| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to enrollment and participation in certain research |
|
|
programs of certain children in foster care. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 266.001, Family Code, as added by |
|
|
Chapter 268, Acts of the 79th Legislature, Regular Session, 2005, |
|
|
is amended by adding Subdivisions (2-a) and (4-a) to read as |
|
|
follows: |
|
|
(2-a) "Drug research program" means any clinical |
|
|
trial, clinical investigation, drug study, or active medical or |
|
|
clinical research regarding: |
|
|
(A) an investigational new drug; or |
|
|
(B) the efficacy of an approved drug. |
|
|
(4-a) "Investigational new drug" has the meaning |
|
|
assigned by 21 C.F.R. Section 312.3(b). |
|
|
SECTION 2. Subchapter A, Chapter 266, Family Code, as added |
|
|
by Chapter 268, Acts of the 79th Legislature, Regular Session, |
|
|
2005, is amended by adding Section 266.0041 to read as follows: |
|
|
Sec. 266.0041. ENROLLMENT AND PARTICIPATION IN CERTAIN |
|
|
RESEARCH PROGRAMS. (a) Notwithstanding Section 266.004, a person |
|
|
may not authorize the enrollment of a foster child or consent to the |
|
|
participation of a foster child in a drug research program without a |
|
|
court order as provided by this section. |
|
|
(b) Before issuing an order authorizing the enrollment or |
|
|
participation of a foster child in a drug research program, the |
|
|
court must: |
|
|
(1) appoint an independent medical advocate; |
|
|
(2) review the report filed by the independent medical |
|
|
advocate regarding the advocate's opinion and recommendations |
|
|
concerning the foster child's enrollment and participation in the |
|
|
drug research program; and |
|
|
(3) determine whether enrollment and participation in |
|
|
the drug research program is in the foster child's best interest. |
|
|
(c) An independent medical advocate appointed under |
|
|
Subsection (b) is not a party to the suit but may: |
|
|
(1) conduct an investigation regarding the foster |
|
|
child's participation in a drug research program to the extent that |
|
|
the advocate considers necessary to determine the best interest of |
|
|
the child for whom the advocate is appointed; and |
|
|
(2) obtain and review copies of the foster child's |
|
|
relevant medical and psychological records and information |
|
|
describing the risks and benefits of the child's enrollment and |
|
|
participation in the drug research program. |
|
|
(d) An independent medical advocate shall, within a |
|
|
reasonable time after the appointment, interview: |
|
|
(1) the foster child in a developmentally appropriate |
|
|
manner, if the child is four years of age or older; |
|
|
(2) the medical team treating the foster child as well |
|
|
as the medical team conducting the drug research program; and |
|
|
(3) each individual who has significant knowledge of |
|
|
the foster child's medical history and condition, including any |
|
|
foster parent of the child. |
|
|
(e) After reviewing the information collected under |
|
|
Subsections (c) and (d), the independent medical advocate shall: |
|
|
(1) submit a report to the court presenting the |
|
|
advocate's opinion and recommendation regarding whether the foster |
|
|
child's best interest is served by enrollment and participation in |
|
|
the drug research program; and |
|
|
(2) at the request of the court, testify regarding the |
|
|
basis for the advocate's opinion and recommendation concerning the |
|
|
foster child's enrollment and participation in a drug research |
|
|
program. |
|
|
(f) The court may appoint any person eligible to serve as |
|
|
the foster child's guardian ad litem as the independent medical |
|
|
advocate, except that a foster parent, representative of the |
|
|
department, medical professional affiliated with the drug research |
|
|
program, or any person the court determines has a conflict of |
|
|
interest may not serve as the foster child's independent medical |
|
|
advocate. |
|
|
(g) A person otherwise authorized to consent to medical care |
|
|
for a foster child may petition the court for an order permitting |
|
|
the enrollment and participation of a foster child in a drug |
|
|
research program under this section. |
|
|
SECTION 3. The change in law made by this Act by the |
|
|
enactment of Section 266.0041, Family Code, applies only to the |
|
|
enrollment and participation of a foster child in a drug research |
|
|
program on or after the effective date of this Act. A foster child |
|
|
enrolled or participating in a drug research program before the |
|
|
effective date of this Act is governed by the law in effect when the |
|
|
foster child was enrolled or began participating in the drug |
|
|
research program, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |