Proxy voting

Tracy About a week ago, Gary posted on Mcwirb what amounts to a big loosening of restrictions by OPRR: they allowed teleconferencing **IF** you carefully documented that each member of the committee had full access to all written material, plenty of time to review the material, and full access to any other relevant data. I think that you can probably find that posting on Mcwirb's web site. So if your IRB answers to OPRR, I doubt they'd allow a vote by someone who had no access to the discussion except via their buddy's good judgement. Remember, OPRR has ruled that if someone steps out of the room to answer a page or because of a conflict of interest with the subject being voted on, then that member is absent and not part of a quorum. Ron Low ----- Original Message ----- From: Tracy Arwood To: Cc: Sent: Friday, April 28, 2000 10:32 AM Subject: Proxy voting > Is proxy voting permissible? At our meeting yesterday, a member had to leave early and gave his proxy to another member to vote how he saw fit. I can not find any reference to this in the regulations. > > Any help would be appreciated. > > Thanks! > > Tracy Smart Arwood > Regulatory Compliance Administrator > Mississippi State University > 302 Bowen Hall > Mailstop 9564 > 662-325-3994 > 662-325-8776 fax > tarwood@spa.msstate.edu > > > > _______________________________________________ > MCWIRB maillist - MCWIRB@mcwirb.org > http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Philip Low 4/28/2000 10:43:00 AM

Proxy voting

I don't know about the regulations, but this seems very wrong to me. I'd be inclined to allow the departing member to leave a record of his/her vote, if the member's mind was made up upon departure. But simply allowing someone else to decide for you just ammounts to giving that person a double vote, which seems unwarranted. An interesting intermediary scenario involves leaving specific guidelines. i.e. If stipulation X is added, then I vote for, otherwise I vote against. The problem is that such things often require interpretation, as their application is often not mechanical (e.g., what if the stipulation ends up with a slightly different wording...) Noam Noam J. Zohar, PhD [Director, Graduate Program in Bioethics] Department of Philosophy Bar Ilan University Ramat Gan 52900, Israel nzohar@mail.biu.ac.il
Noam Zohar 4/28/2000 8:05:00 AM

Institutional Research

I am the Chair of IRB-Human Subjects at a small college. The IRB is new, developed by a group of us who wanted to engage in research with human subjects. We seem to have Academic Affairs in compliance with federal law and policies. Our IRB is concerned about our role in research conducted by the College and consultants hired by the College: i.e. surveys of students who leave college consultants conducting focus group interviews and selective surveys to gain a sense of the College, how it is perceived, what its strengths and weaknesses are . . . persuant development of an experimental first year experience for select students - no control and no sense of how selection will proceed. Although these people are collecting information from human subjects for the purpose of drawing conclusions, they do not believe that they must work with our IRB. They have informed me that they are exempt. Our IRB's opinion is that all such work must be proposed to us and that only the IRB has the authority to deem the work exempt. We are further concerned for the quality of the science in these efforts, particulary the balance of risk to reward. We would appreciate any ideas, help, suggestions any of you might have. Thanks Jim Sawhill, Ph.D. Lyndon State College may respond to: sawhillj@mail.lsc.vsc.edu
James Sawhill 4/28/2000 4:15:00 AM

Institutional Research

Jim Sawhill wrote to discuss whether or not his college's IRB was responsible for surveys sent out to alumni of his college, or focus groups of almuni. Jim didn't clarify whether or not his institution had an MPA or some other agreement with governing bodies. If he does, we'd have to know what it says. If you don't have any agreements, then his responsibility is to uphold the college's own internal code of ethics. If he does have an MPA, and it says the IRB will supervise all research on humans, then we're back to the issue of what research is. Dale's earlier comments are relevant, but may not solve the problem. If we're consistent with our definition of research, then most CQI projects are research. Sometimes, the intent of the CQI project is not to publish, but to improve local patient care, or local teaching techniques. Traditionally, these are not reviewed by IRBs. If the researchers expect to publish their findings, then they expect the results to be generalizable. Most MPA would include that research under their umbrella. Ron
Ronald Low 4/28/2000 4:15:00 AM

Ownership of samples

This has been a fascinating exchange. I have always believed that Moore was correctly decided, for very practical reasons. Simply, creating a property interest in tissue hardly resolves difficult issues about relative contribution of research participants to the overall research process and invention, and offering some share of potential revenues would be extremely complex, represents a tax that could diminish (so the argument goes) the incentives to do research, and could be an unreasonable (given the small expectation of payoff) enticement or inducement for people to participate. that said, i am writing up a case in which i recently became involved. in this case, affected families convinced a doctor to perform research, they provided financial support, they provided blood and other tissues themselves, they helped identify and collect samples from other affected families, and, after a gene was located, Dor Yeshorim provided thousands of samples to permit prevalence estimation. the researcher patented the test, and now the hospital owner of the patent is charging a relatively large royalty and limiting the labs that can do the test. interestingly, i find that the researcher and the financial sponsorship was all fungible: any skilled researchers could have performed this work. the only irreplaceable component was the 160 or so families from around the world that contributed samples, and of course the screening samples permitted rapid population risk estimation. the families and those who provided samples were quite upset at the patent, obviously. they participated to help avoid a terrible disease, not to provide a financial windfall to a nonprofit hospital. the foundations that provided money to support the research likewise were sponsoring a given research project, not making a capital contribution to the hospital for future payoff. nonetheless, the patent rewards only those who provide financial (if the funding institutions care to exercise a contractual power) and intellectual capital, but not human resources (so called by the lead researcher), even thought those participants were absolutely necessary for the research to succeed. in this case, there was no consent at all, so the issue of notice about the prospective financial/commercial interest and restrictive use of the patented test is moot. but the case I think makes a very clear case for a substantial equitable claim by those participants in the research results (made only more realistic because of the total lack of consent). my colleague jason karlawish thinks the case also raises an issue about community and participant involvement in determining, or negotiating about, the benefits of research. here, there clearly was a mismatch between what participants expected and what the researcher and his institution sought and achieved. jon merz center for bioethics university of pennsylvania merz@mail.med.upenn.edu
Jon Merz 4/27/2000 10:00:00 AM

Change in FDA rules for in vitro testing

Has anyone followed the proposed FDA change in in vitro testing rules proposed in December? Apparently, the FDA wants to eliminate, as much as possible, the waiver of consent for research done on residual material. There is a teleconference planned for June 7 with the FDA on the proposal. Does anyone know when the proposed rule may go into effect? Dan Daniel L. Icenogle, MD, JD Icenogle & Associates 1858 Sand Ridge Ct. Verona, WI 53593-8814 608.832.0549 (voice and fax) Electronic mail from Daniel L. Icenogle, MD, c/o Icenogle & Associates at icenogle@execpc.com. This communication is intended for the use of the addressee. It may contain information which is privileged or confidential under applicable law. If you are not the intended recipient or the agent of the recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify Icenogle & Associates at (608) 832-0549 or via return Internet electronic mail at icenogle@execpc.com and expunge this communication without making any copies. Thank you for your cooperation.
Daniel L . Icenogle 4/27/2000 1:33:00 PM

Ownership of samples

Jerry's points are important, and the exchange underscores a rhetorical challenge: It can be very hard to disclose, without creating the impression of an improper waiver; details of wording can be key. And ironically, the allowability of a wording may hinge on subtleties that will escape 99.994% of subjects reading the CF. Conceptually, it may help to think of the whole issue from the perspective of conflict of interest rather than from the perspective of property rights. That is, the more important message may be There's some chance that I or the sponsor will develop a commercial product and thereby make big bucks from working with your tissues; you should know that in deciding whether or not to participate. Framing it that way may work better than trying to find a good way to say Don't think you own these samples, because you don't. Dale Dale Hammerschmidt Assoc Prof Med / (Hematology/Oncology/BMT) Editor., J. Lab. Clin. Med. Box 480 Mayo Bldg., Univ. Minn., Mpls. 55455 612-626-2640; 612-626-2642 (fax) InterNet 72662,76 (CompuServe)
Dale Hammerschmidt 4/27/2000 1:33:00 PM

Ownership of samples

Greetings again from New Zealand! I have been following this subject with interest because we are getting this type of application here. Does anyone have experience with communities where the cultural norm is to regard ownership of bodies and body parts or tissues as a FAMILY right not an individual right, so that no one person can give consent for the use of such tissues? We are finding it difficult to get this point (and other issues) across to multi-national drug companies from the northern hemisphere who do not seem to understand that there is more than one way of seeing issues like this. In this country we have special arrangements so that post mortems can be done very speedily and complete bodies returned to families for funerals where this cultural issue arises, so that the FAMILY can decide on the funeral arangements. Any experiences would be helpful. Frank Gaze Taranaki Ethics Committee
Frank And Margaret Gaze 4/27/2000 1:30:00 PM

Sharing information with Investigators

We don't use a primary reviewer system. We have the researchers come and present a brief research overview, then the entire committee asks questions. That being said, here is what we do with requests for changes to the informed consent document. I chair the meetings. I ask the members to raise the more substantial issues regarding the ethics of the study and changes to the consent. We deal with those in the form of motions. The Research Dept. staff is there and records the motions and outcomes. If people have more minor wording changes, (including wording changes that the attorney requests or the need to add standard language that we use) we ask them to give those to the Research Dept. staff. Often times I'll mark my agenda with sticky notes. The staff compiles those changes and also incorporates them in the minutes. Then, the staff composes letters to the researchers with all of the requested changes. This seems to work very well for record keeping and for saving time during the meetings. I hope this helps. Deborah Barnard on 04/26/2000 05:30:59 PM Please respond to mcwirb@mcwirb.org To: mcwirb@mcwirb.org cc: (bcc: Ellen W Bernal/SVMC/MHP/CHP) Subject: Sharing information with Investigators I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Ellen Bernal 4/27/2000 5:03:00 AM

