABOUT SUBPART A, I'LL

HOLD IT.

CHAIRMAN ORKIN: COULD WE THEN CONSIDER

SUBPART A AND THEN AN AMENDMENT WITH RESPECT TO THE

SECOND POINT, OR SHOULD WE AMEND A AND VOTE ON IT?

MR. TOCHER: AMEND A, HOWEVER YOU WISH TO.

MR. KLEIN: PARLIAMENTARY RULES WOULD DICTATE

THAT IF THERE'S A MOTION ON THE FLOOR, THAT IF AN

AMENDMENT IS MADE, THEN YOU VOTE ON THE AMENDMENT AND

THEN YOU VOTE ON THE MOTION. SO THE QUESTION IS A

MOTION HAS BEEN MADE. I THINK THERE'S A SECOND. SO

THE QUESTION IS, JOAN, ARE YOU MAKING A PROPOSED

AMENDMENT TO SUGGEST THAT THE VICE CHAIR WOULD RUN THE

PUBLIC POLICY -- WOULD RUN THE PUBLIC MEETING PORTION,

WHICH IS THE PORTION OF THE MEETING COMMITTED TO PUBLIC

POLICY DISCUSSIONS?

VICE CHAIRPERSON SAMUELSON: MAYBE IT'S MY

BACKGROUND AS A LAWYER, WHICH IS ALWAYS LOOKING AT THE

REAL FINE PRINT, BUT I DON'T WANT TO START TRYING TO

PARSE WHEN IT WOULD APPLY AND WHEN IT WOULDN'T. I

CERTAINLY DON'T THINK THAT'S THE TIME FOR SOMEONE OTHER

THAN THE VICE CHAIR TO STEP IN DURING THE PUBLIC

MEETING IN ITS ENTIRETY. I DON'T KNOW ANY OTHER POINTS

WHEN WE CONVENE BESIDES THAT TIME WHEN THIS SHOULD

APPLY.

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I'D LIKE US TO BE ABLE TO THINK ABOUT IT

BECAUSE I ALSO, AS A POINT OF ORDER, OBJECT TO THE FACT

THAT IT WAS PLACED ON THE AGENDA WITHOUT MY PRIOR

REVIEW. I HAD ASKED EXPLICITLY TO KNOW WHAT'S ON THE

AGENDA BEFORE IT'S FINALIZED, AND THIS IS WHY -- I'M

NOT TRYING TO HOLD ANYTHING UP. I'D LIKE US TO BE A

LITTLE MORE DELIBERATE ABOUT IT.

MR. KLEIN: JUST FOR GENERAL INFORMATION,

GIVEN WE HAVE ONGOING LITIGATION, I THINK JOAN IS VERY

CONCERNED ALWAYS TO MAKE SURE THAT JAMES HARRISON, WHO

IS INTERFACING THE LITIGATION, IS THERE FOR DISCUSSIONS

RELATED TO THESE ORGANIZATIONAL MATTERS --

VICE CHAIRPERSON SAMUELSON: THAT'S RIGHT.

MR. KLEIN: -- OUT OF CONCERN FOR THE IMPACT

ON LITIGATION.

VICE CHAIRPERSON SAMUELSON: RIGHT.

MR. KLEIN: SINCE THIS WILL GO TO THE ICOC,

JOAN, AND SINCE THERE HAS BEEN A DISCUSSION ON THE

RECORD, RESERVING THE APPROVAL OF OUTSIDE COUNSEL ON

THIS AND MODIFICATIONS OF OUTSIDE COUNSEL RECOMMENDED

TO THE ICOC, I THINK IT MIGHT BE IMPORTANT TO HAVE A

SENSE OF THE COMMITTEE'S VOTE ON THE AMENDMENT THAT

YOU'VE SUGGESTED. IT SEEMS LIKE AN IMPORTANT AMENDMENT

SO THAT IF WE'RE GOING TO GET THAT ON THE RECORD, WE

NEED TO ADDRESS IT NOW AS AN AMENDMENT. OTHERWISE THE

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MOTION WILL GO FORWARD WITHOUT THAT VOTE BEING TAKEN.

