Institutional Review Board an INTRODUCTORY GUIDE Institutional Review Board an Introductory Guide TABLE of CONTENTS
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Protection of Vulnerable Populations: Research Involving Prisoners Albert J
June 2005 Center for Mental Health Services Research Vol 2, Issue 6 University of Massachusetts Medical School Issue Brief Protection of Vulnerable Populations: Research Involving Prisoners Albert J. Grudzinskas, Jr., JD and Jonathan C. Clayfield, MA, LMHC he attitude that, “it is not cruel to inflict The Belmont Report identified three basic on a few criminals, sufferings which ethical principles critical to any research conducted may benefit multitudes of innocent with human subjects and, in particular, prisoners: T respect for persons, beneficence and justice. people through all centuries,” has prevailed in the area of research involving prisoners Respect for persons holds that each individual is through history.1 The very nature of incarceration autonomous and should be treated as free to make – controlled diet and living conditions, subject his or her own choices. The nature of prison, availability, etc. – make prisoners an attractive however, leads to restrictions on autonomy. For example, while paying subjects to participate population to study. There are, however, special in research is considered ethically acceptable, considerations when prisoners participate in prisoners may be unduly influenced or enticed research that must be addressed to ensure their by the monetary gain of participation given that protection as human subjects. This brief will prisoners typically earn far less for other “work” explore some of the issues critical to working activities. Careful consideration should be given with prisoners in research, will discuss the to an individual’s ability to make autonomous standards of informed consent and competency, decisions in light of the possible coercion inherent in a specific environment or setting. -
A Philosophical Investigation of Principlism and the Implications Raised by the Treatment of the Mentally Ill
Aporia vol. 24 no. 1—2014 A Philosophical Investigation of Principlism and the Implications Raised by the Treatment of the Mentally Ill BENJAMIN FOSTER Introduction he objective of this investigation is to identify reasonable and relevant problems and issues posed for Principlism by the mentally T ill. Two concepts of Principlism will be presented: a normative con- ceptualization of the bioethical theory and a descriptive conceptualization. In reference to both, two philosophical questions will be asked: can we know the natures of other minds and, if so, how? These two questions have theoretical and practical implications for the treatment of the mentally ill. And, in so far as the questions have implications for the treatment of the mentally ill, they have implications for the bioethical theory of Principlism. There is a lack of concurrence on the meaning, nature, and function of mental phenomena, producing conceptual difficulties concerning the common morality that provides Principlism its normative authority. Similarly, a contradiction appears to arise when one considers the imaginative leap of predicting another’s desires, feelings, and thoughts, a maneuver that professionals participating in the treatment of the mentally ill must perform. There is also significant ambiguity surrounding the concept of mental illness, which produces pragmatic problems when professionals attempt to diagnose and treat an individual in conjunction Benjamin Foster graduated with a degree in philosophy and a minor in biology from the University of Alaska Fairbanks. While there he served as president of the univer- sity’s philosophy club, The Socratic Society. His primary philosophical interests include ethics and epistemology. He currently plans to attend medical school. -
Assessing Non-Consensual Human Experimentation During the War on Terror
ACEVES_FINAL(DO NOT DELETE) 11/26/2018 9:05 AM INTERROGATION OR EXPERIMENTATION? ASSESSING NON-CONSENSUAL HUMAN EXPERIMENTATION DURING THE WAR ON TERROR WILLIAM J. ACEVES* The prohibition against non-consensual human experimentation has long been considered sacrosanct. It traces its legal roots to the Nuremberg trials although the ethical foundations dig much deeper. It prohibits all forms of medical and scientific experimentation on non-consenting individuals. The prohibition against non-consensual human experimentation is now well established in both national and international law. Despite its status as a fundamental and non-derogable norm, the prohibition against non-consensual human experimentation was called into question during the War on Terror by the CIA’s treatment of “high-value detainees.” Seeking to acquire actionable intelligence, the CIA tested the “theory of learned helplessness” on these detainees by subjecting them to a series of enhanced interrogation techniques. This Article revisits the prohibition against non-consensual human experimentation to determine whether the CIA’s treatment of detainees violated international law. It examines the historical record that gave rise to the prohibition and its eventual codification in international law. It then considers the application of this norm to the CIA’s treatment of high-value detainees by examining Salim v. Mitchell, a lawsuit brought by detainees who were subjected to enhanced interrogation techniques. This Article concludes that the CIA breached the prohibition against non-consensual human experimentation when it conducted systematic studies on these detainees to validate the theory of learned helplessness. Copyright © 2018 William J. Aceves *Dean Steven R. Smith Professor of Law at California Western School of Law. -
