TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500. - 3524.]

Title 2.1 added by Stats. 1977, Ch. 1250.

§§ 3500–3524 · 18 sections

1. CHAPTER 1. Definitions § 3500 · 1 section

   • § 3500 For purposes of this title: (a) “Behavioral research” means studies involving, but not limited to, the investigation of human behavior, emotion, adaptation,…
2. CHAPTER 2. General Provisions and Prohibitions §§ 3501–3509.5 · 7 sections

   • § 3501 The Legislature affirms the fundamental right of competent adults to make decisions about their participation in behavioral research.
   • § 3502 (a) Biomedical research shall not be conducted on any prisoner in this state. (b) Notwithstanding subdivision (a), records-based biomedical research using…
   • § 3502.5 (a) Notwithstanding Section 3502, any physician who provides medical care to prisoners may provide a patient who is a prisoner with a drug or treatment…
   • § 3504 Any physical or mental injury of a prisoner resulting from the participation in behavioral research, irrespective of causation of such injury, shall be treated…
   • § 3505 Behavioral research shall be limited to studies of the possible causes, effects and processes of incarceration and studies of prisons as institutional…
   • § 3508 Behavioral modification techniques shall be used only if such techniques are medically and socially acceptable means by which to modify behavior and if such…
   • § 3509.5 Nothing in this title is intended to diminish the authority of any official or agency to adopt and enforce rules pertaining to prisoners, so long as such rules…
3. CHAPTER 3. Administration §§ 3515–3520 · 6 sections

   • § 3515 The duties of the department are to determine: (a) That the risks to the prisoners consenting to research are outweighed by the sum of benefits to the…
   • § 3516 No behavioral research shall be conducted on any prisoner in this state in the absence of a determination by the department consistent with this title.
   • § 3517 The department shall promulgate rules and regulations reasonably necessary for the effective administration of the provisions of this title. Action on…
   • § 3518 The department shall promulgate rules and regulations prescribing procedures to be followed by any person who has a grievance concerning the operation of any…
   • § 3519 The department shall evaluate the impact of research on human subjects approved and conducted pursuant to this title, including any adverse reactions.
   • § 3520 The department shall make a report due on or before January 1 of each odd-numbered year containing a review of each research program which has been approved…
4. CHAPTER 4. Prisoners’ Rights as Research Subjects §§ 3521–3523 · 3 sections

   • § 3521 For the purposes of this title, a prisoner shall be deemed to have given his informed consent only if each of the following conditions are satisfied: (a)…
   • § 3522 At the time of furnishing a prisoner the writing required by subdivision (b) of Section 3521, the prisoner shall also be given information as to (a) the amount…
   • § 3523 The amount of such remuneration shall be comparable to that which is paid to nonprisoner volunteers in similar research.
5. CHAPTER 5. Remedies § 3524 · 1 section

   • § 3524 (a) A prisoner may maintain an action for injury to such prisoner, including physical or mental injury, or both, caused by the wrongful or negligent act of a…