Master of Bioethics
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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. -
CECA COMMITTEE MEETING MINUTES May 17, 2012 PRESENT
CECA COMMITTEE MEETING MINUTES May 17, 2012 PRESENT ABSENT Armand Antommaria Jack Gallagher Art Derse Christine Mitchell Bob Baker (Code liaison) Nneka Mokwunye Ken Berkowitz Tia Powell Jeffrey Berger Marty Smith Joseph Carrese Brian Childs Paula Goodman-Crews Ann Heesters Martha Jurchak Kayhan Parsi Kathy Powderly Terry Rosell Wayne Shelton Jeffrey Spike Anita Tarzian (chair) Lucia Wocial Pearls & Pitfalls paper The “HCEC PEARLS AND PITFALLS”: Suggested Do’s And Don’ts for Health Care Ethics Consultants” manuscript has been accepted by JCE. JCE will retain the copyright for the full article, but the Pearls & Pitfalls themselves can be posted on ASBH website and used by others (with appropriate citation). Timing of the publication has not yet been established. Joe mentioned the statement in the current manuscript that readers can provide feedback about the paper on the ASBH website. Kayhan mentioned that ASBH’s website is currently undergoing revision, and will check with Chris Welber at AMC regarding the ability to have visitors post feedback on a specific location of the website. The manuscript will be modified accordingly before publication to match website capacity. Update from Board The Board is asking that CECA submit the Request for Proposals that was previously put on hold pending the Quality Attestation efforts underway. The Board has decided to pursue both activities in parallel. Anita will circulate the current RFP draft to CECA members to identify a process for completing this and submitting to the Board. The Board is developing operating standards for ASBH standing committees, which will impact CECA’s recent discussion about term limits and member rotation. -
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. -
Position on Bioethics
Position on Bioethics Background Bioethics refers to the application of ethical principles to address potential ethical questions arising from biological research, science and medicine. Bioethics may include ethical dimensions of medical research, clinical trials, use of different forms of technology in healthcare, public policy, prioritization of research and resources, and much more. For any company involved in healthcare, bioethics questions frequently arise and require resolutions based on accepted bioethics principles. The four commonly accepted principles of bioethics1 are: • Autonomy: Requires that the patient have autonomy of thought, intention and action when making decisions regarding healthcare procedures and must give fully informed consent with knowledge of all risks and benefits of the procedure and the likelihood of success. • Justice: Requires that procedures uphold the spirit of existing laws and are fair to all players involved, ensuring that no population be overly burdened or overly valued in research and scientific progress. • Beneficence: Requires that the procedure be provided with the intent of doing good for the patient involved, considers individual circumstances of all patients and strives for net benefit. • Non-maleficence: Requires that a procedure does not harm the patient involved or others in society. Relevance Bioethics plays a critical role in the advancement of human health by ensuring safe, ethical and just applications of new science and technological and therapeutic breakthroughs. As the world’s largest and most broadly based healthcare company, reaching patients and consumers each day with our medicines, consumer care products and medical devices, Johnson & Johnson is a leader in healthcare research and development. We employ significant resources in the development of new medicines and medical devices and their application. -
The Impossibility of Informed Consent?
