S T A T E O F N E W Y O R K
________________________________________________________________________
5552
2021-2022 Regular Sessions
I N A S S E M B L Y
February 19, 2021
___________
Introduced by M. of A. DARLING -- read once and referred to the Commit-
tee 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, EXCEPT IN EMER-
GENCY OR LIFE THREATENING SITUATIONS, GRANTING THE COMMISSIONER AUTHORI-
TY 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04263-01-1