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investigator
anyone who is involved in conducting the research
Nuremburg Code (1947)
first international code of research ethics. established basic principles that must be observed in order to satisfy moral, ethical, & legal concepts in the conduct of human subject research. verdict in Nazi doctor case.
Nuremburg Code Directive 1
Voluntary consent of the human subject is absolutely essential
Nuremburg Code Directive 2
The experiment must yield generalizable knowledge that could not be obtained in any other way and is not random and unnecessary in nature
Nuremburg Code Directive 3
Animal experimentation should precede human experimentation
Nuremburg Code Directive 4
All unnecessary physical and mental suffering and injury should be avoided
Nuremburg Code Directive 5
No experiment should be conducted if there is reason to believe that death or disabling injury will occur
Nuremburg Code Directive 6
The degree of risk to subjects should never exceed the humanitarian importance of the problem
Nuremburg Code Directive 7
Risks to the subjects should be minimized through proper preparations
Nuremburg Code Directive 8
Experiments should only be conducted by scientifically qualified investigators
Nuremburg Code Directive 9
Subjects should always be at liberty to withdraw from experiments
Nuremburg Code Directive 10
Investigators must be ready to end the experiment at any stage if there is cause to believe that continuing the experiment is likely to result in injury, disability or death to the subject
the Belmont Report
ethical principles & guidelines created in response to Tuskegee Syphillis Study. Principles:
Respect for persons
Beneficence
Justice
Belmont principle of respect for persons
Individuals should be treated as autonomous agents
Persons with diminished autonomy are entitled to additional protections
Belmont principle of beneficence
Do no harm
Maximize possible benefits and minimize possible harms
Belmont principle of justice
Requires that individuals and groups be treated fairly and equitably in terms of bearing the burdens and receiving the benefits of research
45 CFR 46
Code of Federal Regulations. Codifies the ethical principles for research involving human subjects described in the Belmont Report
a human subject
a living individual about whom an investigator conducting research obtains:
Data through intervention or interaction with the individual, or
Identifiable private information
research
a systematic investigation designed to develop or contribute to generalizable knowledge
diminished autonomy
An individual with restricted capability of deliberation about personal goals and of limited ability to act under the direction of their deliberations. examples:
pregnant women
fetuses
prisoners
children
mentally disabled people
IRB (Institutional Review Board)
specialized committees required by HHS regulations that safeguard the rights and welfare of human subjects. major roles are:
Initial review and approval or disapproval of the proposed research activity
Ensuring that the proposed informed consent process meets all of the requirements of 45 CFR 46.116
Providing continuing oversight for progress reports and protocols for ongoing research studies
informed consent
A legally-effective, voluntary agreement that is given by a prospective research participant following comprehension and consideration of all relevant information pertinent to the decision to participate in a study. an on-going process.
3 fundamental aspects of informed consent
Voluntariness: Individuals' decisions about participation in research should not be influenced by anyone involved in conducting the research
Comprehension: Individuals must have the mental or decisional capacity to understand the information presented to them in order to make an informed decision
Disclosure: must be made in such a way that it provides a reasonable person the information she or he would need in order to make an informed decision
HHS regulations of disclosure
The purpose of the study
Any reasonably foreseeable risks to the individual
Potential benefits to the individual or others
Alternatives to the research protocol
The extent of confidentiality protections for the individual
Compensation in case of injury due to the protocol
Contact information for questions regarding the study, participants' rights, and in case of injury
The conditions of participation, including right to refuse or withdraw without penalty
waivers of informed consent
IRBs can waive or alter some / all of the required elements of informed consent if all of the following conditions are met:
The research involves no more than minimal risk to the subjects
The waiver or alteration will not adversely affect the rights and welfare of the subjects
The research could not practicably be carried out without the waiver or alteration
Whenever appropriate, the subjects will be provided with additional pertinent information after participation
legally authorized representative
An individual authorized under applicable law to consent on behalf of a prospective subject to the subject's participation in the procedure(s) involved in the research.
