Code Section

Health and Safety Code - HSC


  ( Division 20 enacted by Stats. 1939, Ch. 60. )

CHAPTER 1.3. Human Experimentation [24170 - 24179.5]
  ( Chapter 1.3 added by Stats. 1978, Ch. 360. )


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)  Be informed of the nature and purpose of the experiment.

(b)  Be given an explanation of the procedures to be followed in the medical experiment, and any drug or device to be utilized.

(c)  Be given a description of any attendant discomforts and risks reasonably to be expected from the experiment.

(d)  Be given an explanation of any benefits to the subject reasonably to be expected from the experiment, if applicable.

(e)  Be given a disclosure of any appropriate alternative procedures, drugs or devices that might be advantageous to the subject, and their relative risks and benefits.

(f)  Be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise.

(g)  Be given an opportunity to ask any questions concerning the experiment or the procedures involved.

(h)  Be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice.

(i)  Be given a copy of the signed and dated written consent form as provided for by Section 24173 or 24178.

(j)  Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision.

(Added by Stats. 1978, Ch. 360.)