Ownership of samples

Greetings again from New Zealand! I have been following this subject with interest because we are getting this type of application here. Does anyone have experience with communities where the cultural norm is to regard ownership of bodies and body parts or tissues as a FAMILY right not an individual right, so that no one person can give consent for the use of such tissues? We are finding it difficult to get this point (and other issues) across to multi-national drug companies from the northern hemisphere who do not seem to understand that there is more than one way of seeing issues like this. In this country we have special arrangements so that post mortems can be done very speedily and complete bodies returned to families for funerals where this cultural issue arises, so that the FAMILY can decide on the funeral arangements. Any experiences would be helpful. Frank Gaze Taranaki Ethics Committee
Frank And Margaret Gaze 4/27/2000 1:33:00 PM

Ancillary genetic studies

Hi All, We commonly receive applications for clinical research ( industry-sponsored and federally-sponsored ) that include ancillary genetic studies. The application is submitted with a clinical protocol and investigator's brochure, and involves local investigators whom we know. The latter are not personally involved in the genetic study. The protocol describes the collection of tissue samples, which are to be sent to a distant laboratory. The Consent Document describes the genetic component of the study, but typically in a cursory manner. A detailed protocol describing the nature of the genetic research is not submitted to the IRB. Of course, we do not know the distant researchers or whether their proposed research has been reviewed or approved by an IRB. By requesting such samples the distant laboratory is, in effect, creating a repository, the operational features of which are unknown to us. How do you evaluate such studies ? What is my IRB's obligation with respect to the ancillary genetic study ? I am aware of this item from the OPRR that addresses the establishment of repositories for research that involve federal funds : http://grants.nih.gov/grants/oprr/humansubjects/guidance/reposit.htm I believe its provisions are pertinent, at least in part, to this issue. Regards, Howard
Anonymous 4/27/2000 9:56:00 AM

Use of Medical Records for Research -- Need to Remove Identifiers?????

-----Original Message----- From: mcwirb-admin@mcwirb.org [mailto:mcwirb-admin@mcwirb.org]On Behalf Of Isch, David Sent: Thursday, April 27, 2000 10:49 AM To: 'mcwirb@mcwirb.org' Subject: Use of Medical Records for Research -- Need to Remove Identifiers????? I would be interested to know if institutions require removal of personal identifiers previous to an employee (such as a nurse or social worker) using them for a research project, particularly if the person is a provider of direct care to the person whose record s/he is using. David Isch We do not require such removal. Our rationale is that if the employee would be reviewing identifiable patient records anyway (such as for in-house QA activities), then it is permissible for these employees to abstract patient data for institution-approved external research projects. Of course, for such research we require that any data leaving the medical records or patient care areas are first rendered unidentifiable outside of the institution - that is, data sheets are first assigned a code number and the master list tying patient identifiers to those code numbers remains secured at the insitution from which the data are obtained. Timothy P. Stratton, Ph.D., R.Ph. Associate Professor of Pharmacy Administration School of Pharmacy and Allied Health Sciences The University of Montana-Missoula Member, UM IRB ph: (406) 243-2339 fax: (406) 243-4353 e-mail: timstrat@selway.umt.edu snail mail: Pharmacy Practice 32 Campus Drive #1522 Missoula, MT 59812-1522
timstrat@selway.umt.edu 4/27/2000 1:33:00 PM

Sharing information with Investigators

I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago
Anonymous 4/27/2000 3:49:00 PM

Use of Medical Records for Research -- Need to Remove Identifiers ?????

To All: We are having an internal debate about whether it is necessary to remove personal identifiers from medical records previous to a researcher using the record. This would be without consent of the patient under exempted research (Research involving the collection or study of existing data, documents, records, pathological specimens or diagnostic specimens, .... if the information is recorded by the investigator in such a manner that patients cannot be identified, directly or through identifiers linked to the patients.) I would be interested to know if institutions require removal of personal identifiers previous to an employee (such as a nurse or social worker) using them for a research project, particularly if the person is a provider of direct care to the person whose record s/he is using. Thank you for your assistance. Cordially, David Isch Ethicist Harris Methodist Fort Worth Hospital 1301 Pennsylvania Avenue Fort Worth, Texas 76104 (817) 882-2155 davidisch@hmhs.com
David 4/27/2000 12:11:00 PM

Ownership of samples

Dear All, I am responding to a string of messages started by O. Timmons and continued by several others the last being Daniel Vasgird. The proscription to which O. Timmons refers is to the use of exculpatory language. Telling people they have no property rights to anything is not exculpatory language and not proscribed by regulations. If you would like to see a brief summary of the arguments in the field see my Ethics and Regulation of Clinical Research, 2nd Edition, at pp. 110-111. References are included to more extended treatments of the issue by (eg) Murray and Levine. Bob Levine
Robert J . Levine 4/27/2000 1:33:00 PM

Ownership of samples

Further to the proposed consent language that reads, “If a commercially viable product results from the use of this specimen, you will not have any ownership rights of proceeds”: A question for Daniel Iconogle: what is the date or reference or citation for the guideline, dear colleague letter, or whatever by which you say the OPRR specifically approved non-waiver language dealing with a subject’s possible ownership rights and the use in commerce of the subject’s blood, tumor samples, etc.? The only reference I could find was the 11/15/96 OPRR Guidance Document entitled “Exculpatory Language in Informed Consent Documents.” Is this what you are referring to? Anyhow, much like my 6 year old daughter pushing a cold lima bean across the plate to a luncheon companion (thank you J.D. Salinger), I offer the following: * OPRR Guidance Document 11/15/96 gives examples of exculpatory language that is not acceptable: ---- “By agreeing to this use, you should understand that you will give up all claim to personal benefit from commercial or other use of these substances” ---- “I voluntarily and freely donate any and all blood, urine, and tissue samples to the U.S. Government and hereby relinquish all right, title, and interest to said items.” ---- “By consent to participate in this research, I give up any property rights I may have in bodily fluids or tissue samples obtained in the course of the research.” * The same Guidance Document gives the following as an example of acceptable language: ---- “Tissue obtained from you in this research may be used to establish a cell line that could be patented and licensed. There are no plans to provide financial compensation to you should this occur.” The Guidance given by OPRR in its 11/15/96 document is in the form of examples, not formal black letter law. I personally believe the proposed consent language comes perilously close to the language of the unacceptable examples quoted above. I also suggest that the example quoted above that is acceptable is not as clear as it could be ( i.e. “no plans”). Regardless, I think IRBs (and the OPRR) should encourage clarity and ease of understanding. Federal regulations regarding waiver of rights and exculpatory language (45 CFR 46.116 and 21 CFR 50.20) speak of appearances (“appear to waive”) and not just the reality of waiver. As I see it, this cautions against ambiguity, seductive phraseology, and vague language that may mean something to a sponsor but not be equally or fairly meaningful to the subject. Other questions for which I don’t have answers but which an IRB (or its parent institution) might wish to consider are the following: 1. Is a consent-for-research document the appropriate legal vehicle by which to seek a relinquishment of a subject’s possible ownership rights in blood, tumor samples, etc.? Does this language accomplish a relinquishment? Is it legally effective? 2. Is the prospective commercially viable product a benefit that should enter into the risk/benefit equation and the decision-making or consent process? If so, who is competent to judge whether the gap between sample and product can be bridged and the technology transferred? Is the subject at risk of waiving only a mere fantasy or a realistic ownership right? 3. If the language is indeed merely a “statement of fact,” why does the sponsor wish to inject it into a consent-for-research document, or make it part of the consenting process? 4. Is the language intended to put the subject on notice of the sponsor ’s intention regarding a future commercial use? If so, is the notice effective? Does the subject understand he/she is being put on notice of a “statement of fact?” Could the subject be estopped in the future from objecting by virtue of this notice? And isn’t estoppel in this context just another form of waiver, or appearance of waiver? Should the notice or statement of fact make any reference to economic or dollar value of the commercial product that might result (e.g. of speculative, undetermined, significant value)? 5. Is the IRB appropriately qualified and is it able to evaluate these issues? Should it? 6. Is it appropriate in the first place to use the research evaluation process and the consenting process to attempt to effectuate a resolution of a subject’s possible ownership rights in tissue samples and their later commercial use? 7. Just as subjects in some research contexts may be determined to have medical or psychological needs, might not a subject in certain circumstances, this for example, have legal needs and should a subject in such a situation be advised to seek legal counsel? At whose expense? Will the institution pay? The sponsor? 8. What policies, if any, does the institution (medical center, university, clinic etc.) have regarding: technology transfer; ownership, use, licensing and patenting in respect to blood, tumor samples, tissue samples and the commercial use of research results? Should the institution have policies if it doesn’t already? Is the institution missing an opportunity to assert ownership rights, if any, in this situation? Is the IRB the arbiter between competing possible ownership rights of the institution, the investigator, the sponsor, and the subject? In this case here, how might institutional policies impact upon the language proposed here for the consent-for-research document? 9. Does the disputed language not inject confusion and ambiguity, rather than clarity, into the consenting process? If a court were at some later date be called upon to interpret the language in question – and it could be if the stakes were high enough –wouldn’t the court be inclined to resolve ambiguities against the maker much as courts resolve ambiguities in insurance contracts (contracts of adhesion, in negotiation of which the sides have unequal bargaining power) against the insurer? And wouldn’t litigation about this matter of necessity involve the institution in which the research takes place, more so especially if an IRB had sanctioned the use of the language in the consent-for-research document? As I said, I don’t have answers for all these questions, and I may stand corrected about some of my assumptions. At this point I almost wish I hadn’ t even started thinking about them. (This is the hidden price of having too many Starbucks outlets nearby.) Anyhow, in any show of hands on this matter, I vote against including the language in the consent form. On balance, I think the subject (and probably the institution as well) is better protected if the language is out of and not in the consent document. Tom Dalglish J.D., Ph.D. Community Representative, Committee C University of Washington (206) 543-0098 (University) (206) 706-1000 (Office)
thomas k. dalglish 4/27/2000 5:06:00 AM