VICE CHAIRPERSON SAMUELSON: OKAY. IF IT'S

NO ONE ELSE'S, THAT'S MY AMENDMENT.

CHAIRMAN ORKIN: OKAY. VOTE ON THE AMENDMENT

FIRST.

MR. TOCHER: IF THERE'S A SECOND.

DR. WRIGHT: SECOND.

MR. TOCHER: SECOND BY JANET WRIGHT. ROLL

CALL VOTE ON THE AMENDMENT.

VICE CHAIRPERSON SAMUELSON: I THINK THE BEST

WAY TO PHRASE IT WOULD BE THAT THE DESIGNATED ALTERNATE

WOULD REPLACE THE CHAIR IN THE PEER REVIEW SESSIONS.

DR. HALL: BUT IN THE PUBLIC SESSION THE VICE

CHAIR IS IN THAT ROLE.

VICE CHAIRPERSON SAMUELSON: I DON'T THINK WE

NEED -- I DON'T WANT TO ADD ANYTHING THAT'S UNNECESSARY

TO IT.

CHAIRMAN ORKIN: THIS IS RESTRICTED TO THE

SCIENTIFIC REVIEW.

VICE CHAIRPERSON SAMUELSON: SCIENTIFIC

REVIEW, RIGHT.

CHAIRMAN ORKIN: WE'VE HAD A SECOND.

MR. TOCHER: THIS IS ON THE AMENDMENT.

MARCY FEIT.

MS. FEIT: YES.

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MR. TOCHER: SHERRY LANSING. NOT PRESENT.

JOAN SAMUELSON.

VICE CHAIRPERSON SAMUELSON: YES.

MR. TOCHER: DAVID SERRANO-SEWELL IS NOT

PRESENT. JEFF SHEEHY.

MR. SHEEHY: YES.

MR. TOCHER: JANET WRIGHT.

DR. WRIGHT: YES.

MR. TOCHER: SUSAN BONNER-WEIR.

DR. BONNER-WEIR: YES.

MR. TOCHER: ALI BRIVANLOU.

DR. BRIVANLOU: YES.

MR. TOCHER: MARIE CSETE.

DR. CSETE: YES.

MR. TOCHER: STEVE EMERSON.

DR. EMERSON: YES.

MR. TOCHER: ANDREW FEINBERG.

DR. FEINBERG: YES.

MR. TOCHER: JOHN ODORICO.

DR. ODORICO: YES.

MR. TOCHER: STUART ORKIN.

CHAIRMAN ORKIN: YES.

MR. TOCHER: FRANK RAUSCHER. PAUL ROBERTSON.

DR. ROBERTSON: YES.

MR. TOCHER: MIKE ROSEN.

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DR. ROSEN: YES.

MR. TOCHER: JEFFREY ROTHSTEIN. DENNIS

STEINDLER.

DR. STEINDLER: YES.

MR. TOCHER: RAINER STORB.

DR. STORB: YES.

MR. TOCHER: AMY WAGERS.

DR. WAGERS: YES.

MR. TOCHER: WISE YOUNG.

DR. YOUNG: YES.

SO THE AMENDMENT PASSES UNANIMOUSLY. AND SO

WE'LL -- ESSENTIALLY THE MOTION THAT WE'VE APPROVED FOR

RECOMMENDATION TO THE ICOC WITH RESPECT TO A.

MR. KLEIN: THAT IS THE AMENDMENT. WE NOW

NEED A VOTE ON THE MOTION ITSELF.

VICE CHAIRPERSON SAMUELSON: I WOULD LIKE B

AND C TO BE DEFERRED FOR FUTURE DISCUSSION.

CHAIRMAN ORKIN: WE HAVE A MOTION. DO WE

NEED A SECOND?

DR. WRIGHT: SECOND.

CHAIRMAN ORKIN: READY FOR THE ROLL CALL.

MR. TOCHER: MARCY FEIT.

