BILL ANALYSIS
Senate Research Center S.B. 450
80R2500 JMM-D By: Uresti
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Associated Press reported that government-funded researchers have been testing AIDS drugs on hundreds of foster children for a little over two decades. There is no current law protecting foster children from being entered into clinical trials.
As proposed, S.B. 450 prohibits a person from enrolling or consenting to the participation of a foster child in a clinical trial. The bill excepts from the prohibition a retrospective study based solely on medical records or certain data.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to any state officer, institution, or agency
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 266.004, Family Code, as added by Chapter 268, Act of the 79th Legislature, Regular Session, 2005, by adding Subsection (k), as follows:
(k) Prohibits a person from being authorized to enroll a foster child or consent to the participation of a foster child in any clinical trial, drug study, or active medical or clinical research, notwithstanding Subsection (b). Provides that this subsection does not apply to a retrospective study that is based only on medical records, claims data, or outcome data.
SECTION 2. Effective date: upon passage or September 1, 2007.