JME40: Good medical ethics J Med Ethics: first published as 10.1136/medethics-2014-102308 on 16 December 2014. Downloaded from PAPER The impossibility of informed consent? Kenneth Boyd Correspondence to ABSTRACT medical ethics’ over the 40 years of the Journal’s Professor Kenneth Boyd, The problematic nature of informed consent to medical publication. Biomedical Teaching Organisation, Edinburgh treatment and research, and its relation to autonomy, trust and clinical practice, has been addressed on many University, Edinburgh, Scotland Surveying the scene: the law and ethics of EH89AG, UK; occasions and from a variety of ethical perspectives in informed consent to treatment and research [email protected] the pages of the Journal of Medical Ethics. This paper Two early and wide-ranging contributions on medi- gives an account of how discussion of these issues has Received 1 September 2014 colegal and ethical aspects of informed consent developed and changed, by describing a number of Revised 26 September 2014 were made in papers by judge Kirby3 of Australia Accepted 23 October 2014 significant contributions to these debates which provide in 1983 and paediatrician Silverman4 of the USA in examples of ‘doing good medical ethics’ over the 1989. Both agreed that a paternalist or beneficence- 40 years of the Journal’s publication. based approach, in which the doctor recommends a course of treatment to which the patient either con- sents or refuses, had properly been superseded by THE IMPOSSIBILITY OF INFORMED CONSENT? an approach based on respect for the autonomy or Awareness that informed consent is problematic, in right to self-determination of the individual theory and in practice, was already evident in the patient. -
Reproductive Technology in Germany and the United States: an Essay in Comparative Law and Bioethics
ROBERTSON - REVISED FINAL PRINT VERSION.DOC 12/02/04 6:55 PM Reproductive Technology in Germany and the United States: An Essay in Comparative Law and Bioethics * JOHN A. ROBERTSON The development of assisted reproductive and genetic screening technologies has produced intense ethical, legal, and policy conflicts in many countries. This Article surveys the German and U.S. experience with abortion, assisted reproduction, embryonic stem cell research, therapeutic cloning, and preimplantation genetic diagnosis. This exercise in comparative bioethics shows that although there is a wide degree of overlap in many areas, important policy differences, especially over embryo and fetal status, directly affect infertile and at-risk couples. This Article analyzes those differences and their likely impact on future reception of biotechnological innovation in each country. INTRODUCTION ..................................................................................190 I. THE IMPORTANCE OF CONTEXT.............................................193 II. GERMAN PROTECTION OF FETUSES AND EMBRYOS ...............195 III. ABORTION .............................................................................196 IV. ASSISTED REPRODUCTION .....................................................202 A. Embryo Protection and IVF Success Rates................204 B. Reducing Multiple Gestations ....................................207 C. Gamete Donors and Surrogates .................................209 V. EMBRYONIC STEM CELL RESEARCH......................................211 -
Top 50 Bioethics Journals and Top 250 Most Cited Bioethics Articles Since 2011, 2016 Edition May 23, 2016 | BRL Blog, Featured
U a Top 50 Bioethics Journals and Top 250 Most Cited Bioethics Articles Since 2011, 2016 Edition May 23, 2016 | BRL Blog, Featured This 2016 edition of the “top bioethics journals and articles” list includes updated rankings for bioethics journals and new citation metrics for articles published in 2015, as well as updates for previous years’ top articles. Links to the publisher pages are included for each article as well as links to their citation page on Google Scholar. The average H5 index for the top fifty-two journals is 13.38, with a tied high of 28 and a minimum of 6. Here are the top top 52 journals and 252 most cited articles from the top bioethics journals published in 2009 through 2015. View the Top Articles by Year: 2015, 2014, 2013, 2012, 2011. About this Analysis This is an updated citation analysis for 2011 through 2015 of the top 100 bioethics journals. I’ve included the top 50 journals and the top cited articles per year including the h5 ranking. Just over 20,000 articles were analyzed in this dataset, shared here as a spreadsheet. If you’re interested in using this study in a publication or presentation please let me know so I can share a link to your research on this blog post. I utilized Harzing’s Publish or Perish software over a period of 10 days to gather this new data in May, 2016. The citation metrics are from Google Scholar’s index. Author: Mark Hakkarinen, M.A. Kennedy Institute of Ethics, Georgetown University. -
Program AALS Supporters