The Belmont Report Ethical Principles and Guidelines for the Protection of Human Subjects of Research
THE BELMONT REPORT ETHICAL PRINCIPLES AND GUIDELINES FOR THE PROTECTION OF HUMAN SUBJECTS OF RESEARCH The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research April 18, 1979 SUMMARY: On July 12, 1974, the National Research Act (Pub. L. 93-348) was signed into law, there-by creating the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. One of the charges to the Commission was to identify the basic ethical principles that should underlie the conduct of biomedical and behavioral research involving human subjects and to develop guidelines which should be followed to assure that such research is conducted in accordance with those principles. In carrying out the above, the Commission was directed to consider: (i) the boundaries between biomedical and behavioral research and the accepted and routine practice of medicine, (ii) the role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects, (iii) appropriate guidelines for the selection of human subjects for participation in such research and (iv) the nature and definition of informed consent in various research settings. The Belmont Report attempts to summarize the basic ethical principles identified by the Commission in the course of its deliberations. It is the outgrowth of an intensive four-day period of discussions that were held in February 1976 at the Smithsonian Institution's Belmont Conference Center supplemented by the monthly deliberations of the Commission that were held over a period of nearly four years. It is a statement of basic ethical principles and guidelines that should assist in resolving the ethical problems that surround the conduct of research with human subjects. -
Occupational Therapy Code of Ethics and Ethics Standards (2010)
Occupational Therapy Code of Ethics and Ethics Standards (2010) PREAMBLE The American Occupational Therapy Association (AOTA) Occupational Therapy Code of Ethics and Ethics Standards (2010) ("Code and Ethics Standards") is a public statement of principles used to promote and maintain high standards of conduct within the profession. Members of AOTA are committed to promoting inclusion, diversity, independence, and safety for all recipients in various stages of life, health, and illness and to empower all beneficiaries of occupational therapy. This commitment extends beyond service recipients to include professional colleagues, students, educators, businesses, and the community. Fundamental to the mission of the occupational therapy profession is the therapeutic use of everyday life activities (occupations) with individuals or groups for the purpose of participation in roles and situations in home, school, workplace, community, and other settings. "Occupational therapy addresses the physical, cognitive, psychosocial, sensory, and other aspects of performance in a variety of contexts to support engagement in everyday life activities that affect health, well being, and quality of life" AOTA, 2004). Occupational therapy personnel have an ethical responsibility primarily to recipients of service and secondarily to society. The Occupational Therapy Code of Ethics and Ethics Standards (2010) was tailored to address the most prevalent ethical concerns of the profession in education, research, and practice. The concerns of stakeholders including the public, consumers, students, colleagues, employers, research participants, researchers, educators, and practitioners were addressed in the creation of this document. A review of issues raised in ethics cases, member questions related to ethics, and content of other professional codes of ethics were utilized to ensure that the revised document is applicable to occupational therapists, occupational therapy assistants, and students in all roles. -
Human Challenge Trials for Vaccine Development: Regulatory Considerations
POST ECBS Version ENGLISH ONLY EXPERT COMMITTEE ON BIOLOGICAL STANDARDIZATION Geneva, 17 to 21 October 2016 Human Challenge Trials for Vaccine Development: regulatory considerations © World Health Organization 2016 All rights reserved. Publications of the World Health Organization can be obtained from WHO Press, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264; fax: +41 22 791 4857; e-mail: [email protected]). Requests for permission to reproduce or translate WHO publications – whether for sale or for noncommercial distribution – should be addressed to WHO Press, at the above address (fax: +41 22 791 4806; email: [email protected]). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent approximate border lines for which there may not yet be full agreement. The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. All reasonable precautions have been taken by the World Health Organization to verify the information contained in this publication. However, the published material is being distributed without warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the material lies with the reader. -
