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Cal. Health & Safety Code § 24174

Human Experimentation

Known as the Protection of Human Subjects in Medical Experimentation Act

The act spans §§ 24170–24179 (12 sections).

Applied in 2 court decisions — leading case 657 F. Supp. 2d 1156 - Perez v. Nidek Co. Ltd. (2009)

Most recently applied in In re Arizona Theranos, Inc., Litigation (June 2017)

Amended by Stats. 1996, Ch. 1023, Sec. 205

As used in this chapter, “medical experiment” means:

(a) The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section 109920 or 109925, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in the practice or research of medicine in a manner not reasonably related to maintaining or improving the health of the subject or otherwise directly benefiting the subject.

(b) The investigational use of a drug or device as provided in Sections 111590 and 111595.

(c) Withholding medical treatment from a human subject for any purpose other than maintenance or improvement of the health of the subject.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.