Sharing information with Investigators

Barbara, Could you clarify your approach a bit--I'm assuming all these changes (except grammar and typos) are put forth at the meeting and the full board has agreed that they are warranted (if not, I'm assuming that the PI can regard them as friendly suggestions as opposed to a stipulation by the IRB)? Is a copy of the marked up consent form that is sent to the PI attached to the minutes? Finally, from the perspective of your staff's workload--just how are these changes given to you and how many changes are there? Are you deciphering multiple editors' handwritten rewording and insertions? I suspect this can be pretty cumbersome--how big a staff are you and how many protocols are being reviewed? Jo Anne Bennett, RN, PhD Vice Chairperson Institutional Review Board New York City Department of Health Box 65 346 Broadway, Room 707A New York, NY 10013 (212) 442-3381 FAX: 212-442-3535 jbennett@dohlan.cn.ci.nyc.ny.us >>> Barbara LoDico 04/26/00 06:21PM >>> Deb, We (IRB staff) collect all of the revisoins to the consent and mark up one copy which would include all changes made by the whole committee and forward that to the investigator. This is the simplest way that we can accomplish all comments to be reflected and it makes the job for the PI easier, as they can just revise the consent. We also have a primary and secondary reviewer system, but the whole committee's comments are included for all clarifications, consent changes, etc. I hope this helps. Barbara J. LoDico, IRB Administrator Coordinator, Research and Sponsored Programs New Jersey Medical School, MSB C-690 185 so. Orange Ave., Newark, NJ 07103 lodico@umdnj.edu phone (973) 972-3608 fax (973) 972-3585 -----Original Message----- From: mcwirb-admin@mcwirb.org [mailto:mcwirb-admin@mcwirb.org] On Behalf Of Deborah Barnard Sent: Wednesday, April 26, 2000 5:31 PM To: mcwirb@mcwirb.org Subject: Sharing information with Investigators I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Jo Anne Bennett 4/27/2000 4:20:00 AM

Sharing information with Investigators

Following a review of proposed research, by our Research Ethics Board, each member submits her/his comments to the Chair of the Board. Only substantive recommendations, e.g. methodological issues, are included in the final report, written by the Chair. If there are editing issues, there is a recommendation to the PI that the proposal be reviewed for errors. Hope this helps, Michael Wodlinger ***************************************** Michael Wodlinger, PhD Director, Research Services and Graduate Studies Nipissing University 100 College Drive, P.O. Box 5002 North Bay, Ontario Canada P1B 8L7 705.474.3461 (ext. 4565) Fax: 705.474.1947 michaelw@unipissing.ca
Michael Wodlinger 4/27/2000 4:20:00 AM

Web-based patient recruitment

Cliff: IRB review is not required by FDA. See the third paragraph of the sheet Recruiting Study Subjects in the 1998 update to the FDA Information Sheets for IRBs and Clinical Investigators. http://www.fda.gov/oc/oha/irb/toc.html. The paragraph is reproduced below. IRB review and approval of listings of clinical trials on the internet would provide no additional safeguard and is not required when the system format limits the information provided to basic trial information, such as: the title; purpose of the study; protocol summary; basic eligibility criteria; study site location(s); and how to contact the site for further information. Examples of clinical trial listing services that do not require prospective IRB approval include the National Cancer Institute's cancer clinical trial listing (PDQ) and the government-sponsored AIDS Clinical Trials Information Service (ACTIS). However, when the opportunity to add additional descriptive information is not precluded by the data base system, IRB review and approval may assure that the additional information does not promise or imply a certainty of cure or other benefit beyond what is contained in the protocol and the informed consent document. All of the concerns you stated were considered when this decision was made. Also, FDA had no evidence of coercive presentation of studies on the internet that would be precluded by IRB review of postings. When I left FDA on March 1, 00, the FDA position was that IRB review of web/internet postings is not required, but that FDA reserves the right to reinstate IRB review requirements if a pattern of coercion becomes apparent. *This is not an official OPRR statement nor is it an official FDA statement* Paul W. Goebel, Jr. Division of Human Subject Protections Office for Protection from Research Risks National Institutes of Health 6100 Executive Boulevard, suite 3B01, MSC-7507 Rockville, MD 20892-7507 Phone: 301-402-4372 email: pg122v@nih.gov Fax: 301-402-4256 OPRR url: http://grants.nih.gov/grants/oprr/oprr.htm > -----Original Message----- > From: CliffK2@aol.com [SMTP:CliffK2@aol.com] > Sent: Wednesday, April 26, 2000 11:41 PM > To: mcwirb@mcwirb.org > Subject: Web-based patient recruitment > > I am interested in possibly posting a clinical trial on the web to recruit > patients, but I have one question on IRB approval. In clinical trials, > the > local IRB must approve the wording for written advertisement to recruit > trial subjects. Since web-based sites can be seen by any person with a > browser, which IRB has to approve the wording? Is it one national IRB, or > does every IRB involved in the study have to approve the wording? If the > latter, that could get quite difficult. > > Thanks for the information. > > > _______________________________________________ > MCWIRB maillist - MCWIRB@mcwirb.org > http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Paul Od 4/27/2000 5:12:00 AM

Conditional Approval

I continue the arduous process of revising and updating the policies and procedures for our IRB. We have something in our policies and procedures called conditional approval, where, pending modifications in the protocol or changes in the consent form, conditional approval may be given by the IRB to be followed up with expedited review of the changes and modifications by the IRB Chairperson. I have not be able to find any official basis for this type of action in the Code or anywhere else. Am I just missing it? If this is indeed a kosher approach to approving research, if the changes requested by the IRB are minor and do not directly impact safety issues for potential subjects, MUST this conditional approval be followed up by an expedited review of the changes/modifications, or can the IRB simply give approval that would be effective when the changes/modifications are completed??
Gary Dennison 4/27/2000 1:33:00 PM

Ownership of samples

Daniel Icenogle writes: >I have to weigh in on this. First of all, let's make something perfectly >clear. The language that many seem to find objectionable had been >specifically approved by OPRR for use in this setting a number of years >ago >as NOT A WAIVER, but, as mentioned by Jon Merz, a mere statement of a >fact. >Many institutions are using similar or identical language and have done so >for years. We should note that the objectionable statement at issue which began this discussion was, if a commercially viable product results from use of this specimen, you will not have any ownership rights of proceeds. This is different from the OPRR-approved statement of fact quoted by Tom Dalglish, Tissue obtained from you in this research may be used to establish a cell line that could be patented and licensed. There are no plans to provide financial compensation to you should this occur. The distinction being made here is similar to that which is usually maintained in the other big waiver context, payment to the subject for research-related injuries. Often, the sponsor will put a statement in the consent form that they will not pay for research-related injuries. On the other hand, the subject still has the right to demand payment and sue, and may win such a suit. The subject cannot be required, in the consent form, to acknowledge that they have given up the ability to exercise that legal right. Thus, it would seem reasonable, to (1) limit the consent form language to true statements of fact, e.g., that there is no intention to give the subjects any part of the profits, and (2) add a statement indicating that the subject may or may not have a legal right to part of the profits, and nothing in the consent form is intended to prevent them from exercising that legal right, if any. Jerry Menikoff University of Kansas
Jerry Menikoff 4/27/2000 7:48:00 AM

Sharing information with Investigators

Deb Your problem has been mine for several years. Unable to find a solution, my IRB members were beginning to revolt because of the excesive time spent on style changes. I decided to do about what was suggested to you already. All IRB members will come to the meeting with sytle changes in hand. None will be discussed. If there are two or more changes for any one word, sentence, etc, a sytle czar will decide the best change and the committee will agree. Only substantive protocol or informed consent issues will be dicussed at the meeting. Tomorrow is the first such meeting. I hope it goes well otherwise you may be seeing an advertisement for IRB chair on this list serve in the very near future. Norm ------------------ Reply Separator -------------------- Originally From: Deborah Barnard Subject: Sharing information with Investigators Date: 04/26/2000 04:30pm I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Norman Leopold 4/27/2000 4:20:00 AM

Sharing information with Investigators

Deb, We have a required consent form that covers the order of info, the headings, standard wording, stuff like that. We have a primary consent reviewer, but all members have the right to have a say. We DO NOT discuss typos, commas, etc. The member makes a note on their copy and gives it to my and my assistant. The IRB Office types up a memo to the investigator, telling exactly what the IRB wants changes. This accomplishes a couple of purposes: - it's the IRB record of what we requested - it's a completion check list for the IRB Office to confirm compliance - it really helps the investigator/staff to get all the changes right In our memo to the PI we state the heading the change is under, the page, the paragraph, the word/sentence/context. We try not to leave any of this up to chance. We welcome the comments of our red pencil members, but they do not get to hold the floor on this stuff. We only discuss substantive issues. The IRB then requests that I provide final approval when the required changes have been made and I have verified them, unless I request that a sub committee be involved. We have cleared this procedure with the Feds. Our consent change process has been running very smoothly for a number of years; our IRB members get their say and are happy; the PIs get very clear instructions on what to do; and the IRB Office and files have clear verification of what we wanted/had changed. Rebecca M. Clark Children's Hospital Scripps Hospitals San Diego
Rebecca M. Clark 4/27/2000 3:49:00 PM

Royalty payments

Dale The obvious problem with Paul Goebel's statement is that is assumes that the assignment of property interests in this setting is a black and white issue. Although often property interests are creatures of the law, the fact is that there is no black letter law concerning property interests that creates-or bars-a property interest in this setting. In this void, the question of the payment of royalties becomes a philosophical or justice issue. Perhaps one day the courts or legislatures will definitively resolve it. Pending that, we will continue to have this discussion about the appropriateness of payments. Dan Daniel L. Icenogle, MD, JD Icenogle & Associates 1858 Sand Ridge Ct. Verona, WI 53593-8814 608.832.0549 (voice and fax) Electronic mail from Daniel L. Icenogle, MD, c/o Icenogle & Associates at icenogle@execpc.com. This communication is intended for the use of the addressee. It may contain information which is privileged or confidential under applicable law. If you are not the intended recipient or the agent of the recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify Icenogle & Associates at (608) 832-0549 or via return Internet electronic mail at icenogle@execpc.com and expunge this communication without making any copies. Thank you for your cooperation.
Daniel L . Icenogle 4/27/2000 4:18:00 AM

