Transcript Slide 1
Learning objectives After giving this lecture the student should be able to do the following: Describe the historical background that led to the development of ethical guidelines for the use of human subjects in research. Identify the essential elementals of an informed consent form. Evaluate the adequacy of an informed consent form. Describe the institutional review board’s role in the research review process. Critique the ethical aspects of a research study. Introduction Researchers and caregivers of research subjects must take every precaution to protect people being studied from physical or mental harm or discomfort. The principle “ the ends justify the means” must never be tolerated. Researchers and caregivers providing care to patients, who has happen to be research subjects, must be fully committed to the tenets of informed consent and patients rights. Historical perspective: Ethical and legal consideration with regard to research first received attention after world war II .( when Nazi physicians do their trials on war criminals). Development of the Nuremburg code. Articles of the Nuremberg code The voluntary consent of the human subject is absolutely essential. The study should be such as to yield fruitful results for the good of society, unprocurable by other means of study , and not random and unnecessary in nature. The experimental should be so designed and based on the results of animal experimentation and knowledge of the natural history of the disease or other problems under study that the anticipated results will justify the performance of the experiment. The experiment should be conducted to avoid all unnecessary physical and mental suffering and injury. No experimental should be conducted to where there is a prior reason to believe that death or disabling injury. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the experiment. Proper preparations should be made and adequate facilities provided to protect the subject against …. Injury, disability, or death. The experiment should be conducted only by scientifically qualified persons The human subject should be at liberty to bring the experiment to an end. During the experiment, the scientist ….if he has probable cause to believe that a continuation of the experiment is likely to result in injury, disability or death to the experimental subject…. Will bring it to a close. Several other international standards have followed such as: “ Declaration of Helsink (1964) The first set of proposed regulations on the protection of human subjects were published by the department of health, education, and welfare The most impotent provision was a regulation mandating that an institutional review board (IRB) must review and approve all studies. The national commission for the protection of human subjects of biomedical and behavioral research, was created by the national research Act(1974). It identifies 3 basic ethical principles that should be followed in any research. Basic Ethical principles relevant to the conduct of research Respect for person: o Beneficence o People have the right to self-determination and to treatment as autonomous agents. Thus they have the freedom to participate or not participate in research . Persons with diminished autonomy are entitled to protection. An obligation to do no harm and maximize possible benefits. Persons are treated in an ethical manner when their decisions are respected .they are protected from harm and efforts are made to secure their well –being. justice o Human subjects should be treated fairly. An injustice occurs when benefit to which a person is entitled is denied without good reason or when a burden is imposed unduly. Belmont Report served as a model for many of the ethical codes developed by scientific disciplines In 1980, the department of health and human services developed a set of regulations such as: o o o o o General requirements for informed consent Documentation of informed consent Institutional review board (IRB) review of research proposals. Exempt and expedited review procedures for certain kinds of research. Criteria for IRB approval of research. Examples of unethical research studies In 1965 Doctors inspected aged & senile patients with live cancer cells to study their rejection response. o o No informed consent. No approval of the study from the ethical committee In 1969 investigational drugs were used on mentally disabled children without first obtaining the opinion of a psychiatrist. In 1932-1978 the researchers wanted to study the untreated syphilis patients treatment was withheld from the group having syphilis. Current and Future Ethical Dilemmas in Research : - Area of biotechnology Using Animals for research as in case of transplantations The ethics' as well as the risks and benefits of this type of human / animal research are still in question , the issue is very controversial . Other area of research that create discussion and controversy are : A Fetal tissue research . Use of women who are of childbearing potential as subject in drug/therapeutic studies. Evolution of ethics in nursing research 1897 : Nurses’ associated alumnae organization (establishes a code of ethics for the nursing profession ) 1900 : - Isabel, Hampton, Robb wrote “Nursing ethics” : for hospital and private use They highlight a historical concern for ethical action by nurses as health care providers. 1970 : - The American nurses associations (ANA) established the commission on nursing research. It supports two sets of human rights : 1 – The right of qualified nurses to engage in research and have access to resource necessary for implementing scientific investigation . 2 – The rights of all persons who are participants in research ANA emphasized human rights in term of 3 domains : 1 – Right to freedom from intrinsic risk on injury . 2 – Right to privacy and dignity 3 – Right to anonymity . 1975 : - ANA published the human rights guidelines for nursing in clinical and other research which reflect the nursing professions code of ethics for research. NB : the nurse as a researcher as caregiver must assure patients that their human rights will be safe guarded . 1988 : Fowler, a nurse ethicist , calls for as international code of ethics for nursing research . 1990 : Davis, supports the concept of shared values among all nurses, stating that many of nursing shared values are found in their professional codes. NB. Some countries have their own codes others use the international council of nurses (ICN) code for nurses . American nursing association human rights guidelines for nurses in clinical and other research Cuidline1 : Right to self Determination Implementation: where research participation is a condition of employment, nurses must be informed in writing of the nature of the activity involved in advance of employment. If nurses are not so informed , they must be given the opportunity potential of risk to others must be clarified in relation to the types of risk involved, the ways of recognizing when risk is present, and the ways in which to counteract potential and unnecessary danger. Cuidline2 : Right to Freedom from Risk or harm Implementation: Investigators must ensure freedom of risk from harm by estimating the potential physical or emotional risk and benefit involved vulnerable and captive subjects, such as students, patients prisoners, mentally incompetent , children , the elderly, and the poor, must be carefully monitored for sources of potential risk of injury so they can be protected. Cuidline3 : Scope of Application Implementation: Guidelines for protection of human rights apply to all individuals, that is subjects involved in research activities. The use of subjects with limited civil freedom can usually be justified only when there is benefit to them or others in similar circumstances. Cuidline4 : Responsibility to Support Knowledge Development Implementation: Nurses have an obligation to support the development of the scientific Knowledge or base of nursing practice. Cuidline5 : Informed consent Implementation: the right to self-determination is protected when informed consent is obtained from the prospective or legal guardian. Cuidline6 : Participation on institutional Review Boards Implementation: As Professionals accountable to the public who are the consumers of health care, nurses have an obligation to support the inclusion of nurses on institutional review boards (IRBs). Nurses also have an obligation to serve on IRBs to review ethical implications of proposed and ongoing research. All studies involving data collection from humans, animals, or records should be reviewed by a review board of health professionals and community representative who ensure the protection of subject rights. 