Senate Bill S1502

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1502

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced by Sens. DeFRANCISCO, GOLDEN, LARKIN, LAVALLE, MORAHAN, VOLK-
  ER -- read twice and ordered printed, and when printed to be committed
  to the Committee on Health

AN  ACT to amend the public health 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;
  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]:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04782-01-9
              

S. 1502                             2

  (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. This act shall take effect immediately.