Conditional Approval

I continue the arduous process of revising and updating the policies and procedures for our IRB. We have something in our policies and procedures called conditional approval, where, pending modifications in the protocol or changes in the consent form, conditional approval may be given by the IRB to be followed up with expedited review of the changes and modifications by the IRB Chairperson. I have not be able to find any official basis for this type of action in the Code or anywhere else. Am I just missing it? If this is indeed a kosher approach to approving research, if the changes requested by the IRB are minor and do not directly impact safety issues for potential subjects, MUST this conditional approval be followed up by an expedited review of the changes/modifications, or can the IRB simply give approval that would be effective when the changes/modifications are completed??
Gary Dennison 4/27/2000 1:33:00 PM

Exculpatory Language

OPRR guidance on exculpatory language may be found at http://grants.nih.gov/grants/oprr/humansubjects/guidance/exculp.htm Tom Puglisi, PhD Director Division of Human Subject Protections Office for Protection from Research Risks
Tom Od 4/27/2000 1:33:00 PM

Web-based patient recruitment

I am interested in possibly posting a clinical trial on the web to recruit patients, but I have one question on IRB approval. In clinical trials, the local IRB must approve the wording for written advertisement to recruit trial subjects. Since web-based sites can be seen by any person with a browser, which IRB has to approve the wording? Is it one national IRB, or does every IRB involved in the study have to approve the wording? If the latter, that could get quite difficult. Thanks for the information.
cliffk2@aol.com 4/27/2000 5:12:00 AM

Ancillary genetic studies

OPRR issued a guidance Issues to Consider in the Research Use of Stored Data or Tissues 11/7/97 (http://grants.nih.gov/grants/oprr/humansubjects/guidance/reposit.htm) which indicates that if a tissue repository receives support from HHS, it is subject to oversight by an IRB, in addition to the IRB oversight of the tissue collector. This guidance also gives a detailed list of the items that should appear in the ICF for a donor-subject. This doesn't address regulation of a commercial repository--so there may be a substantial gap in regulatory oversight which needs to be addressed by a local IRB. Christina M. Gullion, Ph.D. Biostatistician/Senior Scientist Department of Clinical Research Medical City Dallas Hospital 7777 Forest Lane, Suite C-740 Dallas TX 75230 phone: 972-566-4718, fax: 972-566-4715 > -----Original Message----- > From: Howard Mann [SMTP:ldhmann@ihc.com] > Sent: Monday, April 24, 2000 6:17 PM > To: mcwirb@mcwirb.org > Subject: Ancillary genetic studies > > Hi All, > > We commonly receive applications for clinical research ( > industry-sponsored and > federally-sponsored ) that include ancillary genetic studies. The > application > is submitted with a clinical protocol and investigator's brochure, and > involves > local investigators whom we know. The latter are not personally involved > in the > genetic study. > > The protocol describes the collection of tissue samples, which are to be > sent > to a distant laboratory. The Consent Document describes the genetic > component > of the study, but typically in a cursory manner. A detailed protocol > describing > the nature of the genetic research is not submitted to the IRB. Of course, > we > do not know the distant researchers or whether their proposed research has > been > reviewed or approved by an IRB. By requesting such samples the distant > laboratory is, in effect, creating a repository, the operational features > of > which are unknown to us. > > How do you evaluate such studies ? What is my IRB's obligation with > respect to > the ancillary genetic study ? > > I am aware of this item from the OPRR that addresses the establishment of > repositories for research that involve federal funds : > > http://grants.nih.gov/grants/oprr/humansubjects/guidance/reposit.htm > > I believe its provisions are pertinent, at least in part, to this issue. > > Regards, > > Howard > > > _______________________________________________ > MCWIRB maillist - MCWIRB@mcwirb.org > http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Gullion Christina 4/27/2000 9:56:00 AM

Conference Announcement

Attend IIR's Premier Conference on Auditing for GCP Compliance: Strategies for Ensuring Continuous Clinical Quality in the Pharmaceutical Industry The Pharmaceutical Division at the Institute for International Research (IIR) presents the Auditing for GCP Compliance: Strategies for Ensuring Continuous Clinical Quality conference on July 24-25, 2000 in Bethesda, Maryland. This conference presents tools you need to ensure your audits are comprehensive and gets you up to speed on regulations involving informed consent and on the roles of IRBs and the NIH Office of Protection from Research Risks. Whether you: * Audit your company's clinical trials and data * Monitor the progress of clinical trials * Perform clinical QA/QC activities during the course of clinical trials * Coordinate clinical studies * Investigate the conduct of the trial knowing effective auditing techniques and how to be ready for an audit or inspection is the key to a proactive approach to GCP audits. As failure to comply can lead to disciplinary action and prosecution, GCP audits are essential for maintaining quality and compliance, and for detecting non-compliance. Our speakers bring years of GCP compliance auditing and clinical quality assurance expertise to the table. Together, they address how to: * Anticipate a compliance challenge before an inspection * Outline a successful overseas auditing program for your foreign sites * Detect the root cause of non-compliance * Overcome current challenges involved in complying with the Informed Consent regulation * Identify and prevent fraudulent activities in clinical trials * Examine the role of IRBs and the need for audits led by Sponsors * Pre-select and perform on-going audits of CROs We also invite you to hear a featured presentation by Melody H. Lin, PhD, Deputy Director, NIH Office for Protection from Research Risks (OPRR). Hear directly from successful clinical QA auditors and GCP compliance experts from within the pharmaceutical industry.
Pam Sobotka 4/27/2000 10:49:00 AM

Costs to Subjects - Model Language

Greetings. We are looking at changing the model language for the Costs to Subjects section of our IRB consent form. Do any of you have model language which you suggest to your PIs? Thank you in advance. Judy
Judith Argon 4/27/2000 7:50:00 AM

Human Subjects in Social Science Research

If you were in attendance at the December ARENA/PRIMR meeting in Boston and one your areas of interest is in human subjects in social science research, you may have run into Dr. Ivor Pritchard as a presenter in those sessions dealing specifically with social science research. We are fortunate to have convinced Dr. Pritchard to come to Lehigh University on May 10, 2000, to give a talk titled Protecting Human Research Subjects in Social Science Research: Applying the Common Rule. This is an invitation to nearby institutions to attend this talk. Following is additional information: Protecting Human Research Subjects in Social Science Research: Applying the Common Rule May 10, 2000 presented by DR. IVOR PRITCHARD Senior Education Research Analyst National Institute on Student Achievement, Curriculum, and Assessment Office of Educational Research and Improvement (OERI) U. S. Department of Education The presentation, Protecting Human Research Subjects in Social Science Research: Applying the Common Rule, is intended for faculty, staff and students who wish to learn more about the regulations and procedures for the use of human subjects in research. This will be an interactive session with a case study or two for discussion purposes. The session will be held at 1:30 pm in Room B023 (adjacent to the main lobby), Iacocca Hall, Mountaintop Campus Lehigh University If you have questions, please contact the Office of Research and Sponsored Programs at (610) 758-3022 or via e-mail at rt01@lehigh.edu. Ruth Tallman Office of Research and Sponsored Programs Lehigh University 526 Brodhead Avenue Bethlehem, PA 18015 Phone: (610)758-3024 FAX: (610)758-5994 E-mail: rt01@lehigh.edu
Ruth Tallman 4/27/2000 1:33:00 PM

