Chapter 2. General Provisions And Prohibitions of California Penal Code >> Title 2.1. >> Part 3. >> Chapter 2.
The Legislature affirms the fundamental right of competent
adults to make decisions about their participation in behavioral
Biomedical research shall not be conducted on any prisoner in
(a) Notwithstanding Section 3502, any physician who
provides medical care to prisoners may provide a patient who is a
prisoner with a drug or treatment available only through a treatment
protocol or treatment IND (investigational new drug), as defined in
Section 312 of Title 21 of the Code of Federal Regulations, if the
physician determines that access to that drug is in the best medical
interest of the patient, and the patient has given informed consent
under Section 3521.
(b) Notwithstanding any other provision of law, neither a public
entity nor a public employee shall be liable for any injury caused by
the administration of a drug pursuant to subdivision (a), where the
administration is made in accordance with a treatment IND or a
treatment protocol as defined in Section 312 of Title 21 of the Code
of Federal Regulations.
Any physical or mental injury of a prisoner resulting from
the participation in behavioral research, irrespective of causation
of such injury, shall be treated promptly and on a continuing basis
until the injury is cured.
Behavioral research shall be limited to studies of the
possible causes, effects and processes of incarceration and studies
of prisons as institutional structures or of prisoners as
incarcerated persons which present minimal or no risk and no more
than mere inconvenience to the subjects of the research. Informed
consent shall not be required for participation in behavioral
research when the department determines that it would be unnecessary
or significantly inhibit the conduct of such research. In the absence
of such determination, informed consent shall be required for
participation in behavioral research.
Behavioral modification techniques shall be used only if such
techniques are medically and socially acceptable means by which to
modify behavior and if such techniques do not inflict permanent
physical or psychological injury.
Nothing in this title is intended to diminish the authority
of any official or agency to adopt and enforce rules pertaining to
prisoners, so long as such rules are not inconsistent with this