Bill Text: NY A02138 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits the use of live human subjects as surgical subjects as part of state dental professional licensing examination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-17 - held for consideration in ways and means [A02138 Detail]

Download: New_York-2019-A02138-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2138
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        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:
     1    Section 1. Section 2440 of the public health law, as added by  chapter
     2  450 of the laws of 1975, is amended to read as follows:
     3    §  2440.  Policy  and  purpose.   The use of human subjects in medical
     4  research projects has brought about many beneficial scientific  advances
     5  resulting  in  the  increased  health  and well-being of the human race.
     6  Safeguarding the rights and welfare of individual human subjects in  the
     7  conduct  of  these  human  research  projects is a matter of vital state
     8  concern. Every human being has the right to  be  protected  against  the
     9  possible  conduct  of  medical  or  psychological research upon his body
    10  without his  voluntary  informed  consent.  Human  research  may  effect
    11  dangerous  and  unanticipated results causing irreversible damage to the
    12  human subject. Accordingly, it shall be the  policy  of  this  state  to
    13  protect  its  people  against the unnecessary and improper risk of pain,
    14  suffering or injury resulting  from  human  research  conducted  without
    15  their knowledge or consent.  In addition, the use of live human subjects
    16  as surgical subjects upon whom unlicensed persons operate as part of the
    17  state dental professional licensing examination is contrary to the poli-
    18  cy  of  this  state  to protect live human subjects from unnecessary and
    19  improper risk of pain, suffering or injury.  Such  live  human  subjects
    20  used for surgical purposes on the state dental licensing examination are
    21  entitled  to  the  same  protections  as  any  other live human research
    22  subject. In addition,  the  overwhelming  number  of  these  live  human
    23  subjects subjected to surgery by unlicensed persons as part of the state
    24  dental licensing examination come from the poor and minority communities
    25  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.
                                                                   LBD06498-01-9
        A. 2138                             2
     1  professions in the  state,  uses  such  a  barbaric  and  discriminatory
     2  licensing  examination.   The legislature hereby determines that the use
     3  of such live human subjects as surgical subjects operated  on  by  unli-
     4  censed persons on the state dental licensing examination is a potential-
     5  ly dangerous practice and, if continued at all, should be subject to the
     6  provisions of this chapter.
     7    § 2. Section 2445 of the public health law, as added by chapter 450 of
     8  the laws of 1975, is amended to read as follows:
     9    § 2445. Applicability.  The provisions of this article shall not apply
    10  to  the  conduct  of human research which is subject to, and which is in
    11  compliance with, policies and regulations promulgated by any  agency  of
    12  the  federal  government for the protection of human subjects.  Notwith-
    13  standing any other provision of law,  the  provisions  of  this  article
    14  shall  apply  to  the  use  of  live  human subjects on the state dental
    15  licensing examination, and no such live human subjects shall be used  on
    16  the  state  dental licensing examination unless all the requirements for
    17  research on live human subjects contained in this  article  and  in  the
    18  rules and regulations of the commissioner are complied with.
    19    § 3. This act shall take effect immediately.