Ownership of samples

This is a multi-part message in MIME format. ------=_NextPart_000_0004_01BFB055.CD0615A0 Content-Type: text/plain; charset=iso-8859-1 Content-Transfer-Encoding: 8bit Let me offer my thoughts on your questions. -----Original Message----- From: mcwirb-admin@mcwirb.org [mailto:mcwirb-admin@mcwirb.org]On Behalf Of Thomas Dalglish Sent: Thursday, April 27, 2000 8:26 AM To: mcwirb@mcwirb.org Subject: RE: Ownership of samples Further to the proposed consent language that reads, “If a commercially viable product results from the use of this specimen, you will not have any ownership rights of proceeds”: A question for Daniel Iconogle: what is the date or reference or citation for the guideline, dear colleague letter, or whatever by which you say the OPRR specifically approved non-waiver language dealing with a subject’s possible ownership rights and the use in commerce of the subject’s blood, tumor samples, etc.? The only reference I could find was the 11/15/96 OPRR Guidance Document entitled “Exculpatory Language in Informed Consent Documents.” Is this what you are referring to? Yes. Anyhow, much like my 6 year old daughter pushing a cold lima bean across the plate to a luncheon companion (thank you J.D. Salinger), I offer the following: * OPRR Guidance Document 11/15/96 gives examples of exculpatory language that is not acceptable: ---- “By agreeing to this use, you should understand that you will give up all claim to personal benefit from commercial or other use of these substances” ---- “I voluntarily and freely donate any and all blood, urine, and tissue samples to the U.S. Government and hereby relinquish all right, title, and interest to said items.” ---- “By consent to participate in this research, I give up any property rights I may have in bodily fluids or tissue samples obtained in the course of the research.” * The same Guidance Document gives the following as an example of acceptable language: ---- “Tissue obtained from you in this research may be used to establish a cell line that could be patented and licensed. There are no plans to provide financial compensation to you should this occur.” The Guidance given by OPRR in its 11/15/96 document is in the form of examples, not formal black letter law. I personally believe the proposed consent language comes perilously close to the language of the unacceptable examples quoted above. I also suggest that the example quoted above that is acceptable is not as clear as it could be ( i.e. “no plans”). Regardless, I think IRBs (and the OPRR) should encourage clarity and ease of understanding. Federal regulations regarding waiver of rights and exculpatory language (45 CFR 46.116 and 21 CFR 50.20) speak of appearances (“appear to waive”) and not just the reality of waiver. As I see it, this cautions against ambiguity, seductive phraseology, and vague language that may mean something to a sponsor but not be equally or fairly meaningful to the subject. The key language, or absence of language, that would make the statement acceptable, in my view, is that there is no use of words like “give up” or “relinquish”. Other questions for which I don’t have answers but which an IRB (or its parent institution) might wish to consider are the following: 1. Is a consent-for-research document the appropriate legal vehicle by which to seek a relinquishment of a subject’s possible ownership rights in blood, tumor samples, etc.? Does this language accomplish a relinquishment? Is it legally effective? The language has never been tested in court, to my knowledge, so no one knows if it is legally effective, but the intent is that it serves as a statement of knowledge by the participant that no property interest is being granted. 2. Is the prospective commercially viable product a benefit that should enter into the risk/benefit equation and the decision-making or consent process? If so, who is competent to judge whether the gap between sample and product can be bridged and the technology transferred? Is the subject at risk of waiving only a mere fantasy or a realistic ownership right? I think these are questions for the participant to decide for him/her self. 3. If the language is indeed merely a “statement of fact,” why does the sponsor wish to inject it into a consent-for-research document, or make it part of the consenting process? See #1. 4. Is the language intended to put the subject on notice of the sponsor ’s intention regarding a future commercial use? If so, is the notice effective? Does the subject understand he/she is being put on notice of a “statement of fact?” Could the subject be estopped in the future from objecting by virtue of this notice? And isn’t estoppel in this context just another form of waiver, or appearance of waiver? Should the notice or statement of fact make any reference to economic or dollar value of the commercial product that might result (e.g. of speculative, undetermined, significant value)? Yes. No one knows. Ask the subject. That is the intent of the use of the language. Can you waive something you never had? I don’t see the legal basis for any property interest existing outside of whatever may be granted by the owner of the product. Perhaps, but is it ever knowable? In 1980, could anyone have guessed the value of the Microsoft operating system? 5. Is the IRB appropriately qualified and is it able to evaluate these issues? Should it? No, I doubt there is any economic expertise. What the IRB is qualified to do is ensure that the potential participant is made aware of the fact that a commercial product may result and that no economic gain will fall to the participant. Then the potential participant can decide whether to sign up. 6. Is it appropriate in the first place to use the research evaluation process and the consenting process to attempt to effectuate a resolution of a subject’s possible ownership rights in tissue samples and their later commercial use? It is the process to inform the potential participant of any and all information that is reasonably material to the decision to participate. 7. Just as subjects in some research contexts may be determined to have medical or psychological needs, might not a subject in certain circumstances, this for example, have legal needs and should a subject in such a situation be advised to seek legal counsel? At whose expense? Will the institution pay? The sponsor? No, I don’t think so. There is the one threshold question of whether someone wants to participant in a study that may provide someone else with income. 8. What policies, if any, does the institution (medical center, university, clinic etc.) have regarding: technology transfer; ownership, use, licensing and patenting in respect to blood, tumor samples, tissue samples and the commercial use of research results? Should the institution have policies if it doesn’t already? Is the institution missing an opportunity to assert ownership rights, if any, in this situation? Is the IRB the arbiter between competing possible ownership rights of the institution, the investigator, the sponsor, and the subject? In this case here, how might institutional policies impact upon the language proposed here for the consent-for-research document? While I do not see the IRB having any role in tech transfer or licensing, I would be sure that the language on property interests should be consistent with—or at least analyzed by the legal department as a component of—the more general existing institutional policies on transfers and licensing. 9. Does the disputed language not inject confusion and ambiguity, rather than clarity, into the consenting process? If a court were at some later date be called upon to interpret the language in question – and it could be if the stakes were high enough –wouldn’t the court be inclined to resolve ambiguities against the maker much as courts resolve ambiguities in insurance contracts (contracts of adhesion, in negotiation of which the sides have unequal bargaining power) against the insurer? And wouldn’t litigation about this matter of necessity involve the institution in which the research takes place, more so especially if an IRB had sanctioned the use of the language in the consent-for-research document? You raise one of the key unknowns in this area—how would a court interpret this language in a dispute over property interests? I have argued in other settings that a consent form is a contract of sorts. If it were, then the courts would apply standard contract jurisprudence. Whether this would be viewed as a contract of adhesion is an unanswered question, particularly as the participation is voluntary (while we must have insurance, for example). However, many others have argued that the consent form should never be presented as a contract. I think that the inclusion of this type of language increases the contract nature of the consent form. As I said, I don’t have answers for all these questions, and I may stand corrected about some of my assumptions. At this point I almost wish I hadn’ t even started thinking about them. (This is the hidden price of having too many Starbucks outlets nearby.) Anyhow, in any show of hands on this matter, I vote against including the language in the consent form. On balance, I think the subject (and probably the institution as well) is better protected if the language is out of and not in the consent document. Tom Dalglish J.D., Ph.D. Community Representative, Committee C University of Washington (206) 543-0098 (University) (206) 706-1000 (Office) ------=_NextPart_000_0004_01BFB055.CD0615A0 Content-Type: text/html; charset=iso-8859-1 Content-Transfer-Encoding: quoted-printable Further to the proposed consent language that reads, “If a = commercially viable product results from the use of this specimen, Let me offer my thoughts on your = questions. <![if = !supportEmptyParas]> <![endif]> <!= --[if supportFields]> <![endif]--> -----Original Message----- From: = mcwirb-admin@mcwirb.org [mailto:mcwirb-admin@mcwirb.org] On = Behalf Of Thomas Dalglish Sent: Thursday, April 27, = 2000 8:26 AM To: mcwirb@mcwirb.org Subject: RE: Ownership of = samples <![if = !supportEmptyParas]> <![endif]> Further to the proposed consent = language that reads,   “If a = commercially viable product results from the use of this specimen, you will not have any = ownership rights of proceeds”:   = <= /p> <![if = !supportEmptyParas]> <![endif]> A question for Daniel Iconogle:   what is the date or reference = or citation for the guideline, dear colleague letter, or whatever by which = you say the OPRR specifically approved non-waiver language dealing with a = subject’s possible ownership rights and the use in commerce of the subject’s = blood, tumor samples, etc.?   The only = reference I could find was the 11/15/96 OPRR Guidance Document entitled = “Exculpatory Language in Informed Consent Documents.”   Is this what you are referring to?   <![if = !supportEmptyParas]> <![endif]> Yes. <![if = !supportEmptyParas]> <![endif]> Anyhow, much like my 6 year old = daughter pushing a cold lima bean across the plate to a luncheon companion (thank = you J.D. Salinger), I offer the following: <= /p> <![if !supportLists]> =B7         <![endif]> OPRR Guidance Document 11/15/96 gives examples of exculpatory = language that is not acceptable: <= /p> ---- “By agreeing to this use, = you should understand that you will give up all claim to personal benefit from = commercial or other use of these substances” <= /p> ---- “I voluntarily and freely = donate any and all blood, urine, and tissue samples to the U.S. Government and hereby relinquish all right, title, and interest to said = items.” <= /p> ---- “By consent to = participate in this research, I give up any property rights I may have in bodily fluids or = tissue samples obtained in the course of the = research.” <= /p> <![if !supportLists]> =B7         <![endif]> The same Guidance Document gives the following as an example of acceptable language: ---- “Tissue obtained from you = in this research may be used to establish a cell line that could be patented and licensed.   There are no = plans to provide financial compensation to you should this = occur.” <= /p> <![if = !supportEmptyParas]> <![endif]> The Guidance given by OPRR in its = 11/15/96 document is in the form of examples, not formal black letter law.   I personally believe the = proposed consent language comes perilously close to the language of the = un acceptable examples quoted above.   I = also suggest that the example quoted above that is acceptable is not = as clear as it could be ( i.e. “no plans”).   Regardless, I think IRBs (and the OPRR) should encourage clarity = and ease of understanding.   = Federal regulations regarding waiver of rights and exculpatory language (45 CFR = 46.116 and 21 CFR 50.20) speak of appearances (“appear to waive”) = and not just the reality of waiver.   As I = see it, this cautions against ambiguity, seductive phraseology, and vague = language that may mean something to a sponsor but not be equally or fairly meaningful = to the subject.   = <= /p> <![if = !supportEmptyParas]> <![endif]> The key language, or absence of = language, that would make the statement acceptable, in my view, is that there is = no use of words like “give up” or = “relinquish”. <![if = !supportEmptyParas]> <![endif]> <![if = !supportEmptyParas]> <![endif]> Other questions for which I = don’t have answers but which an IRB (or its parent institution) might wish to = consider are the following: <![if !supportLists]> 1.       = <![endif]> Is a consent-for-research = document the appropriate legal vehicle by which to seek a relinquishment of a = subject’s possible ownership rights in blood, tumor samples, etc.?   Does this language accomplish = a relinquishment?   Is it = legally effective? <![if = !supportEmptyParas]> <![endif]> The language has never been tested = in court, to my knowledge, so no one knows if it is legally effective, but the intent = is that it serves as a statement of knowledge by the participant that no = property interest is being granted. <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 2.       = <![endif]> Is the prospective = commercially viable product a benefit that should enter into the risk/benefit equation and = the decision-making or consent process?   If so, who is competent to judge whether the gap between sample = and product can be bridged and the technology transferred?   Is the subject at risk of = waiving only a mere fantasy or a realistic ownership right? <= /p> <![if = !supportEmptyParas]> <![endif]> I think these are questions for the participant to decide for him/her self.   <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 3.       = <![endif]> If the language is indeed = merely a “statement of fact,” why does the sponsor wish to inject it = into a consent-for-research document, or make it part of the consenting = process? <= /p> <![if = !supportEmptyParas]> <![endif]> See = #1. <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 4.       = <![endif]> Is the language intended to = put the subject on notice of the sponsor’s intention regarding a future = commercial use?   If so, is the notice effective?   Does the = subject understand he/she is being put on notice of a “statement of = fact?”   Could the subject be estopped = in the future from objecting by virtue of this notice?   And isn’t estoppel in this context just another = form of waiver, or appearance of waiver?   Should the notice or statement of fact make any reference to = economic or dollar value of the commercial product that might result (e.g. of = speculative, undetermined, significant value)? <= /p> <![if = !supportEmptyParas]> <![endif]> Yes.   No one knows.   Ask = the subject.   That is the = intent of the use of the language.   Can = you waive something you never had?   = I don’t see the legal basis for any property interest existing outside of = whatever may be granted by the owner of the product.   Perhaps, but is it ever knowable?   In 1980, could anyone have guessed the value of the Microsoft = operating system?   = <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 5.       = <![endif]> Is the IRB appropriately = qualified and is it able to evaluate these issues?   Should it? <![if = !supportEmptyParas]> <![endif]> No, I doubt there is any economic expertise.   What the IRB = is qualified to do is ensure that the potential participant is made aware = of the fact that a commercial product may result and that no economic gain will = fall to the participant.   Then = the potential participant can decide whether to sign = up. <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 6.       = <![endif]> Is it appropriate in the first = place to use the research evaluation process and the consenting process to = attempt to effectuate a resolution of a subject’s possible ownership rights = in tissue samples and their later commercial use? <= /p> <![if = !supportEmptyParas]> <![endif]> It is the process to inform the = potential participant of any and all information that is reasonably material to = the decision to participate. <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 7.       = <![endif]> Just as subjects in some = research contexts may be determined to have medical or psychological needs, might = not a subject in certain circumstances, this for example, have legal needs and = should a subject in such a situation be advised to seek legal counsel?   At whose expense?   Will the institution pay?   The = sponsor? <= /p> <![if = !supportEmptyParas]> <![endif]> No, I don’t think so.   There is the one threshold = question of whether someone wants to participant in a study that may provide someone = else with income.   = <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 8.       = <![endif]> What policies, if any, does = the institution (medical center, university, clinic etc.) have regarding: technology transfer; ownership, use, licensing and patenting in respect = to blood, tumor samples, tissue samples and the commercial use of research results?   Should the = institution have policies if it doesn’t already?   Is the institution missing an opportunity to assert ownership = rights, if any, in this situation?   = Is the IRB the arbiter between competing possible ownership rights of the = institution, the investigator, the sponsor, and the subject?   In this case here, how might institutional policies = impact upon the language proposed here for the consent-for-research = document? <= /p> <![if = !supportEmptyParas]> <![endif]> While I do not see the IRB having = any role in tech transfer or licensing, I would be sure that the language on = property interests should be consistent with—or at least analyzed by the = legal department as a component of—the more general existing institutional policies = on transfers and licensing.   = <![if = !supportEmptyParas]> <![endif]> <![if !supportLists]> 9.       <![endif]> Does the disputed language not inject confusion and ambiguity, = rather than clarity, into the consenting process?   If a court were at some later date be called upon to interpret the language in question – and it could be if the stakes = were high enough –wouldn’t the court be inclined to resolve = ambiguities against the maker much as courts resolve ambiguities in insurance contracts (contracts of adhesion, in negotiation of which the sides have unequal bargaining = power) against the insurer?   And = wouldn’t litigation about this matter of necessity involve the institution in = which the research takes place, more so especially if an IRB had sanctioned the = use of the language in the consent-for-research document? <![if = !supportEmptyParas]> <![endif]> You raise one of the key unknowns in = this area—how would a court interpret this language in a dispute over = property interests?   I have argued = in other settings that a consent form is a contract of sorts.   If it were, then the courts would apply standard = contract jurisprudence.   Whether = this would be viewed as a contract of adhesion is an unanswered question, = particularly as the participation is voluntary (while we must have insurance, for = example).   However, many others have = argued that the consent form should never be presented as a contract.   I think that the inclusion of this type of language = increases the contract nature of the consent form.   <![if = !supportEmptyParas]> <![endif]> As I said, I don’t have = answers for all these questions, and I may stand corrected about some of my assumptions.   At this point I almost wish I = hadn’t even started thinking about them.   (This is the hidden price of having too many Starbucks outlets nearby.)   Anyhow, in any = show of hands on this matter, I vote against including the language in the = consent form.   On balance, I think = the subject (and probably the institution as well) is better protected if = the language is out of and not in the consent = document. <= /p> <![if = !supportEmptyParas]> <![endif]> Tom Dalglish J.D., = Ph.D. <= /p>        &nbsp= ;            =             &= nbsp;           &n= bsp;           &nb= sp;   Community Representative, Committee C        &nbsp= ;            =             &= nbsp;           &n= bsp;           &nb= sp;   University of Washington        &nbsp= ;            =             &= nbsp;           &n= bsp;           &nb= sp;   (206) 543-0098 (University)        &nbsp= ;            =             &= nbsp;           &n= bsp;           &nb= sp;   (206) 706-1000 (Office) <![if = !supportEmptyParas]> <![endif]> <![if = !supportEmptyParas]> <![endif]> ------=_NextPart_000_0004_01BFB055.CD0615A0--
Daniel L . Icenogle 4/27/2000 1:33:00 PM

