What's happening
This bill requires a court order before the commissioner can consent to experimental medical testing on children in city care, except in emergencies.
Why it matters
Introduces an independent legal safeguard. By requiring a court order before any experimental medical testing on children in city care, this bill adds a layer of oversight, helping to prevent potential abuse or conflicts of interest by city officials.
Raises the threshold for medical experimentation. The measure ensures that experimental procedures can only proceed if a judge determines the testing poses minimal risk and provides a direct benefit to the child—protecting vulnerable children from unnecessary or overly risky experimentation.
Limits exceptions to true emergencies. The only scenario where a court order is not required is in emergency or life-threatening situations, prioritizing swift care while otherwise maintaining strong protections for children’s rights and well-being.
Could impact medical research and care procedures. This change might slow down or complicate the process for enrolling children in city care into experimental medical trials, potentially affecting access to cutting-edge treatments, but also ensuring those decisions undergo rigorous review.
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Who cares
Headline styles
Consent for Child Drug Testing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.894
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Court Order for Testing
In Assembly Committee · Health · Sponsor Taylor Darling
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1969
2019-2020 Regular Sessions
IN SENATE
January 18, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
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 Assembly, do enact as follows:
Section 1. Section 617 of the New York city charter is amended by adding a new subdivision d to read as follows:
d. Notwithstanding any other provision of law to the contrary, the commissioner shall be required to obtain a court order, except in emergency or life threatening situations, granting the commissioner authority to consent to experimental 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06141-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the New York city charter, in relation to experimental medical testing of children
Purpose
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.
Existing law
New Law
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.
Legislative history
01/19/16 Referred to Cities
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.