2013 New Mexico Statutes
Chapter 24 - Health and Safety
Article 9A - Maternal, Fetal and Infant Experimentation
Section 24-9A-5 - Research activity. (1979)


NM Stat § 24-9A-5 (2013) What's This?

24-9A-5. Research activity. (1979) 
A.   No clinical research activity involving fetuses, live-born infants or pregnant women shall be conducted unless:   
(1)   appropriate studies on animals and nonpregnant human beings have been completed;   
(2)   anyone engaged in conducting the research activity will have no part in:   
(a)   any decisions as to the timing, method and procedures used to terminate the pregnancy; and   
(b)   determining the viability of the fetus at the termination of the pregnancy; and   
(3)   no procedural changes which may cause significant risk to the fetus or the pregnant woman will be introduced into the procedure for terminating the pregnancy solely in the interest of the research activity.   
B.   No inducements, monetary or otherwise, shall be offered to any woman to terminate her pregnancy for the purpose of subjecting her fetus or live-born infant to clinical research activity.   
C.   No consent to involve a pregnant woman, fetus or infant as a subject in clinical research activity shall be valid unless the pregnant woman or the parent or guardian of the infant has been fully informed of the following:   
(1)   a fair explanation of the procedures to be followed and their purposes, including identification of any procedures which are experimental;   
(2)   a description of any attendant discomforts and risks reasonably to be expected;   
(3)   a description of any benefits reasonably to be expected;   
(4)   a disclosure of any appropriate alternative procedures that might be advantageous for the subject;   
(5)   an offer to answer any inquiries concerning the procedure; and   
(6)   an instruction that the person who gave the consent is free to withdraw his consent and to discontinue participation in the project or activity at any time without prejudice to the subject.   
  History: Laws 1979, ch. 132, § 5. 

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