1 – right to self-determination : Based on the ethical principle of respect for persons, people should be treated as autonomous agents who have the freedom to choose without external controls . The right to participate in the study or not The right to withdraw at any time of the study with penalty. 2-Right to privacy as dignity: Based on the principle of respect privacy is the freedom of a person to determine the time , extent , and circumstances under which private information is shared as withheld from others. 3- Right to anonymity and confidentiality: Based on the principle of respect subjects identity can not be lined to the information they provided and not publicly repented. 4 - Right to fair treatment : Based on the ethical principle of justice, people should be treated fairly and should receive what they are due or owed . 5 - Right to protection from discomfort and harm: Based on the ethical principle of beneficence. People must take an active role in promoting good and preventing harm in any thing, as well as in research studies . Discomfort and harm can be physical, psychological, social, or economic in nature . Procedure for protecting basic human right informed consent It the legal principle that , at least in theory governs the patients ability to accept or reject individual medical interventions designed to diagnose determines or treats an illness. It is also the doctrine that determines and regulates participation in research ( Dubler, 1987 ) . Elements of informed consent 1. 2. 3. 4. 5. A statement that the study involves research. An explanation of the purposes of the research, delineating the excepted duration of the subject’s participation. A description of the procedures to followed, and identification of any procedures which are experimental. A description of any reasonably risks or discomforts to the subject. A description of any benefits to the subject or to others that may reasonably be expected from the research. 6. 7. 8. A disclosure of appropriate alternative procedures course of treatment, if any, that might be advantageous to the subject. A statement describing the extent to which anonymity and confidentiality of the records identifying the subject will be maintained For research involving more than minimal risk, an explanation as to whether consist of, or where further information may be obtained. 9. 10. An explanation about who to contact for answers to questions about the research and researcher subjects’ rights , and who to contact in the event of a research-related injury to the subject. A statement that participation is voluntary, that refusal to participate will not involve any penalty or less benefit to which the subject is otherwise entitled and the subject may discontinue participation at any time without penalty or loss of otherwise entitled benefits. What the research should downer involving human being in research : 1. 2. 3. 4. 5. 6. Obtaining the legally effective informed consent of a subject as legally authorized representative. The language of the consent form must be understandable (the use of technical research language should be avoided ) Informed consent could be obtained through personal discussion with potential subject . Assurance of anonymity and confidentiality is usually conveyed in writing . The consent from must be signed by the subject and dated. Sometimes there is a witness to sign and also the research signs the form to indicate commitment to the agreement The consent should be kept by the subject and the researcher should keep a copy also. 7. 8. 9. Some researches such as a retrospective chart audit , may not require informed consent , but only institutional approval is enough. Sometimes there is only a need to provide the subject with the needed information though verbal explanation. The IRB makes the final determination as to the most appropriate documentation format. Research consumers should note whether and what kind of evidence of informed consent has been provided in a research article. The intuitional review boardd : Intuitional review boards ( IRBs) are boards that review research projects to assess that ethical standards are met in relation to the protection of the rights of human subjects. The national research act require that the IRB have at least five members of various back grounds to promote complete and adequate project review. •The members must be qualified by virtue of their expertise and experience and reflect professional , gender , racial , and cultural diversity. • Membership must include one member whose concerns are primarily nonscientific such as lawyer and at least one member from outside the agency. •The board reviews the study’s protocol to ensure that it meets the requirements of ethical research. •Most boards provide guideline as instructions for researcher that include steps to be taken to receive IRB approval .e.g. guideline for writing a standard consent form or criteria. •The IRB has the authority to approve research require modification as disapprove, or disapprove a research study. A researcher must receive some form of IRB approval before beginning to conduct research The IRB have the authority to suspend or terminate approval of research that is not conducted in accordance with IRB requirement or that has been associated with unexpected serious harm to subjects. The IRB have mechanisms for reviewing research in an expedited manner where there is minimal risk to research subject (Federal code 1983) Nurses who are critiquing published research should be conversant with current regulation to determine whether ethical standards have been met . Special legal and Ethical Considerations Related to Protecting Basic Human Right – Researchers are advised to consult their agency’s IRB for the most recent federal and state rules and guidelines when considering research involving the elderly children , the mentally ill, prisoners, the deceased, the unborn, student, and persons with AIDS. Critiquing criteria 1. Was the study approved by IRB or other agency committee members? 2. Is there evidence that informed consent was obtained from all subjects or their representatives? How was it obtained? 3. Were the subjects protected from physical or emotional harm? 4. Were the subjects or their representatives informed about the purpose and nature of the study? 5. Were the subjects or their representatives informed about any potential risks that might result from participation in the study? 6. Did the benefits of the study outweigh the risks? 7. Were subject coerced or unduly influenced to participate in this study? did they have the right to refuse to participate or withdraw without penalty? Were vulnerable subjects used? 8. Were appropriate steps taken to safeguard the privacy of subject? How have data been kept anonymous and/or confidential?