AALS.ORG/AM2017 #AALS2017 Program AALS Supporters Sustaining ($50,000 and above) Gold ($7,500 – $14,999) Access Group ABA Section of Legal Education and Law School Admission Council* Admissions to the Bar* West Academic Bloomberg Law* Carolina Academic Press* Lawdragon* Platinum ($15,000 – $49,999) Arnold & Porter Silver ($3,000 – $7,499) Covington & Burling Cravath Complete Equity Markets* K&L Gates Diablo Custom Publishing* Microsoft* The Froebe Group* National Association for Law Placement O’Melveny & Myers Bronze ($1,000 – $2,999) Paul Weiss Proskauer Boston University School of Law* Sidley Austin Clorox Starbucks iLaw* Sullivan & Cromwell The John Marshall Law School* Wachtell Santa Clara University School of Law* Williams & Connolly Stanford Law School* WilmerHale Texas Tech University School of Law* University of California, Hastings College of Law* University of Washington School of Law* University of Nevada, Las Vegas, William S. Boyd School of Law* William S. Hein, Co., Inc.* iLaw * 2017 Annual Meeting Sponsor 111th Annual Meeting WHY LAW MATTERS Tuesday, January 3 – Saturday, January 7, 2017 Hilton San Francisco Union Square | Parc 55 San Francisco – a Hilton Hotel aals.org/am2017 | #aals2017 Welcome to San Francisco for the 111th Annual Meeting of the Association of American Law Schools We are pleased to welcome you to San Francisco for the 111th Annual Meeting of the Association of American Law Schools. Our dynamic, vibrant schedule of programs has been planned to offer valuable information and professional development no matter where you are in your career. Our slate of events, formal and informal, and other opportunities will provide time to connect with colleagues from around the country. -
Whose Life Is It Anyway? a Study in Respect for Autonomy
Journal ofmedical ethics 1995; 21: 179-183 J Med Ethics: first published as 10.1136/jme.21.3.179 on 1 June 1995. Downloaded from Medicine and literature Whose Life Is It Anyway? A study in respect for autonomy Margaret Norden Marymount University, Arlington, Virginia, USA Abstract Precis of the story Brian Clark's drama, Whose Life Is It Anyway? (1), Whose Life Is It Anyway? opens with the explores the difficulties ofapplying the principle of hospitalization of Ken Harrison who was critically respect for autonomy to real-life circumstances. In the injured in an automobile accident four months play a permanently disabled patient, who wishes to be earlier and permanently paralyzed from the neck allowed to die, raises moral questions about the down. Although Ken arrived in critical condition, he adequacy of the autonomous agent, respect for the has since been stabilized, informed by his doctors autonomy ofothers, the authority of the law, the that his paralysis is permanent, and advised that he allocation ofsociety's resources, and the intrinsic value will be transferred to a long-term care facility. Facing ofhuman life. After a brief review of the story and the prospect of such an existence, Ken chooses not definition of respect for autonomy, this paper cites to live. He realizes that he could not survive outside passages from the play that dramatize the tension of an institution, and therefore, requests a discharge. between respect for autonomy and these other moral Although a psychiatrist confirms Ken's mental copyright. concerns. There follows a review of relevant competence, the hospital doctors refuse to discharge commentary from the classicists Kant and Mill and the him. -
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. -
Another Perspective on “Neurolaw”: the Use of Brain Imaging in Civil
Another perspective on “neurolaw”: the use of brain imaging in civil litigation 233 Call Another perspective on “neurolaw”: the use of brain imaging in civil litigation regarding mental competence Sonia Desmoulin-Canselier ABSTRACT: The hypothesis of a rise of “neurolaw” shall not be accepted as an obvious and universal truth without taking civil cases and civil law into consideration. This ar- ticle is intended as a contribution to the discussion, analyzing rulings on cases which mentioned MRIs and brain scans as evidence to challenge the validity of civil legal in- struments, based on a claim of mental incompetence (also called “insanité”) in France and in the USA The aim of the study is to test an hypothetical “fascination ef- fect” on judges and to evaluate the true impact in civil jurisprudence of this type of evidence. KEYWORDS: Brain imaging; mental competence; civil litigation; comparison France/USA SOMMARIO: 1. Introduction – 2. Admitting brain images as evidence – 3. Evaluating the persuasiveness of brain images – 4. Conclusion. 1. Introduction n Western countries, genetic science and techniques profoundly modified important branches of criminal and civil law, leading scholars to revise fundamental legal concepts, such “the per- I son”, “parentage”, “proof” and “identity”1. Now they face potential new disruptions arising from the neurosciences. In the past few decades, progress in neuroimaging has provided new possi- bilities for visualizing and conceptualizing the anatomy and function of the brain – i.e. the biological substrate for the human “inner self”, “will”, “identity”, “responsibility” and “dignity”. Some legal scholars, dealing with the implications of these new findings and techniques, are outlining the con- cept of “neurolaw”, forged in the United States2 and now spreading all over the world3.