Montana Code 53-20-147. 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.
Terms Used In Montana Code 53-20-147
- Court: means a district court of the state of Montana. See Montana Code 53-20-102
- facility: means :
(a)the Montana developmental center; or
(b)a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
- Resident: means a person committed to a residential facility. See Montana Code 53-20-102
- Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.