79C3C34C52B45572883A05D425EB0F82
Ethical Guidelines for InterventionStudies (2012)
https://www.moh.govt.nz/notebook/nbbooks.nsf/0/A1E97A72A3AC8BC3CC257A60000B1D3B/$file/ethical-guidelines-for-intervention-studies-2012v2.pdf
http://leaux.net/URLS/ConvertAPI Text Files/E858C5F11DF8E8AB33AC9B4883B2B703.en.txt
Examining the file media/Synopses/E858C5F11DF8E8AB33AC9B4883B2B703.html:
This file was generated: 2020-12-01 07:43:44
| Indicators in focus are typically shown highlighted in yellow; | 
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; | 
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; | 
Trigger Words/Phrases are shown highlighted in gray. | 
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Criminal Convictions
Searching for indicator prisoners:
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p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
p.000062:  •    Intervention studies should be conducted only if the risk to vulnerable people is at an acceptable minimum. (See 
...
Political / Illegal Activity
Searching for indicator illegal:
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p.000062:  identified data from substantive data, maintaining a potential link by assigning an arbitrary code number to each 
p.000062:  data-identifier pair before splitting them. Held securely and separately, the key allows the re-associating of the 
p.000062:  substantive data with the identifiers, under specified conditions, if that is ever necessary (Lowrance 2002). Data may 
p.000062:  be single-coded, or double-coded if extra security is required. Data can also be potentially identifiable if it is 
p.000062:  possible to infer an individual’s identity from them. 
p.000062:  •    Partially de-identified (AIDS-type code) data: Data coded with abbreviated identifiers (for example, initials, 
p.000062:  date of birth, sex) are used for reporting AIDS, HIV and some other conditions. This allows re-identification by the 
p.000062:  clinician reporting, but is anonymous to the recipient, although duplicates can be linked. 
p.000062:  •    De-identified (not re-identifiable, anonymised, anonymous, unlinked) data: The process of de-identification can be 
p.000062:  irreversible if the identifiers have been removed permanently. These data are referred to as ‘de-identified' data. It 
p.000062:  should be recognised that the term ‘de-identified’ is used frequently in other documents to refer to sets of data from 
p.000062:  which only names have been removed; in fact such data may remain ‘potentially identifiable’. 
p.000062:  •    Anonymous data: Anonymous data have been collected without personal identifiers, and no personal identifier can be 
p.000062:  inferred from them. 
p.000062:   
p.000062:  7.3         Investigators must ensure the adequate physical and electronic security of data. 
p.000062:   
p.000062:  7.4         For studies involving the collection of information about illegal activities (eg, the use of illegal 
p.000062:  substances), potential participants should be made aware of whether investigators can or cannot ensure confidentiality. 
p.000062:   
p.000062:  7.5         In the unusual event that individual or group confidentiality cannot be maintained or is violated – for 
p.000062:  example where the researcher is legally or ethically obliged to disclose information to protect the safety of a 
p.000062:  participant or another person – investigators should take all reasonable steps to maintain or restore the good name and 
p.000062:  status of the individual(s) or group concerned. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  34   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  7.6         Note that ‘privacy’ is the status of information about aspects of a person’s life over which she or he 
p.000062:  claims control and may wish to exclude others from knowing. Privacy is a relative status, and claims to it must be 
p.000062:  negotiated against countering claims, such as the rights of others or collective societal goods. ‘Confidentiality’ is 
p.000062:  the respectful handling of information disclosed within relationships of trust, especially as regards further 
p.000062:  disclosure (Lowrance 2002). 
p.000062:   
p.000062:  7.7         If study data are to be used for any purpose, or by any people, other than as specified in the approved 
p.000062:  protocol, investigators should ascertain whether they need to submit a proposed revision of the study protocol or a new 
p.000062:  protocol to an ethics committee (see Ethical Guidelines for Observational Studies and the SOPs for HDECs). 
p.000062:   
p.000062:  7.8         See also the Health Information Privacy Code 1994, Rules 5 and 11 and the Privacy Act 1993, Principles 5 
p.000062:  and 11. 
p.000062:   
p.000062:   
...
Political / Indigenous
Searching for indicator indigenous:
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p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
p.000062:  participation and protection implicit in the Treaty should be respected by all researchers, and, where applicable, 
p.000062:  should be incorporated into all health research proposals (HRC 2005b). The principles can be explained as follows: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  8     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    partnership: working together with iwi, hapū, whānau and Māori communities to ensure Māori individual and 
p.000062:  collective rights are respected and protected in order to achieve health gain 
p.000062:  •    participation: involving Māori in the design, governance, management, implementation and analysis of research, 
p.000062:  particularly research involving Māori 
p.000062:  •    protection: actively protecting Māori individual and collective rights, and Māori data, cultural concepts, norms, 
p.000062:  practices and language in the research process. 
p.000062:   
p.000062:  4.8         There should be due recognition of Māori as the tāngata whenua and indigenous people of Aotearoa New 
p.000062:  Zealand. 
p.000062:   
p.000062:  4.9         Any potential cultural and ethical issues pertaining to Māori must be addressed through appropriate 
p.000062:  engagement with Māori, which may include discussions with appropriate representatives of specific whānau, hapū and iwi 
p.000062:  as determined by the scope and method of the study. 
p.000062:   
p.000062:  4.10       Comprehensive, high-quality Māori health research and information can inform both the Government and iwi on 
p.000062:  the matter of health priorities, and can assist whānau, hapū and iwi to be involved in meeting these priorities. 
p.000062:   
p.000062:   
p.000062:  Beneficence and non-maleficence 
p.000062:   
p.000062:  4.11       The principle of beneficence refers to a moral obligation to act in a way that will benefit others. 
p.000062:  ‘Non-maleficence’ refers to an obligation not to inflict harm on others (Beauchamp and Childress 2001). 
p.000062:   
p.000062:  4.12       In an intervention study the risks of the study should be reasonable in light of the expected benefits. The 
p.000062:  greatest risk is the potential for harm to study participants. This is particularly significant given that benefits 
p.000062:  often accrue to society but only in some cases to study participants. The greater the risk of harm from the study, the 
p.000062:  greater should be the care in addressing the ethical issues raised. 
p.000062:   
p.000062:  4.13       A study is within the range of minimal risk if potential participants can reasonably be expected to regard 
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Political / criminal
Searching for indicator criminal:
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p.000062:   
p.000062:  People with intellectual disabilities vary widely in their degree of intellectual disability and in their ability to 
p.000062:  understand, reason and communicate. Many people with intellectual disabilities will be capable of making decisions or 
p.000062:  giving informed consent, depending on the nature of the specific decision in question. The capacity of an individual to 
p.000062:  give informed consent should be assessed on a case-by-case basis. 
p.000062:   
p.000062:  When considering the competence of a person with an intellectual disability to give informed consent it should be 
p.000062:  recognised that different decisions demand different levels of competence. In other words, a person with an 
p.000062:  intellectual disability may not be competent to give informed consent to participate in a clinical trial of 
p.000062:  psychoactive drugs but may well be competent to consent to be interviewed about his/her experiences of community 
p.000062:  living. 
p.000062:   
p.000062:  Issues of competence to consent are highly significant for people with intellectual disabilities in their daily lives. 
p.000062:  Questions arise in the provision of health and disability services, their rights to undertake legal contracts, criminal 
p.000062:  liability, ability to be a witness in a trial – to mention a few. 
p.000062:   
p.000062:  Factors to consider when researching with people with intellectual disabilities include the following. 
p.000062:  •    People with intellectual disabilities are not usually concerned about the implications of research for public 
p.000062:  policy, but are more likely to be interested in what changes the research can bring about for them personally. 
p.000062:  •    People with intellectual disabilities often have difficulty separating hypothetical situations from personal 
p.000062:  anxieties and concerns. 
p.000062:  •    People with intellectual disabilities often have fewer opportunities to acquire ordinary knowledge (for example, 
p.000062:  due to lack of or inappropriate education, segregation, over- protection or lack of access to information). 
p.000062:  •    The most difficult area for people with intellectual disabilities to understand is the area of legal rights. They 
p.000062:  may have limited experience of their voluntary decisions being respected. 
p.000062:  •    People with intellectual disabilities often have a tendency to comply with the perceived demands of an authority 
p.000062:  figure. 
p.000062:  •    Even persons with severe disabilities may be able to make decisions if given the opportunity, support and training 
p.000062:  to do so. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  50   Ethical Guidelines for Intervention Studies 
p.000062:   
...
Political / political affiliation
Searching for indicator party:
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p.000062:  •    Plans for any interim analysis of both efficacy and safety data and criteria for early termination should be 
p.000062:  specified in the study protocol, and agreed between the study sponsor, the trial steering committee and the DMC. These 
p.000062:  plans should be appropriate to the setting. They should indicate the statistical approach for preserving overall error 
p.000062:  rates when multiple analyses are carried out, and should give appropriate recognition to the unreliability of early 
p.000062:  results due to random fluctuations. 
p.000062:   
p.000062:   
p.000062:  The independence of the data monitoring committee 
p.000062:   
p.000062:  6.51       All intervention studies need monitoring, but not all studies need an independent DMC (Ellenberg et al 2003: 
p.000062:  153–6). 
p.000062:   
p.000062:  6.52       An independent DMC is independent of those conducting the study the DMC is monitoring. It has a 
p.000062:  multidisciplinary membership, including physicians from relevant medical specialties and biostatisticians. In many 
p.000062:  cases its membership also includes others with relevant expertise, including ethicists, epidemiologists and basic 
p.000062:  scientists. At least some members, especially the chair and the biostatistician, should have prior DMC experience. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  28   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.53       An independent DMC should have its membership limited to individuals free of any significant conflict of 
p.000062:  interest in relation to the study being monitored, whether financial, intellectual, professional or regulatory in 
p.000062:  nature. 
p.000062:   
p.000062:  6.54       For studies with an independent DMC, that DMC should ideally be the only party to whom the data analysis 
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
...
Political / vulnerable
Searching for indicator vulnerable:
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p.000003:  Foreword to the 2009 edition                                                                          iv 
p.000003:  1     Introduction                                                                                               1 
p.000003:  2     Definitions and scope of the Guidelines                                                   3 
p.000003:  Definition of ‘intervention study’ 
p.000003:  3 
p.000003:  Features of intervention studies 
p.000004:  4 
p.000004:  Scope of these Guidelines 
p.000005:  5 
p.000005:  3     Ethics of intervention studies                                                                    6 
p.000005:  Worth of intervention studies 
p.000006:  6 
p.000006:  Benefits to participants 
p.000006:  6 
p.000006:  Risk in intervention studies 
p.000007:  7 
p.000007:  4     Underlying ethical considerations                                                             8 
p.000007:  Respect for persons 
p.000008:  8 
p.000008:  Justice 
p.000008:  8 
p.000008:  Beneficence and non-maleficence 
p.000009:  9 
p.000009:  Integrity 
p.000009:  9 
p.000009:  Diversity 
p.000010:  10 
p.000010:  Addressing conflict of interest 
p.000010:  10 
p.000010:  5     Study and protocol design                                                                      11 
p.000010:  Study question 
p.000011:  11 
p.000011:  Study design 
p.000011:  11 
p.000011:  Comparison groups 
p.000012:  12 
p.000012:  Best intervention standard 
p.000012:  12 
p.000012:  Equipoise standard 
p.000013:  13 
p.000013:  Use of a placebo 
p.000013:  13 
p.000013:  Inclusion and exclusion of participants 
p.000014:  14 
p.000014:  Vulnerable people 
p.000014:  14 
p.000014:  Skills and resources 
p.000015:  15 
p.000015:  Study protocol 
p.000016:  16 
p.000016:  Registering studies 
p.000016:  16 
p.000016:  Study locality 
p.000017:  17 
p.000017:  Studies with distinctive features 
p.000017:  17 
p.000017:  Collective consultation 
p.000019:  19 
p.000019:   
p.000019:   
p.000019:   
p.000019:   
p.000019:  Ethical Guidelines for Intervention Studies     vii 
p.000019:   
p.000019:  6     Study processes                                                                                     20 
p.000019:  Recruitment of participants 
p.000020:  20 
p.000020:  Free and informed consent 
p.000020:  20 
p.000020:  Features of informed consent 
p.000022:  22 
p.000022:  Non-consensual studies 
p.000024:  24 
p.000024:  Study conduct 
p.000025:  25 
p.000025:  Payments to participants 
p.000025:  25 
p.000025:  Study monitoring and adverse event reporting 
p.000026:  26 
p.000026:  Monitoring arrangements 
p.000027:  27 
p.000027:  Data monitoring committee 
p.000028:  28 
p.000028:  The independence of the data monitoring committee 
p.000028:  28 
p.000028:  Adverse event monitoring 
p.000031:  31 
p.000031:  Responsibilities for monitoring adverse events 
p.000031:  31 
p.000031:  Terminating a study 
p.000032:  32 
p.000032:  Care of participants 
p.000032:  32 
p.000032:  Clinical responsibilities 
p.000032:  32 
p.000032:  7     Confidentiality, disclosure and publication of results                              34 
p.000032:  Disclosure of information obtained by intervention studies 
p.000035:  35 
p.000035:  Publishing study results 
p.000036:  36 
p.000036:  8     Compensation for injury                                                                          38 
p.000036:  Glossary                                                                                                         39 
p.000036:  Appendices 
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
p.000062:  4.4         Respect for people, and for their rights, incorporates at least two fundamental principles. 
p.000062:  (a)     Respect for autonomy requires that those who are capable of deliberation about their personal goals should be 
p.000062:  treated with respect for their capacity for self – determination. This may apply on an individual or collective basis. 
p.000062:  (b)     Protection of people, particularly those with impaired or diminished autonomy, requires that those who are 
p.000062:  dependent or vulnerable be afforded security against harm. (See also the Code of Rights, Right 7(2) and (3); and 
p.000062:  ‘Vulnerable people’, paragraphs 5.28–5.35.) 
p.000062:   
p.000062:   
p.000062:  Justice 
p.000062:   
p.000062:  4.5         Justice requires that, within a population, there is a fair distribution of the benefits and burdens of 
p.000062:  participation in a study and, for any participant, a balance of burdens and benefits. Accordingly, investigators must: 
p.000062:  (a)     avoid imposing on particular groups an unfair burden of participation in intervention studies (eg, vulnerable 
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
p.000062:  participation and protection implicit in the Treaty should be respected by all researchers, and, where applicable, 
p.000062:  should be incorporated into all health research proposals (HRC 2005b). The principles can be explained as follows: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  8     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    partnership: working together with iwi, hapū, whānau and Māori communities to ensure Māori individual and 
p.000062:  collective rights are respected and protected in order to achieve health gain 
p.000062:  •    participation: involving Māori in the design, governance, management, implementation and analysis of research, 
p.000062:  particularly research involving Māori 
p.000062:  •    protection: actively protecting Māori individual and collective rights, and Māori data, cultural concepts, norms, 
p.000062:  practices and language in the research process. 
p.000062:   
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     13 
p.000062:   
p.000062:  5.24       When a placebo control is used, the investigator should ensure that each participant is fully informed 
p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
p.000062:  •    Intervention studies should be conducted only if the risk to vulnerable people is at an acceptable minimum. (See 
p.000062:  also paragraph 5.35 below.) 
p.000062:  •    Study participation should be a matter of free and informed decision-making by study participants wherever 
p.000062:  possible. (See also the Code of Rights, Right 7(2) and (3); and the guidance referred to in paragraph 5.35 below.) 
p.000062:   
p.000062:  5.31       The interests of vulnerable individuals must be protected, and these individuals must not be exploited for 
p.000062:  the advancement of knowledge. Adherence to this principle is especially important if any of the interventions being 
p.000062:  studied are invasive. 
p.000062:   
p.000062:  5.32       When a vulnerable person is competent to decide on participation in a study for himself or herself, that 
p.000062:  person’s decision should be respected. Even when a vulnerable person is competent to decide her or his own study 
p.000062:  participation, it is often appropriate to notify and seek advice from a person or persons with knowledge of, or 
p.000062:  responsibilities for, that vulnerable person. (See also ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.33       Where a study involving vulnerable people is conducted, additional support (often in the form of extra time, 
p.000062:  resources – such as modified information sheets or means of information delivery – and assistance) might need to be 
p.000062:  provided to ensure that such people can participate fully. 
p.000062:   
p.000062:  5.34       If the competence of a vulnerable person to decide her or his own study participation is unclear, it may be 
p.000062:  appropriate for an investigator to seek both the informed consent of that person and the informed agreement of another 
p.000062:  person who is interested in, or has responsibilities for, that person’s welfare. (See also ‘Non-consensual studies’, 
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
...
           
