S T A T E   O F   N E W   Y O R K
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                                  2932

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Health

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:

  Section  1. Section 2440 of the public health law, as added by chapter
450 of the laws of 1975, is amended to read as follows:
  S 2440. Policy and purpose.   The use of  human  subjects  in  medical
research  projects has brought about many beneficial scientific advances
resulting in the increased health and  well-being  of  the  human  race.
Safeguarding  the rights and welfare of individual human subjects in the
conduct of these human research projects is  a  matter  of  vital  state
concern.  Every  human  being  has the right to be protected against the
possible conduct of medical or  psychological  research  upon  his  body
without  his  voluntary  informed  consent.  Human  research  may effect
dangerous and unanticipated results causing irreversible damage  to  the
human  subject.  Accordingly,  it  shall  be the policy of this state to
protect its people against the unnecessary and improper  risk  of  pain,
suffering  or  injury  resulting  from  human research conducted without
their knowledge or consent.  IN ADDITION, THE USE OF LIVE HUMAN SUBJECTS
AS SURGICAL SUBJECTS UPON WHOM UNLICENSED PERSONS OPERATE AS PART OF THE
STATE DENTAL PROFESSIONAL LICENSING EXAMINATION IS CONTRARY TO THE POLI-
CY OF THIS STATE TO PROTECT LIVE HUMAN  SUBJECTS  FROM  UNNECESSARY  AND
IMPROPER  RISK  OF  PAIN,  SUFFERING OR INJURY. SUCH LIVE HUMAN SUBJECTS
USED FOR SURGICAL PURPOSES ON THE STATE DENTAL LICENSING EXAMINATION ARE
ENTITLED TO THE SAME  PROTECTIONS  AS  ANY  OTHER  LIVE  HUMAN  RESEARCH
SUBJECT.  IN  ADDITION,  THE  OVERWHELMING  NUMBER  OF  THESE LIVE HUMAN
SUBJECTS SUBJECTED TO SURGERY BY UNLICENSED PERSONS AS PART OF THE STATE
DENTAL LICENSING EXAMINATION COME FROM THE POOR AND MINORITY COMMUNITIES
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.
                                                           LBD00748-01-3
              

A. 2932                             2

PROFESSIONS  IN  THE  STATE,  USES  SUCH  A  BARBARIC AND DISCRIMINATORY
LICENSING EXAMINATION.  THE LEGISLATURE HEREBY DETERMINES THAT  THE  USE
OF  SUCH  LIVE  HUMAN SUBJECTS AS SURGICAL SUBJECTS OPERATED ON BY UNLI-
CENSED PERSONS ON THE STATE DENTAL LICENSING EXAMINATION IS A POTENTIAL-
LY DANGEROUS PRACTICE AND, IF CONTINUED AT ALL, SHOULD BE SUBJECT TO THE
PROVISIONS OF THIS CHAPTER.
  S 2. Section 2445 of the public health law, as added by chapter 450 of
the laws of 1975, is amended to read as follows:
  S 2445. Applicability.  The provisions of this article shall not apply
to  the  conduct  of human research which is subject to, and which is in
compliance with, policies and regulations promulgated by any  agency  of
the  federal  government for the protection of human subjects.  NOTWITH-
STANDING ANY OTHER PROVISION OF LAW,  THE  PROVISIONS  OF  THIS  ARTICLE
SHALL  APPLY  TO  THE  USE  OF  LIVE  HUMAN SUBJECTS ON THE STATE DENTAL
LICENSING EXAMINATION, AND NO SUCH LIVE HUMAN SUBJECTS SHALL BE USED  ON
THE  STATE  DENTAL LICENSING EXAMINATION UNLESS ALL THE REQUIREMENTS FOR
RESEARCH ON LIVE HUMAN SUBJECTS CONTAINED IN THIS  ARTICLE  AND  IN  THE
RULES AND REGULATIONS OF THE COMMISSIONER ARE COMPLIED WITH.
  S 3. This act shall take effect immediately.