California AB 2328

California AB 2328

Below please find copy of Assembly Bill 2328. For those who are knowledgeable of the issues involved, this is an extremely controversial bill. Can anyone agree or define what is meant by the usage of the term "unable to consent" within the text of the bill? Any other comments or insights on this bill?

Maxine (Just getting settled in my new residence in So. Cal.)

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 , Education and Welfare and Human Services pursuant to Part 46 of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by such 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 decision maker, 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.

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