p.000062:  •    explain the rights of participants, covering: 
p.000062:  –    the voluntary nature of participation, including that they are free to decline to participate or to withdraw from 
p.000062:  the research at any practicable time, without experiencing any disadvantage 
p.000062:  –    the fact that participants have the right to access information about themselves collected as part of the study 
p.000062:  –    the fact that participants will be told of any new information about adverse or beneficial effects related to the 
p.000062:  study that becomes available during the study that may have an impact on their health 
p.000062:  –    what provision will be made for the privacy and confidentiality of individuals 
p.000062:  •    describe what will happen after the study, covering: 
p.000062:  –    whether any study intervention will be available to participants after the study and, if so, under what conditions 
p.000062:  (including any cost to them) 
p.000062:  –    how study data will be stored and for how long, whether the data will be retained for possible future use, who 
p.000062:  will be responsible for their secure storage and how they will be destroyed 
p.000062:  –    whether any biological specimens collected during the research will be destroyed at its conclusion and, if not, 
p.000062:  details of their storage and possible future use 
p.000062:  –    how the study findings will be communicated on completion of the study, including to participants, and in what 
p.000062:  expected timeframe. 
p.000062:   
p.000062:  6.23       Paragraph 6.22 is subject to the principles stated in ‘Free and informed consent – General principles’, 
p.000062:  paragraphs 6.6–6.21, and ‘Vulnerable people’, paragraphs 5.28– 
p.000062:  5.35. For a pro forma consent form, see the Application Form for Health and Disability Ethics Committees. For an 
p.000062:  example of an information sheet, see the WHO consent form templates 
p.000062:  (www.who.int/rpc/research_ethics/informed_consent/en). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     23 
p.000062:   
p.000062:  Non-consensual studies 
p.000062:  6.24       Some people who have diminished competence or no competence at the time a study is conducted (eg, potential 
p.000062:  participants in a study of the care provided in an intensive care unit after major elective procedures) may be 
p.000062:  competent to make decisions about study participation at an earlier time. In such cases investigators should make all 
p.000062:  reasonable efforts to obtain prior consent to participate by the person, and to identify any prior consent or refusal 
p.000062:  to participate by the person, and should give effect to any such prior decision. (See also the Code of Rights, Right 
p.000062:  7(5) and clause 4 and the Health and Disability Commissioner Act 1994, section 2, definition of ‘health care 
p.000062:  procedure’.) 
p.000062:   
p.000062:  6.25       People who have diminished competence to make decisions about their participation in a study are entitled to 
...
           
p.000062:  interest in relation to the study being monitored, whether financial, intellectual, professional or regulatory in 
p.000062:  nature. 
p.000062:   
p.000062:  6.54       For studies with an independent DMC, that DMC should ideally be the only party to whom the data analysis 
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
p.000062:  •    where studies are carried out in emergency settings (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.57       In settings other than those stated in paragraphs 6.55–6.56, some aspects of the oversight provided by a DMC 
p.000062:  may still be valuable, and could be carried out by a group that is not fully independent of the study, sometimes termed 
p.000062:  an ‘internal’ DMC (Ellenberg et al 2003: 157–8). An internal DMC can significantly improve patient safety and trial 
p.000062:  integrity through regular meetings to review data on study conduct and relative efficacy and safety. Its membership 
p.000062:  should be multidisciplinary, and may include the principal (clinical) investigator for the study and the study 
p.000062:  statistician. 
p.000062:   
p.000062:  6.58       The table below gives an indication of the most appropriate form of DMC monitoring for an intervention study 
p.000062:  (Ellenberg et al 2003: 160). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     29 
p.000062:   
p.000062:  Appropriate form of DMC monitoring 
p.000062:  Type of setting1                                  Imperatives                                  Need for DMC 
p.000062:  Ethical integrity    Credibility     Independent DMC   Internal DMC 
p.000062:  Setting 1 
p.000062:  Randomised trials (phases IIb, III, IV)   Yes                        Yes                 Yes 
p.000062:  – Randomised trials (phases I, IIa)         Yes                        Likely              Maybe 
p.000062:  Likely2 Non-randomised trials                          Yes                        Maybe            Unlikely 
p.000062:  Likely2 Setting 2 
p.000062:  Randomised (any phase trial)              Unlikely                  Likely              Unlikely3 
p.000062:  Maybe2 Non-randomised                                   Unlikely                  Unlikely          No 
p.000062:  Unlikely 
p.000062:  1    Setting 1 includes: life-threatening diseases (treatment, palliation and prevention); diseases causing 
p.000062:  irreversible serious morbidity (treatment, palliation and prevention); novel treatments for life-threatening diseases 
p.000062:  (treatment, palliation and prevention) with potential for significant adverse events; and vulnerable populations. 
p.000062:  Setting 2 includes trials not included in setting 1. 
p.000062:  2    An internal DMC would be advised if an independent DMC is not established. 
p.000062:  3    Integrity/credibility issues could motivate use of an independent DMC; for example, if a trial in this setting 
p.000062:  were to impose interim monitoring of comparative data. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  30   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Adverse event monitoring 
p.000062:  6.59       Key terms relating to adverse event monitoring are defined in the box below. 
p.000062:   
p.000062:  Term                                Definition 
p.000062:  Adverse event (AE)          Any untoward medical occurrence in a patient administered a study product and which does 
p.000062:  not necessarily have a causal relationship with this product 
p.000062:  Adverse drug reaction      Any untoward and unintended response in a subject to an intervention that is related to any 
p.000062:  dose administered to that subject 
p.000062:   
p.000062:  Unexpected adverse reaction 
p.000062:   
p.000062:   
p.000062:  Serious adverse event (SAE), serious adverse drug reaction or unexpected serious adverse reaction 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Suspected unexpected serious adverse reaction (SUSAR) 
p.000062:  Source: MHRA 2009 
...
           
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
p.000062:  participate in research for which alternative, not similarly burdened, populations of participants exist. 
p.000062:   
p.000062:  Nevertheless, it may often be necessary to involve consumers with a terminal illness in research concerning their 
p.000062:  disease and its treatment. Further, consumers with a terminal illness should not be excluded, simply because of their 
p.000062:  status, from research in which they may want to participate. Individuals with a terminal illness are a vulnerable 
p.000062:  population of research participants, and therefore require additional protection against coercion and undue influence. 
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
...
           
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Does the proposed consent process provide mechanisms for determining the adequacy of prospective participants’ 
p.000062:  comprehension and recall? 
p.000062:  •    How will participants’ competence to consent be determined? 
p.000062:  •    Will the research take place in an institutional setting? Has the possibility of coercion and undue influence been 
p.000062:  sufficiently minimised? 
p.000062:  •    If older people have been excluded from the research, are the reasons valid? 
p.000062:  •    Does the research methodology make adequate provision for older people (and others) with hearing and/or vision 
p.000062:  problems or with difficulty in communicating (eg, due to stroke, multiple sclerosis or Parkinsonism)? 
p.000062:   
p.000062:   
p.000062:  Research involving specific categories of healthy participants 
p.000062:   
p.000062:  Students 
p.000062:  Universities provide investigators with a ready pool of research participants: students. The problem with student 
p.000062:  participation in research conducted at the university is the possibility that their agreement to participate will not 
p.000062:  be freely given. Students may volunteer to participate out of a belief that doing so will place them in good favour 
p.000062:  with academic staff (for example, that participating will result in receiving better grades, recommendations or 
p.000062:  employment, or the like), or that failure to participate will negatively affect their relationship with the 
p.000062:  investigator or faculty generally. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     59 
p.000062:   
p.000062:  Prohibiting all student participation in research, however, would be an over-protective reaction. An alternative way to 
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
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p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
...
           
p.000062:  •    Participants are not exposed to increased risk of harm. 
p.000062:  •    The extent of deception or concealment is defined in the study protocol. 
p.000062:  •    Adequate and prompt disclosure is made, and debriefing is provided, as soon as appropriate and practicable. 
p.000062:  •    Participants are entitled to require the withdrawal of study data that were obtained from them without their 
p.000062:  knowledge or consent. 
p.000062:  •    The deception or concealment will not compromise the relationship between the community and the investigators or 
p.000062:  research. 
p.000062:  •    The investigator justifies the deception or concealment to an ethics committee. 
p.000062:   
p.000062:  Payments to participants 
p.000062:  6.32       Payments or inducements for study participants can normally be ethically acceptable only if the study would 
p.000062:  be ethically acceptable in the absence of the inducement. Investigators may seek to create legitimate motivation for 
p.000062:  participation in studies, but may not exert undue influence by offering inappropriate inducements. 
p.000062:   
p.000062:  6.33       Inducement can take many forms. For example, it can occur directly or indirectly through financial or other 
p.000062:  recognition, or offers of treatment that would otherwise not be available. Inducement can be in the form of the 
p.000062:  influence and status of the health professional or investigator. As a result there is potential for inducement to 
p.000062:  exploit the vulnerability of individuals and to be inappropriate. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     25 
p.000062:   
p.000062:  6.34       Appropriate payment may include: 
p.000062:  •    reimbursement of the incurred expenses of participants (eg, travel costs) 
p.000062:  •    payment in recognition of time, inconvenience and/or discomfort for participants, especially in phase I trials 
p.000062:  •    free health services 
p.000062:  •    koha that accords with the cultural norms of the study participants (it is generally not appropriate to discuss 
p.000062:  koha prior to agreement to participate). 
p.000062:  (In Māori tradition, koha is a gift presented by visitors as part of a welcoming ceremony. However, contemporary 
p.000062:  meanings include a gift or donation in response to some good provided, such as participation in research.) 
p.000062:   
p.000062:  6.35       Payments or free health services should not be of such value that they induce prospective participants to 
p.000062:  consent against their better judgement. Risks involved in participation should be acceptable to participants even in 
p.000062:  the absence of any inducement. 
p.000062:   
p.000062:  6.36       All payments, reimbursements and health services provided to study participants must be disclosed to an 
p.000062:  ethics committee. 
p.000062:   
p.000062:  6.37       When payments are used, it should be stated at the outset of the study if withdrawal on health grounds or 
p.000062:  for any other reason, or wilful non-adherence to the study protocol, will affect any payments and, if so, what the 
p.000062:  effect will be. 
p.000062:   
p.000062:   
...
           
p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
p.000062:  Appendix 2: Research papers 
p.000062:  Note: This appendix derives from the Ministry of Health’s 2006 Operational Standard for Ethics Committees: Updated 
p.000062:  Edition (Wellington: Ministry of Health). 
p.000062:   
p.000062:   
p.000062:  Research involving children and young people 
p.000062:  This section presents the ethical guidelines developed by Nicola Peart and David Holdaway on health research with 
p.000062:  children and young people (for full references refer to the original article).1 For further information on issues 
p.000062:  relating to research with children, refer to the following publications. 
p.000062:  •    Peart N, Holdaway D. 1998. Legal and ethical issues of health research with children. 
p.000062:  Childrenz Issues 2: 42–6. 
p.000062:  •    Peart N. 2000. Health research with children: the New Zealand experience. Current Legal Issues 3: 421–39. 
p.000062:  •    Ministry of Health. 1999. Consent in Child and Youth Health: Information for practitioners. Wellington: Ministry 
p.000062:  of Health. 
p.000062:   
p.000062:  The special vulnerability of children makes consideration of involving them as research participants particularly 
p.000062:  important. To safeguard their interests and to protect them from harm, special ethical considerations should be in 
p.000062:  place for reviewing research with children. 
p.000062:   
p.000062:   
p.000062:  Principles 
p.000062:  These guidelines are based on six principles, based on the Guidelines of the Royal College of Paediatrics and Child 
p.000062:  Health 1999 and the European Convention for the Protection of Human Rights and Dignity of the Human Being with Regard 
p.000062:  to the Application of Biology and Medicine 1996. 
p.000062:  •    Research involving children is important for the benefit of all children and should be supported, encouraged and 
p.000062:  conducted in an ethical manner. 
p.000062:  •    Children are not small adults; they have their own unique set of interests. 
p.000062:  •    Research should only be done with children if comparable research with adults could not answer the same question 
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
p.000062:  •    A research procedure which is not intended directly to benefit the child participant is not necessarily unethical. 
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p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
...
Searching for indicator impaired:
(return to top)
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
p.000062:  4.4         Respect for people, and for their rights, incorporates at least two fundamental principles. 
p.000062:  (a)     Respect for autonomy requires that those who are capable of deliberation about their personal goals should be 
p.000062:  treated with respect for their capacity for self – determination. This may apply on an individual or collective basis. 
p.000062:  (b)     Protection of people, particularly those with impaired or diminished autonomy, requires that those who are 
p.000062:  dependent or vulnerable be afforded security against harm. (See also the Code of Rights, Right 7(2) and (3); and 
p.000062:  ‘Vulnerable people’, paragraphs 5.28–5.35.) 
p.000062:   
p.000062:   
p.000062:  Justice 
p.000062:   
p.000062:  4.5         Justice requires that, within a population, there is a fair distribution of the benefits and burdens of 
p.000062:  participation in a study and, for any participant, a balance of burdens and benefits. Accordingly, investigators must: 
p.000062:  (a)     avoid imposing on particular groups an unfair burden of participation in intervention studies (eg, vulnerable 
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
...
Searching for indicator impairment:
(return to top)
           
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Does the proposed consent process provide mechanisms for determining the adequacy of prospective participants’ 
p.000062:  comprehension and recall? 
p.000062:  •    How will participants’ competence to consent be determined? 
p.000062:  •    Will the research take place in an institutional setting? Has the possibility of coercion and undue influence been 
...
Health / Drug Usage
Searching for indicator drug:
(return to top)
           
p.000062:  Maybe2 Non-randomised                                   Unlikely                  Unlikely          No 
p.000062:  Unlikely 
p.000062:  1    Setting 1 includes: life-threatening diseases (treatment, palliation and prevention); diseases causing 
p.000062:  irreversible serious morbidity (treatment, palliation and prevention); novel treatments for life-threatening diseases 
p.000062:  (treatment, palliation and prevention) with potential for significant adverse events; and vulnerable populations. 
p.000062:  Setting 2 includes trials not included in setting 1. 
p.000062:  2    An internal DMC would be advised if an independent DMC is not established. 
p.000062:  3    Integrity/credibility issues could motivate use of an independent DMC; for example, if a trial in this setting 
p.000062:  were to impose interim monitoring of comparative data. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  30   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Adverse event monitoring 
p.000062:  6.59       Key terms relating to adverse event monitoring are defined in the box below. 
p.000062:   
p.000062:  Term                                Definition 
p.000062:  Adverse event (AE)          Any untoward medical occurrence in a patient administered a study product and which does 
p.000062:  not necessarily have a causal relationship with this product 
p.000062:  Adverse drug reaction      Any untoward and unintended response in a subject to an intervention that is related to any 
p.000062:  dose administered to that subject 
p.000062:   
p.000062:  Unexpected adverse reaction 
p.000062:   
p.000062:   
p.000062:  Serious adverse event (SAE), serious adverse drug reaction or unexpected serious adverse reaction 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Suspected unexpected serious adverse reaction (SUSAR) 
p.000062:  Source: MHRA 2009 
p.000062:  An adverse reaction, the nature and severity of which are not consistent with information about the intervention in the 
p.000062:  investigator’s brochure (or, for a product with marketing authorisation, in the summary of product characteristics for 
p.000062:  that product) 
p.000062:  An adverse event, adverse drug reaction, or unexpected adverse reaction, that: 
p.000062:  •     results in death, or 
p.000062:  •     is life-threatening, or 
p.000062:  •     requires inpatient hospitalisation or results in prolongation of existing hospitalisation, or 
p.000062:  •     results in persistent or significant disability or incapacity, or 
p.000062:  •     consists of a congenital anomaly or birth defect, or 
p.000062:  •     is a medically important event or reaction 
p.000062:  Any unexpected serious adverse reaction that is suspected to be related to the intervention under study 
p.000062:   
p.000062:   
p.000062:  Responsibilities for monitoring adverse events 
p.000062:   
p.000062:  6.60       The protocol and/or monitoring plan of any intervention study should state the processes and 
p.000062:  responsibilities for identifying, coding, analysing and reporting adverse events. Reliable interpretation of AEs 
p.000062:  requires coding according to body system and severity (eg, using the Medical Dictionary for Regulatory Activities 
p.000062:  (MedDRA 2009) or Common Terminology Criteria for Adverse Events (CTEP 2009)) and comparison of grouped data across 
p.000062:  intervention arms (with consideration of the benefit and risk profile). An independent DMC is best placed to reliably 
p.000062:  interpret such safety data. 
p.000062:   
p.000062:  6.61       Prompt reporting of serious adverse events is especially important for SUSARs (see paragraph 6.59). 
p.000062:   
p.000062:  6.62       A mechanism should be in place for responding to any potential safety concerns. In general, reliable 
p.000062:  interpretation of the safety signals would require an interim report on safety and efficacy, in a form unblinded by 
...
           