Sharing information with Investigators

Another help can be to build a repertoire of acceptable wordings for the most commonly encountered problems. There is a tension between the desire to avoid deferral of a committee decison over minor wording changes and the desire to be sure that any changes made genuinely resolve the concern. OPRR has generally opined that the required changes should be clearly set forth in order for the re-review to be administrative rather than done by the board. If you can provide sample wordings, you can resolve this tension, but it's a huge amount of work to do anew each time. Dale Dale Hammerschmidt Assoc Prof Med / (Hematology/Oncology/BMT) Editor., J. Lab. Clin. Med. Box 480 Mayo Bldg., Univ. Minn., Mpls. 55455 612-626-2640; 612-626-2642 (fax) InterNet 72662,76 (CompuServe)
Dale Hammerschmidt 4/27/2000 1:42:00 PM

FOIA and Certificates of Confidentiality

As I have written on this in the past, as an administative law teacher I am very surprised that researchers do not get hit with FOIA more often, especially those in state institutions who are subject to state laws. What is unusual here is that the court did not protect the patient indenties - that is a clear exception to FIOA - sounds like the Feds dropped the ball in helping the company resist the order. Ed Edward P. Richards Center for Public Health Law Professor - UMKC Law School (816)235-2370 Fax (816)235-5276 richardse@umkc.edu http://plague.law.umkc.edu > -----Original Message----- > From: Gullion Christina [mailto:Christina.Gullion@Columbia.net] > Sent: Wednesday, April 26, 2000 9:57 AM > To: 'MCWIRB@mcwirb.org' > Subject: FOIA and Certificates of Confidentiality > > > At the recent Society for Clinical Trials meeting, Don > Stablein of EMMES > Corporation presented an account of his company's somewhat nightmarish > experience involving a Freedom of Information Act request > from a newspaper > to the NCI. The company had a copy of the data because they were > reanalyzing it under contract with NCI. This is a vivid > example of why a > certificate of confidentiality might be needed to protect > research subjects. > If you want me to send you the postscript file for this > presentation, please > contact me privately. Alternatively, I think Dr. Nelson is > going to try to > post it at our website. > > Chris > Christina M. Gullion, Ph.D. > Biostatistician/Senior Scientist > Department of Clinical Research > Medical City Dallas Hospital > 7777 Forest Lane, Suite C-740 > Dallas TX 75230 > phone: 972-566-4718, fax: 972-566-4715 > > > > > _______________________________________________ > MCWIRB maillist - MCWIRB@mcwirb.org > http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb >
Edward Richards 4/27/2000 4:20:00 AM

Human Subjects in Social Science Research

If you were in attendance at the December ARENA/PRIMR meeting in Boston and one your areas of interest is in human subjects in social science research, you may have run into Dr. Ivor Pritchard as a presenter in those sessions dealing specifically with social science research. We are fortunate to have convinced Dr. Pritchard to come to Lehigh University on May 10, 2000, to give a talk titled Protecting Human Research Subjects in Social Science Research: Applying the Common Rule. This is an invitation to nearby institutions to attend this talk. Following is additional information: Protecting Human Research Subjects in Social Science Research: Applying the Common Rule May 10, 2000 presented by DR. IVOR PRITCHARD Senior Education Research Analyst National Institute on Student Achievement, Curriculum, and Assessment Office of Educational Research and Improvement (OERI) U. S. Department of Education The presentation, Protecting Human Research Subjects in Social Science Research: Applying the Common Rule, is intended for faculty, staff and students who wish to learn more about the regulations and procedures for the use of human subjects in research. This will be an interactive session with a case study or two for discussion purposes. The session will be held at 1:30 pm in Room B023 (adjacent to the main lobby), Iacocca Hall, Mountaintop Campus Lehigh University If you have questions, please contact the Office of Research and Sponsored Programs at (610) 758-3022 or via e-mail at rt01@lehigh.edu. Ruth Tallman Office of Research and Sponsored Programs Lehigh University 526 Brodhead Avenue Bethlehem, PA 18015 Phone: (610)758-3024 FAX: (610)758-5994 E-mail: rt01@lehigh.edu
Ruth Tallman 4/27/2000 1:33:00 PM

FOIA and Certificates of Confidentiality

At the recent Society for Clinical Trials meeting, Don Stablein of EMMES Corporation presented an account of his company's somewhat nightmarish experience involving a Freedom of Information Act request from a newspaper to the NCI. The company had a copy of the data because they were reanalyzing it under contract with NCI. This is a vivid example of why a certificate of confidentiality might be needed to protect research subjects. If you want me to send you the postscript file for this presentation, please contact me privately. Alternatively, I think Dr. Nelson is going to try to post it at our website. Chris Christina M. Gullion, Ph.D. Biostatistician/Senior Scientist Department of Clinical Research Medical City Dallas Hospital 7777 Forest Lane, Suite C-740 Dallas TX 75230 phone: 972-566-4718, fax: 972-566-4715
Gullion Christina 4/27/2000 4:20:00 AM

