S T A T E O F N E W Y O R K
________________________________________________________________________
1383
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
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Introduced by M. of A. WRIGHT, AUBRY, GREENE, ORTIZ, ROBINSON, BENJAMIN
-- Multi-Sponsored by -- M. of A. DIAZ, HEASTIE, J. RIVERA, TOWNS --
read once and referred to the Committee on Health
AN ACT to amend the New York city charter, in relation to experimental
medical testing of children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 617 of the New York city charter is amended by
adding a new subdivision d to read as follows:
D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL BE REQUIRED TO OBTAIN A COURT ORDER GRANTING THE
COMMISSIONER AUTHORITY TO CONSENT TO EXPERIMENTAL MEDICAL TESTING ON
BEHALF OF CHILDREN UNDER THE CARE AND/OR CONTROL OF THE ADMINISTRATION
OF CHILDREN'S SERVICES. THE COURT, IN GRANTING SUCH ORDER OF CONSENT,
SHALL CONSIDER WHETHER THE EXPERIMENTAL MEDICAL TESTING: (1) POSES A
MINIMAL RISK TO THE CHILD UNDERGOING SUCH TESTING; AND (2) IF THERE IS A
DIRECT BENEFIT TO THE CHILD UNDERGOING SUCH TESTING.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00338-01-9