p.000062:  •    an approved ethics committee approved the trial, and was satisfied that the trial was to be conducted principally 
p.000062:  for the benefit of the manufacturer or distributor of the medicine or item being trialled. 
p.000062:   
p.000062:  8.3         Investigators and sponsors should ensure that the extent of each participant’s compensation entitlements in 
p.000062:  the event of adverse consequences arising out of their participation in an intervention study are outlined clearly to 
p.000062:  him/her as part of the informed consent process. Where personal injury suffered as a result of treatment given as part 
p.000062:  of a clinical trial is covered under the accident compensation scheme, participants must be advised that compensation 
p.000062:  may not be available, or may be modest. 
p.000062:   
p.000062:  8.4         If cover under the Accident Compensation Act 2001 will be excluded for the intervention study, 
p.000062:  investigators and study sponsors have responsibilities to ensure alternative compensation cover for study participants 
p.000062:  to at least ACC-equivalent standard. This may include earnings-related compensation. 
p.000062:   
p.000062:  8.5         HDECs have a responsibility to check that at least ACC-equivalent compensation is available to participants 
p.000062:  in clinical trials that are not covered by the accident compensation scheme. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  38   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Glossary 
p.000062:  Adverse drug reaction: any untoward and unintended response in a subject to an intervention which is related to any 
p.000062:  dose administered to that subject (MHRA 2009). 
p.000062:  Adverse event: any untoward medical occurrence in a patient administered a study product and which does not necessarily 
p.000062:  have a causal relationship with that product (MHRA 2009). 
p.000062:  Bias: the tendency of a measurement or a statistic to deviate from the true value of the measure or statistic (Brownson 
p.000062:  and Petitti 1998: 50). 
p.000062:  Bioavailability study: a study examining the rate and extent at which a drug, when administered in a pharmaceutical 
p.000062:  dosage form, becomes available, either at the site of pharmacological effect or systemically within the body (Chow 
p.000062:  2003: 83). 
p.000062:  Bioequivalence study: a study aiming to show that the bioavailability of one formulation of a drug is equivalent to 
p.000062:  another formulation of the same drug (Chow 2003: 83). 
p.000062:  CIOMS guidelines: the Council for International Organizations of Medical Sciences International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002). 
p.000062:  Clinical trial: any research study that prospectively assigns human participants or groups of humans to one or more 
p.000062:  health-related interventions to evaluate effects on health outcomes. Clinical trials may also be referred to as 
p.000062:  interventional trials. Interventions include but are not restricted to drugs, cells and other biological products, 
p.000062:  surgical procedures, radiologic procedures, devices, behavioural treatments, process- of-care changes and preventive 
p.000062:  care, etc. This definition includes Phase I to Phase IV trials (WHO 2009). 
p.000062:  Code of Rights: the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) 
p.000062:  Regulations 1996, issued under the Health and Disability Commissioner Act 1994, section 7. 
p.000062:  Community intervention study (or cluster intervention study): a study in which interventions are allocated primarily to 
p.000062:  whole communities or to groups (such as schools, households or groups of patients), other communities serving as 
p.000062:  comparison. For example, such a study might focus on a mass media campaign to prevent smoking in young people, or a 
p.000062:  school-based programme of antibiotic treatment of throat infections to prevent rheumatic fever, or a new model of care. 
...
           
p.000062:  Intervention study: a study in which the investigator controls and studies an intervention(s) provided to participants 
p.000062:  for the purpose of adding to knowledge of the health effects of that intervention(s). The term ‘intervention study’ is 
p.000062:  often used interchangeably with ‘experimental study’. Many intervention studies are clinical trials. 
p.000062:  Investigator: any qualified individual who may be involved in the study design and who conducts all or part of an 
p.000062:  investigation. 
p.000062:  Non-consensual study: a study conducted without the consent of its participants. 
p.000062:  Non-therapeutic study: a study that examines interventions that do not hold the prospect of direct diagnostic, 
p.000062:  therapeutic or preventive benefit to the individual study participant. Types of non-therapeutic studies include some 
p.000062:  Phase I trials, bioequivalence studies and bioavailability studies. 
p.000062:  Phase I study: a study involving the initial administration of a new investigational intervention into humans. Although 
p.000062:  human pharmacology studies are typically identified as Phase I, they may also be later phase studies. Phase I studies 
p.000062:  usually have non-therapeutic objectives, and may be conducted in healthy volunteer subjects, or in patients with a 
p.000062:  specific disease (particularly in the case of studies of cytotoxic drugs). Studies in this phase can be open or 
p.000062:  baseline controlled, or may use randomisation with blinding to improve the validity of observations. Studies conducted 
p.000062:  in Phase I typically involve one or a combination of: estimation of initial safety and tolerability, pharmacokinetics, 
p.000062:  assessment of pharmacodynamics and early measurement of drug activity (ICH 1997: 6–7). 
p.000062:  Phase II study: a study usually considered to start exploring the therapeutic efficacy of an intervention in patients. 
p.000062:  Initial therapeutic exploratory studies use a variety of study designs, including concurrent controls and comparisons 
p.000062:  with baseline status. Subsequent Phase II studies are usually randomised, and use concurrent controls to evaluate the 
p.000062:  efficacy of an intervention and its safety for a particular therapeutic indication. Studies in Phase II are usually 
p.000062:  conducted in a group of patients who are selected by relatively narrow criteria, leading to a relatively homogeneous 
p.000062:  population that is closely monitored. One important goal for this phase is to determine the dose(s) and regimen for 
p.000062:  Phase III studies. Additional objectives may include evaluation of potential study end-points, therapeutic regimens 
p.000062:  (including concomitant medications) and target populations (eg, mild versus severe disease) for further study in Phase 
p.000062:  II or III (ICH 1997: 7). 
p.000062:  Phase II studies are sometimes further categorised as Phase IIa studies, where the focus is on assessing dose 
p.000062:  requirements, or Phase IIb studies, which are designed to evaluate efficacy. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  40   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Phase III study: a study with the primary objective of demonstrating or confirming therapeutic benefit. Phase III 
p.000062:  studies are designed to confirm the preliminary evidence accumulated in Phase II that an intervention is safe and 
p.000062:  effective for the intended indication and recipient population. Studies in Phase III may also further explore the 
p.000062:  dose–response relationship, or investigate the intervention’s use in wider populations, in different stages of disease 
p.000062:  or in combination with another intervention. For interventions intended to be administered for long periods, studies 
p.000062:  involving extended exposure to the intervention are usually conducted in Phase III, although they may be started in 
p.000062:  Phase II (ICH 1997: 7). 
p.000062:  Phase IV study: a study (other than routine surveillance) performed after an intervention’s approval, related to the 
p.000062:  approved indication. Phase IV studies are studies that were not considered necessary for approval but can be important 
p.000062:  for optimising the intervention’s use. They may be of any type of study design, but should have valid scientific 
p.000062:  objectives. Studies in this phase commonly examine additional drug–drug interaction or the dose–response relationship 
p.000062:  or safety, or investigate use under the approved indication, such as mortality/morbidity studies and epidemiological 
p.000062:  studies (ICH 1997: 8). 
p.000062:  Placebo: an inactive or ‘dummy’ intervention used in some studies to help assess the comparative safety and 
p.000062:  effectiveness of an active intervention. Using a placebo assists blinding, as participants (and, in some studies, 
p.000062:  investigators) are unaware to which group each participant has been allocated. 
p.000062:  Principal investigator: the qualified health professional or qualified researcher with primary responsibility for the 
p.000062:  design and conduct of a particular investigation (referred to as a ‘co-ordinating investigator’ in the SOPs for HDECs). 
p.000062:  PPPR Act 1988: the Protection of Personal and Property Rights Act 1988. 
p.000062:  Protocol: a protocol document describes the objective(s), design, methodology, statistical considerations and 
p.000062:  organisation of a trial. The protocol often gives the background and rationale for the trial, but these could be 
p.000062:  provided in other documents referenced by the protocol (ICH 1996: 6). 
p.000062:  Randomised controlled trial: the general term for a study in which participants are randomly assigned to intervention 
p.000062:  and control groups to receive or not receive a diagnostic, preventive or therapeutic  intervention. Findings in such a 
p.000062:  study are assessed by comparing rates of disease, death, recovery or other appropriate end-points in the intervention 
p.000062:  and control groups. 
p.000062:  Serious adverse drug reaction: an adverse drug reaction that results in death, or is life-threatening, or requires 
p.000062:  inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  Serious adverse event: an adverse event that results in death, or is life-threatening, or requires inpatient 
p.000062:  hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or significant 
p.000062:  disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important event or 
p.000062:  reaction (MHRA 2009). 
p.000062:  SOPs: standard operating procedures for HDECs. 
p.000062:  Sponsor: any individual, company, institution or organisation that has responsibility for the initiation, management 
p.000062:  and/or financing of a clinical trial (ICH 1996: 7). 
p.000062:  Standing Committee on Therapeutic Trials (SCOTT): a committee of the Health Research Council, responsible under the 
p.000062:  Medicines Act 1981, section 30 (HRC 2005b) for assessing the scientific validity and safety of clinical trials. 
p.000062:  Study: in this context, an intervention study, unless otherwise specified. 
p.000062:  Suspected unexpected serious adverse reaction (SUSAR): any unexpected serious adverse reaction that is suspected to be 
p.000062:  related to an intervention under study (MHRA 2009). 
p.000062:  Therapeutic study: a study that examines interventions that hold the prospect of direct diagnostic, therapeutic or 
...
           
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
...
           
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
...
           
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
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p.000003:  example of an intervention study. Through intervention studies, investigators can exercise the sort of critical 
p.000003:  thinking, innovation and evidence-based development of practice that improves patient care. This means that 
p.000003:  high-quality intervention studies are good for patient care. 
p.000003:   
p.000003:  For participants in an intervention study, the overall benefits and risks of the intervention being studied are 
p.000003:  uncertain. Most studies evaluate novel interventions that are thought likely to be improvements over current practice, 
p.000003:  but a study participant may or may not benefit from the intervention. There is also the potential for harm. It is 
p.000003:  therefore essential that intervention studies be ethically sound. One aspect of this involves weighing risks and 
p.000003:  benefits. Studies must also be scientifically sound, so that the results can reliably guide future health care. 
p.000003:   
p.000003:  In general, intervention studies involve higher risk than other kinds of studies. One reason for this is that two 
p.000003:  different roles and motivations are involved. A clinician wishes to provide the best care and an investigator wishes to 
p.000003:  add to knowledge, so; for the clinician-investigator there is some potential for conflict between these two roles. 
p.000003:  Another reason for the higher risk is that in intervention studies the investigator controls, and in many cases alters, 
p.000003:  the interventions that study participants receive, and this has the potential for both benefit and harm. 
p.000003:   
p.000003:  There is also greater potential for commercial influence in some intervention studies than in other sorts of study, 
p.000003:  with consequently greater potential for conflict between commercial interests and the interests of the participants and 
p.000003:  the public. Any potential conflict of interest for the investigators and/or sponsors of the study needs to be declared 
p.000003:  and steps taken to ensure possible conflicts do not undermine the ethical or scientific integrity of the study. There 
p.000003:  is a particular need to pay attention to non-therapeutic intervention studies, in which participants receive 
p.000003:  interventions that are not intended to benefit them. 
p.000003:   
p.000003:  These Ethical Guidelines for Intervention Studies (the Guidelines) aim to contribute to better health outcomes and 
p.000003:  reduced health inequalities for New Zealanders by assisting researchers to perform sound intervention studies. They aim 
p.000003:  to help investigators to think through and take responsibility for the ethical issues in their studies. The Guidelines 
p.000003:  may also be useful for training potential investigators. They bring together in one document, and build on, the best 
p.000003:  current national and international guidance on intervention studies. Some technical language is used, and this is 
p.000003:  defined in the Glossary at the end of the Guidelines. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  iv    Ethical Guidelines for Intervention Studies 
p.000003:   
p.000003:  In producing these Guidelines, the National Ethics Advisory Committee has undertaken a thorough and inclusive process. 
p.000003:  This has included discussion with key informants, public consultation, consultation with key stakeholders and multiple 
...
           
p.000062:   
p.000062:  5.2         Investigators should develop clear study questions that identify the participant population, the 
p.000062:  intervention and the main outcome of interest. Normally the outcome(s) to be studied should be clinically significant. 
p.000062:   
p.000062:  5.3         Every study question should be based on a thorough review of the relevant literature. 
p.000062:   
p.000062:   
p.000062:  Study design 
p.000062:  5.4         The study design should be the one best suited to answer the study question, while minimising harm, 
p.000062:  maximising benefit and meeting other ethical standards. 
p.000062:   
p.000062:  5.5         Scientific soundness is ethically important. Projects without scientific merit needlessly expose 
p.000062:  participants to risk and misuse their time, and waste resources. 
p.000062:   
p.000062:  5.6         The intended number of participants in an intervention study should be sufficient to generate reliable 
p.000062:  study findings, and the consequent recruitment targets should be realistic. Statistical issues relating to trial 
p.000062:  design, sample size and analysis can be complex, and usually require expert advice. 
p.000062:   
p.000062:  5.7         The study protocol should contain an overview of the planned statistical analyses, and these planned 
p.000062:  analyses should be adhered to in conducting the study. 
p.000062:   
p.000062:  5.8         Assignment of participants to study groups is best done by randomisation. This process tends to make study 
p.000062:  groups reliably comparable and minimises biases, especially uncontrolled confounding. Quasi-randomised or non-random 
p.000062:  methods are generally less reliable in this regard because of their potential to allow other factors to influence the 
p.000062:  assignment of participants to study groups. Allocation concealment also improves study validity and design through 
p.000062:  preventing selection bias (see also ‘Features of intervention studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  5.9         Use of blinding is desirable in an intervention study design when it can be shown that it has 
p.000062:  methodological advantages and minimal risks (see also ‘Blinding’, paragraph 2.11). 
p.000062:   
p.000062:  5.10       Every effort should be made to ensure complete follow-up of all study participants. Incomplete follow-up 
p.000062:  means there is data missing from the study. This will be for non-random reasons and has the potential to compromise the 
p.000062:  reliability of the study findings (see also paragraph 6.20). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     11 
p.000062:   
p.000062:  5.11       Peer review of the scientific validity of a study’s protocols is beneficial, and is advised for all studies 
p.000062:  that pose more than minimal risk. Further advice about features of robust peer review is provided in Appendix 1. 
p.000062:   
p.000062:   
p.000062:  Comparison groups 
p.000062:   
p.000062:  5.12       Investigators should treat actual and potential study participants fairly, both in relation to one another 
p.000062:  and in relation to similarly placed non-participants. 
p.000062:   
p.000062:   
p.000062:  Best intervention standard 
p.000062:   
p.000062:  5.13       An intervention study meets the best intervention standard if the intervention(s) in the study are tested 
p.000062:  against the best proven intervention(s) available outside the study. In many settings there might be more than one 
p.000062:  intervention that is equivalent to the best, according to the current evidence. 
...
           
p.000062:   
p.000062:  6.31       When an investigator believes deception or concealment is scientifically justified, the following criteria 
p.000062:  apply. 
p.000062:  •    There are no suitable alternative methods. 
p.000062:  •    Participants are not exposed to increased risk of harm. 
p.000062:  •    The extent of deception or concealment is defined in the study protocol. 
p.000062:  •    Adequate and prompt disclosure is made, and debriefing is provided, as soon as appropriate and practicable. 
p.000062:  •    Participants are entitled to require the withdrawal of study data that were obtained from them without their 
p.000062:  knowledge or consent. 
p.000062:  •    The deception or concealment will not compromise the relationship between the community and the investigators or 
p.000062:  research. 
p.000062:  •    The investigator justifies the deception or concealment to an ethics committee. 
p.000062:   
p.000062:  Payments to participants 
p.000062:  6.32       Payments or inducements for study participants can normally be ethically acceptable only if the study would 
p.000062:  be ethically acceptable in the absence of the inducement. Investigators may seek to create legitimate motivation for 
p.000062:  participation in studies, but may not exert undue influence by offering inappropriate inducements. 
p.000062:   
p.000062:  6.33       Inducement can take many forms. For example, it can occur directly or indirectly through financial or other 
p.000062:  recognition, or offers of treatment that would otherwise not be available. Inducement can be in the form of the 
p.000062:  influence and status of the health professional or investigator. As a result there is potential for inducement to 
p.000062:  exploit the vulnerability of individuals and to be inappropriate. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     25 
p.000062:   
p.000062:  6.34       Appropriate payment may include: 
p.000062:  •    reimbursement of the incurred expenses of participants (eg, travel costs) 
p.000062:  •    payment in recognition of time, inconvenience and/or discomfort for participants, especially in phase I trials 
p.000062:  •    free health services 
p.000062:  •    koha that accords with the cultural norms of the study participants (it is generally not appropriate to discuss 
p.000062:  koha prior to agreement to participate). 
p.000062:  (In Māori tradition, koha is a gift presented by visitors as part of a welcoming ceremony. However, contemporary 
p.000062:  meanings include a gift or donation in response to some good provided, such as participation in research.) 
p.000062:   
p.000062:  6.35       Payments or free health services should not be of such value that they induce prospective participants to 
p.000062:  consent against their better judgement. Risks involved in participation should be acceptable to participants even in 
p.000062:  the absence of any inducement. 
p.000062:   
p.000062:  6.36       All payments, reimbursements and health services provided to study participants must be disclosed to an 
p.000062:  ethics committee. 
p.000062:   
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  28   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.53       An independent DMC should have its membership limited to individuals free of any significant conflict of 
p.000062:  interest in relation to the study being monitored, whether financial, intellectual, professional or regulatory in 
p.000062:  nature. 
p.000062:   
p.000062:  6.54       For studies with an independent DMC, that DMC should ideally be the only party to whom the data analysis 
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
p.000062:  •    where studies are carried out in emergency settings (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.57       In settings other than those stated in paragraphs 6.55–6.56, some aspects of the oversight provided by a DMC 
p.000062:  may still be valuable, and could be carried out by a group that is not fully independent of the study, sometimes termed 
p.000062:  an ‘internal’ DMC (Ellenberg et al 2003: 157–8). An internal DMC can significantly improve patient safety and trial 
p.000062:  integrity through regular meetings to review data on study conduct and relative efficacy and safety. Its membership 
p.000062:  should be multidisciplinary, and may include the principal (clinical) investigator for the study and the study 
p.000062:  statistician. 
p.000062:   
p.000062:  6.58       The table below gives an indication of the most appropriate form of DMC monitoring for an intervention study 
p.000062:  (Ellenberg et al 2003: 160). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     29 
p.000062:   
p.000062:  Appropriate form of DMC monitoring 
...
           