Informed Consent and Refusal
CHAPTER 3 Informed Consent and Refusal Evolution of the doctrine of informed consent Elements of informed consent and refusal The nature of informed consent Exceptions to the consent requirement Mrs. Stack is a 67- year- old woman admitted with rectal bleeding, chronic renal in- sufficiency, diabetes, and blindness. On admission, she was alert and capacitated. Two weeks later, she suffered a cardiopulmonary arrest, was resuscitated and intu- bated, and was transferred to the medical intensive care unit (MICU) in an unrespon- sive and unstable state. Consent for emergency dialysis was obtained from her son, who is also her health care agent. Dialysis was repeated two days later. During the past several years, Mrs. Stack has consistently stated to her family and her primary care doctor that she would never want to be on chronic dialysis and she has refused it numerous times when it was recommended. The physician, who has known and treated Mrs. Stack for many years, also treated her daughter who had been on chronic dialysis for some time and had died after suffering a heart attack. According to the physician and the patient’s family, Mrs. Stack’s refusal of dialysis has been based on her conviction that her daughter died as a result of the dialysis treatments. Mrs. Stack’s mental status has cleared considerably and, despite the ventilator, she is able to communicate nonverbally. Although she appears to understand the benefits of dialysis and the consequences of refusing it, including deterioration and eventual death, she has consistently and vehemently refused further treatments. Her capacity to make this decision is not now in question. -
International Regulation of Human Subject Experimentation
04__LAUGHTON.DOC 5/27/2008 1:29:05 PM SOMEWHERE TO RUN, SOMEWHERE TO HIDE?: INTERNATIONAL REGULATION OF HUMAN SUBJECT EXPERIMENTATION ADAM H. LAUGHTON* INTRODUCTION The pharmaceutical industry is one of the most important players in the field of clinical research on human beings. Increasingly in recent years, “Big Pharma” in the United States and elsewhere has turned to foreign populations to test its new products. The purpose of this note is to examine how existing sources of quasi-legal and ethical regulation address the troublesome issues raised by this increase in international human experimentation. First, the note gives a brief history of human experimentation and its regulation, giving special focus to the events of the twentieth century that have most affected the development of the bioethics movement. Next, it describes and compares several instruments of international regulation of human subject experimentation. Finally, it examines some of the difficult ethical issues associated with international research on human subjects. In this discussion, the greatest amount of attention will be given to clinical trials performed by the pharmaceutical industry. Other types of international research on human subjects exist, but research by the pharmaceutical companies poses its own special regulatory and ethical problems. I. HISTORY AND BACKGROUND A. Pre-Nuremberg Though the Holocaust and the concurrent Nazi experimentation on prisoners and Jews1 brought unprecedented attention to Copyright © 2007 by Adam H. Laughton. * Adam H. Laughton is a J.D. candidate at Duke University School of Law and an Executive Editor of the Duke Journal of Comparative and International Law. He would like to thank his wife Ariel Bybee Laughton for her constant support in all of his academic endeavors. -
IRB Presentation
Institutional Review of Research Involving Human Participants IRB Presentation University of Central Florida Office of Research & Commercialization 407-823-2901 or fax 407-823-3299 www.research.ucf.edu/Compliance/irb.html 1 University of Central Florida Institutional Review Board Overview Sophia F. Dziegielewski, Ph.D., LCSW IRB Chair Michael G. Deichen, MD, MPH IRB Vice Chair IRB Office Staff: Joanne Muratori, MA, CIP, CIM Patria Davis, MSP, CIP Kamille Chaparro, BS Gillian Morien, BS 2 IRB Function The purpose of an IRB is to review research involving human subjects to ensure their rights and welfare are adequately protected. 3 The Role of the IRB Members Charged with safeguarding the rights and welfare of human subjects. Duties include reviewing protocols that involve the use of human subjects. Assist and guide researchers to help protect the rights of human subjects 4 Research Ethics Why Do Human Research Subjects Need Protection? Trigger Events • The Nazi Experiments • Tuskegee Syphilis Study • Milgram’s Studies • Rosenhan Studies • Laud Humprey’s 6 Trigger Events: “What we have learned from history…” Nazi experimentation on concentration camp prisoners Tuskeegee Syphilis Study Milgram Study 7 Do we have a right to use information gathered unethically? Prisoner of War camps in Asia and Europe: practiced mutilation surgery, tested antibiotics, affects of cold, injured people to study the healing process. Tuskegee Experiments: Physical Harm 1932 took 625 black males and studied the course of syphilis. 425 were diagnosed as having syphilis and the remainder were used as a control. In 1937 we discovered Penicillin but still did not give it to the men. -