MS. FEIT: COULD YOU RESTATE THE MOTION,

PLEASE?

MR. TOCHER: THE MOTION WAS TO MAKE A

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RECOMMENDATION ON SUBDIVISION 4 A TO DESIGNATE A

SCIENTIFIC MEMBER OF THE GRANTS WORKING GROUP BY THE

CHAIR TO SERVE AS THE ALTERNATE CHAIRPERSON IN THE

CHAIRPERSON'S ABSENCE DURING THE PROGRAMMATIC REVIEW.

VICE CHAIRPERSON SAMUELSON: NO. SCIENTIFIC

REVIEW.

MR. TOCHER: AND WE HAD A SECOND BY JANET

WRIGHT.

MARCY FEIT.

MS. FEIT: YES.

MR. TOCHER: JOAN SAMUELSON.

MS. SAMUELSON: YES.

MR. TOCHER: JEFF SHEEHY.

MR. SHEEHY: YES.

MR. TOCHER: JANET WRIGHT.

DR. WRIGHT: YES.

MR. TOCHER: SUSAN BONNER-WEIR.

DR. BONNER-WEIR: YES.

MR. TOCHER: ALI BRIVANLOU.

DR. BRIVANLOU: YES.

MR. TOCHER: MARIE CSETE.

DR. CSETE: YES.

MR. TOCHER: STEPHEN EMERSON.

DR. EMERSON: YES.

MR. TOCHER: ANDREW FEINBERG.

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DR. FEINBERG: YES.

MR. TOCHER: JOHN ODORICO.

DR. ODORICO: YES.

MR. TOCHER: STUART ORKIN.

CHAIRMAN ORKIN: YES.

MR. TOCHER: PAUL ROBERTSON.

DR. ROBERTSON: YES.

MR. TOCHER: MICHAEL ROSEN.

DR. ROSEN: YES.

MR. TOCHER: DENNIS STEINDLER.

DR. STEINDLER: YES.

MR. TOCHER: RAINER STORB.

DR. STORB: YES.

MR. TOCHER: AMY WAGERS.

DR. WAGERS: YES.

MR. TOCHER: AND WISE YOUNG.

DR. YOUNG: YES.

AND THAT WAS WITH RESPECT TO PART A.

VICE CHAIRPERSON SAMUELSON: I WOULD LIKE TO

DEFER B AND C FOR FUTURE DISCUSSION AND POSSIBLE

ACTION.

CHAIRMAN ORKIN: DO WE NEED TO -- IS THAT A

MOTION?

DR. HALL: WE'RE ON THE RECORD FOR B AT LEAST

WITH A CONSENSUS. I DON'T KNOW WHAT THE PROCEDURE IS.

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MR. KLEIN: JOAN, WHAT DR. HALL IS MAKING IS

A VERY GOOD POINT IS SINCE THERE WAS A STRAW VOTE ON

THE CONSENSUS ON B, UNLESS YOU NOW GO THROUGH WITH A

FORMAL MOTION, WHETHER AS IT STANDS OR AS AMENDED, THEN

YOU ONLY HAVE ONE RECORD THAT GOES FORWARD. SO IT'S

IMPORTANT TO NOTE THAT THE STRAW VOTE WAS THAT YOU AS

VICE CHAIR BE ABLE TO DESIGNATE A SUBSTITUTE IF AT ANY

TIME YOU WERE NOT PRESENT.

VICE CHAIRPERSON SAMUELSON: I'M BETWEEN A

LITTLE BIT OF A ROCK AND A HARD PLACE. I'M NOT A

BELIEVER IN STRAW VOTES.

MR. KLEIN: I WANT YOU TO BE AWARE OF THE

RECORD.

VICE CHAIRPERSON SAMUELSON: I UNDERSTAND.

MR. SHEEHY: I'M WITH JOAN ON THAT. I DON'T

THINK THE RECORD SHOULD REFLECT STRAW VOTES.

MR. KLEIN: JEFF SHEEHY, I'M NOT TAKING A

POSITION ON WHETHER TO TAKE STRAW VOTES. I JUST

INDICATED WHAT IS ON THE RECORD.

