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Current as of January 01, 2024 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 24. Health and Safety § 24-9A-5. Research activity - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-24-health-and-safety/nm-st-sect-24-9a-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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