The Implications of Religious Beliefs on Medical and Patient Care
University of Pennsylvania ScholarlyCommons Master of Science in Organizational Dynamics Theses Organizational Dynamics Programs 11-14-2011 The Implications of Religious Beliefs on Medical and Patient Care Dana I. Al Husseini University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/od_theses_msod Al Husseini, Dana I., "The Implications of Religious Beliefs on Medical and Patient Care" (2011). Master of Science in Organizational Dynamics Theses. 46. https://repository.upenn.edu/od_theses_msod/46 Submitted to the Program of Organizational Dynamics in the Graduate Division of the School of Arts and Sciences in Partial Fulfillment of the Requirements for the Degree of Master of Science in Organizational Dynamics at the University of Pennsylvania Advisor: Adrian Tschoegl This paper is posted at ScholarlyCommons. https://repository.upenn.edu/od_theses_msod/46 For more information, please contact [email protected]. The Implications of Religious Beliefs on Medical and Patient Care Abstract Throughout history and to this date in a continuously globalized world, monotheistic religions and medicine have caused numerous acrimonious debates especially in crucial moments of life and death. Medical and nursing staff working with patients from different religions in any country in the world must adhere to and respect those patients’ faiths and be aware of them to provide better patient care and in worst case scenarios, avoid litigation. Furthermore, this paper should not to be treated as an encyclopedic reference; it is merely a general overview into the three monotheistic faiths to alert professional healthcare staff of the possibility of a religious implication even if it contradicts their own concerns and points of views. -
Informed Consent
Christine Grady Department of Bioethics NIH Clinical Center The views expressed here are mine and do not necessarily represent those of the CC, NIH, or Department of Health and Human Services Informed consent is the bedrock principle on which most of modern research ethics rest…This was at the heart of the crucial ethical provision stated in the first words of the Nuremberg Code, and it remains equally compelling a half century later. Menikoff J, Camb Quarterly 2004 p 342 Authorization of an activity based on understanding what the activity entails. A legal, regulatory, and ethical requirement in health care and in most research with human subjects A process of reasoned decision making (not a form or an episode) One aspect of conducting ethical clinical research “Every human being of adult years and sound mind has a right to determine what will be done with his body… Justice Cardozo, 1914 Respect for autonomy or for an individual’s capacity and right to define own goals and make choices consistent with those goals. Well entrenched in American values, jurisprudence, medical practice, and clinical research. “Informed consent is rooted in the fundamental recognition…that adults are entitled to accept or reject health care interventions on the basis of their own personal values and in furtherance of their own personal goals” Presidents Commission for the study of ethical problems…1982 Informed consent in medical practice …informed consent in clinical practice is frequently inadequate… Physicians receive little training… Misunderstand requirements and legal standards… Time pressures and competing demands… Patient comprehension is often poor… Recent studies have demonstrated improvement in patient understanding of risks after communication interventions Schenker et al 2010; Matiasek et al. -
Code Gray.Pub
Written by Christine Mitchell, RN, FAAN and Ben Achtenberg with a historical commentary by Susan Reverby, PhD and assistance from Joan Sawyer and Karen Wolf, RN, MS Contents INTRODUCTION ....................................................................................... 3 Background ............................................................................................3 Synopsis of the Film ..............................................................................3 Suggested Uses .......................................................................................4 Scheduling ..............................................................................................4 FILM AS A TOOL FOR DISCUSSION .......................................................4 WHAT IS NURSING ETHICS? ...................................................................5 GLOSSARY ...................................................................................................5 SOME GENERAL DISCUSSION QUESTIONS ........................................6 CASE 1: BENEFICENCE ............................................................................7 Description of the Case .........................................................................7 The Principle: Beneficence ...................................................................7 Questions for Discussion ......................................................................8 CASE 2: AUTONOMY ................................................................................9 Description