VICE CHAIRPERSON SAMUELSON: IT'S NOT ON THE

RECORD BECAUSE WE DIDN'T HAVE A QUORUM.

MR. KLEIN: IT'S ON THE TRANSCRIPT, AND THE

TRANSCRIPT GOES FORWARD. SO WHAT I WANT TO INDICATE TO

YOU IS THAT, JOAN, IF THERE'S A DIFFERENCE OF OPINION

OR SOMETHING YOU WANT TO REGISTER, IT'S IMPORTANT TO

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PUT IT ON THE RECORD AT THIS POINT SINCE THE ONLY

TRANSCRIPT AVAILABLE AT THIS POINT SHOWS THE CONSENSUS.

VICE CHAIRPERSON SAMUELSON: I'LL REPEAT WHAT

I SAID BEFORE, WHICH IS IN THE RECORD AS WELL, I THINK,

BUT I THINK THE REMAINING TWO ITEMS CONCERN THE PATIENT

ADVOCATE MEMBERS, AND I THINK WE AMONG US SHOULD BE

DELIBERATING ON WHAT ALTERNATE HELP WE MAY NEED IN WHAT

SORTS OF SITUATIONS AND WHO IS AVAILABLE TO DO THAT AND

THEN DECIDE WHETHER WE NEED ANY ACTION ON IT. SO I

WOULD PREFER THAT WE DEFER B AND C FOR FUTURE

DISCUSSION AND POSSIBLE ACTION.

MR. KLEIN: OKAY. THE --

VICE CHAIRPERSON SAMUELSON: AND NOTE THAT

THERE HAD NOT BEEN A VOTE ON IT BECAUSE THERE WAS NO

QUORUM DURING THE DISCUSSION, NOR WAS I PRESENT TO BE

ABLE TO DISCUSS THIS.

DR. HALL: THAT'S IN THE RECORD. WE LET IT

LIE.

MR. SIMPSON: PUBLIC COMMENT ON THAT? IT

SEEMS TO ME THAT YOU HAVE TWO ITEMS THAT WERE

APPROPRIATELY AGENDIZED AND THERE BEFORE YOU, AND YOU

NEED A MOTION ON EITHER OF THOSE THINGS AS TO WHETHER

YOU'RE GOING TO CONSIDER THEM, DEFER THEM, OR WHATEVER,

THAT THAT REQUIRES, I THINK, FORMAL ACTION. YOU CAN'T

LEAVE IT OFF THE AGENDA, CAN YOU? IT'S BEEN --

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MR. TOCHER: IF IT'S NOT AN ITEM THAT WE WISH

TO DISCUSS.

MR. SIMPSON: YOU DON'T NEED FORMAL ACTION TO

DO THAT?

VICE CHAIRPERSON SAMUELSON: IN PART, JOHN,

BECAUSE THERE WAS A MISCOMMUNICATION OR THE WORD DIDN'T

MAKE IT THROUGH ALL THE RIGHT CHANNELS, BUT I HAD ASKED

THAT THERE BE -- FIRST OF ALL, THAT I BE ABLE TO REVIEW

AN AGENDA BEFORE IT GOES OUT SO THAT I CAN VET IT

MYSELF AND KNOW IF THERE'S ANY POTENTIAL CONFUSION, AS

I FOUND HERE. AND THEN ALSO I WANTED TO BE SURE THAT I

WAS PRESENT. NOW, I WAS DELAYED, BUT I MADE THAT VERY

CLEAR.

DR. WRIGHT: I JUST HAVE A QUESTION. THE

QUESTION IS, JOAN, WHERE WILL THAT DISCUSSION TAKE

PLACE? DO YOU WANT TO DO THAT IN THIS GROUP NEXT TIME

OR --

VICE CHAIRPERSON SAMUELSON: I'M NOT SURE

THAT IT'S THE PURVIEW OF THE FULL WORKING GROUP.

DR. WRIGHT: OKAY.

