TITLE 53. SOCIAL SERVICES AND INSTITUTIONS

CHAPTER 20. DEVELOPMENTAL DISABILITIES

Part 1. Treatment

Right Not To Be Subjected To Experimental Research

53-20-147. Right not to be subjected to experimental research. (1) Residents of a residential facility have a right not to be subjected to experimental research without the express and informed consent of the resident, if the resident is able to give consent, and of the resident's parents or guardian or the responsible person appointed by the court after opportunities for consultation with independent specialists and with legal counsel.

(2) The proposed research must have been reviewed and approved by the mental disabilities board of visitors before consent may be sought. Prior to approval, the board shall determine that the research complies with the principles of the statement on the use of human subjects for research of the American association on mental deficiency and with the principles for research involving human subjects required by the United States department of health and human services for projects supported by that agency.

History: En. 38-1228 by Sec. 28, Ch. 468, L. 1975; R.C.M. 1947, 38-1228; amd. Sec. 71, Ch. 10, L. 1993.