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REGULATORY PROTECTIONS FOR HUMAN SUBJECTS. TERRENCE F. ACKERMAN, PH.D. PROFESSOR OF BIOETHICS CHAIR, UTHSC IRB. PLAN OF ANALYSIS. HISTORICAL EVENTS CREATING CONCERNS ABOUT PROTECTION OF HUMAN SUBJECTS THE WORK OF THE NATIONAL COMMISSION & CREATION OF THE FEDERAL REGULATIONS
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REGULATORY PROTECTIONS FOR HUMAN SUBJECTS TERRENCE F. ACKERMAN, PH.D. PROFESSOR OF BIOETHICS CHAIR, UTHSC IRB
PLAN OF ANALYSIS • HISTORICAL EVENTS CREATING CONCERNS ABOUT PROTECTION OF HUMAN SUBJECTS • THE WORK OF THE NATIONAL COMMISSION & CREATION OF THE FEDERAL REGULATIONS • STRUCTURE & CONTENT OF REGULATORY PROTECTIONS
THE NUREMBERG DOCTORS’ TRIAL • 23 NAZI MEDICAL PERSONNEL TRIED FOR CRIMES AGAINST HUMANITY • TEN PRINCIPLES ENUNCIATED BY THE COURT AS THE BASIS FOR ITS DECISION
THE THALIDOMIDE TRAGEDY • DRUG PRESCRIBED TO WOMEN UNAWARE OF ITS INVESTIGATIONAL STATUS CAUSES LIMB DEFECTS IN FETUSES • KEFAUVER-HARRIS AMENDMENTS OF 1962 REQUIRE EVIDENCE OF EFFICACY FOR FDA DRUG APPROVAL • INFORMED CONSENT GENERALLY REQUIRED FOR INVESTIGATIONAL USE OF DRUGS
RESEARCH SCANDALS OF THE 1960s • THE JEWISH CHRONIC DISEASE HOSPITAL IMMUNOLOGY STUDY • BEECHER’S ARTICLE: “ETHICS IN CLINICAL RESEARCH” • THE SAN ANTONIO BIRTH CONTROL STUDY • THE TUSKEGEE SYPHILIS STUDY
THE NATIONAL COMMISSION & PROMULGATION OF THE FEDERAL REGULATIONS
THE NATIONAL COMMISSION • BASIC ETHICAL PRINCIPLES FOR HUMAN RESEARCH • GUIDELINES AND PROCEDURES FOR IRB REVIEW • ADDITIONAL RULES FOR RESEARCH WITH VULNERABLE SUBJECTS
KEY MORAL INTERESTS OF HUMAN SUBJECTS • RESPECT FORPERSONAL AUTONOMY • PROTECTION OF PERSONAL WELFARE • FAIR TREATMENT
PROMULGATION OF THE FEDERAL REGULATIONS • PREGNANT WOMEN & FETUSES (1975) • PRISONERS (1978) • BASIC RULES FOR IRB REVIEW (1981) • CHILDREN (1983) • PERSONS INSTITUTIONALIZED AS MENTALLY INFIRM (NOT IMPLEMENTED)
FRAMEWORK FOR THE REGULATORY PROTECTIONS • INSTITUTIONS MUST HAVE AN IRB REVIEW ALL REGULATED HUMAN RESEARCH • AN IRB MUST CONSIST OF AN INTERDISCIPLINARY GROUP OF SCIENTISTS AND LAYPERSONS • CRITERIA FOR APPROVAL OF STUDIES ARE SET BY FEDERAL REGULATIONS • IRB APPROVAL IS NECESSARY FOR RESEARCH TO OCCUR
GENERAL CRITERIA FOR PROTOCOL APPROVAL (1) • RISKS TO SUBJECTS ARE MINIMIZED • RISKS ARE REASONABLE IN RELATION TO ANTICIPATED BENEFITS • DATA WILL BE MONITORED TO ENSURE SAFETY OF SUBJECTS • APPROPRIATE ADDITIONAL SAFEGUARDS ARE USED TO PROTECT VULNERABLE SUBJECTS
GENERAL CRITERIA FOR STUDYAPPROVAL (2) • INFORMED CONSENT WILL BE SECURED • INFORMED CONSENT WILL BE PROPERLY DOCUMENTED • SUBJECT PRIVACY & CONFIDENTIALITY WILL BE PROTECTED • SELECTION OF SUBJECTS IS EQUITABLE
REGULATIONS ON SPECIAL POPULATIONS • PREGNANT WOMEN & FETUSES • PRISONERS • CHILDREN • INSTITUTIONALIZED MENTALLY ILL • (NOT IMPLEMENTED)
ADDITIONAL IRB REVIEW RESPONSIBILITIES • CONTINUING REVIEW OF PREVIOUSLY APPROVED RESEARCH • REVIEW OF PROPOSED REVISIONS IN PREVIOUSLY APPROVED RESEARCH • ASSESSMENT OF UNANTICIPATED PROBLEMS, INCLUDING ADVERSE EVENTS
COMPLIANCEMONITORING • IRB MAY AUDIT STUDIES TO DETERMINE COMPLIANCE WITH REGULATIONS & LOCAL IRB POLICY • IRB HAS AUTHORITY TO SUSPEND OR TERMINATE APPROVAL • SUSPENSION OR TERMINATION MUST BE REPORTED TO INSTITUTIONAL & FEDERAL OFFICIALS
SUMMARY • HISTORICAL VIOLATIONS OF THE RIGHTS & WELFARE OF HUMAN SUBJECTS LED TO FEDERALREGULATIONS • NATIONAL COMMISSION FORMULATED BASIC MORAL PRINCIPLES & PROPOSED REGULATIONS • IRBs ARE RESPONSIBLE FOR APPROVING RESEARCH & MONITORING REGULATORY COMPLIANCE • CRITERIA FOR IRB APPROVAL ARE SET BY FEDERAL REGULATIONS & REFLECT BASIC MORAL PRINCIPLES FOR THE CONDUCT OF HUMAN RESEARCH