Requires the New York city commissioner of the administration of children's services to obtain an order of consent from the court before allowing experimental drug testing on children under the care and/or control of the administration of children's services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3884
SPONSOR: Darling
 
TITLE OF BILL:
An act to amend the New York city charter, in relation to experimental
medical testing of children
 
PURPOSE OR GENERAL IDEA OF BILL:
The proposed legislation prohibits the use of children under the super-
vision of New York City Administration for Children Services (ACS) to be
used as subjects for experimental drug trials involving greater than
minimal risk if there is not a direct benefit to the child.
 
SUMMARY OF PROVISIONS:
Section 617 of the New York City charter is amended by adding a new
subdivision C, in which the commissioner shall be required to obtain a
court order granting the commissioner authority to consent to exper-
imental 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. Exceptions are made for emergency and life threatening
situations.
 
JUSTIFICATION:
The administering of experimental drugs is causing children afflicted
with conditions such as HIV to suffer and live in agony. Side effects of
such toxic drugs include but are not limited to cramps, diarrhea, swell-
ing of joints, and Steven John's Syndrome, which is an extreme flaking
of the skin and vomiting. The promotion of better health and a richer
quality of life for our children must be part of New York's agenda.
 
PRIOR LEGISLATIVE HISTORY:
01/19/16 Referred to Cities
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately after enactment.
STATE OF NEW YORK
________________________________________________________________________
3884
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
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:
1 Section 1. Section 617 of the New York city charter is amended by
2 adding a new subdivision d to read as follows:
3 d. Notwithstanding any other provision of law to the contrary, the
4 commissioner shall be required to obtain a court order, except in emer-
5 gency or life threatening situations, granting the commissioner authori-
6 ty to consent to experimental medical testing on behalf of children
7 under the care and/or control of the administration of children's
8 services. The court, in granting such order of consent, shall consider
9 whether the experimental medical testing: (1) poses a minimal risk to
10 the child undergoing such testing; and (2) if there is a direct benefit
11 to the child undergoing such testing.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08600-01-3