Public postsecondary education: genetic testing.

(1) Existing law, known as the Donahoe Higher Education Act, sets forth the missions of the various segments of public postsecondary education in this state. The segments of public postsecondary education in this state are the California State University, the University of California, and the California Community Colleges. The provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the Regents of the University of California act by resolution to make them applicable. Existing law, known as the Protection of Human Subjects in Medical Experimentation Act, prohibits a person from being subjected to any medical experiment unless the informed consent of that person is obtained. The act specifies the potential civil and criminal liability of a person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject's informed consent or who willfully fails to obtain informed consent. This bill would add to the Donahoe Higher Education Act a provision requesting the California State University and the University of California to refrain from making an unsolicited request, as defined, to an enrolled or prospective student of that segment for a DNA sample for the purpose of genetic testing. The bill would specify that it does not prohibit a licensed health care provider in a university facility from performing genetic testing and counseling in the course of a patient's medical care. The bill would require the University of California and the California State University to report, on a quarterly basis, in writing, the total amount of any expenditures, irrespective of source, the university makes pursuant to legal judgments or settlements resulting from violations of the informed consent requirements of the Protection of Human Subjects in Medical Experimentation Act or a specified federal regulation, or both, relating to unsolicited requests for DNA samples. The bill would require that the first of these quarterly reports be submitted to the Controller, the Governor, and the Legislature on or before January 1, 2011, and include all university expenditures for this purpose that have occurred prior to the date of the report. The bill would require the Controller to revert to the General Fund an amount equal to the amount of any expenditures reported pursuant to the bill from any unencumbered moneys that have been previously appropriated from the General Fund to the University of California and the California State University. The bill would require that subsequent quarterly reports be submitted on or before January 1, April 1, July 1, and October 1 of each year while this provision is operative. These provisions would be repealed on January 1, 2015. (2) This bill would declare that it is to take effect immediately as an urgency statute.