The proposed bill would amend current statutes by adding a new article to Title 12, Chapter 6 of the Arizona Revised Statutes, specifically addressing 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 outlines specific exemptions from liability for researchers who preregister their methods, report misinterpretations, provide access to study information, or post their methodologies on open access platforms.
Additionally, the bill stipulates that civil actions must be commenced within four years of the research publication and allows courts to impose various remedies, including injunctive relief, restitution, 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 would go into the county general fund. Furthermore, individuals harmed by fraudulent research would retain the right to sue for actual damages, including legal costs. The bill also defines key terms related to fraudulent scientific research, ensuring clarity in its application.