VICE CHAIRPERSON SAMUELSON: I THINK WE CAN

DISCUSS IT AMONG OURSELVES, AMONG THE PATIENT

ADVOCATES, AND SEE WHAT SORTS OF SITUATIONS WE MIGHT

HAVE NEED FOR THIS, IF AT ALL, AND GET COUNSEL'S INPUT

ON WHETHER IT NEEDS TO BE FORMALIZED. IF IT DOES, OF

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COURSE, WE WANT TO GO THROUGH THE RIGHT CHANNELS.

MR. SIMPSON: JOHN SIMPSON, FOUNDATION FOR

TAXPAYER AND CONSUMER RIGHTS. THAT DISCUSSION HAS TO

TAKE PLACE IN PUBLIC. YOU CAN'T HAVE A CONVERSATION

AMONG THE PATIENT ADVOCATES. YOU HAVE TO HAVE A PUBLIC

DISCUSSION. THIS MAY NOT BE THE APPROPRIATE FORUM, BUT

YOU MUST HAVE A PUBLIC DISCUSSION.

VICE CHAIRPERSON SAMUELSON: I AGREE. THE

APPROPRIATE PLACE IS THE FULL ICOC.

MR. KLEIN: I THINK THAT, AS THE BOARD

CHAIRMAN, I THINK, JOAN, WHILE THIS WOULD PROPOSE TO

GIVE HER PERSONALLY THE RIGHT, WOULD FEEL MORE

COMFORTABLE HAVING THE DISCUSSION BEFORE THE WHOLE ICOC

SO THAT ALL THE MEMBERS CAN TAKE PART IN THAT

DISCUSSION.

VICE CHAIRPERSON SAMUELSON: THAT'S RIGHT.

MR. KLEIN: AND THAT SHE DOESN'T PRESUPPOSE

OR PREJUDICE THE DISCUSSION ABOUT HER AUTHORITY WITHOUT

THE BENEFIT OF OUR COLLEAGUES PARTICIPATING IN IT. I

THINK THAT'S A VERY FINE SENSITIVITY, AND I THINK IT'S

CLEARLY GOING TO BE A PUBLIC DISCUSSION THAT SHE'S

REFERRING TO.

DR. HALL: SO MY QUESTION IS WILL THIS GO TO

THE ICOC THEN WITHOUT ANY APPROVAL HERE, JUST BE ON THE

AGENDA?

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MR. KLEIN: IT WILL GO TO THE ICOC. THERE

HAS BEEN DISCUSSION HERE. THAT'S ON THE TRANSCRIPT.

AND IT WILL GO FOR A FULL DEBATE THERE AND DISCUSSION

AND A DECISION AT THAT POINT.

MR. SHEEHY: I'LL MAKE A MOTION TO REFER IT

TO THE ICOC WITHOUT RECOMMENDATION OR COMMENT ON ITEM B

AND C. I MAKE THAT MOTION.

CHAIRMAN ORKIN: IS THERE A SECOND FOR THAT?

DR. WRIGHT: YES.

CHAIRMAN ORKIN: ROLL CALL VOTE ON THE MOTION

WHICH IS TO DEFER B AND C TO THE ICOC.

MR. TOCHER: AND WITHOUT RECOMMENDATION.

MR. SHEEHY: WITHOUT RECOMMENDATION SO THE

RECORD WILL REFLECT NEUTRALITY.

MR. TOCHER: THAT WAS SECONDED BY DR. WRIGHT.

MARCY FEIT.

MS. FEIT: YES.

MR. TOCHER: JOAN SAMUELSON.

MS. SAMUELSON: YES.

MR. TOCHER: JEFF SHEEHY. NOT TO BE PROCESS

ORIENTED, CAN WE ASK FOR PUBLIC COMMENT? WE PUT -- WE

MADE A MOTION, AND WE NEED TO TAKE PUBLIC COMMENT ON

THE MOTION.

MR. TOCHER: RIGHT. THANK YOU.

MR. SHEEHY: ANY PUBLIC COMMENT?

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MR. TOCHER: MARCY FEIT.

