AB 1076

This bill prohibits health care providers from subjecting a patient to medical

research without the express and informed consent of the patient or the patient's

authorized representative. The bill defines an “authorized representative” as a

health care agent acting under an activated power of attorney for health care, a

guardian, or, for a patient who is under 14 years of age, a parent or legal custodian.

Under the bill, an allegation that a physician subjected a patient to medical research

without consent is considered an allegation of unprofessional conduct. Under

current law, the Medical Examining Board must investigate any allegation of a

physician's unprofessional conduct and, upon finding a physician guilty of

unprofessional conduct, may warn or reprimand that physician or limit, suspend, or

revoke any licensed granted by the board to that physician.

The bill also requires the chief surgeons of the army and air national guard to

ensure that no army or air force medical personnel subjects a patient to medical

research without the express and informed consent of the patient or the patient's

authorized representative.