S T A T E O F N E W Y O R K
________________________________________________________________________
3853
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
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.
LBD03674-01-1
A. 3853 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. Subdivision 1 of section 2445 of the public health law, as
amended by chapter 309 of the laws of 2019, is amended to read as
follows:
1. 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. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO
THE USE OF LIVE HUMAN SUBJECTS ON THE STATE DENTAL LICENSING EXAMINA-
TION, 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 REGU-
LATIONS OF THE COMMISSIONER ARE COMPLIED WITH.
§ 3. This act shall take effect immediately.