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
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p.000062:  verifiable scientific merit. Peer review of scientific validity may include consideration of cultural relevance and 
p.000062:  appropriateness. 
p.000062:  •    Peer review delivers an objective opinion: Those acting in the capacity of reviewers are charged with delivering a 
p.000062:  balanced and considered analysis of the research. Generally, the success of the peer review process is determined by 
p.000062:  the extent to which these evaluations can be considered free of bias, equitable and fair. Objectivity can be 
p.000062:  compromised if peer reviewers have conflicts of interest, and so appropriate peer reviewers typically will not be 
p.000062:  materially connected to the researcher(s) in a way that might undermine objectivity, and be free from either positive 
p.000062:  or negative inducements. 
p.000062:  •    A consensus opinion on scientific validity is formed: An HDEC will need to receive assurance that the peer review 
p.000062:  process has delivered support for the scientific validity of the proposed research. When a peer review process has 
p.000062:  engaged a range of experts, there needs to be a process that leads to a consensus opinion about the quality of the 
p.000062:  research. 
p.000062:  •    Intellectual capital in the research proposal is respected: A peer reviewer is in a privileged position through 
p.000062:  having access to the unexploited ideas and intellectual capital of the researcher. A peer review process should require 
p.000062:  that reviewers do not disclose the substance of any research proposal, unless there is explicit permission to do so. 
p.000062:   
p.000062:   
p.000062:  Limitations of peer review 
p.000062:  Peer reviewers typically are not privy to the operational details of a proposed research study. Research proposals 
p.000062:  usually will outline a methodology, but not explain its implementation in detail. For example, a proposal might state 
p.000062:  how many patients will be recruited, but will not necessarily explain how patients will be approached, how they might 
p.000062:  be compensated for participation, nor what information any participant information sheet might contain. Similarly, the 
p.000062:  detailed clinical trial protocols are not typically included in a peer review. (Detailed examination of a trial 
p.000062:  protocol is often undertaken by the independent data and safety monitoring committee associated with the trial.) Ethics 
p.000062:  committees should be aware that studies can be of satisfactory scientific quality as judged by peer review, but still 
p.000062:  pose ethical concerns because of how the research is to be operationalised. Necessarily, consideration of the safety of 
p.000062:  participants and researchers, and the balance of risk and benefit, by ethics committees is likely to involve scrutiny 
p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
p.000062:  Appendix 2: Research papers 
p.000062:  Note: This appendix derives from the Ministry of Health’s 2006 Operational Standard for Ethics Committees: Updated 
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Health / HIV/AIDS
Searching for indicator HIV:
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     33 
p.000062:   
p.000062:  7      Confidentiality, disclosure and publication of results 
p.000062:  7.1         The information collected or determined by a study must be used in a way that does not disadvantage any 
p.000062:  participant. 
p.000062:   
p.000062:  7.2         Investigators should make arrangements for protecting the confidentiality of study data. The data can be 
p.000062:  identified, potentially identifiable, partially de-identified, de-identified or anonymous. These terms are defined 
p.000062:  below. 
p.000062:  •    Identified data: Identified data allow a specific individual to be identified. Identifiers may include the 
p.000062:  individual’s name, date of birth or address. In particularly small sets of data even information such as a postcode may 
p.000062:  be an identifier. 
p.000062:  •    Potentially identifiable (key-coded, re-identifiable) data: Key coding is the technique of separating personally 
p.000062:  identified data from substantive data, maintaining a potential link by assigning an arbitrary code number to each 
p.000062:  data-identifier pair before splitting them. Held securely and separately, the key allows the re-associating of the 
p.000062:  substantive data with the identifiers, under specified conditions, if that is ever necessary (Lowrance 2002). Data may 
p.000062:  be single-coded, or double-coded if extra security is required. Data can also be potentially identifiable if it is 
p.000062:  possible to infer an individual’s identity from them. 
p.000062:  •    Partially de-identified (AIDS-type code) data: Data coded with abbreviated identifiers (for example, initials, 
p.000062:  date of birth, sex) are used for reporting AIDS, HIV and some other conditions. This allows re-identification by the 
p.000062:  clinician reporting, but is anonymous to the recipient, although duplicates can be linked. 
p.000062:  •    De-identified (not re-identifiable, anonymised, anonymous, unlinked) data: The process of de-identification can be 
p.000062:  irreversible if the identifiers have been removed permanently. These data are referred to as ‘de-identified' data. It 
p.000062:  should be recognised that the term ‘de-identified’ is used frequently in other documents to refer to sets of data from 
p.000062:  which only names have been removed; in fact such data may remain ‘potentially identifiable’. 
p.000062:  •    Anonymous data: Anonymous data have been collected without personal identifiers, and no personal identifier can be 
p.000062:  inferred from them. 
p.000062:   
p.000062:  7.3         Investigators must ensure the adequate physical and electronic security of data. 
p.000062:   
p.000062:  7.4         For studies involving the collection of information about illegal activities (eg, the use of illegal 
p.000062:  substances), potential participants should be made aware of whether investigators can or cannot ensure confidentiality. 
p.000062:   
p.000062:  7.5         In the unusual event that individual or group confidentiality cannot be maintained or is violated – for 
p.000062:  example where the researcher is legally or ethically obliged to disclose information to protect the safety of a 
p.000062:  participant or another person – investigators should take all reasonable steps to maintain or restore the good name and 
p.000062:  status of the individual(s) or group concerned. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  34   Ethical Guidelines for Intervention Studies 
...
           
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
p.000062:  individuals would like to take investigational drugs that may not be available except through limited, well-controlled 
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
...
           
p.000062:  participate in research. 
p.000062:   
p.000062:  In addition to problems of coercion and undue inducement, the involvement of inmates in research raises questions of 
p.000062:  burden and benefit. Inmates should neither bear an unfair share of the burden of participating in research, nor be 
p.000062:  excluded from its benefits, to the extent that voluntary participation is possible. 
p.000062:   
p.000062:  Inmates’ rights to self-determination (autonomy) should not be circumscribed more than required by applicable 
p.000062:  regulations. One should refrain from assuming, without cause, that prospective inmate-participants will lack the 
p.000062:  ability to make autonomous decisions whether to participate in research. To the extent that inmate-participants can 
p.000062:  voluntarily consent to participation, and to the extent allowable under applicable regulations, inmates should be 
p.000062:  allowed the opportunity to participate in potentially beneficial research. 
p.000062:   
p.000062:  Finally, confidentiality is extremely difficult to maintain in an environment such as prisons, in which there is no 
p.000062:  privacy. In prisons, people do not move about freely; the movements of inmates are carefully tracked. When inmates are 
p.000062:  moved around (for example, to go to a research appointment), everyone will know about it. Prison records, including 
p.000062:  medical records, are accessible to persons who in other settings would not have access to such personal information. 
p.000062:  Consider the inmate participating in HIV-related research. How will the sensitive nature of the research be kept 
p.000062:  secret? The investigator must be able to ensure that the necessary confidentiality can and will be maintained so that 
p.000062:  the participants are not subjected to any risk from participation. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     61 
p.000062:   
p.000062:  Appendix 3: The National Ethics Advisory Committee 
p.000062:  The National Ethics Advisory Committee – Kāhui Matatika o te Motu (NEAC) is an independent advisor to the Minister of 
p.000062:  Health on ethical issues of national significance concerning health and disability matters. NEAC’s statutory functions 
p.000062:  are to: 
p.000062:  •    advise the Minister of Health on ethical issues of national significance in respect of any health and disability 
p.000062:  matters (including research and services) 
p.000062:  •    determine nationally consistent ethical standards across the health sector and provide scrutiny for national 
p.000062:  health research and health services. 
p.000062:   
p.000062:  NEAC works in the context of the New Zealand Public Health and Disability Act 2000. The members of NEAC, appointed by 
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p.000062:  settings). 
p.000062:   
p.000062:   
p.000062:  Definition of ‘intervention study’ 
p.000062:   
p.000062:  Intervention study 
p.000062:   
p.000062:  2.4         An intervention study is a study in which the investigator controls and studies the intervention(s) 
p.000062:  provided to participants for the purpose of adding to knowledge of the health effects of the intervention(s). The term 
p.000062:  ‘intervention study’ is often used interchangeably with ‘experimental study’. Many intervention studies are clinical 
p.000062:  trials. 
p.000062:   
p.000062:   
p.000062:  Intervention 
p.000062:   
p.000062:  2.5         In an intervention study, an intervention may be, for example: 
p.000062:  •    preventive, diagnostic or therapeutic 
p.000062:  •    a new intervention (including medication, psychological treatment, health education, radiation therapy, a vaccine, 
p.000062:  a surgical device, or a surgical or other technique) 
p.000062:  •    an intervention established in practice but not adequately substantiated by scientific evidence 
p.000062:  •    an established intervention being used for a new purpose 
p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
p.000062:  intervention previously untested in humans to evaluate its safety. 
p.000062:   
p.000062:  2.6         Common types of intervention studies are explained in the Glossary. Not listed in the Glossary are emerging 
p.000062:  trial designs, for which specific ethical issues may arise. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        3 
p.000062:   
p.000062:  Features of intervention studies 
p.000062:   
p.000062:  Participants 
p.000062:   
p.000062:  2.7         The primary participants in most intervention studies are volunteers who have given their informed consent 
p.000062:  to participate. In some studies the primary participants are grouped in communities (eg, geographical communities or 
p.000062:  organisations such as schools). 
p.000062:   
p.000062:   
p.000062:  Study groups 
p.000062:   
p.000062:  2.8         To enable comparison of outcomes for participants, most intervention studies include a ‘control’ group and 
p.000062:  an ‘intervention’ group. The control group receives a standard or established intervention, a placebo or no 
p.000062:  intervention. The ‘intervention’ group receives the intervention that is being studied. In some studies a participant 
p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
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p.000062:  2.5         In an intervention study, an intervention may be, for example: 
p.000062:  •    preventive, diagnostic or therapeutic 
p.000062:  •    a new intervention (including medication, psychological treatment, health education, radiation therapy, a vaccine, 
p.000062:  a surgical device, or a surgical or other technique) 
p.000062:  •    an intervention established in practice but not adequately substantiated by scientific evidence 
p.000062:  •    an established intervention being used for a new purpose 
p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
p.000062:  intervention previously untested in humans to evaluate its safety. 
p.000062:   
p.000062:  2.6         Common types of intervention studies are explained in the Glossary. Not listed in the Glossary are emerging 
p.000062:  trial designs, for which specific ethical issues may arise. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        3 
p.000062:   
p.000062:  Features of intervention studies 
p.000062:   
p.000062:  Participants 
p.000062:   
p.000062:  2.7         The primary participants in most intervention studies are volunteers who have given their informed consent 
p.000062:  to participate. In some studies the primary participants are grouped in communities (eg, geographical communities or 
p.000062:  organisations such as schools). 
p.000062:   
p.000062:   
p.000062:  Study groups 
p.000062:   
p.000062:  2.8         To enable comparison of outcomes for participants, most intervention studies include a ‘control’ group and 
p.000062:  an ‘intervention’ group. The control group receives a standard or established intervention, a placebo or no 
p.000062:  intervention. The ‘intervention’ group receives the intervention that is being studied. In some studies a participant 
p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
...
           
p.000062:  participants. Types of non- therapeutic studies include some phase I studies (see also ‘Phase I studies’, paragraphs 
p.000062:  5.50–5.51), bioequivalence studies and bioavailability studies (see Glossary). 
p.000062:   
p.000062:  5.49       A non-therapeutic intervention study is justified only when the importance of the objective outweighs the 
p.000062:  inherent risks and burdens to the participant, and participants are well informed of the possible risks (see also 
p.000062:  ‘Non-consensual studies’, paragraphs 6.24–6.29). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     17 
p.000062:   
p.000062:  Phase I studies 
p.000062:   
p.000062:  5.50       Phase I studies test interventions in human populations, often for the first time (see Glossary). These 
p.000062:  interventions may already have established risk profiles from other studies in humans (eg, a new combination of two 
p.000062:  established agents where the potential interaction between them is in question rather than the tolerability of either 
p.000062:  used on its own). Some phase I studies are ‘first-in-human’ studies, where subjects are administered an intervention 
p.000062:  that has not previously been given to humans. In these circumstances  the investigators rely on pre-clinical data and, 
p.000062:  where available, previous human experience with similar interventions. Some first-in-human studies therefore may be of 
p.000062:  significantly higher risk to subjects. 
p.000062:   
p.000062:  5.51       Following a first-in-human phase I study in the United Kingdom where six volunteers required intensive care 
p.000062:  support due to severe adverse reactions, an independent report on these events was commissioned (Expert Scientific 
p.000062:  Group on Phase I Clinical Trials 2006). The report focused on the study of higher risk compounds such as those that may 
p.000062:  have a novel mechanism of action, a highly species-specific action, or that directed towards immune system targets. 
p.000062:  Although risk assessment of individual phase I studies in New Zealand is the role of regulatory bodies such as the 
p.000062:  Standing Committee on Therapeutic Trials (SCOTT), phase I study investigators should be familiar with the 
p.000062:  22 recommendations made in the Expert Scientific Group’s report (pp 6–11) in order to evaluate their capability to 
p.000062:  conduct the study in an ethically acceptable manner. These recommendations cover: 
p.000062:  •    pre-clinical and early clinical development 
p.000062:  •    the process of preparation and review of clinical trial applications, and early access to advice for both 
p.000062:  regulators and sponsors 
p.000062:  •    determining and administering initial doses in humans 
p.000062:  •    the clinical environment for first-in-human studies 
p.000062:  •    developing the skills and training to meet future needs. 
p.000062:   
p.000062:   
p.000062:  Community intervention studies 
p.000062:   
p.000062:  5.52       In a community intervention study, interventions are allocated primarily to whole communities or groups (see 
p.000062:  Glossary). Before undertaking a community intervention study the investigator must make every effort to ensure that: 
p.000062:  •    the study is responsive to the health needs and priorities of the population 
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p.000003:   
p.000003:   
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p.000003:   
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p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Ethical Guidelines for Intervention Studies: Revised edition 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
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p.000003:   
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p.000003:  July 2012 
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p.000003:   
p.000003:  Citation: National Ethics Advisory Committee. 2012. Ethical Guidelines for Intervention Studies: Revised edition. 
p.000003:  Wellington: Ministry of Health. 
p.000003:   
p.000003:  First published in November 2009, revised in 2012, by the Ministry of Health PO Box 5013, Wellington 6145, New Zealand 
p.000003:   
p.000003:  ISBN: 978-0-478-39360-6 (print) 
p.000003:  ISBN: 978-0-478-39361-3 (web) 
p.000003:  HP 5525 
p.000003:   
p.000003:  This document is available at www.neac.health.govt.nz 
p.000003:   
p.000003:  Foreword to the 2012 edition 
p.000003:  These Guidelines were first released in November 2009; the current document is a revision. The Health Committee’s 
p.000003:  inquiry into improving New Zealand’s environment to support innovation through clinical trials (June 2011) resulted in 
p.000003:  significant changes to the ethics review process, as reflected in the revised Standard Operating Procedures (SOPs) for 
p.000003:  Health and Disability Ethics Committees. 
p.000003:   
p.000003:  This 2012 revision aims to provide consistency with the SOPs. These Guidelines have been updated to remove process 
p.000003:  guidance, and ensure that policy previously included in the Operational Standard for Ethics Committees is now addressed 
p.000003:  by these Guidelines. The revision did not fundamentally change the existing ethical standards and principles set out in 
p.000003:  these Guidelines. 
p.000003:   
p.000003:  As previously, the Guidelines are directed primarily to investigators, who have the main ethical responsibility for 
p.000003:  good study conduct. But the Guidelines also continue to be directed to others with a role in health and disability 
p.000003:  research ethics – particularly the ethics committees that review studies against established ethical standards. The key 
p.000003:  objectives of developing national ethical guidelines are to: 
p.000003:  •    safeguard the rights and interests of participants in research and innovative practice 
p.000003:  •    promote high-quality ethical research for the social, cultural and economic wellbeing of society 
p.000003:  •    reflect the principles of the Treaty of Waitangi and protect Māori cultural interests, promote the wellbeing of 
p.000003:  Māori and ensure mechanisms for Māori participation in both research and ethical review 
p.000003:  •    foster awareness of ethical principles and practices among health care providers, researchers and the wider 
p.000003:  community 
p.000003:  •    give due consideration to local and national community views and perspectives on ethical review. 
p.000003:   
p.000003:  The 2012 revision was subject to a targeted consultation and the Committee is grateful to all who have contributed. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Victoria Hinson 
p.000003:  Chair, National Ethics Advisory Committee Kāhui Matatika o te Motu 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Ethical Guidelines for Intervention Studies       iii 
p.000003:   
p.000003:  Foreword to the 2009 edition 
...
           
