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2012 VA IRB Chair Meeting 2012 VA IRB Chair Meeting

2012 VA IRB Chair Meeting - PowerPoint Presentation

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2012 VA IRB Chair Meeting - PPT Presentation

Tuesday August 14 2012 Remembering Ethics When Legal amp Ethical Constraints Diverge in Human Subjects Protection Valerie H Bonham Senior Attorney Office of the General Counsel US Department of Health and Human Services ID: 269723

law research subjects ethical research law ethical subjects amp consent bioethics subject legal 2010 commission director 2011 study human

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Slide1

2012 VA IRB Chair MeetingTuesday, August 14, 2012

Remembering Ethics -- When Legal & Ethical Constraints Diverge in Human Subjects Protection

Valerie H. Bonham

Senior Attorney

Office of the General Counsel

U.S. Department of Health and Human ServicesSlide2

Objectives

Recognize the interplay of bioethics and law and the reasons why both need to be considered in protecting research subjects.

Understand U.S. legal framework for protecting human research subjects – domestically and internationally.

Discuss 3 example cases, old and new, where legal standard

may

be met, but

ethics

clearly fell short.Slide3

Bioethics & Law – Overlap

Bioethics principles, e.g., respect for persons and individual autonomy, are often reflected in law.Example:

Informed consent

, in U.S. law:

21 U.S.C. 355 (requiring informed consent in certain FDA-regulated research since 1962)

42 U.S.C. 218 (requiring informed consent in HHS-funded research since 1974)

45 CFR Part 46.116 (Common Rule)

21 CFR Part 50 (FDA equivalent)

See, also, requirements to

minimize risk & avoid unnecessary harms

, e.g., in U.S. Common Rule, 45 CFR Part 46.111 (Criteria for IRB review)Slide4

Bioethics & Law – What’s the difference?

Over-simply --Both are concerned with distinguishing what is right from what is wrong.

Set standards & boundaries to guide action.

Bioethics: Arises from moral philosophy and religious traditions; violators face moral sanction.

Law: Arises from authority of the government; violators face civil & sometimes criminal penalties.

Sometimes divergent actions, e.g.,

Access to care & compensation for research injuries.

Law reaches broader issues, e.g., peer review for U.S. grants.Slide5

HHS Regulations

(“the Common Rule”), 45 C.F.R. Part 46 -- Apply directly to international research when U.S. funded.

FDA Regulations

, 21 CFR Parts 50, 56, 312, 812.

-- Apply to international research when FDA approval sought.

** Collectively, these extend to

most

, but not all research in the United States and some research internationally.

U.S. Legal Framework – Main SourcesSlide6

U.S. Legal Framework

Source: U.S. Presidential Commission for the Study Of Ethical Issues,

Moral Science

(2011)Slide7

U.S. Funding –Location

Source: U.S. Presidential Commission for the Study Of Ethical Issues, Moral Science (2011)Slide8

Informed Consent – Bioethics & Law

Largely overlap, but….Sometimes law may permit what bioethics might reject, including, case-by-case: Residual use of “de-identified” samples45 CFR 46 is limited to research use of data with “identifiable private information” or obtained through intervention or interaction with a living individual; and

Identifiability

” of genetic samples and scope of consent presents recurring challenges.Slide9

Compliance For many, complying with law is marker for satisfying ethical principles

U.S. Government regulatory compliance efforts are broad:OHRP, FDA: myriad guidance documents, enforcement programs, etc.

NIH: numerous policies, grant statements, enforcement, withhold funding, etc.

We focus on

legal

compliance… some times to our detriment.Slide10

What is Legal is Not Always Ethical

Jewish Chronic Disease Hospital (1963)Patients injected with live cancer cells;

Patients deceived; and

No signed or documented consent.

Lead investigators suspended

following administrative review

(

amd

law

suit for records

), but one elected vice-president of AACR shortly after.Slide11

National Commission for the

Protection of Human Subjects of Biomedical and Behavioral Research

Congressional mandate to:

Identify ethical principles underlying human subjects research

Develop guidelines to be followed

The Belmont Report

(1979)

Enduring framework for medical research ethics today

U.S.

Ethics

Framework –

Some

SourcesSlide12

The Guatemala ExperimentsSlide13

“The President reaffirmed the United States’ unwavering commitment to ensure that all human medical studies conducted today meet exacting U.S. and international legal and ethical standards. ”

October 1, 2010

National Reaction – 2010Slide14

International Reaction – 2010Slide15

Investigation Timeline

Timeline

June 2003

Reverby

discovers Dr. Cutler records at University of

Pittsburgh

.

May

2010

Reverby

notifies Dr. David

Sencer

, former Director of

the

Centers for Disease Control and Prevention.

Summer 2010

U.S

. recovers Cutler documents and undertakes

preliminary review

.

October 2010

Public

release; President and Secretaries,

Sebelius

and

Clinton

, apologize; Secretaries announce independent

Investigation

.

November 2010

President

charges

Commission.

January 2011

Commission

begins investigation.