Sharing information with Investigators

Deb, For grammatical and spelling errors, I don't include the changes in my request for additional information, I just attach a copy of the informed consent form with the corrections marked. If the reviewers are asking for changes in the language, I put that in the formal request and suggest the reviewers rewrite. Ruth Tallman Office of Research and Sponsored Programs Lehigh University 526 Brodhead Avenue Bethlehem, PA 18015 Phone: (610)758-3024 FAX: (610)758-5994 E-mail: rt01@lehigh.edu Deborah Barnard wrote: > I need some help. Some real practical guidance. > > My IRBs use the primary reviewer system. Now we're always careful to record > actual questions or requests for further information from each and every > member. However, each and every member wants to submit editorial > comments/chnages to the consent documents. How do other groups handle this? > Do you accept editorial comments from the primary reviewer only? If you allow > editorial (we're talking commas, word choice issues, etc.) comments from > everyone - how do you get this information to the investigator without 1) > overwhelming him/her with pages of changes and 2) assuring that the PI can > follow what's being requested. > Finally, how do you reflect these requested changes in your minutes? > > Deb Barnard > Rush > Chicago > > _______________________________________________ > MCWIRB maillist - MCWIRB@mcwirb.org > http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Ruth Tallman 4/27/2000 5:15:00 AM

Sharing information with Investigators

Dear Deborah, Regardless of the review system that you employ, it is essential that you have input from EVERY MEMBER of the committee. We most certainly point out spelling errors, incorrect punctuation, grammer to the investigator. The informed consent document is a reflection, to the public, of the standards of your institution. Word Choice issues I take to mean clarifications of the informed consent content. This is the heart of the IRB's work. Part of our job is to ascertain that the subject can understand what they are being asked to participate in. At our institution, a lot of the research tat we review is coming from drug and device companies. I have yet to see, in 23 years of administering IRBs, a company consent form that cannot be improved upon with a little work. Most PIs take what they are given and that's what they bring to the Board. Our minutes reflect all changes. We may say correct all typographical errors a indicated and simplify the language that has been highlighted. Suggestions are included on new wording. Mary Catherine Spijkerman Baylor University Medical Center Dallas, TX -----Original Message----- From: Deborah Barnard [mailto:Deborah_L_Barnard@rush.edu] Sent: Wednesday, April 26, 2000 4:31 PM To: mcwirb@mcwirb.org Subject: Sharing information with Investigators I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Mary 4/27/2000 5:45:00 AM

DSMB's

Our IRB is interested in getting regular reports of off-site adverse events for POG studies. Does anyone involved with POG studies know what mechanism they have akin to a DSMB? The POG coordinators we work with don't seem to know of such a board.
Wendy 4/26/2000 12:00:00 PM

Ownership of samples

I would be concerned where a commercial sponsor asks a subject to sign an agreement consenting to the idea that “if a commercially viable product results from the use of this specimen [referring to blood and tumor samples taken from the subject], you [meaning the subject] will not have any ownership rights of proceeds.”[Bracketed notes added.] Both the FDA (21 CFR 50.20) and OPRR (45 CFR 46.116) utilize nearly identical language prohibiting consent documents from containing “any exculpatory language through which the subject [note: the FDA also says “or the representative”] is made to waive or appear to waive any of the subject’ s legal rights…”. [Brackets and emphasis added.] An OPRR Guidance Document dated 11/15/96 entitled “Exculpatory Language in Informed Consent Documents” addresses this issue. To me the proposed consent document clearly seeks to accomplish a relinquishment by the subject of “any ownership rights,” however speculative, that might result from the use of a subject’s specimen. How? By getting the subject to sign an agreement (a consent document) to this effect. Call it a waiver, a contract, a memorandum of understanding, a release, or an “informed” consent, but whatever you call it the subject has signed an agreement acquiescing to the stated language. What fuels this interpretation is the sponsor’s apparent insistence on the language and refusal to change it. That suggests to me that the sponsor and its counsel have some goal in mind by its use. The language contained in the proposed consent document is somewhat clumsy and unclear. What if you (meaning the IRB) inserted language authorizing use during the course of the research/investigation only and not thereafter if and when any “commercially viable product” results? What if you offered a license to use, instead of a surrender of ownership rights? What if you required the sponsor to come back later to the subject for further authorization for use in commerce instead of research? What if you sought to require the sponsor to put a dollar value on the “proceeds” referred to (e.g. “you will not have any ownership rights of proceeds estimated to be in the range of three million dollars”)? I am not seriously suggesting you offer any such changes, but I imagine that in any attempt to do so you might learn more of the sponsor’s intent. As a practical matter, however, the presently proposed language could in my judgment be used by the sponsor to discourage or defeat any claim by any subject who might in the future claim the “ownership” interest the sponsor is worried about. In my opinion an IRB should not try to rewrite such a document as this. I would worry about practicing law on behalf of the subject in doing so, and would not want to get the IRB into that role. If the concern for the subjects’ rights in this case is really serious perhaps the subjects need legal counsel. If I were a member of the IRB in question I would vote against the proposed language and recommend that it be stricken. It is waiver language and most definitely risks the subjects’ legal rights. I would further recommend checking to see if there are any applicable state laws or institutional patent, technology transfer, or other policies that might come in to play here. Finally, some might find of interest an excellent piece by Dorothy Nelkin and Lori Andrews in the September-October 1998 Hastings Center Report entitled “Homo Economicus: Commercialization of Body Tissue in the Age of Biotechnology.” Tom Dalglish J.D., Ph.D. Community Representative, Committee C University of Washington (206) 543-0098 (University) (206) 706-1000 (Office)
thomas k. dalglish 4/26/2000 12:09:00 PM

Ownership of samples

I believe it was Paul Goebel who once said about this specific issue: -- If the subject has no property rights in the potential developments, the language is unnecesary; -- If the subject HAS property rights in the potential developments, the language is improper. In either case, it doesn't belong. Dale (And if I have misremembered the source, my apologies to whomever it was that I SHOULD have credited) Dale Hammerschmidt Assoc Prof Med / (Hematology/Oncology/BMT) Editor., J. Lab. Clin. Med. Box 480 Mayo Bldg., Univ. Minn., Mpls. 55455 612-626-2640; 612-626-2642 (fax) InterNet 72662,76 (CompuServe)
Dale Hammerschmidt 4/26/2000 1:12:00 PM

Lack of Informed Consent Costs $3.8 million

MEDICAL RESEARCH LAWSUIT SETTLED Saturday, March 11, 2000 Section: FLORIDA/METRO Page: 1 BY: JOSE PATIN GIRONASO: of The Tampa Tribune TAMPA - A lawsuit accusing USF doctors of experimenting on pregnant women without their consent is settled for $3.8 million. In her 26th week of pregnancy, Tina Perritt's water broke and she was rushed to Tampa General Hospital. There, hospital workers gave her Demerol to alleviate labor pains. Shortly after, she was asked if she would sign a consent form allowing doctors to administer medicine that would save her baby. Feeling woozy and incoherent, she tried to read the three-page, single-spaced document, but she couldn't get through it, Perritt said in a deposition. Exasperated, she signed it after doctors told her several times she would lose her baby or it would have to be placed on a respirator. The doctors, however, didn't tell Perritt she was signing a consent form for an experiment to allow them to use steroids to spur the lung development in fetuses and to increase the chances of her premature baby's survival, a lawsuit filed in 1990 against the hospital and the University of South Florida alleged. The experiment wasn't considered risky and no adverse effects were documented, plaintiffs in the suit agree. However, the failure to inform Perritt and as many as 3,000 other pregnant women of various experiments conducted between 1986 and 1990 has cost Tampa General Hospital, USF and the state $3.8 million. In a settlement announced Friday, the hospital and the university each have agreed to pay $1.1 million and a state insurance plan will pay $1.6 million over a four-year period to about 3,000 people who could collect from the class-action suit. U.S. District Judge Henry Lee Adams Jr. must still sign off on the settlement, said Stephen Hanlon, attorney for the plaintiffs. Hanlon's law firm, Holland & Knight, will receive $1.1 million, but will donate $80,000 to consultants working to solve the hospital's financial woes. The lawsuit named former USF physicians Walter Morales and Jeffrey Angel, as well as two former university administrators, as defendants. Neither doctor could be reached for comment. Officials from USF and TGH both said that since the lawsuit was filed, both institutions have initiated safeguards sought by the plaintiffs. A lot of what was raised in this case, is now routine, said Michael Hoad, USF director of Health Sciences Public Affairs. Perritt was admitted to TGH for nine days in March 1987, where the 18-year-old received three different types of experimental medicines, the lawsuit said. After being discharged, the suit says she was told to return every two weeks to TGH's High Risk Clinic, where on 11 occasions she had amniocentesis, a surgical drawing of fluid from the uterus used to show the maturity of the fetus' lungs. Perritt says the amniocentesis procedures caused an infection resulting in the premature birth of her daughter, who was born when she was eight months pregnant. Perritt's daughter is now 12 and is healthy, Perritt said at Friday's news conference. Pregnant women usually receive amniocentesis only twice throughout their terms, said Karen Perrin, a former TGH nurse who noticed on the charts that a number of pregnant women were receiving multiple amniocentesis as part of a research study. She said the women told her that if they didn't receive the amniocentesis, their babies would die. After finding no answers at the hospital, Perrin went to Hanlon in 1987. It's scary to be a whistleblower, but it's worth it because that is how things get changed, said Perrin, now a USF associate professor for the college of public health. I would like nurses to know that they are the watchdogs of medicine, Perrin said. If they see something that looks unethical, they need to pursue it. In addition to the financial penalty, TGH has agreed to produce consent forms that are easier to read; a California organization will assist in preparin
Anonymous 4/26/2000 8:36:00 AM

IND required?