MR. KLEIN: I THINK THAT ARLENE --

DR. CHIU: IT IS PROPER THAT WE PUT ON THE

RECORD NO PUBLIC COMMENT.

MR. TOCHER: THAT'S RIGHT. NO PUBLIC

COMMENT.

MARCY FEIT.

MS. FEIT: YES.

MR. TOCHER: JOAN SAMUELSON.

VICE CHAIRPERSON SAMUELSON: YES.

MR. TOCHER: JEFF SHEEHY.

MR. SHEEHY: YES.

MR. TOCHER: JANET WRIGHT.

DR. WRIGHT: YES.

MR. TOCHER: SUSAN BONNER-WEIR.

DR. BONNER-WEIR: YES.

MR. TOCHER: ALI BRIVANLOU.

DR. BRIVANLOU: YES.

MR. TOCHER: MARIE CSETE.

DR. CSETE: YES.

MR. TOCHER: STEPHEN EMERSON.

DR. EMERSON: YES.

MR. TOCHER: ANDREW FEINBERG.

DR. FEINBERG: I'M A LITTLE CONFUSED ABOUT

WHAT I'M BEING ASKED. I'M LOST NOW.

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MR. TOCHER: THE MOTION IS TO DEFER ITEMS B

AND C TO THE ICOC WITHOUT RECOMMENDATION.

DR. FEINBERG: FINE.

MR. TOCHER: JOHN ODORICO. STUART ORKIN.

CHAIRMAN ORKIN: YES.

MR. TOCHER: FRANK RAUSCHER. PAUL ROBERTSON.

DR. ROBERTSON: YES.

MR. TOCHER: MICHAEL ROSEN.

DR. ROSEN: YES.

MR. TOCHER: JEFFREY ROTHSTEIN. DENNIS

STEINDLER.

DR. STEINDLER: YES.

MR. TOCHER: RAINER STORB.

DR. STORB: YES.

MR. TOCHER: AMY WAGERS.

DR. WAGERS: YES.

MR. TOCHER: WISE YOUNG.

DR. YOUNG: YES.

AND THE MOTION IS ADOPTED.

CHAIRMAN ORKIN: I THINK THOSE ARE THE END OF

OUR MOTIONS AND RECOMMENDATIONS. SO ARE THERE ANY

OTHER PUBLIC COMMENTS BEFORE WE CLOSE, ADJOURN? I

THINK WE'RE MOVING TO THE CLOSED SESSION, WHICH IS

UPSTAIRS.

(MEETING THEN ADJOURNED TO CLOSED SESSION AT 9:30 A.M.)

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REPORTER'S CERTIFICATE

I, BETH C. DRAIN, A CERTIFIED SHORTHAND REPORTER IN AND FOR THE STATE OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING TRANSCRIPT OF THE PROCEEDINGS BEFORE THE SCIENTIFIC AND MEDICAL RESEARCH FUNDING WORKING GROUP OF THE CALIFORNIA INSTITUTE FOR REGENERATIVE MEDICINE IN THE MATTER OF ITS REGULAR MEETING HELD AT THE LOCATION INDICATED BELOW

INTERCONTINENTAL MARK HOPKINS SAN FRANCISCO NUMBER ONE NOB HILL

999 CALIFORNIA STREET SAN FRANCISCO, CALIFORNIA

ON JANUARY 8, 2007

WAS HELD AS HEREIN APPEARS AND THAT THIS IS THE ORIGINAL TRANSCRIPT THEREOF AND THAT THE STATEMENTS THAT APPEAR IN THIS TRANSCRIPT WERE REPORTED STENOGRAPHICALLY BY ME AND TRANSCRIBED BY ME. I ALSO CERTIFY THAT THIS TRANSCRIPT IS A TRUE AND ACCURATE RECORD OF THE PROCEEDING.

BETH C. DRAIN, CSR 7152BARRISTER'S REPORTING SERVICE1072 S.E. BRISTOL STREETSUITE 100SANTA ANA HEIGHTS, CALIFORNIA(714) 444-4100

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