S T A T E O F N E W Y O R K
________________________________________________________________________
3089--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. BENJAMIN, SCHIMMINGER, GREENE, COOK, FIELDS,
MAYERSOHN, CHRISTENSEN, DelMONTE, MAISEL, PEOPLES -- read once and
referred to the Committee on Health -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law and the public officers law, in
relation to the duties of the ethics committee of the empire state
stem cell board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (e) of subdivision 2 of section 265-b of
the public health law, as added by section 1 of part H of chapter 58 of
the laws of 2007, are amended to read as follows:
(a) provide for an independent scientific peer review committee
composed of individuals with expertise in the field of biomedical
research who shall review grant applications based on the criteria
requirements and standards adopted by the funding committee AND THE
ETHICS COMMITTEE, and make recommendations to the funding committee for
the award of grants;
(e) review grant applications based on the criteria, requirements, and
standards adopted by the funding committee AND THE ETHICS COMMITTEE
utilizing a process that gives due consideration to the amount of
nonpublic funds contributed by the project sponsor, including cash,
in-kind personnel, equipment or materials, donations, the opportunity to
leverage funds, including federal, private and not-for-profit funds
reasonably anticipated to be received by the project sponsors; provided,
however, that nonpublic funds shall only be considered as a factor by
the funding committee when reviewing applications of equivalent merit as
determined by the independent scientific peer review committee;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04782-03-9
A. 3089--A 2
S 2. Subdivision 2 of section 265-c of the public health law, as added
by section 1 of part H of chapter 58 of the laws of 2007, is amended to
read as follows:
2. The ethics committee shall [make recommendations to the funding
committee regarding]:
(a) [scientific, medical, and] ESTABLISH ethical standards FOR GRANT
APPLICATIONS REVIEWED BY THE FUNDING COMMITTEE;
(b) ESTABLISH ETHICAL standards for all medical, socioeconomic, and
financial aspects of clinical trials and therapy delivery to patients,
including, but not limited to standards for safe and ethical procedures
for: obtaining materials and cells for research; clinical efforts for
the appropriate treatment of human subjects in medical research; and
ensuring compliance with patient privacy laws;
(c) EXERCISE oversight of funded research to ensure compliance with
the standards described in paragraphs (a) and (b) of this subdivision;
[and]
(d) ADVISE THE FUNDING COMMITTEE REGARDING relevant ethical and regu-
latory issues; AND
(E) ESTABLISH STANDARDS BY WHICH GRANT APPLICANTS SHALL CERTIFY THAT:
(I) ALL RESEARCH TO BE FUNDED BY THE GRANT SHALL BE CONDUCTED IN
COMPLIANCE WITH THE ETHICAL STANDARDS FOR RESEARCH SET FORTH BY THE
ETHICS COMMITTEE; AND
(II) STANDARDS AND PROCEDURES HAVE BEEN ESTABLISHED BY THE GRANT
RECIPIENT TO REVIEW ALL RESEARCH CONDUCTED PURSUANT TO THE GRANT, TO
ENSURE THAT THE ETHICAL STANDARDS ESTABLISHED BY THE ETHICS COMMITTEE
ARE FOLLOWED.
S 3. Section 108 of the public officers law, as added by chapter 511
of the laws of 1976 and as renumbered by chapter 652 of the laws of
1983, subdivision 1 as amended by chapter 80 of the laws of 1983, and
subdivision 2 as amended by chapter 136 of the laws of 1985, is amended
to read as follows:
S 108. Exemptions. Nothing contained in this article shall be
construed as extending the provisions hereof to:
1. judicial or quasi-judicial proceedings, except proceedings of the
public service commission and zoning boards of appeals;
2. a. deliberations of political committees, conferences and caucuses.
b. for purposes of this section, the deliberations of political
committees, conferences and caucuses means a private meeting of members
of the senate or assembly of the state of New York, or of the legisla-
tive body of a county, city, town or village, who are members or adher-
ents of the same political party, without regard to (i) the subject
matter under discussion, including discussions of public business, (ii)
the majority or minority status of such political committees, confer-
ences and caucuses or (iii) whether such political committees, confer-
ences and caucuses invite staff or guests to participate in their delib-
erations; [and]
3. CONVERSATIONS BETWEEN MEETINGS BETWEEN MEMBERS OF THE EMPIRE STATE
STEM CELL BOARD, ESTABLISHED PURSUANT TO SECTION TWO HUNDRED
SIXTY-FIVE-A OF THE PUBLIC HEALTH LAW, AND ANY ACTIONS REGARDING THE
ABILITY OF THE COMMITTEE TO SET AGENDAS, DRAFT DOCUMENTS AND/OR SELECT
SPEAKERS, AND
4. any matter made confidential by federal or state law.
S 4. This act shall take effect immediately.