Persons shall have a right not to be subjected to experimental research without the express and informed consent of the person, or if the person cannot give informed consent, of the person’s parent or guardian. Such proposed research shall first have been reviewed and approved by the Department on Disability Services before such consent shall be sought. Prior to such approval, the Department shall determine that such 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.
(Mar. 3, 1979, D.C. Law 2-137, § 509, 25 DCR 5094; Sept. 26, 1995, D.C. Law 11-52, § 506(t), 42 DCR 3684; Mar. 14, 2007, D.C. Law 16-264, § 301(l), 54 DCR 818; Sept. 26, 2012, D.C. Law 19-169, § 17(nn), 59 DCR 5567; May 5, 2018, D.C. Law 22-93, § 201(c)(38), 65 DCR 2823.)
1981 Ed., § 6-1969.
1973 Ed., § 6-1689.
D.C. Law 16-264 substituted “Department on Disability Services” for “Department of Human Services”.
The 2012 amendment by D.C. Law 19-169 substituted “individual” for “customer” or variants wherever it appears in the first sentence.
For temporary amendment of section, see § 505(t) of the Multiyear Budget Spending Reduction and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197).
For temporary (90 day) amendment of section, see § 301(l) of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).
For temporary (225 day) amendment of section, see § 505(t) of Multiyear Budget Spending Reduction and Support Temporary Act of 1995 (D.C. Law 10-253, March 23, 1995, law notification 42 DCR 1652).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.
Structure District of Columbia Code
Title 7 - Human Health Care and Safety
Chapter 13 - Citizens with Intellectual Disabilities
Subchapter V - Rights of Persons with Intellectual Disabilities
§ 7–1305.01. Habilitation and care; habilitation program
§ 7–1305.02. Living conditions; teaching of skills
§ 7–1305.03. Least restrictive conditions
§ 7–1305.04. Comprehensive evaluation and individual habilitation plan
§ 7–1305.06. Prohibited psychological therapies
§ 7–1305.06a. Informed consent
§ 7–1305.06b. Review panel for administration of psychotropic medications
§ 7–1305.06c. Psychotropic medication review
§ 7–1305.07. Essential surgery in medical emergency. [Repealed]
§ 7–1305.07a. Health-care decisions policy, annual plan, and quarterly reports
§ 7–1305.09. Experimental research
§ 7–1305.11. Performance of labor
§ 7–1305.15. Coordination of services for dually diagnosed individuals