p.000027:  Data monitoring committee 
p.000028:  28 
p.000028:  The independence of the data monitoring committee 
p.000028:  28 
p.000028:  Adverse event monitoring 
p.000031:  31 
p.000031:  Responsibilities for monitoring adverse events 
p.000031:  31 
p.000031:  Terminating a study 
p.000032:  32 
p.000032:  Care of participants 
p.000032:  32 
p.000032:  Clinical responsibilities 
p.000032:  32 
p.000032:  7     Confidentiality, disclosure and publication of results                              34 
p.000032:  Disclosure of information obtained by intervention studies 
p.000035:  35 
p.000035:  Publishing study results 
p.000036:  36 
p.000036:  8     Compensation for injury                                                                          38 
p.000036:  Glossary                                                                                                         39 
p.000036:  Appendices 
p.000036:  Appendix 1:       Joint Health Research Council and NEAC guidance on features of robust peer  review for assessing the 
p.000036:  scientific validity of research                                               43 
p.000036:  Appendix 2:       Research papers 
p.000046:  46 
p.000046:  Appendix 3:       The National Ethics Advisory Committee 
p.000062:  62 
p.000062:  References                                                                                                     64 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  viii  Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  1      Introduction 
p.000062:  1.1         These Ethical Guidelines for Intervention Studies (the Guidelines) are issued in accordance with the 
p.000062:  statutory function of the National Advisory Committee on Health and Disability Support Services Ethics (the National 
p.000062:  Ethics Advisory Committee – Kāhui Matatika o te Motu, or NEAC), under the New Zealand Public Health and Disability Act 
p.000062:  2000, section 16 to ‘determine nationally consistent ethical standards across the health sector’. 
p.000062:   
p.000062:  1.2         The Guidelines accord with the expectation stated in NEAC’s terms of reference that NEAC will: 
p.000062:  … develop and promote national ethical guidelines for health research … and innovative practice in an ethical manner 
p.000062:  and should establish parameters for, and provide guidance on, the ethical review of such types of health research (NEAC 
p.000062:  2008: 39–40). 
p.000062:   
p.000062:  1.3         The Guidelines constitute ethical standards for intervention studies, for the purposes of the Code of 
p.000062:  Health and Disability Services Consumers’ Rights 1996 (the Code of Rights), Right 4(2). 
p.000062:   
p.000062:  1.4         An intervention study may be a ‘clinical trial’ for the purposes of the Accident Compensation Act 2001, 
p.000062:  section 32. 
p.000062:   
p.000062:  1.5         An intervention study may be ‘medical or scientific experimentation’ or ‘medical treatment’ for the 
p.000062:  purposes of the New Zealand Bill of Rights Act 1990, sections 10–11. 
p.000062:   
p.000062:  1.6         Some intervention studies may be ‘human reproductive research’ for the purposes of the Human Assisted 
p.000062:  Reproductive Technology Act 2004 (the HART Act). The Guidelines may then constitute ‘applicable ethical standards’ for 
p.000062:  the purposes of the HART Act 2004, section 27(4). 
p.000062:   
p.000062:  1.7         The Guidelines are based on statements from New Zealand and international guidelines (see the References). 
p.000062:  They accord with key international guidance, including the World Medical Association Declaration of Helsinki: Ethical 
p.000062:  principles for medical research involving human subjects (WMA 2008), the International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002) and the ICH Harmonised Tripartite Guideline: Guideline for 
p.000062:  good clinical practice (ICH 1996). Researchers should be familiar with relevant sources of international and domestic 
p.000062:  ethical guidance materials (see the References). In the domestic context, researchers should also be aware of 
p.000062:  guidelines relating to research involving Māori, such as the Health Research Council’s Guidelines for Researchers on 
p.000062:  Health Research involving Māori, and NEAC’s resource document Māori Research Ethics: An overview (in press). 
p.000062:   
p.000062:  1.8         These Guidelines are written primarily for investigators conducting intervention studies. They are 
p.000062:  structured and ordered around ethical issues relating to the process of designing and conducting a study, from the 
p.000062:  beginning stages of developing a study question through to the communication of study results and post-study access to 
p.000062:  interventions. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        1 
p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
p.000062:  Disability Act 2000, section 11. The SOPs were created in 2012 in response to the Government response to a Select 
p.000062:  Committee inquiry into improving New Zealand’s environment to support innovation through clinical trials. They provide 
p.000062:  procedural guidance to HDECs and researchers, and set out the scope of HDEC review and information about how HDECs 
p.000062:  process applications. These Guidelines set the ethical standards that must be met or exceeded in all health and 
p.000062:  disability research, whether or not it requires HDEC review. The SOPs apply to intervention studies, but these 
p.000062:  Guidelines have precedence over the SOPs on any point of conflict relating to ethical standards and principles that 
p.000062:  must be met or exceeded in all health and disability research. 
p.000062:   
p.000062:  1.10       These Guidelines include references to legislation. It is the investigator’s responsibility to comply with 
p.000062:  all relevant legal requirements, including those set out in the: 
p.000062:  •    Accident Compensation Act 2001 
p.000062:  •    Care of Children Act 2004 
p.000062:  •    New Zealand Bill of Rights Act 1990 
p.000062:  •    Protection of Personal and Property Rights Act 1988 
p.000062:  •    Health and Disability Commissioner Act 1994 
p.000062:  •    Health Practitioners Competence Assurance Act 2003 
p.000062:  •    Code of Rights 
p.000062:  •    Privacy Act 1993 
p.000062:  •    Health Information Privacy Code 1994 
p.000062:  •    Human Tissue Act 1998 (particularly sections 9, 14, 19, 21, 22, 24 and 31). 
p.000062:   
p.000062:  1.11       The Code of Rights is a regulation issued under the Health and Disability Commissioner Act 1994, section 74. 
p.000062:  It sets out 10 rights of health and disability services consumers, including those involved in research. Investigators 
p.000062:  conducting intervention studies  should be familiar with their responsibilities under the Code of Rights, and should 
p.000062:  consider their study in light of the rights of (proposed) participants. The Code of Rights is available on the Health 
p.000062:  and Disability Commissioner’s website (www.hdc.org.nz). Particular rights are referenced at relevant points throughout 
p.000062:  these Guidelines. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  2     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  2      Definitions and scope of the Guidelines 
p.000062:  2.1         These Guidelines are intended primarily to guide investigators conducting intervention studies, and to 
p.000062:  assist them to conduct high-quality studies. 
p.000062:   
p.000062:  2.2         Scientific matters that raise specific ethical issues are discussed in these Guidelines, but the Guidelines 
p.000062:  do not contain a complete description of all scientific issues relating to intervention studies. 
p.000062:   
p.000062:  2.3         The Guidelines are designed to apply to intervention studies in health or disability settings, but they may 
p.000062:  also be relevant to similar studies (eg, some studies of interventions in educational, sociological or psychological 
p.000062:  settings). 
p.000062:   
p.000062:   
p.000062:  Definition of ‘intervention study’ 
p.000062:   
p.000062:  Intervention study 
p.000062:   
p.000062:  2.4         An intervention study is a study in which the investigator controls and studies the intervention(s) 
p.000062:  provided to participants for the purpose of adding to knowledge of the health effects of the intervention(s). The term 
p.000062:  ‘intervention study’ is often used interchangeably with ‘experimental study’. Many intervention studies are clinical 
p.000062:  trials. 
p.000062:   
p.000062:   
p.000062:  Intervention 
p.000062:   
p.000062:  2.5         In an intervention study, an intervention may be, for example: 
p.000062:  •    preventive, diagnostic or therapeutic 
p.000062:  •    a new intervention (including medication, psychological treatment, health education, radiation therapy, a vaccine, 
p.000062:  a surgical device, or a surgical or other technique) 
p.000062:  •    an intervention established in practice but not adequately substantiated by scientific evidence 
p.000062:  •    an established intervention being used for a new purpose 
p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
...
           
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
p.000062:  Blinding prevents people involved in the study from knowing which intervention a participant has been allocated to. It 
p.000062:  is used in some intervention studies to minimise bias and maximise the reliability of study findings. In a single-blind 
p.000062:  study one group is blinded. Usually this group is the participants, who do not know which study group they have been 
p.000062:  allocated to. In a double – blind study two groups are blinded. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  4     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Usually these two groups are the participants and the investigator(s) administering the interventions: neither group 
p.000062:  knows which intervention the participants have been allocated to. Other groups that may be blinded include the outcome 
p.000062:  assessors, data analysts and those writing the study report. 
p.000062:   
p.000062:   
p.000062:  Scope of these Guidelines 
p.000062:  2.12       These Guidelines apply to intervention studies in New Zealand health and disability settings. Intervention 
p.000062:  studies differ from observational studies because, in the latter, the study investigator has no control over the study 
p.000062:  conditions and merely collects data. For guidance on observational studies, see the Ethical Guidelines for 
p.000062:  Observational Studies (NEAC 2012). 
p.000062:   
p.000062:  2.13       The Guidelines do not normally concern interventions in observational studies (eg, biopsies), where such 
p.000062:  interventions are carried out to obtain information rather than to study the effect of the intervention. 
p.000062:   
p.000062:  2.14       Intervention studies may involve the collection and use of human tissue. Specific guidance on the collection 
p.000062:  and use of human materials can be found in Guidelines on Ethics in Health Research (HRC 2005b). 
p.000062:   
p.000062:  2.15       All clinical research involving the manipulation of human genetic material must be approved by the Health 
p.000062:  Research Council’s Gene Technology Advisory Committee. See also: 
p.000062:  •    Guidelines for Using Cells from Established Human Embryonic Stem Cell Lines for Research (Ministry of Health 
p.000062:  2006a) 
p.000062:  •    Guidelines for the Use of Human Tissue for Future Unspecified Research Purposes 
p.000062:  (Ministry of Health 2007) 
p.000062:  •    the Human Tissue Act 2008 (in particular sections 9, 14, 19, 20, 21, 22, 24 and 31). 
p.000062:   
p.000062:  2.16       Some studies to evaluate health products are not intervention studies because their primary purpose is to 
p.000062:  study intervention presentation or marketing development, rather than health or disability outcomes. 
p.000062:   
p.000062:  2.17       There is an overlap between intervention studies and innovative practice. Innovative practice is practice 
p.000062:  that is a planned deviation from currently accepted practice. 
p.000062:   
p.000062:  2.18       The scope of these Guidelines includes innovative practice in the context of an intervention study. 
p.000062:   
p.000062:  2.19       When intending to use an innovative practice, health practitioners have an obligation to objectively 
p.000062:  evaluate its efficacy and safety. This is best done through an intervention study. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        5 
p.000062:   
p.000062:  3      Ethics of intervention studies 
p.000062:  3.1         This section concerns the worth of intervention studies, and responsibilities for their ethical review. 
p.000062:  Investigators are responsible for identifying and satisfactorily addressing ethical issues in their studies (see also 
p.000062:  section 4: ‘Underlying ethical considerations’). Where there is more than one investigator, the coordinating 
p.000062:  investigator has overall responsibility for the ethics of the study. 
p.000062:   
p.000062:  3.2         The greater the potential harm from a study, the closer the scrutiny that is required of the ethical issues 
p.000062:  raised. All intervention studies require ethics committee review. The ethics committee should assess whether the 
p.000062:  researcher has ensured that the study will meet established ethical standards. 
p.000062:   
p.000062:   
p.000062:  Worth of intervention studies 
p.000062:   
p.000062:  3.3         Intervention studies, especially randomised controlled trials, are often the best way of evaluating the 
p.000062:  worth of a treatment or a preventive intervention such as health promotion, screening or immunisation. They are 
p.000062:  valuable for this purpose. Without intervention studies, the quality of health care would advance more slowly, and 
p.000062:  opportunities to improve public health would be lost. For this reason, the ethical issues for these studies need to be 
p.000062:  widely understood and well addressed. 
p.000062:   
p.000062:  3.4         The potential benefits of intervention studies include: 
p.000062:  •    providing objective results that establish the safety, efficacy, effectiveness or cost- effectiveness of new and 
p.000062:  established interventions 
p.000062:  •    developing practitioners’ skills in critical thinking, innovation and evidence-based practice. 
p.000062:   
p.000062:  3.5         To make an optimal contribution, intervention studies must be of high scientific quality, and their ethical 
p.000062:  issues must be well understood and addressed. 
p.000062:   
p.000062:  3.6         The public are entitled to health and disability support services that are safe and effective. 
p.000062:  Organisations that provide health care and disability support should foster high-quality intervention studies, because 
p.000062:  these contribute both directly and indirectly to service safety and quality. 
p.000062:   
p.000062:   
p.000062:  Benefits to participants 
p.000062:  3.7         People have a range of motives for participating in intervention studies. These can include gaining benefit 
p.000062:  for themselves or for other individuals in the future, helping to contribute to knowledge, and contributing benefit to 
p.000062:  communities, including benefit sharing and reciprocity. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  6     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Risk in intervention studies 
p.000062:  3.8         In general, close ethical scrutiny is appropriate for intervention studies because the potential harms are 
p.000062:  generally greater than with other types of study, due to the intervention itself. In addition, intervention studies may 
p.000062:  involve conducting research in the context of clinical care, and this creates the potential for conflict between the 
p.000062:  roles of investigator and clinician. 
p.000062:   
p.000062:  3.9         The level of risk that is acceptable is primarily a matter for potential participants to decide. For this 
p.000062:  reason, informed consent is a central concept (see also ‘Free and informed consent’, paragraphs 6.6–6.22). 
p.000062:   
p.000062:  3.10       Potential harms to participants in intervention studies can include physical harms such  as adverse events 
...
           
p.000062:  welfare or the validity of a study, tends to be influenced by a secondary interest, such as financial gain, special 
p.000062:  loyalties or protection of career advancement opportunities. 
p.000062:   
p.000062:  4.19       If an investigator has a conflict of interest, it can compromise study design or conduct, or the reliability 
p.000062:  of study findings. It can also expose study participants to (risk of) harm or inconvenience. 
p.000062:   
p.000062:  4.20       In intervention studies, potential for conflict of interest may arise when the investigator: 
p.000062:  •    is remunerated for participant recruitment (eg, with per capita payments) 
p.000062:  •    has a commercial interest in the intervention or financial links to the study sponsor 
p.000062:  •    will benefit in professional or academic terms from involvement in the study. 
p.000062:   
p.000062:  4.21       Investigators should disclose to relevant other parties (including the ethics committee, funder, employer, 
p.000062:  sponsor and study participants) any perceived potential or actual conflict of interest she or he has in relation to any 
p.000062:  others involved with the study. As appropriate to the circumstances, any conflict of interest should be avoided. Where 
p.000062:  this is not practicable, conflicts should be minimised and managed, using strategies such as oversight and disclosure. 
p.000062:   
p.000062:  4.22       Conflict of interest may also arise when the investigator is a participant’s usual health or disability 
p.000062:  service provider. This may cause a conflict between the investigator role and the clinician role. In some circumstances 
p.000062:  this dual role will be appropriate. However, this possible conflict should always be disclosed and discussed with any 
p.000062:  potential participants. 
p.000062:   
p.000062:  4.23       Other members of the study team, such as research nurses, may also be placed in positions of conflict of 
p.000062:  interest if their employment prospects, job continuation or remuneration depend directly on their recruiting 
p.000062:  participants into studies. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  10   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5      Study and protocol design 
p.000062:   
p.000062:  Study question 
p.000062:  5.1         Investigators should undertake studies that address important health and/or disability problems. 
p.000062:   
p.000062:  5.2         Investigators should develop clear study questions that identify the participant population, the 
p.000062:  intervention and the main outcome of interest. Normally the outcome(s) to be studied should be clinically significant. 
p.000062:   
p.000062:  5.3         Every study question should be based on a thorough review of the relevant literature. 
p.000062:   
p.000062:   
p.000062:  Study design 
p.000062:  5.4         The study design should be the one best suited to answer the study question, while minimising harm, 
p.000062:  maximising benefit and meeting other ethical standards. 
p.000062:   
p.000062:  5.5         Scientific soundness is ethically important. Projects without scientific merit needlessly expose 
p.000062:  participants to risk and misuse their time, and waste resources. 
p.000062:   
p.000062:  5.6         The intended number of participants in an intervention study should be sufficient to generate reliable 
p.000062:  study findings, and the consequent recruitment targets should be realistic. Statistical issues relating to trial 
p.000062:  design, sample size and analysis can be complex, and usually require expert advice. 
p.000062:   
p.000062:  5.7         The study protocol should contain an overview of the planned statistical analyses, and these planned 
p.000062:  analyses should be adhered to in conducting the study. 
p.000062:   
p.000062:  5.8         Assignment of participants to study groups is best done by randomisation. This process tends to make study 
p.000062:  groups reliably comparable and minimises biases, especially uncontrolled confounding. Quasi-randomised or non-random 
p.000062:  methods are generally less reliable in this regard because of their potential to allow other factors to influence the 
...
           
