HOUSE BILL No. 5188

 

September 15, 2005, Introduced by Reps. Gaffney, Mortimer, Hune and Accavitti and referred to the Committee on Health Policy.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding part 96A.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

PART 96A. CLINICAL TRIALS – HUMAN SUBJECT RESEARCH

 

     Sec. 9651. As used in this part:

 

     (a) "Clinical trial" means research involving human subjects

 

that is conducted for the primary purpose of determining whether or

 

not a particular drug or medical treatment is safe and effective.

 

     (b) "Human subject" means a living individual about whom an

 

investigator conducting research obtains data through intervention

 

or interaction with the individual or obtains identifiable private


 

information.

 

     (c) "Institutional review board" means any board, committee,

 

or other group formally designated by a person to review, to

 

approve the initiation of, and to conduct periodic review of,

 

biomedical research involving human subjects.

 

     (d) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity, public or

 

private.

 

     (e) "Research" means a systematic investigation, including

 

research development, testing, and evaluation, designed to develop

 

or contribute to general knowledge.

 

     Sec. 9653. A person shall not conduct a clinical trial unless

 

that research is conducted in compliance with this part and in

 

accordance with federal rules and regulations on the protection of

 

human subjects.

 

     Sec. 9655. An institutional review board for a hospital or a

 

university located in this state shall not approve a clinical trial

 

funded in whole or in part with state funds unless the person

 

agrees to make the results of the research available to the public

 

and to register the clinical trial with the clinical trials data

 

bank maintained by the United States department of health and human

 

services pursuant to section 113 of the food and drug

 

administration modernization act of 1997, Public Law 105-115, 111

 

Stat. 2296, 42 USC 282.