What is the scope of legal protection for undocumented immigrants in biomedical research?

The scope of legal protection for undocumented immigrants in biomedical research in California varies depending on the specific research study. In some cases, undocumented immigrants may be protected by the same laws that protect all U.S. citizens, such as the federal Health Insurance Portability and Accountability Act (HIPAA). However, undocumented immigrants may be less likely to report a breach of their protected health information due to fears of deportation. In California, however, undocumented immigrants may have additional protections. The California Endowment’s Equity & Inclusion Standard requires that research studies involving human subjects must treat immigrants with dignity, respect, and equitable care regardless of immigration status. In addition, California Senate Bill 1138, also known as the Human Subjects Research Protections Act of 2016, aims to ensure that participating in any medical research is voluntary, and that “no person shall be denied access to medical treatment because of the person’s participation in a human research studies.” This bill applies to all human subjects regardless of their immigration status. Undocumented immigrants may also be protected by other laws, such as the California Civil Liberties Protection Act Of 2020, which prohibits the state and local governments from using public resources to assist the federal government in any federal immigration enforcement activity. This law also makes it illegal for any public agency to share information about individuals’ immigration status with any other public or private entity. Overall, the legal protection for undocumented immigrants in California’s biomedical research varies depending on the specific research study. It is important to understand the different laws and regulations that apply to protect their rights so that they can make informed decisions about participating in research.

What is the scope of legal protection for undocumented immigrants in biomedical research?

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