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
...
           
p.000062:  the research at any practicable time, without experiencing any disadvantage 
p.000062:  –    the fact that participants have the right to access information about themselves collected as part of the study 
p.000062:  –    the fact that participants will be told of any new information about adverse or beneficial effects related to the 
p.000062:  study that becomes available during the study that may have an impact on their health 
p.000062:  –    what provision will be made for the privacy and confidentiality of individuals 
p.000062:  •    describe what will happen after the study, covering: 
p.000062:  –    whether any study intervention will be available to participants after the study and, if so, under what conditions 
p.000062:  (including any cost to them) 
p.000062:  –    how study data will be stored and for how long, whether the data will be retained for possible future use, who 
p.000062:  will be responsible for their secure storage and how they will be destroyed 
p.000062:  –    whether any biological specimens collected during the research will be destroyed at its conclusion and, if not, 
p.000062:  details of their storage and possible future use 
p.000062:  –    how the study findings will be communicated on completion of the study, including to participants, and in what 
p.000062:  expected timeframe. 
p.000062:   
p.000062:  6.23       Paragraph 6.22 is subject to the principles stated in ‘Free and informed consent – General principles’, 
p.000062:  paragraphs 6.6–6.21, and ‘Vulnerable people’, paragraphs 5.28– 
p.000062:  5.35. For a pro forma consent form, see the Application Form for Health and Disability Ethics Committees. For an 
p.000062:  example of an information sheet, see the WHO consent form templates 
p.000062:  (www.who.int/rpc/research_ethics/informed_consent/en). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     23 
p.000062:   
p.000062:  Non-consensual studies 
p.000062:  6.24       Some people who have diminished competence or no competence at the time a study is conducted (eg, potential 
p.000062:  participants in a study of the care provided in an intensive care unit after major elective procedures) may be 
p.000062:  competent to make decisions about study participation at an earlier time. In such cases investigators should make all 
p.000062:  reasonable efforts to obtain prior consent to participate by the person, and to identify any prior consent or refusal 
p.000062:  to participate by the person, and should give effect to any such prior decision. (See also the Code of Rights, Right 
p.000062:  7(5) and clause 4 and the Health and Disability Commissioner Act 1994, section 2, definition of ‘health care 
p.000062:  procedure’.) 
p.000062:   
p.000062:  6.25       People who have diminished competence to make decisions about their participation in a study are entitled to 
p.000062:  make informed decisions to the extent appropriate to their level of competence. (See also the Code of Rights, Right 
p.000062:  7(3).) 
p.000062:   
p.000062:  6.26       In non-consensual studies it is the investigator’s responsibility to ensure that all applicable legal 
p.000062:  standards are met. New Zealand law substantially limits the powers of health practitioners to offer treatment without 
p.000062:  consent in the context of research. It also substantially limits the powers of others to consent to such treatment on 
p.000062:  behalf of any person who is not competent. (See, in particular, the New Zealand Bill of Rights Act 1990, the Protection 
p.000062:  of Personal and Property Rights Act 1988 and the Code of Rights, particularly Right 7(4).) 
p.000062:   
p.000062:  6.27       The ethical standards for non-consensual studies that are stated in these Guidelines are intended for 
p.000062:  application only to studies that are lawful. 
p.000062:   
p.000062:  6.28       Intervention studies with no therapeutic intent should be undertaken only with the prior informed consent of 
p.000062:  the competent individual, unless a legal proxy can consent for an incompetent individual. (See also ‘Studies with 
p.000062:  distinctive features – Non-therapeutic studies’, paragraphs 5.48–5.49.) 
p.000062:   
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  30   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Adverse event monitoring 
p.000062:  6.59       Key terms relating to adverse event monitoring are defined in the box below. 
p.000062:   
p.000062:  Term                                Definition 
p.000062:  Adverse event (AE)          Any untoward medical occurrence in a patient administered a study product and which does 
p.000062:  not necessarily have a causal relationship with this product 
p.000062:  Adverse drug reaction      Any untoward and unintended response in a subject to an intervention that is related to any 
p.000062:  dose administered to that subject 
p.000062:   
p.000062:  Unexpected adverse reaction 
p.000062:   
p.000062:   
p.000062:  Serious adverse event (SAE), serious adverse drug reaction or unexpected serious adverse reaction 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Suspected unexpected serious adverse reaction (SUSAR) 
p.000062:  Source: MHRA 2009 
p.000062:  An adverse reaction, the nature and severity of which are not consistent with information about the intervention in the 
p.000062:  investigator’s brochure (or, for a product with marketing authorisation, in the summary of product characteristics for 
p.000062:  that product) 
p.000062:  An adverse event, adverse drug reaction, or unexpected adverse reaction, that: 
p.000062:  •     results in death, or 
p.000062:  •     is life-threatening, or 
p.000062:  •     requires inpatient hospitalisation or results in prolongation of existing hospitalisation, or 
p.000062:  •     results in persistent or significant disability or incapacity, or 
p.000062:  •     consists of a congenital anomaly or birth defect, or 
p.000062:  •     is a medically important event or reaction 
p.000062:  Any unexpected serious adverse reaction that is suspected to be related to the intervention under study 
p.000062:   
p.000062:   
p.000062:  Responsibilities for monitoring adverse events 
p.000062:   
p.000062:  6.60       The protocol and/or monitoring plan of any intervention study should state the processes and 
p.000062:  responsibilities for identifying, coding, analysing and reporting adverse events. Reliable interpretation of AEs 
p.000062:  requires coding according to body system and severity (eg, using the Medical Dictionary for Regulatory Activities 
p.000062:  (MedDRA 2009) or Common Terminology Criteria for Adverse Events (CTEP 2009)) and comparison of grouped data across 
p.000062:  intervention arms (with consideration of the benefit and risk profile). An independent DMC is best placed to reliably 
p.000062:  interpret such safety data. 
p.000062:   
p.000062:  6.61       Prompt reporting of serious adverse events is especially important for SUSARs (see paragraph 6.59). 
p.000062:   
p.000062:  6.62       A mechanism should be in place for responding to any potential safety concerns. In general, reliable 
p.000062:  interpretation of the safety signals would require an interim report on safety and efficacy, in a form unblinded by 
p.000062:  intervention arm. Any interventional study with potential for serious treatment-related adverse events should have a 
p.000062:  mechanism in place for prompt reporting, recognition, and response to SAEs and SUSARS. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     31 
p.000062:   
p.000062:  Terminating a study 
...
           
p.000062:  have a causal relationship with that product (MHRA 2009). 
p.000062:  Bias: the tendency of a measurement or a statistic to deviate from the true value of the measure or statistic (Brownson 
p.000062:  and Petitti 1998: 50). 
p.000062:  Bioavailability study: a study examining the rate and extent at which a drug, when administered in a pharmaceutical 
p.000062:  dosage form, becomes available, either at the site of pharmacological effect or systemically within the body (Chow 
p.000062:  2003: 83). 
p.000062:  Bioequivalence study: a study aiming to show that the bioavailability of one formulation of a drug is equivalent to 
p.000062:  another formulation of the same drug (Chow 2003: 83). 
p.000062:  CIOMS guidelines: the Council for International Organizations of Medical Sciences International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002). 
p.000062:  Clinical trial: any research study that prospectively assigns human participants or groups of humans to one or more 
p.000062:  health-related interventions to evaluate effects on health outcomes. Clinical trials may also be referred to as 
p.000062:  interventional trials. Interventions include but are not restricted to drugs, cells and other biological products, 
p.000062:  surgical procedures, radiologic procedures, devices, behavioural treatments, process- of-care changes and preventive 
p.000062:  care, etc. This definition includes Phase I to Phase IV trials (WHO 2009). 
p.000062:  Code of Rights: the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) 
p.000062:  Regulations 1996, issued under the Health and Disability Commissioner Act 1994, section 7. 
p.000062:  Community intervention study (or cluster intervention study): a study in which interventions are allocated primarily to 
p.000062:  whole communities or to groups (such as schools, households or groups of patients), other communities serving as 
p.000062:  comparison. For example, such a study might focus on a mass media campaign to prevent smoking in young people, or a 
p.000062:  school-based programme of antibiotic treatment of throat infections to prevent rheumatic fever, or a new model of care. 
p.000062:  Crossover trial: in a crossover trial each subject is randomised to a sequence of two or more treatments, and hence 
p.000062:  acts as her or his own control for treatment comparisons. This design reduces the number of subjects and usually the 
p.000062:  number of assessments needed to achieve a specific power, sometimes to a marked extent. In the simplest 2 × 2 crossover 
p.000062:  design, each subject receives each of two treatments in randomised order in two successive treatment periods, often 
p.000062:  separated by a treatment-free period (ICH 1998: 11). 
p.000062:  Data monitoring committee (DMC): a body that advises the study team and study sponsor, and is responsible for 
p.000062:  monitoring emerging data during the course of a study. The purpose of these roles is to ensure both that the 
p.000062:  participants are safe and that the study is conducted to a high quality so that it generates reliable answers to its 
p.000062:  study question(s). The DMC may be independent or may be constituted from those conducting the study. Another term for a 
p.000062:  DMC is ‘data and safety monitoring board’. 
p.000062:  Declaration of Helsinki: the World Medical Association Declaration of Helsinki: Ethical principles for medical research 
p.000062:  involving human subjects (WMA 2008). 
p.000062:  End-point (outcome measure): a pre-specified outcome variable of interest to a study. The primary end- point is the 
p.000062:  most important outcome, and should reflect clinically relevant effects and the principal objective of the study. Data 
p.000062:  on secondary outcomes (secondary end-points) are used to evaluate additional effects of the intervention (ICH 1997: 
p.000062:  10–11). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     39 
p.000062:   
p.000062:  Ethics committee: any ethics committee approved by the Health Research Council Ethics Committee (HRCEC) in accordance 
p.000062:  with the Health Research Council Act 1990, section 25, or the HRCEC itself. The standards established in these 
p.000062:  Guidelines may also assist other ethics committees. 
p.000062:  Health and disability ethics committee (HDEC): an ethics committee established under section 11 of the New Zealand 
p.000062:  Public Health and Disability Act 2000 and approved by the HRCEC. 
p.000062:  HRC guidelines: the Health Research Council Guidelines on Ethics in Health Research (HRC 2005b). 
p.000062:  Indication: a condition for which the use of a certain intervention (eg, a certain medicine) is indicated or is 
p.000062:  appropriate. 
p.000062:  Informed consent: a process through which a subject voluntarily agrees to participate in a particular trial, having 
p.000062:  been informed of all aspects of the trial that are relevant to their decision to participate (ICH 1996: 5). 
p.000062:  Innovative practice: a planned deviation from the currently accepted practice of a New Zealand body of health 
p.000062:  professionals involving an untested or unproven clinical intervention intended to be used on an ongoing basis. 
p.000062:  Intention-to-treat principle: a principle asserting that the effect of a treatment can be best assessed by evaluating 
p.000062:  on the basis of the intention to treat a subject (ie, the planned treatment regimen) rather than the actual treatment 
p.000062:  given. This means that subjects allocated to a treatment group should be followed up, assessed and analysed as members 
p.000062:  of that group irrespective of their compliance to the planned course of treatment (ICH 1998: 33). 
p.000062:  Intervention study: a study in which the investigator controls and studies an intervention(s) provided to participants 
p.000062:  for the purpose of adding to knowledge of the health effects of that intervention(s). The term ‘intervention study’ is 
p.000062:  often used interchangeably with ‘experimental study’. Many intervention studies are clinical trials. 
p.000062:  Investigator: any qualified individual who may be involved in the study design and who conducts all or part of an 
p.000062:  investigation. 
...
           