Your help in i dotting and t crossing please: If 1.) a drug is being studied for it's dependency effects using a PET scan and it will be given by infusion, but is currently approved for only oral, inhalation, and topical administration. and 2.) there is no intent to use the chemical for drug development or diagnostic purposes. The intravenous adminstration route is chosen in order to conduct the testing under the best controlled circumstances and 3.) there have been other studies in humans and animals going back a few decades with this route, but no mention of an FDA IND. Does the researcher need to submit an IND to the FDA prior to conducting the research? Thanks, Stephanie Porto RPh Investigational Drug Service Barnes-Jewish Hospital
Stephanie Porto 4/26/2000 2:25:00 PM

Sharing information with Investigators

Deb, We (IRB staff) collect all of the revisoins to the consent and mark up one copy which would include all changes made by the whole committee and forward that to the investigator. This is the simplest way that we can accomplish all comments to be reflected and it makes the job for the PI easier, as they can just revise the consent. We also have a primary and secondary reviewer system, but the whole committee's comments are included for all clarifications, consent changes, etc. I hope this helps. Barbara J. LoDico, IRB Administrator Coordinator, Research and Sponsored Programs New Jersey Medical School, MSB C-690 185 so. Orange Ave., Newark, NJ 07103 lodico@umdnj.edu phone (973) 972-3608 fax (973) 972-3585 -----Original Message----- From: mcwirb-admin@mcwirb.org [mailto:mcwirb-admin@mcwirb.org] On Behalf Of Deborah Barnard Sent: Wednesday, April 26, 2000 5:31 PM To: mcwirb@mcwirb.org Subject: Sharing information with Investigators I need some help. Some real practical guidance. My IRBs use the primary reviewer system. Now we're always careful to record actual questions or requests for further information from each and every member. However, each and every member wants to submit editorial comments/chnages to the consent documents. How do other groups handle this? Do you accept editorial comments from the primary reviewer only? If you allow editorial (we're talking commas, word choice issues, etc.) comments from everyone - how do you get this information to the investigator without 1) overwhelming him/her with pages of changes and 2) assuring that the PI can follow what's being requested. Finally, how do you reflect these requested changes in your minutes? Deb Barnard Rush Chicago _______________________________________________ MCWIRB maillist - MCWIRB@mcwirb.org http://www.mcwirb.org/mailman/listinfo.cgi/mcwirb
Barbara Lodico 4/26/2000 2:09:00 PM

Ownership of samples

I have to weigh in on this. First of all, let’s make something perfectly clear. The language that many seem to find objectionable had been specifically approved by OPRR for use in this setting a number of years ago as NOT A WAIVER, but, as mentioned by Jon Merz, a mere statement of a fact. Many institutions are using similar or identical language and have done so for years. If someone feels it is wrong to allow the use of his or her DNA/blood/whatever in a project that may only make somebody else some money, that person can refuse to consent to participate. Research regularly has a commercial product as a goal. I realize that the use of genetic material or product changes the emotional quotient, but the heart of the justice issue is the same. Somebody is using a non-compensated source to develop a product. Moreover, there are many reasons why the payment of royalties to those whose material is a part of this type of research has not been commonplace. Rarely is there anything unique about that human source material—it simply has to be human or from one of the many humans who have a particular gene or marker—that is necessary for the research or product. The Moore situation, involving a person who is uniquely a ready source of a gene product is rarely, if ever, repeated. Often the research requires the material from many people, perhaps a hundred, a thousand, perhaps more, not just one or two. In addition, it is rarely the human material itself that is the product—often it is a gene or marker that has been identified from human DNA and is then reproduced using PCR or some other technique. Yes, of course, the language is being inserted to defeat future claims against profits by participants. Should participants being compensated? I would ask why should they be compensated? What risk have they taken? What time, intelligence, energy or creativity are they pouring into a project with an uncertain outcome? What finances are they risking for an uncertain return? Compensate people for their time and discomfort in donation—in other words, compensate them for what they uniquely contribute. Daniel L. Icenogle, MD, JD Icenogle & Associates 1858 Sand Ridge Ct. Verona, WI 53593-8814 608.832.0549 (voice and fax) Electronic mail from Daniel L. Icenogle, MD, c/o Icenogle & Associates at icenogle@execpc.com. This communication is intended for the use of the addressee. It may contain information which is privileged or confidential under applicable law. If you are not the intended recipient or the agent of the recipient, you are hereby notified that any dissemination, copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify Icenogle & Associates at (608) 832-0549 or via return Internet electronic mail at icenogle@execpc.com and expunge this communication without making any copies. Thank you for your cooperation.
Daniel L . Icenogle 4/26/2000 1:21:00 PM

Reporting Adult Abuse

In planning for a study involving potential instances of adult domestic violence we wonder whether investigators have an ethical/legal obligation to report when a subject discloses they are currently being physically abused. Our research provides no definitive answers. Massachusetts law does not name researchers in lists of those who must report instances of child, elderly or patient abuse. And it is not clear whether our (IRB) institution would be immune from actions resulting from reporting (false) events. We may have missed something, but we found OPPR silent on this issue. Nevertheless, it seems like we ought to report cases to some agency. How should we balance an ethical duty, if there is one, to report instances of adult abuse and our pledge to protect the privacy of a research subject? Thoughts on legal implications? Thanks - Michael
J . Michael Oakes 4/25/2000 8:50:00 AM

Reporting Adult Abuse

Donna, The problem I have with using terms such as within the limits of the law or similar phrases is that people don't know what it means, including a lot of researchers! If our goal is truly informed consent, why not state: There is one (or more) exception to this (e.g. confidentiality protections). If we become concerned about or observe abuse or neglect of a vulnerable adult, we are required to report it to APS (or specific local agency). Bold face is similar to what we have required in consent/assent forms when abuse reporting may be an issue in the research. We try to avoid nebulous terms such as according to applicable laws because potential study participants don't know what laws it is supposed to refer to, and thus cannot determine the possible risks to themselves (or others) if they decide to participate. We also aim for reading levels of 6th-8th grade, even lower for developmentally disabled individuals, kids, etc. Otherwise, I agree that the protection of someone who may be at risk of harm should override confidentiality provisions in research. Maggie > -----Original Message----- > From: Donna Bowling [SMTP:DBOWLING@swmail.sw.org] > Sent: Tuesday, April 25, 2000 7:33 AM > To: mcwirb@mcwirb.org > Subject: Re: MCWIRB digest, Vol 1 #202 - 18 msgs----- Reporting Adult > Abuse > > You should check the wording of your state law very carefully. In Texas > the requirement to report abuse generally covers children, the disabled > and the elderly (over 65). The obligation is phrased in terms of any > person having reason to suspect abuse. > > There was some confusion in Texas regarding the obligation of a lawyer or > pastor to report because of their obligation to protect confidential > communications. The law was amended to clarify that these privileges do > not trump the obligation to report. That has led to some interesting > theoretical ethical discussions with our in-house chaplains. > > If asked the question here I would have no problem stating that the > obligation to report abuse would override any promise of confidentiality > to a research subject. For such reasons I have asked that the > confidentiality paragraph in the consent forms read that confidentiality > is promised in accordance with applicable law. > > Donna Bowling, Associate General Counsel > Scott and White, Temple, Texas > dbowling@swmail.sw.org >
Maggie 4/25/2000 8:24:00 AM

Reporting Adult Abuse

I would think this misses the point. The concern is not that the law does not authorize reporting of the abuse--the concern is just the opposite, that the law WILL require reporting of the abuse, thus overriding the promise of confidentiality. Given that participation in a research study is voluntary, and often not for the benefit of the research subject, the question is whether it is ethical to not warn the subject that they may be reported to the authorities as a result of their participation in the study. Indeed, wouldn't that be a risk that should be highlighted in the Risks section of the consent form? Thus, if you are doing a study in which you are dealing with information that is likely to raise such an issue, it would seem inappropriate to merely say in the consent form, as you suggest, that confidentiality is promised in accordance with applicable law. I doubt that many subjects would be aware that applicable law allowed the researchers to report abuse they discovered to the police, etc. Jerry Menikoff University of Kansas >You should check the wording of your state law very carefully. In Texas >the requirement to report abuse generally covers children, the disabled and >the elderly (over 65). The obligation is phrased in terms of any person >having reason to suspect abuse. >There was some confusion in Texas regarding the obligation of a lawyer or >pastor to report because of their obligation to protect confidential >communications. The law was amended to clarify that these privileges do >not trump the obligation to report. That has led to some interesting >theoretical ethical discussions with our in-house chaplains. >If asked the question here I would have no problem stating that the >obligation to report abuse would override any promise of confidentiality to a >research subject. For such reasons I have asked that the confidentiality >paragraph in the consent forms read that confidentiality is promised in >accordance with applicable law. >Donna Bowling, Associate General Counsel >Scott and White, Temple, Texas >dbowling@swmail.sw.org
Jerry Menikoff 4/25/2000 8:50:00 AM

Funding for National Cancer Trials - IRB Compensation

We handle a large number of cooperative cancer research trials. In the past we did not charge for any of the IRBs activities. Now we have a set fee for study review, approval, and oversight. We have not, however, been charging the cooperative cancer groups. There has been an implication that the funds are simply not there. With new directorship at the research institute, this has been brought into question. Can you tell me if any other institutions charge for overview of cooperative cancer research trials?
Anonymous 4/25/2000 8:09:00 AM

Hepatitis C study

Seeking insight or information. In the last week, the New York Times ran a story in the Science section on a study done on some old blood samples drawn from military recruits in the mid 1940's. It was essentially an exploratory study, to see if there was evidence of Hepatitis C infection detectable in samples drawn well before anyone knew of this type. It has provided some surprisingly confounding information about the natural history of the disease--one man discovered alive with apparent active viral replication and no signs of clinical illness. My question: The article alludes to but does not specify the inevitable difference of opinions among ethicists about contacting those whose samples came up positive, and indicates that it took the principal investigator a year and a half to draft a letter that was considered acceptable. I am wondering what ethical issue in this matter could have been that knotty as to cause such a delay and re-drafting effort. Anyone know anything about this? Warren -.,,_,.-:*'``'*:-.,,_,.-:*'``'*:-.,,_,.-:*'``'*:-.,,_,.- Warren Kearney, M.D. E-mail: kear0004@tc.umn.edu 2301 Minneapolis Ave Minneapolis, MN 55406 (612) 729-1412
Warren Kearney 4/25/2000 4:09:00 AM
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