§ 125331. — 125331. (Added by Stats. 2019, Ch. 864, Sec. 3.)

California § 125331.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 106.: DIVISION 106. PERSONAL HEALTH CARE (INCLUDING MATERNAL, CHILD, AND ADOLESCENT)
• Part 5.5.: PART 5.5. USE OF HUMAN CELLS
• Ch. 2.: CHAPTER 2. Procuring of Oocytes for Research

Text

(a)
As used in this chapter, “Research Participants Undergoing Oocyte Retrieval for Medical Research Purposes Bill of Rights” means a list of the rights of a research participant providing human oocytes for the purposes of medical research. The list of rights shall be written in a language in which the research participant is fluent. The list shall incorporate all the rights and protections in this chapter, and include, but not be limited to, all of the following research participant rights as described in Section 24172:
(1)
The right to be informed of the nature and purpose of the medical research.
(2)
The right to be given an explanation of the procedures to be followed in the
medical research, and any drug or device to be utilized.
(3)
The right to be given a description of any attendant discomforts and reasonably foreseeable risks expected from participating in the medical research.
(4)
The right to be given an explanation of any benefits to the research participant reasonably to be expected from the medical research, if applicable.
(5)
The right to be given a disclosure of any appropriate alternative procedures, drugs, or devices that might be advantageous to the research participant, and their relative risks and benefits.
(6)
The right to be informed of the avenues of medical treatment, if any, available to the research participant after the medical research if complications should arise.
(7)
The right to be given an opportunity to ask any questions concerning the experiment or the procedures involved.
(8)
The right to be instructed that consent to participate in the medical research may be withdrawn at any time and the research participant may discontinue participation in the medical research without prejudice.
(9)
The right to be given a copy of the signed and dated written consent form as provided for by Section 24173 or Section 24178.
(10)
The right to 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 research participant’s decision.
(b)
The rights provided by this section do not supersede, but are in addition to, the rights afforded a research participant pursuant to the Protection of Human Subjects in Medical Experimentation Act (Chapter 1.3 (commencing with Section 24170) of Division 20).

Legislative History

Added by Stats. 2019, Ch. 864, Sec. 3. (AB 922) Effective January 1, 2020.