This bill proposes significant updates to current statutes regarding civil liability for fraudulent scientific research. Under the new provisions, the Attorney General or a county attorney would be empowered to initiate civil actions against researchers who knowingly or recklessly publish fraudulent scientific research, with the burden of proof set at "clear and convincing evidence." The bill also establishes a four-year statute of limitations for such actions and outlines specific exemptions from liability for researchers who preregister their methods, report misinterpretations, provide access to study information, or post methodologies on open access platforms. Additionally, it exempts accredited universities and registered drug manufacturers from liability for fraudulent research conducted or funded by them.
Furthermore, the bill allows courts to impose various remedies, including injunctive relief, restitution to affected parties, and civil penalties up to $50,000. It mandates that any civil penalties collected by the Attorney General be deposited into the state general fund, while those collected by county attorneys go into the county general fund. The definitions of "fraudulent scientific research," "publication," and related terms are also clarified to ensure a comprehensive understanding of the new legal framework. Overall, these changes aim to enhance accountability in scientific research while providing protections for compliant researchers and institutions.