p.000062:  effectiveness of an active intervention. Using a placebo assists blinding, as participants (and, in some studies, 
p.000062:  investigators) are unaware to which group each participant has been allocated. 
p.000062:  Principal investigator: the qualified health professional or qualified researcher with primary responsibility for the 
p.000062:  design and conduct of a particular investigation (referred to as a ‘co-ordinating investigator’ in the SOPs for HDECs). 
p.000062:  PPPR Act 1988: the Protection of Personal and Property Rights Act 1988. 
p.000062:  Protocol: a protocol document describes the objective(s), design, methodology, statistical considerations and 
p.000062:  organisation of a trial. The protocol often gives the background and rationale for the trial, but these could be 
p.000062:  provided in other documents referenced by the protocol (ICH 1996: 6). 
p.000062:  Randomised controlled trial: the general term for a study in which participants are randomly assigned to intervention 
p.000062:  and control groups to receive or not receive a diagnostic, preventive or therapeutic  intervention. Findings in such a 
p.000062:  study are assessed by comparing rates of disease, death, recovery or other appropriate end-points in the intervention 
p.000062:  and control groups. 
p.000062:  Serious adverse drug reaction: an adverse drug reaction that results in death, or is life-threatening, or requires 
p.000062:  inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  Serious adverse event: an adverse event that results in death, or is life-threatening, or requires inpatient 
p.000062:  hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or significant 
p.000062:  disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important event or 
p.000062:  reaction (MHRA 2009). 
p.000062:  SOPs: standard operating procedures for HDECs. 
p.000062:  Sponsor: any individual, company, institution or organisation that has responsibility for the initiation, management 
p.000062:  and/or financing of a clinical trial (ICH 1996: 7). 
p.000062:  Standing Committee on Therapeutic Trials (SCOTT): a committee of the Health Research Council, responsible under the 
p.000062:  Medicines Act 1981, section 30 (HRC 2005b) for assessing the scientific validity and safety of clinical trials. 
p.000062:  Study: in this context, an intervention study, unless otherwise specified. 
p.000062:  Suspected unexpected serious adverse reaction (SUSAR): any unexpected serious adverse reaction that is suspected to be 
p.000062:  related to an intervention under study (MHRA 2009). 
p.000062:  Therapeutic study: a study that examines interventions that hold the prospect of direct diagnostic, therapeutic or 
p.000062:  preventive benefit for the individual participant. This includes studies undertaken in the context of clinical care. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     41 
p.000062:   
p.000062:  Treatment: any type of intervention that may be studied, including medicines, tests, methods of health care delivery 
p.000062:  and other health or disability support interventions. 
p.000062:  Trial management committee (or trial steering group): a group formed to provide overall supervision of a trial. 
p.000062:  Membership should include one or more investigators, the trial biostatistician and, in some cases, one or more 
p.000062:  independent people. 
p.000062:  Unexpected adverse reaction: an adverse reaction, the nature and severity of which are not consistent with information 
p.000062:  about the intervention in the investigator’s brochure (or, for a product with marketing authorisation, in the summary 
p.000062:  of product characteristics for that product) (MHRA 2009). 
p.000062:  Unexpected serious adverse reaction: an unexpected adverse reaction that results in death, or is life- threatening, or 
p.000062:  requires inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  WHO Operational Guidelines: the World Health Organization Operational Guidelines for the Establishment and Functioning 
p.000062:  of Data and Safety Monitoring Boards (TDR 2005). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  42   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Appendix 1: Joint Health Research Council and NEAC guidance on features of robust peer review for assessing the 
p.000062:  scientific validity of research 
p.000062:  Background 
p.000062:  This document seeks to outline the principles of peer review that might be undertaken to assure New Zealand’s Health 
p.000062:  and Disability Ethics Committees (HDECs) of the scientific validity of a research proposal. Scientific validity of a 
p.000062:  research project is one component of the research being ethically sound. Research with insufficient scientific validity 
p.000062:  will waste scarce resources, will misuse the trust and commitment of participants, and may needlessly expose them to 
p.000062:  risk for no appropriate return. 
p.000062:   
p.000062:  The term ‘scientific validity’ is used in the 2012 Standard operating procedures (SOPs) for HDECs, without definition. 
p.000062:  NEAC’s Ethical Guidelines for Observational Studies (2012) and these Guidelines refer to studies being ‘scientifically 
p.000062:  sound’, which encompasses the expectation that a proposal’s objectives can reasonably be expected to be achieved. 
p.000062:  Standards and Operational Guidance for Ethics Review of Health-Related Research with Human Participants (WHO 2011) 
p.000062:  refers to ‘valid scientific methods’ as part of Standard 7: Ethical basis for decision-making in research ethics 
p.000062:  committees. Important factors in this standard include how the study will be conducted, the qualifications of the 
p.000062:  researcher(s), the adequacy of provisions made for monitoring and auditing, and the adequacy of the study site (eg, 
p.000062:  availability of qualified staff and appropriate infrastructures). 
p.000062:   
p.000062:  The Government, in its response to the Health Committee’s 2011 Inquiry into improving New Zealand’s environment to 
p.000062:  support innovation through clinical trials (Health Committee, June 2011), decided that researchers and research 
p.000062:  sponsors will be ‘responsible for ensuring that their research has been peer-reviewed for scientific quality’ (response 
p.000062:  to recommendation 14). The SOPs state that HDECs will check that appropriate peer review (of scientific validity) has 
p.000062:  been carried out, but will not conduct it themselves. HDECs may not require specific, defined changes to research 
p.000062:  protocols on the grounds of lack of scientific validity as a condition of HDEC approval. 
p.000062:   
p.000062:  This guidance does not explain how review of a research proposal can be obtained, but lays out the features of a 
p.000062:  fit-for-purpose peer review process. It is anticipated that these guidelines will be of use both to those seeking 
p.000062:  ethical approval for their health and disability research, and to those undertaking ethical review of research 
p.000062:  proposals, to verify that the scientific validity of proposed research has been assured through an appropriate peer 
p.000062:  review process. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     43 
p.000062:   
p.000062:  Peer review 
p.000062:  The role of New Zealand’s HDECs is to check that proposed health and disability research meets established ethical 
p.000062:  standards that aim to protect participants (see the SOPs). The SOPs require that researchers and sponsors ensure that 
p.000062:  the scientific validity of proposed research has been peer-reviewed before an application is made to an HDEC. In this 
p.000062:  context, peer review is the process by which an applicant can assure an HDEC that a proposal has an appropriate degree 
p.000062:  of scientific merit, feasibility and likelihood of impact. 
p.000062:   
p.000062:   
p.000062:  Areas of focus during peer review 
p.000062:  Peer review can be tailored to deliver opinions on a variety of matters relating to a health and disability research 
p.000062:  proposal. In order to determine scientific validity, the following factors should specifically be determined: 
p.000062:  •    The relative merit of the research: A key consideration is whether the proposed work is important, worthwhile and 
p.000062:  justifiable. The research should address a health issue that is important for health and/or society. The aims, research 
p.000062:  questions and hypotheses will build on and address gaps in existing knowledge. 
p.000062:  •    The design and methods: The quality of study design and methods should be reviewed to assess its robustness. This 
p.000062:  might include study methodology, a description of sample recruitment and characteristics (including number, gender and 
p.000062:  ethnicity where relevant) and proposed methods of data analysis. Indication of timelines for the research should be 
p.000062:  included. 
p.000062:  •    The feasibility of the research: This includes whether the overall strategy, methodology and analyses are well 
p.000062:  reasoned and appropriate to achieve the specific aims of the project. It should determine whether the research has the 
p.000062:  likelihood, on balance, of improving scientific knowledge, concepts, technical capacity or methods in the research 
p.000062:  field, or of contributing to better treatments, services, health outcomes or preventive interventions. The research 
p.000062:  will be achievable within the specified timeframe and the research team has the appropriate experience and expertise to 
p.000062:  undertake the research. 
p.000062:   
p.000062:   
p.000062:  Core features of the peer review process 
...
           
p.000062:   
p.000062:  Inducements 
p.000062:  Families and children must not receive any financial payments or other reward for participating in the research. Only 
p.000062:  expenses resulting from participation may be reimbursed. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  48   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Health research data 
p.000062:  Retention and use of personally identifiable health research data. 
p.000062:  •    Research data pertaining to the child participants should be retained by the researcher for ten years after the 
p.000062:  child has attained the age of 16. 
p.000062:  •    Children have the right to withdraw consent to the continued use or retention of personally identifiable health 
p.000062:  research data once they attain the age of 16. 
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Section 36 of the Care of Children Act 2004 governs consent to any medical, surgical or dental procedures in relation 
p.000062:  to a child. Right 7 of the Code of Health and Disability Services Consumers Rights 1996 is also applicable in relation 
p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
p.000062:  participation in research. 
p.000062:   
p.000062:  Historically, they have experienced disadvantage, over-protection and abuse. Their right to give informed consent has 
p.000062:  typically been ignored, and unwarranted assumptions have been made about their lack of legal competence. 
p.000062:   
p.000062:  Research evidence and changing conceptions of individual rights have led to statutory changes which recognise a 
p.000062:  continuum of competence and its specificity to particular situations for a particular individual. 
p.000062:   
p.000062:  Research involving people with intellectual disabilities should: 
p.000062:  •    be designed and focuses on an issue of significant importance to people with intellectual disabilities 
p.000062:  •    respect the rights of people with intellectual disabilities to make their own choices and give informed consent 
p.000062:  •    protect people with intellectual disabilities from undue risks, exploitation and abuse. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     49 
p.000062:   
p.000062:  Capacity to give informed consent 
p.000062:  It has often been assumed that anyone who has any degree of intellectual disability is therefore incapable of giving 
p.000062:  informed consent to treatment or involvement in research. The capacity to give informed consent is a continuum, and a 
p.000062:  person’s capacity to make decisions may vary depending on the specific topic or area of life under consideration. 
p.000062:   
p.000062:  People with intellectual disabilities vary widely in their degree of intellectual disability and in their ability to 
p.000062:  understand, reason and communicate. Many people with intellectual disabilities will be capable of making decisions or 
p.000062:  giving informed consent, depending on the nature of the specific decision in question. The capacity of an individual to 
p.000062:  give informed consent should be assessed on a case-by-case basis. 
p.000062:   
p.000062:  When considering the competence of a person with an intellectual disability to give informed consent it should be 
p.000062:  recognised that different decisions demand different levels of competence. In other words, a person with an 
p.000062:  intellectual disability may not be competent to give informed consent to participate in a clinical trial of 
p.000062:  psychoactive drugs but may well be competent to consent to be interviewed about his/her experiences of community 
p.000062:  living. 
p.000062:   
p.000062:  Issues of competence to consent are highly significant for people with intellectual disabilities in their daily lives. 
p.000062:  Questions arise in the provision of health and disability services, their rights to undertake legal contracts, criminal 
p.000062:  liability, ability to be a witness in a trial – to mention a few. 
p.000062:   
p.000062:  Factors to consider when researching with people with intellectual disabilities include the following. 
p.000062:  •    People with intellectual disabilities are not usually concerned about the implications of research for public 
p.000062:  policy, but are more likely to be interested in what changes the research can bring about for them personally. 
p.000062:  •    People with intellectual disabilities often have difficulty separating hypothetical situations from personal 
p.000062:  anxieties and concerns. 
p.000062:  •    People with intellectual disabilities often have fewer opportunities to acquire ordinary knowledge (for example, 
p.000062:  due to lack of or inappropriate education, segregation, over- protection or lack of access to information). 
p.000062:  •    The most difficult area for people with intellectual disabilities to understand is the area of legal rights. They 
p.000062:  may have limited experience of their voluntary decisions being respected. 
p.000062:  •    People with intellectual disabilities often have a tendency to comply with the perceived demands of an authority 
p.000062:  figure. 
p.000062:  •    Even persons with severe disabilities may be able to make decisions if given the opportunity, support and training 
p.000062:  to do so. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  50   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  People with intellectual disabilities may have specific difficulties relevant to informed consent, including: 
p.000062:  •    a reduced vocabulary and understanding of abstract words and ideas 
p.000062:  •    shorter attention spans and reduced short-term memory capacity 
p.000062:  •    limited abstraction skills (that is, concrete and literal understanding of questions and situations) 
p.000062:  •    a reluctance to rarely say they do not understand unless directly asked 
p.000062:  •    difficulty following long, run-on sentences 
p.000062:  •    difficulty answering time-related questions. 
p.000062:   
p.000062:  Proposals for research involving people with intellectual disabilities should clearly describe: 
p.000062:  •    the proposed sample of participants and the possible range of intellectual disabilities to be included 
p.000062:  •    how the researcher will determine competence to give informed consent for each individual participant 
p.000062:  •    a rationale for the decisions on judgment of competence in terms of the complexity of the research and/or the 
p.000062:  possible risks to participants. 
p.000062:   
p.000062:   
p.000062:  Providing information to potential participants 
p.000062:  Particular attention should be paid to how to provide information to potential participants with intellectual 
p.000062:  disabilities. 
p.000062:   
p.000062:  A person with an intellectual disability has the right to receive information that he or she can understand, and which 
p.000062:  takes account of his or her individual circumstances, such as level of understanding, reading ability, and knowledge 
p.000062:  about research and research requirements. 
p.000062:   
p.000062:  People with intellectual disabilities can be very valuable advisors to researchers on the wording of information 
p.000062:  sheets. Whenever possible, information sheets and consent forms should be trialled with a group of people who are 
p.000062:  similar to potential study participants. 
p.000062:   
p.000062:  Adequate time must be allowed for the process of obtaining informed consent from people with intellectual disabilities. 
p.000062:  Whenever possible, information about the research should be provided to each participant on an individual, face-to-face 
p.000062:  basis. 
p.000062:   
p.000062:  Careful consideration should be given to how other people who are concerned members of the person’s support network 
p.000062:  will be informed about the research, while ensuring that potential participants experience no coercion in making their 
p.000062:  decision whether or not to take part in the research. 
p.000062:   
p.000062:  A permanent record of the process of information provision should be kept. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     51 
p.000062:   
p.000062:  Recording consent 
p.000062:  While written consent is the usual method of recording informed consent in research, some people with intellectual 
p.000062:  disabilities may be unable to read and/or write, and other methods of obtaining and recording informed consent may be 
p.000062:  more appropriate. 
p.000062:   
p.000062:  The critical ethical issue relates to obtaining consent based on information and non-coercion. To assure other people 
p.000062:  that this has occurred, it is necessary to have a permanent record. An audiotape of an oral discussion of the 
p.000062:  researcher and a participant involving information provision and decision-making can provide an even fuller record of 
p.000062:  the validity of the consent obtained than a signature on a consent form. 
p.000062:   
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Applicable legislation includes: 
p.000062:  •    sections 6 and 18 of the Protection of Personal and Property Rights Act 1988 
p.000062:  •    section 17 of the Judicature Act 1908 
p.000062:  •    Rights 7 and 7(3) of the Code of Health and Disability Services Consumers’ Rights 1996. 
p.000062:   
p.000062:  Case law with regard to section 17 of the Judicature Act 1908 has said that the approval of the court is required when 
p.000062:  the: 
p.000062:  •    principal or a major aim of the surgical procedure has a non-therapeutic purpose 
p.000062:  •    medical procedure involves interference with a basic human right. 
p.000062:   
p.000062:   
p.000062:  Research involving unconscious participants 
p.000062:  Research involving unconscious participants may involve the use of an innovative practice or the evaluation of an 
p.000062:  established therapeutic practice or treatment. In some circumstances, research may involve the delivery of therapeutic 
p.000062:  interventions in emergency situations (such as consumers requiring intensive care). Whatever the case, research 
p.000062:  involving unconscious participants raises special problems regarding informed consent. 
p.000062:   
p.000062:  This section addresses issues arising where individuals are unconscious at the time their participation in research is 
p.000062:  being considered. When it is foreseeable that treatment will be needed and participants can be identified in advance 
p.000062:  (for example, a study to be performed after elective major surgery), informed consent may be obtained well before the 
p.000062:  surgery. 
p.000062:   
p.000062:   
p.000062:  Ethical issues 
p.000062:  There is a general expectation that research involving participants will not be conducted without first obtaining 
...
           
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
...
           
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
...
           
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
...
           
p.000062:  Finally, confidentiality is extremely difficult to maintain in an environment such as prisons, in which there is no 
p.000062:  privacy. In prisons, people do not move about freely; the movements of inmates are carefully tracked. When inmates are 
p.000062:  moved around (for example, to go to a research appointment), everyone will know about it. Prison records, including 
p.000062:  medical records, are accessible to persons who in other settings would not have access to such personal information. 
p.000062:  Consider the inmate participating in HIV-related research. How will the sensitive nature of the research be kept 
p.000062:  secret? The investigator must be able to ensure that the necessary confidentiality can and will be maintained so that 
p.000062:  the participants are not subjected to any risk from participation. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     61 
p.000062:   
p.000062:  Appendix 3: The National Ethics Advisory Committee 
p.000062:  The National Ethics Advisory Committee – Kāhui Matatika o te Motu (NEAC) is an independent advisor to the Minister of 
p.000062:  Health on ethical issues of national significance concerning health and disability matters. NEAC’s statutory functions 
p.000062:  are to: 
p.000062:  •    advise the Minister of Health on ethical issues of national significance in respect of any health and disability 
p.000062:  matters (including research and services) 
p.000062:  •    determine nationally consistent ethical standards across the health sector and provide scrutiny for national 
p.000062:  health research and health services. 
p.000062:   
p.000062:  NEAC works in the context of the New Zealand Public Health and Disability Act 2000. The members of NEAC, appointed by 
p.000062:  the Minister, bring expertise in ethics, health and disability research, health service provision and leadership, 
p.000062:  public health, epidemiology, law, Māori health and consumer advocacy. 
p.000062:   
p.000062:   
p.000062:  Committee membership 
p.000062:  Andrew Moore, Chair (to July 2010) Victoria Hinson, Chair (from June 2011) 
p.000062:  Robin Wray (from June 2009, appointed as Chair July 2010) Allison Kirkman, Deputy Chair (to December 2007) 
p.000062:  Geoffrey Fougere, Deputy Chair (to September 2011) 
p.000062:  Robin Olds, Deputy Chair (from September 2008, appointed as Deputy Chair October 2011) Michael Ardagh (to December 
p.000062:  2007) 
p.000062:  Dale Bramley (to December 2007) Lorna Dyall (from June 2009) 
p.000062:  Michael Findlay (from December 2006) Adriana Gunder (from October 2011) 
p.000062:  Andrew Hall (from November 2008, reappointed October 2012) Elisabeth Harding (to December 2007) 
p.000062:  John Hinchcliff (to June 2009) Barbara Holland (to June 2009) Te Kani Kingi (to June 2009) 
p.000062:  Jacob Te Kurapa (from June 2009) 
p.000062:  Robert Logan (from November 2008, reappointed October 2012) Joanna Manning (to December 2011) 
p.000062:  John McCall (from July 2010) Charlotte Paul (to December 2007) Ann Richardson (to September 2008) Diana Sarfati (from 
p.000062:  October 2011) Elizabeth Smales (to September 2011) 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  62   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Fa’afatai Sopoaga (from October 2011) Martin Sullivan (to December 2007) Martin Wilkinson (from July 2010) 
p.000062:   
p.000062:   
p.000062:  Secretariat for this project 
p.000062:  Annabel Begg, Public Health Medicine Registrar (2004–2005) Barbara Burt, Senior Analyst (to July 2011) 
p.000062:  Helen Colebrook, Senior Analyst (2011–2012) 
p.000062:  Fiona Imlach, Public Health Medicine Registrar (2006–2007) Gabrielle McDonald, Public Health Medicine Registrar 
p.000062:  (2007–2009) Vanessa Roberts, Analyst 
...
           
