Section 24175 Of Chapter 1.3. Human Experimentation From California Health And Safety Code >> Division 20. >> Chapter 1.3.
24175
. (a) Except as otherwise provided in this section, no person
shall be subjected to any medical experiment unless the informed
consent of such person is obtained.
(b) If a person is under a conservatorship of the person or of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, informed consent for a medical experiment
involving such person shall be obtained:
(1) As provided in Section 2354 of the Probate Code if the person
has not been adjudicated to lack the capacity to give informed
consent for medical treatment.
(2) As provided in Section 2355 of the Probate Code if the person
has been adjudicated to lack the capacity to give informed consent
for medical treatment.
(c) If an adult person is gravely disabled, as defined in
subdivision (h) of Section 5008 of the Welfare and Institutions Code,
and is under a conservatorship of the person or of the person and
estate, pursuant to Chapter 3 (commencing with Section 5350) of Part
1 of Division 5 of the Welfare and Institutions Code, informed
consent for a medical experiment involving such person shall be
obtained from such person, unless the conservator of such person has
the right to consent to medical treatment on behalf of the
conservatee, pursuant to subdivisions (c) and (d) of Section 5357 and
Section 5358 of the Welfare and Institutions Code.
(d) If an adult person is developmentally disabled, as defined in
subdivision (a) of Section 4512 of the Welfare and Institutions Code,
and has no conservator and is mentally incapable of giving informed
consent, informed consent shall be obtained for a medical experiment
involving such person, pursuant to subdivision (c) of Section 4655 of
the Welfare and Institutions Code.
(e) Informed consent given by a person other than the human
subject pursuant to subdivisions (b) through (d), inclusive, of this
section shall only be for medical experiments related to maintaining
or improving the health of the human subject or related to obtaining
information about a pathological condition of the human subject.