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.
Structure Montana Code Annotated
Title 53. Social Services and Institutions
Chapter 20. Developmental Disabilities
53-20-103. Residential institution to meet standards
53-20-104. Powers and duties of mental disabilities board of visitors
53-20-106. Certification of developmental disabilities professionals
53-20-107. Department to compile list of qualified developmental disabilities professionals
53-20-108. and 53-20-109 reserved
53-20-110. Community treatment plan -- elements -- placement
53-20-112. Procedural rights -- appointment of counsel
53-20-114. Appointment of responsible person
53-20-116. Residential facility screening team member -- testimony at hearing
53-20-121. Petition for involuntary treatment -- contents of
53-20-126. Maximum period of commitment or treatment plan
53-20-127. Transfer to another facility -- release to community-based alternative -- hearing
53-20-128. Recommitment -- extension of community treatment plan
53-20-129. Emergency admission and commitment
53-20-130. Patient transfers from mental health facilities
53-20-131. Placement in nonstate facility
53-20-133. Residential facility screening team -- referral by court -- membership -- rules
53-20-134. Court records to be kept separate -- sealed -- names omitted
53-20-135. through 53-20-139 reserved
53-20-140. Amendment to commitment order or treatment plan -- emergency amendment
53-20-141. Denial of legal rights
53-20-142. Rights while in residential facility
53-20-143. Right not to be fingerprinted
53-20-144. Rights concerning photographs
53-20-145. Right to be free from unnecessary or excessive medication
53-20-146. Right not to be subjected to certain treatment procedures
53-20-147. Right not to be subjected to experimental research
53-20-148. Right to habilitation
53-20-149. through 53-20-160 reserved
53-20-161. Maintenance of records
53-20-162. Training for resident care workers
53-20-163. Abuse of residents prohibited
53-20-165. Clothing for residents discharged or conditionally released