September

2011

Commission

issues historical report.Slide16

Reviewed over 125,000 pages of original records and 550 published documents

Over 10,000 pages from Cutler archivesSearches conducted in archives across USConsulted independent JHU syphilologist

with 30+ years experience.

Prepared subject database with 1,074,196 entries.

Investigation MethodsSlide17

Research Design

Original goal: to test the orvus-mapharsen prophylaxis wash as a prophylaxis for syphilis in prisoners exposed to infected commercial sex workers.Intentional exposure studies conducted 1946-1948 with:

commercial sex workers

prisoners

Guatemalan soldiers, and

psychiatric hospital patients.

Exposure methods: sexual intercourse, skin contact, direct injection, scarification/abrasion, and

cisternal

punctures. Slide18

Research Design, cont’d.

Serology studies conducted 1946-1953 withmost subjects from intentional exposure studies, children from orphanage and school, leprosarium patients, and

U.S. Air Force Personnel

Serology methods: blood draws, lumbar punctures, and

cisternal

punctures. Slide19

Research Design, cont’d.

No record of any of the subjects giving consent. Some subjects, including those with mental illness and children, did not have the capacity to consent. Evidence shows that researchers intentionally deceived some subjects about the nature of the study and what was being done to them.Slide20

Subject Specific Data

Total Subject numbers: 5540Intentional exposure: 1308

678 of whom show some record of treatment

Diagnostic testing

: 5128

820 of whom show some record of treatment Slide21

Subject Age RangesSubject age ranges:

Intentional exposure: 10 to 72 years.Mean: 25

Mode: 20

Median: 22

Diagnostic testing

: 1 to 72 years.Slide22

Subject & Population Summary

Source: U.S. Presidential Commission for the Study Of Ethical Issues,

Ethically Impossible

(2011

)Slide23

Subject Profile : Berta

Source: U.S. Presidential Commission for the Study Of Ethical Issues,

Ethically Impossible

(2011)Slide24

Female Psychiatric Patient listSlide25

Syphilis Experiment Protocol Slide26

Subject Serology ResultsSlide27

Subject Clinical

Notecard

Slide28

Institutional Support

Public Health Service Venereal Disease DivisionFunded grant, supplied staff, design, and suppliesNow

part of the CDC

NIH

Issued 2-year grant to Pan American Sanitary Bureau (PASB)

Now the Pan American Health Organization

PASB

Built laboratory, negotiated agreements with the Guatemalan government giving authority to work with Guatemalan

officials and institutions, paid for staff and supplies

Government of Guatemala

Supplied staff, facilities, and encouraged workSlide29

Approval & Oversight

Approved by:NIH Syphilis Study Section (meeting one)National Advisory Health Council

Surgeon General Thomas

Parran

Supervision and site visits from:

Dr. John Heller, Chief, Venereal Disease Division

Dr. John Mahoney, Director, VDRL

Dr. RC Arnold, Asst. Director, VDRL

Dr. Cassius Van Slyke, Chief, Research Grants Office

Dr. Fred Soper, Director of PASBSlide30

PHS/PASB TeamDr. John Cutler, Senior Surgeon, PHSDr. Sasha Levitan, Senior Surgeon, PHSDr. Lee Harlow, Asst. Surgeon, PHS

Guatemala TeamDr. Luis Galich, Director, Ministry of Public HealthDr. Juan Funes, Chief, Venereal Disease Section, Ministry of Public Health

Dr. Hector Aragon, Director, National Orphanage of Guatemala

Dr. Roberto Robles Chincilla, Director of Medical Services, Penitentiary

Dr. Carlos

Salvado

, Director, National Psychiatric Hospital

Dr. Carlos Tejeda, Chief of the Army Medical Department

I

n GuatemalaSlide31

PCSBI’s Ethical Analysis

Faulty Scientific Design:The experiments were not carefully designed by either current or contemporaneous understandings of appropriate scientific methods: modes of transmission were used that supervisors warned against,

data was altered or excised before inclusion in summary reports, and

not all of the subjects exposed to STDs were treated.

Failure to Obtain Consent:

In 1943-1944, many of the same researchers carefully considered and adopted strict requirements for individual consent and voluntariness in similar gonorrhea research at the federal prison in Terre Haute, Indiana. Evidence showed they ignored this standard, and in frequently sought to deceive subjects and outside observers.Slide32

International Reaction – 2011Slide33

What is Legal is Not Always Ethical, II

Havasupai Indians

(2000s)

1990 diabetes study collecting over 200 blood samples for “the causes of behavioral/medical disorders” [Diabetes]

Samples used thereafter for myriad secondary uses, including evolutionary genetics challenging tribe’s cultural beliefs

Tribe sued Arizona State University, which settled in 2010 with return of samples, apology and money damages.Slide34

What’s wrong?Violation of respect for human dignity and individual ethical rights/interests

Violation of law (sometimes)Real and potential costs to research:Enrollment declines.Public trust in the research enterprise declines.

Funding declines.

Advance of science and treatment slows.

HeaderSlide35

Summary – what do we do now?Bioethics and law

 Remember both In design, funding, approval and

monitoring

IRBs play a critical part.

Responsible stewardship & Public Trust

Law

Bioethics