HHS regulations for pregnant women require
Preclinical studies be completed prior to the involvement of pregnant women
A consideration of risks and potential benefits for the fetus and pregnant woman
HHS regulations for pregnant women prohibit
Inducements of any kind to terminate a pregnancy
Investigators from taking part in decisions about terminating a pregnancy
Investigators from determining the viability of a neonate
obtaining consent from children
children provide assent to participate in research, to the extent that they are able, and parents / guardians give permission for a child to participate in research. Parental permission must be obtained for research involving children "in accordance with and to the extent that consent is required by 45 CFR 46.116."
Obtaining Informed Consent from Prisoners
requires approval by an IRB whose membership is specifically constituted to address the concerns of this vulnerable population per 45 CFR 46.304. If the research is conducted or supported by HHS, it must also be approved by the Secretary of HHS. requirements:
prisoner is gaining no advantages to living situation from research
will not effect prisoner's parole, and prisoner is aware of this
community consultation
must do this if individual's interests is intimately entwined with community's interests, or when research involves risk to identifiable populations
clinical trial
A research study in which human subject(s) are prospectively assigned to one or more interventions (which may include placebo or other control) to evaluate the effects of those interventions on health-related biomedical or behavioral outcomes.
risk
probability a certain harm will occur during research.
Physical
Psychological
Social
Legal
Economic
minimal risk
when the probability and magnitude of harm or discomfort anticipated in the research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests
Regulatory Requirement for Explaining Benefits and Risks
HHS regulation requires that investigators consider:
protections against risk
potential benefits to individual participants
importance of the knowledge to be gained
therapeutic misconception
the tendency for research participants to downplay or ignore the risks posed to their own well-being by participation ... [due to] the participants' deeply held and nearly unshakeable conviction that every aspect of their participation in research has been designed for their own individual benefit". 6
equipoise
Substantial scientific uncertainty about which treatments will benefit subjects most, or a lack of consensus in the field that one intervention is superior to another.
coded data
Identifiers are removed from the data in exchange for codes that correspond to the identifiers, and the identifiers are maintained separately from the rest of the dataset.
Research with coded private information or specimens involves human subjects if
The private information or specimens were collected specifically for the currently proposed research project through an interaction or intervention with living individuals; or
The investigator(s) can readily ascertain the identity of the individual(s) to whom the coded private information or specimens pertain
clinical trial.
A data and safety monitoring plan is required when a proposed study is a _________
justice
Fair procedures and outcomes are used to select research participants
There is a fair distribution of benefits and burdens to populations who participate in research
individual justice
investigators should not offer potentially beneficial research only to some patients who are in their favor or select only 'undesirable' persons for risky research.
social justice
requires that distinction be drawn between classes of subjects that ought, and ought not, to participate in any particular kind of research, based on the ability of members of that class to bear burdens and on the appropriateness of placing further burdens on already burdened persons.
research should involve persons from groups who are likely to benefit from subsequent applications of the research
groups should not be selected for inclusion because of easy availability, compromised position, or manipulability
undue burden
Research populations must not be subject to undue burden, wherein they are systematically selected simply because of their easy availability, their compromised position, or their manipulability, rather than for reasons directly related to the problem being studied.
HHS definition of "child"
the need for protections for "children" is defined by the location in which the study will take place and the research procedures. Research that involves children must follow the requirements for parental permission and child assent
NIH definition of "child"
individuals under the age of 18
placebo
An inactive intervention designed to resemble, as much as possible, its active counterpart in clinical research. potential research participants must:
Understand what placebos are
Understand the likelihood that they will receive a - placebo
Be able to provide their fully informed consent that they are willing to receive a placebo
incomplete disclosure
Withholding some information in order to conduct an unbiased study, with the understanding that the information could be material to a decision by prospective participants about whether or not to participate in the study.
waiver of informed consent
Participation in the research involves no more than minimal risk
waiver must not adversely affect the rights and welfare of research participants