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120211L - ETHICO-LEGAL ISSUES IN CLINICAL RESEARCH

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Background material by Professor Omar Hasan Kasule Sr. for Year 6 ethics lecture at the Faculty of Medicine King Fahad Medical City 11th February 2012


1.0 GENERAL
Distinguish between therapeutic and non-therapeutic research.

Define the concept ‘good clinical practice’ and list its main principles.

Discuss issues relating to inclusiveness (emphasis on: include minorities and women in research).      

Explain the application of confidentiality in clinical research (use anonymized data, no disclosure of subject details to researchers until after consent).

2.0 GOVERNANCE
Describe the composition of an institutional research ethics committee

Describe the functions of an institutional research ethics committee (emphasis on: scientific quality of the research, competence of the researchers, risks to research subjects, disclosures, compensation, payments to researchers and participants, confidentiality of the data).

3.0 AUTONOMY
Explain the application of the principle of autonomy in clinical research (emphasis on: informed consent, consent needed even for records based research that is published anonymously if non-health care workers have access before anonymizing). 

Explain why informed consent in clinical research is more important than in normal patient treatment.

List information items that patients involved in clinical research must be told (emphasis on: what is the treatment, evidence about the treatment and missing information that necessitates research, how the treatment differs from the standard treatment, available alternatives treatments, likely risks and benefits, measures to ensure safety).

Explain ethico-legal guidelines on withdrawal from research at any time.

4.0 VULNERABLE RESEARCH SUBJECTS…1
Explain ethical guidelines on recruitment as research subjects of people in a dependent capacity such as prisoners, students, and employees.

Explain ethico-legal guidelines on material inducements for research subjects.

Discuss the obligation of members of the armed forces to be research subjects without consent.

5.0 VULNERABLE RESEARCH SUBJECTS…2
Explain ethico-legal guidelines on consent to research by children (emphasis on: consent by competent children endorsed by parents, consent by parents, consider special vulnerability of children’s physiology, research in child’s interests so parents cannot consent to research that is against the child’s interests, benefits must outweigh the harm, extra precautions to prevent abuse, parental consent can be overridden by the child,).

Explain ethico-legal guidelines on consent to research by mentally incompetent persons (emphasis on: decision by proxy or advance consent or refusal, benefits must outweigh the harm, extra precautions to prevent abuse,).

6.0 EMBRYO OR FETAL RESEARCH
Describe 2 sources of embryos for research and explain the difference in ethical consideration between them (embryos can be surplus from IVF procedures or can be created specifically for research. Creation of embryos for the sole purpose of research is a more serious issue).

List research that requires use of embryos (emphasis on conception, contraception, infertility, inherited diseases).

Explain ethical guidelines on research on fetal tissue (emphasis: fetal tissue from spontaneous abortion creates few problems. Fetal tissue from induced abortion created the appearance that the abortion was for purposes of obtaining the tissue, consent is needed, no financial inducements, the timing, place, and type of termination procedure must not be related to the requirements of research).

7.0 RESEARCH USING HUMAN MATERIAL
Describe ethico-legal guidelines on genetic testing of biological samples obtained from individuals (emphasis on: informed consent must be obtained if the test is not anonymized).

Describe ethico-legal guidelines on research on material from living donors (emphasis on: approval by ethics committee, information on the how long the material will be stored and the benefits and risks of the research, informed consent is needed to take more material than is needed for therapeutic purposes and specific consent to a specific research, rules of confidentiality. There is no need for consent to test surplus anonymized material). 

Describe ethico-legal guidelines on research on material from deceased donors (emphasis on: consent by family after full information: what tissues to retain, the purpose and nature of the research, confidentiality).

8.0 PROBLEMS OF FRAUD IN RESEARCH:
Describe various forms of fraud in research (emphasis on: failure to follow standards GCP, failure to get consent, data falsification, plagiarism, including as researchers senior professor who did not actually participate in the research, researchers not trained in ethics, falsifying authorship).

Describe methods of avoiding research malpractices (emphasis on: training researchers in GCP and ethics, ethical and scientific review of the research proposal, detailed recording of all research activities, the principal researcher should be personally involved in the research activities, quality assurance and audit programs, whistleblowers on fraud).