-Caveat Lector-
ALLIANCE FOR HUMAN RESEARCH PROTECTION (AHRP)
www.researchprotection.org
Contact: Vera Hassner Sharav
Tel: 212-595-8974 FAX: 212-595-9086
[EMAIL PROTECTED]
FYI
A bill has been introduced in the California state Assembly, AB 2328,
that would allow human beings to be subjected to medical experiments
without their informed consent.
This is not a prank, if adopted, Californians would be able to earn easy
cash by consigning their aged or infirm relative for medical
experiments.
A similar assault on the dignity of human beings, not to mention family
values, was foiled in Maryland.
Unless Congress enacts legislation explicitly prohibiting nonconsensual
human experimentation--and spells out penalties to ensure compliance--we
might wake up one morning and find ourselves consigned for experiments
by a feuding sibling, spouse, child, even grand child.
p://info.sen.ca.gov/pub/bill/asm/ab_23012350/ab_2328_bill_20020221_intro
duced.pdf
BILL NUMBER: AB 2328 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wayne
(Principal coauthor: Assembly Member Aroner)
FEBRUARY 21, 2002
An act to amend Section 24178 of the Health and Safety Code,
relating to health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2328, as introduced, Wayne. Medical experiments.
Existing law, the Protection of Human Subjects in Medical
Experimentation Act, prohibits any person from being subjected to any
medical experiment unless the informed consent of the person is
obtained.
This bill would authorize certain persons to give surrogate
informed consent for a person to be subjected to a medical experiment
when conducted within an institution that holds an assurance with
the United States Department of Health and Human Services in
accordance with specified regulations, if that person is unable to
give that consent.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 24178 of the Health and Safety Code is amended
to read:
24178. (a) Except for this section and the requirements set forth in
Sections 24172 and 24176, this chapter shall not apply to any person who
is conducting a medical experiment as an investigator within an
institution which that holds an assurance with the United States
Department of Health and Human Services pursuant to Part 46 of Title
45b of the Code of Federal Regulations and who obtains informed consent
in the method and manner required by those regulations.
(b) For purposes of obtaining informed consent required for
medical experiments pursuant to subdivision (a), if a person is
unable to consent and does not express dissent or resistance to
participation, surrogate informed consent may be obtained from a
surrogate decisionmaker, who shall include any of the following
persons:
(1) The person's agent pursuant to an advance health care
directive.
(2) The conservator of the person.
(3) The spouse of the person.
(4) The domestic partner of the person.
(5) An adult son or daughter of the person.
(6) Either parent of the person.
(7) Any adult brother or sister of the person.
(8) Any adult grandchild of the person.
Status of bill: http://www.sen.ca.gov
Visit our website, check a chronolgoy of experimentation:
http://www.researchprotection.org/chronologyofHumanResearch.htm
++++++
M. F. Abernathy -- [[EMAIL PROTECTED]] -- 04/16/02
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