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A03884 Summary:

BILL NOA03884
 
SAME ASSAME AS S04070
 
SPONSORDarling
 
COSPNSR
 
MLTSPNSR
 
Amd §617, NYC Chart
 
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.
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A03884 Actions:

BILL NOA03884
 
02/08/2023referred to health
01/03/2024referred to health
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A03884 Memo:

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.
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A03884 Text:



 
                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
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