S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2138
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Ways and Means
 
 AN ACT to amend the public health law, in relation  to  prohibiting  the
   use of live human subjects on the dental licensing examination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2440 of the public health law, as added by  chapter
 450 of the laws of 1975, is amended to read as follows:
   §  2440.  Policy  and  purpose.   The use of human subjects in medical
 research projects has brought about many beneficial scientific  advances
 resulting  in  the  increased  health  and well-being of the human race.
 Safeguarding the rights and welfare of individual human subjects in  the
 conduct  of  these  human  research  projects is a matter of vital state
 concern. Every human being has the right to  be  protected  against  the
 possible  conduct  of  medical  or  psychological research upon his body
 without his  voluntary  informed  consent.  Human  research  may  effect
 dangerous  and  unanticipated results causing irreversible damage to the
 human subject. Accordingly, it shall be the  policy  of  this  state  to
 protect  its  people  against the unnecessary and improper risk of pain,
 suffering or injury resulting  from  human  research  conducted  without
 their knowledge or consent.  IN ADDITION, THE USE OF LIVE HUMAN SUBJECTS
 AS SURGICAL SUBJECTS UPON WHOM UNLICENSED PERSONS OPERATE AS PART OF THE
 STATE DENTAL PROFESSIONAL LICENSING EXAMINATION IS CONTRARY TO THE POLI-
 CY  OF  THIS  STATE  TO PROTECT LIVE HUMAN SUBJECTS FROM UNNECESSARY AND
 IMPROPER RISK OF PAIN, SUFFERING OR INJURY.  SUCH  LIVE  HUMAN  SUBJECTS
 USED FOR SURGICAL PURPOSES ON THE STATE DENTAL LICENSING EXAMINATION ARE
 ENTITLED  TO  THE  SAME  PROTECTIONS  AS  ANY  OTHER LIVE HUMAN RESEARCH
 SUBJECT. IN ADDITION,  THE  OVERWHELMING  NUMBER  OF  THESE  LIVE  HUMAN
 SUBJECTS SUBJECTED TO SURGERY BY UNLICENSED PERSONS AS PART OF THE STATE
 DENTAL LICENSING EXAMINATION COME FROM THE POOR AND MINORITY COMMUNITIES
 OF  THE  STATE.   NEITHER MEDICINE NOR PODIATRY, THE ONLY OTHER SURGICAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06498-01-9

 A. 2138                             2
 
 PROFESSIONS IN THE  STATE,  USES  SUCH  A  BARBARIC  AND  DISCRIMINATORY
 LICENSING  EXAMINATION.   THE LEGISLATURE HEREBY DETERMINES THAT THE USE
 OF SUCH LIVE HUMAN SUBJECTS AS SURGICAL SUBJECTS OPERATED  ON  BY  UNLI-
 CENSED PERSONS ON THE STATE DENTAL LICENSING EXAMINATION IS A POTENTIAL-
 LY DANGEROUS PRACTICE AND, IF CONTINUED AT ALL, SHOULD BE SUBJECT TO THE
 PROVISIONS OF THIS CHAPTER.
   § 2. Section 2445 of the public health law, as added by chapter 450 of
 the laws of 1975, is amended to read as follows:
   § 2445. Applicability.  The provisions of this article shall not apply
 to  the  conduct  of human research which is subject to, and which is in
 compliance with, policies and regulations promulgated by any  agency  of
 the  federal  government for the protection of human subjects.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW,  THE  PROVISIONS  OF  THIS  ARTICLE
 SHALL  APPLY  TO  THE  USE  OF  LIVE  HUMAN SUBJECTS ON THE STATE DENTAL
 LICENSING EXAMINATION, AND NO SUCH LIVE HUMAN SUBJECTS SHALL BE USED  ON
 THE  STATE  DENTAL LICENSING EXAMINATION UNLESS ALL THE REQUIREMENTS FOR
 RESEARCH ON LIVE HUMAN SUBJECTS CONTAINED IN THIS  ARTICLE  AND  IN  THE
 RULES AND REGULATIONS OF THE COMMISSIONER ARE COMPLIED WITH.
   § 3. This act shall take effect immediately.