Code Section

Penal Code - PEN

PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10007]

  ( Part 3 repealed and added by Stats. 1941, Ch. 106. )
  

TITLE 2.1. BIOMEDICAL AND BEHAVIORIAL RESEARCH [3500 - 3524]

  ( Title 2.1 added by Stats. 1977, Ch. 1250. )
  

CHAPTER 2. General Provisions and Prohibitions [3501 - 3509.5]
  ( Chapter 2 added by Stats. 1977, Ch. 1250. )

  
3502.  

(a) Biomedical research shall not be conducted on any prisoner in this state.

(b) Notwithstanding subdivision (a), records-based biomedical research using existing information, without prospective interaction with human subjects, may be conducted consistent with this title. The use or disclosure of individually identifiable records pursuant to this subdivision shall only occur after both of the following requirements have been met:

(1) The research advisory committee established pursuant to Section 3369.5 of Title 15 of the California Code of Regulations approves of the use or disclosure.

(2) The prisoner provides written authorization for the use or disclosure, or the use or disclosure is permitted by Section 164.512 of Title 45 of the Code of Federal Regulations.

(Amended by Stats. 2016, Ch. 197, Sec. 2. (SB 1238) Effective January 1, 2017.)