Senate Bill sb2332

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2332

    By Senator Aronberg





    27-1605-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to consent to experimental

  3         research; amending s. 381.026, F.S.; providing

  4         an exception for receiving patient consent for

  5         certain treatment for certain federally

  6         approved experimental research; amending s.

  7         743.065, F.S.; providing for an unwed pregnant

  8         minor to consent to participation in certain

  9         federally approved research; amending s.

10         458.331, F.S.; providing an exception to

11         disciplinary action for certain experimentation

12         without consent for certain federally approved

13         research; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Paragraph (e) of subsection (4) of section

18  381.026, Florida Statutes, is amended to read:

19         381.026  Florida Patient's Bill of Rights and

20  Responsibilities.--

21         (4)  RIGHTS OF PATIENTS.--Each health care facility or

22  provider shall observe the following standards:

23         (e)  Experimental research.--In addition to the

24  provisions of s. 766.103, a patient has the right to know if

25  medical treatment is for purposes of experimental research and

26  to consent prior to participation in such experimental

27  research with a waiver of informed consent as permitted under

28  45 C.F.R. part 46 or 21 C.F.R. part 56, unless such research

29  has been approved by a federally approved institutional review

30  board in accordance with such sections. For any patient,

31  regardless of ability to pay or source of payment for his or

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    Florida Senate - 2004                                  SB 2332
    27-1605-04                                              See HB




 1  her care, participation must be a voluntary matter; and a

 2  patient has the right to refuse to participate. The patient's

 3  consent or refusal must be documented in the patient's care

 4  record.

 5         Section 2.  Subsection (1) of section 743.065, Florida

 6  Statutes, is amended to read:

 7         743.065  Unwed pregnant minor or minor mother; consent

 8  to medical services for minor or minor's child valid.--

 9         (1)  An unwed pregnant minor may consent to the

10  performance of medical or surgical care or services relating

11  to her pregnancy by a hospital or clinic or by a physician

12  licensed under chapter 458 or chapter 459 and for her

13  participation in research approved by a federally approved

14  institutional review board in accordance with 45 C.F.R. part

15  46 or 21 C.F.R. part 56 with a waiver of informed consent as

16  permitted under such sections, and such consent is valid and

17  binding as if she had achieved her majority.

18         Section 3.  Paragraph (u) of subsection (1) of section

19  458.331, Florida Statutes, is amended to read:

20         458.331  Grounds for disciplinary action; action by the

21  board and department.--

22         (1)  The following acts constitute grounds for denial

23  of a license or disciplinary action, as specified in s.

24  456.072(2):

25         (u)  Performing any procedure or prescribing any

26  therapy which, by the prevailing standards of medical practice

27  in the community, would constitute experimentation on a human

28  subject, without first obtaining full, informed, and written

29  consent with a waiver of informed consent as permitted under

30  45 C.F.R. part 46 or 21 C.F.R. part 56, unless such

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2332
    27-1605-04                                              See HB




 1  experimentation has been approved by a federally approved

 2  institutional review board in accordance with such sections.

 3         Section 4.  This act shall take effect upon becoming a

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CODING: Words stricken are deletions; words underlined are additions.