Section 24170.

24170. This chapter shall be known and may be cited as the Protection of Human Subjects in Medical Experimentation Act. (Added by Stats. 1978, Ch. 360.)

Section 24171.

24171. The Legislature hereby finds and declares that medical experimentation on human subjects is vital for the benefit of mankind, however such experimentation shall be undertaken with due respect to the preciousness of human life and the right of individuals to determine what is done to their own bodies. The Legislature further finds and declares […]

Section 24172.

24172. As used in the chapter, “experimental subject’s bill of rights,” means a list of the rights of a subject in a medical experiment, written in a language in which the subject is fluent. Except as otherwise provided in Section 24175, this list shall include, but not be limited to the subject’s right to: (a) […]

Section 24173.

24173. As used in this chapter, “informed consent” means the authorization given pursuant to Section 24175 to have a medical experiment performed after each of the following conditions have been satisfied: (a)  The subject or subject’s conservator or guardian, or other representative, as specified in Section 24175, is provided with a copy of the experimental […]

Section 24174.

24174. As used in this chapter, “medical experiment” means: (a)  The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section 109920 or 109925, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in […]

Section 24175.

24175. (a)  Except as otherwise provided in this section, no person shall be subjected to any medical experiment unless the informed consent of such person is obtained. (b)  If a person is under a conservatorship of the person or of the person and estate, pursuant to Division 4 (commencing with Section 1400) of the Probate […]

Section 24176.

24176. (a)  Any person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject’s informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed ten thousand dollars ($10,000), as determined by the court. The […]

Section 24177.

24177. This chapter shall not supersede, but shall be in addition to, Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of this code and Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code. (Amended by Stats. 1996, Ch. 1023, Sec. 206. Effective September 29, […]

Section 24177.5.

24177.5. (a) This chapter does not apply to a medical experimental treatment that benefits a patient subject to a life-threatening emergency if all of the following conditions are met: (1) Care is provided in accordance with the procedures and the additional protections of the rights and welfare of the patient set forth in Part 50 of Title […]

Section 24178.

24178. (a)  Except for this section and the requirements set forth in Sections 24172 and 24176, this chapter shall not apply to any person who is conducting a medical experiment as an investigator within an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 of […]

Section 24179.

24179. This chapter shall not apply to a pharmacist dispensing drugs upon a prescription. (Added by Stats. 1978, Ch. 360.)

Section 24179.5.

24179.5. Notwithstanding any other provision of this chapter, this chapter does not apply to an adult in a terminal condition who executes a directive directing the withholding or withdrawal of life-sustaining procedures pursuant to Section 7188. To the extent of any conflict, Division 4.7 (commencing with Section 4600) of the Probate Code prevails over the […]