p.000062:  on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 
p.000062:  ICH. 1997. ICH Harmonised Tripartite Guideline: General considerations for clinical trials. Geneva: International 
p.000062:  Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 
p.000062:  ICH. 1998. ICH Harmonised Tripartite Guideline: Statistical principles for clinical trials. Geneva: International 
p.000062:  Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 
p.000062:  ICMJE. 2004. Uniform Requirements for Manuscripts Submitted to Biomedical Journals: Writing and editing for biomedical 
p.000062:  publication. Philadelphia: International Committee of Medical Journal Editors. 
p.000062:  Lowrance W. 2002. Learning from Experience: Privacy and the secondary use of data in health research. London: The 
p.000062:  Nuffield Trust. 
p.000062:  Manson NC, O’Neill O. 2007. Rethinking Informed Consent in Bioethics. Cambridge: Cambridge University Press. 
p.000062:  MedDRA (Medical Dictionary for Regulatory Activities). 2009. Website. http://www.meddramsso.com/MSSOWeb/index.htm. 
p.000062:  Accessed 5 June 2009. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  64   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  MHRA. 2009. Clinical Trial Authorisations: Safety reporting – SUSARS and ASRs. London: Medicines and Healthcare 
p.000062:  products Regulatory Agency. URL: www.mhra.gov.uk/Howweregulate/Medicines/Licensingofmedicines/Clinicaltrials/ 
p.000062:  Safetyreporting- SUSARSandASRs/index.htm (accessed 2 May 2009). 
p.000062:  Minister of Health. 2012. Standard Operating Procedures for Health and Disability Ethics Committees. 
p.000062:  Wellington: Ministry of Health. 
p.000062:  Ministry of Health. 2006. Guidelines for Using Cells from Established Human Embryonic Stem Cell Lines for Research. 
p.000062:  Wellington: Ministry of Health. 
p.000062:  Ministry of Health. 2007. Guidelines for the Use of Human Tissue for Future Unspecified Research Purposes. Wellington: 
p.000062:  Ministry of Health. 
p.000062:  National Institutes of Health. 1998. NIH Policy for Data and Safety Monitoring. Washington: National Institutes of 
p.000062:  Health. URL: http://grants.nih.gov/grants/guide/notice-files/not98-084.html (accessed 2 July 2012). 
p.000062:  NEAC. 2008. Sixth Annual Report to the Minister of Health: National Ethics Advisory Committee – Kāhui 
p.000062:  Matatika o te Motu 2007. Wellington: Ministry of Health. 
p.000062:  NEAC. In press. Māori Research Ethics: An overview. Wellington: National Ethics Advisory Committee. 
p.000062:  NEAC. 2012. Ethical Guidelines for Observational Studies: Observational research, audits and related activities. 
p.000062:  Wellington: Ministry of Health. 
p.000062:  WHO. 2009. International Clinical Trials Registry Platform. Geneva: World Health Organization. URL: 
p.000062:  www.who.int/ictrp/en (accessed 2 July 2012). 
p.000062:  WHO on behalf of the Special Programme for Research and Training in Tropical Diseases. 2005. Operational Guidelines for 
p.000062:  the Establishment and Functioning of Data and Safety Monitoring Boards. Geneva: World Health Organization. 
p.000062:  WHO. 2011. Standards and Operational Guidance for Ethics Review of Health-Related Research with Human Participants. 
p.000062:  Geneva: World Health Organization. 
...
Health / Mentally Incapacitated
Searching for indicator incapable:
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p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
p.000062:  participation in research. 
p.000062:   
p.000062:  Historically, they have experienced disadvantage, over-protection and abuse. Their right to give informed consent has 
p.000062:  typically been ignored, and unwarranted assumptions have been made about their lack of legal competence. 
p.000062:   
p.000062:  Research evidence and changing conceptions of individual rights have led to statutory changes which recognise a 
p.000062:  continuum of competence and its specificity to particular situations for a particular individual. 
p.000062:   
p.000062:  Research involving people with intellectual disabilities should: 
p.000062:  •    be designed and focuses on an issue of significant importance to people with intellectual disabilities 
p.000062:  •    respect the rights of people with intellectual disabilities to make their own choices and give informed consent 
p.000062:  •    protect people with intellectual disabilities from undue risks, exploitation and abuse. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     49 
p.000062:   
p.000062:  Capacity to give informed consent 
p.000062:  It has often been assumed that anyone who has any degree of intellectual disability is therefore incapable of giving 
p.000062:  informed consent to treatment or involvement in research. The capacity to give informed consent is a continuum, and a 
p.000062:  person’s capacity to make decisions may vary depending on the specific topic or area of life under consideration. 
p.000062:   
p.000062:  People with intellectual disabilities vary widely in their degree of intellectual disability and in their ability to 
p.000062:  understand, reason and communicate. Many people with intellectual disabilities will be capable of making decisions or 
p.000062:  giving informed consent, depending on the nature of the specific decision in question. The capacity of an individual to 
p.000062:  give informed consent should be assessed on a case-by-case basis. 
p.000062:   
p.000062:  When considering the competence of a person with an intellectual disability to give informed consent it should be 
p.000062:  recognised that different decisions demand different levels of competence. In other words, a person with an 
p.000062:  intellectual disability may not be competent to give informed consent to participate in a clinical trial of 
...
Health / Motherhood/Family
Searching for indicator family:
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     19 
p.000062:   
p.000062:  6      Study processes 
p.000062:   
p.000062:  Recruitment of participants 
p.000062:  6.1         Adequate recruitment is important to ensure that the number of participants is sufficient to reliably 
p.000062:  answer the study question(s). 
p.000062:   
p.000062:  6.2         The investigator should choose a method of approaching participants that meets applicable ethical and 
p.000062:  scientific standards. Depending on the study question and design, the approach may be made directly to the potential 
p.000062:  participant (eg, by advertisement, telephone or letter) or indirectly (eg, through the participant’s own doctor or 
p.000062:  relevant health practitioner). 
p.000062:   
p.000062:  6.3         In some circumstances the investigator may also be a potential participant’s own doctor or other relevant 
p.000062:  health practitioner. In this case it is important for the investigator to recognise the potential for conflict of 
p.000062:  interest this creates and to remove any element of coercion into, or inappropriate discouragement from, participation 
p.000062:  in the study (see also ‘Addressing conflict of interest’, paragraphs 4.18–4.23). On the other hand, the regular 
p.000062:  practitioner may be the best person to approach their patient (eg, because of patient preference, ability to reduce 
p.000062:  poorly judged approaches, or the need to maintain continuity of care) rather than transferring this task and the 
p.000062:  patient’s management to a second practitioner. 
p.000062:   
p.000062:  6.4         If a patient (or her or his family or friends) approaches her or his health practitioner or an investigator 
p.000062:  about study participation, this situation needs to be managed using the same principles outlined in paragraph 6.3 
p.000062:  above. 
p.000062:   
p.000062:  6.5         Where intervention studies are designed as non-therapeutic, group-based or community- based studies (with 
p.000062:  the exception of phase I studies), the prospective involvement of the participant’s regular doctor is not mandatory, 
p.000062:  although subsequent communication about participation is desirable, if the participant agrees to this. (See also 
p.000062:  ‘Clinical responsibilities’, paragraph 6.68–6.71). 
p.000062:   
p.000062:   
p.000062:  Free and informed consent 
p.000062:   
p.000062:  General principles 
p.000062:   
p.000062:  6.6         Informed consent is best understood in terms of decision-making that is based on good communication between 
p.000062:  people, rather than simply as a transfer of information from one person to another (Manson and O’Neill 2007). 
p.000062:   
p.000062:  6.7         Informed consent has two basic components. 
p.000062:  (a)         The decision is informed by adequate understanding of any information that is relevant to that decision. 
p.000062:  (b)         The decision is voluntary, and is therefore free from undue influence such as manipulation or coercion. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
...
           
p.000062:  provided to potential participants in a form and in a way that assists their informed decision-making. For example, the 
p.000062:  information should as far as possible be provided in lay terms. In general, such information should: 
p.000062:  •    explain the study, including: 
p.000062:  –    the purpose of the study, including its expected contribution to knowledge and its potential benefits to 
p.000062:  communities 
p.000062:  –    how the study meets the best intervention and equipoise standards 
p.000062:  –    the purpose and practical significance of the use of randomisation, blinding or placebos, as relevant 
p.000062:  –    the nature and sources of funding of the study, the institutional affiliations of the investigator(s), and who can 
p.000062:  be contacted to answer questions and how to contact them 
p.000062:  –    the study’s status, with a current approval from an ethics committee 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  22   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    describe what the study involves, including: 
p.000062:  –    what will be done in the study, including how participation in it will differ from not being in the study 
p.000062:  –    the time involved in participation (eg, the number and duration of any visits to the research centre, and the 
p.000062:  expected finishing date of the study) 
p.000062:  –    the purpose and expected number of any extra tests to be performed during the study 
p.000062:  •    outline potential benefits, risks and compensation, covering: 
p.000062:  –    foreseeable risks, side-effects, discomforts and possible direct benefits of study participation, including any 
p.000062:  risks or benefits to the health of a participant’s family members 
p.000062:  –    arrangements for personal compensation for injury, including whether the study is covered by the Accident 
p.000062:  Compensation Act 2001 
p.000062:  –    payments or other forms of reimbursement, if any, provided in recognition of participation 
p.000062:  –    the extent of the investigator’s responsibility to ensure that care is provided to participants during the study 
p.000062:  •    explain the rights of participants, covering: 
p.000062:  –    the voluntary nature of participation, including that they are free to decline to participate or to withdraw from 
p.000062:  the research at any practicable time, without experiencing any disadvantage 
p.000062:  –    the fact that participants have the right to access information about themselves collected as part of the study 
p.000062:  –    the fact that participants will be told of any new information about adverse or beneficial effects related to the 
p.000062:  study that becomes available during the study that may have an impact on their health 
p.000062:  –    what provision will be made for the privacy and confidentiality of individuals 
p.000062:  •    describe what will happen after the study, covering: 
p.000062:  –    whether any study intervention will be available to participants after the study and, if so, under what conditions 
p.000062:  (including any cost to them) 
p.000062:  –    how study data will be stored and for how long, whether the data will be retained for possible future use, who 
p.000062:  will be responsible for their secure storage and how they will be destroyed 
p.000062:  –    whether any biological specimens collected during the research will be destroyed at its conclusion and, if not, 
p.000062:  details of their storage and possible future use 
p.000062:  –    how the study findings will be communicated on completion of the study, including to participants, and in what 
...
           
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
p.000062:  family members, close friends or medical consultants should be encouraged. 
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
...
Health / Physically Disabled
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p.000003:  objectives of developing national ethical guidelines are to: 
p.000003:  •    safeguard the rights and interests of participants in research and innovative practice 
p.000003:  •    promote high-quality ethical research for the social, cultural and economic wellbeing of society 
p.000003:  •    reflect the principles of the Treaty of Waitangi and protect Māori cultural interests, promote the wellbeing of 
p.000003:  Māori and ensure mechanisms for Māori participation in both research and ethical review 
p.000003:  •    foster awareness of ethical principles and practices among health care providers, researchers and the wider 
p.000003:  community 
p.000003:  •    give due consideration to local and national community views and perspectives on ethical review. 
p.000003:   
p.000003:  The 2012 revision was subject to a targeted consultation and the Committee is grateful to all who have contributed. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Victoria Hinson 
p.000003:  Chair, National Ethics Advisory Committee Kāhui Matatika o te Motu 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Ethical Guidelines for Intervention Studies       iii 
p.000003:   
p.000003:  Foreword to the 2009 edition 
p.000003:  Health professionals offer ‘interventions’ to prevent, diagnose or treat illness or disease. Intervention studies are 
p.000003:  their main source of reliable information about the safety and benefit of such interventions. These studies have been 
p.000003:  key sources for the large improvements in health care during the last 30 years. 
p.000003:   
p.000003:  In an intervention study, the investigator intervenes and then studies the effects of the intervention. This is usually 
p.000003:  done before a new intervention is approved for clinical use. A clinical trial of a new blood pressure medicine is an 
p.000003:  example of an intervention study. Through intervention studies, investigators can exercise the sort of critical 
p.000003:  thinking, innovation and evidence-based development of practice that improves patient care. This means that 
p.000003:  high-quality intervention studies are good for patient care. 
p.000003:   
p.000003:  For participants in an intervention study, the overall benefits and risks of the intervention being studied are 
p.000003:  uncertain. Most studies evaluate novel interventions that are thought likely to be improvements over current practice, 
p.000003:  but a study participant may or may not benefit from the intervention. There is also the potential for harm. It is 
p.000003:  therefore essential that intervention studies be ethically sound. One aspect of this involves weighing risks and 
p.000003:  benefits. Studies must also be scientifically sound, so that the results can reliably guide future health care. 
p.000003:   
p.000003:  In general, intervention studies involve higher risk than other kinds of studies. One reason for this is that two 
p.000003:  different roles and motivations are involved. A clinician wishes to provide the best care and an investigator wishes to 
...
           
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
p.000062:  •    Intervention studies should be conducted only if the risk to vulnerable people is at an acceptable minimum. (See 
p.000062:  also paragraph 5.35 below.) 
p.000062:  •    Study participation should be a matter of free and informed decision-making by study participants wherever 
...
           
p.000062:  participation, it is often appropriate to notify and seek advice from a person or persons with knowledge of, or 
p.000062:  responsibilities for, that vulnerable person. (See also ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.33       Where a study involving vulnerable people is conducted, additional support (often in the form of extra time, 
p.000062:  resources – such as modified information sheets or means of information delivery – and assistance) might need to be 
p.000062:  provided to ensure that such people can participate fully. 
p.000062:   
p.000062:  5.34       If the competence of a vulnerable person to decide her or his own study participation is unclear, it may be 
p.000062:  appropriate for an investigator to seek both the informed consent of that person and the informed agreement of another 
p.000062:  person who is interested in, or has responsibilities for, that person’s welfare. (See also ‘Non-consensual studies’, 
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
p.000062:  required. An acceptable standard is to be determined having regard to the anticipated risk of the study to 
p.000062:  participants, and is the standard reasonably to be expected of the facility in which the study is undertaken, or at 
p.000062:  least the standard expected of a competent general practitioner working in her or his surgery. (See also ‘Study 
p.000062:  locality’, paragraphs 5.45–5.47.) 
p.000062:   
...
           
p.000062:  nature. 
p.000062:   
p.000062:  6.54       For studies with an independent DMC, that DMC should ideally be the only party to whom the data analysis 
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
p.000062:  •    where studies are carried out in emergency settings (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.57       In settings other than those stated in paragraphs 6.55–6.56, some aspects of the oversight provided by a DMC 
p.000062:  may still be valuable, and could be carried out by a group that is not fully independent of the study, sometimes termed 
p.000062:  an ‘internal’ DMC (Ellenberg et al 2003: 157–8). An internal DMC can significantly improve patient safety and trial 
p.000062:  integrity through regular meetings to review data on study conduct and relative efficacy and safety. Its membership 
p.000062:  should be multidisciplinary, and may include the principal (clinical) investigator for the study and the study 
p.000062:  statistician. 
p.000062:   
p.000062:  6.58       The table below gives an indication of the most appropriate form of DMC monitoring for an intervention study 
p.000062:  (Ellenberg et al 2003: 160). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     29 
p.000062:   
p.000062:  Appropriate form of DMC monitoring 
p.000062:  Type of setting1                                  Imperatives                                  Need for DMC 
p.000062:  Ethical integrity    Credibility     Independent DMC   Internal DMC 
p.000062:  Setting 1 
p.000062:  Randomised trials (phases IIb, III, IV)   Yes                        Yes                 Yes 
p.000062:  – Randomised trials (phases I, IIa)         Yes                        Likely              Maybe 
p.000062:  Likely2 Non-randomised trials                          Yes                        Maybe            Unlikely 
p.000062:  Likely2 Setting 2 
...
           
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
p.000062:  •    What orders has the consumer given in a power of attorney or otherwise? 
p.000062:  •    How long is the consumer expected to be unconscious? 
p.000062:  •    What do the consumer’s relatives think? 
p.000062:   
p.000062:  The list is not exhaustive, and depending on the particular circumstances other considerations may be relevant. 
p.000062:   
p.000062:  Researchers should demonstrate that they have adequate procedures in place for determining in each specific case 
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
p.000062:  participate in research for which alternative, not similarly burdened, populations of participants exist. 
p.000062:   
p.000062:  Nevertheless, it may often be necessary to involve consumers with a terminal illness in research concerning their 
p.000062:  disease and its treatment. Further, consumers with a terminal illness should not be excluded, simply because of their 
p.000062:  status, from research in which they may want to participate. Individuals with a terminal illness are a vulnerable 
p.000062:  population of research participants, and therefore require additional protection against coercion and undue influence. 
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
p.000062:  individuals would like to take investigational drugs that may not be available except through limited, well-controlled 
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
p.000062:  family members, close friends or medical consultants should be encouraged. 
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
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p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
...
Health / Terminally Ill
Searching for indicator terminally:
(return to top)
           
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
...
Searching for indicator terminal:
(return to top)
           
p.000062:  person’s decision should be respected. Even when a vulnerable person is competent to decide her or his own study 
p.000062:  participation, it is often appropriate to notify and seek advice from a person or persons with knowledge of, or 
p.000062:  responsibilities for, that vulnerable person. (See also ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.33       Where a study involving vulnerable people is conducted, additional support (often in the form of extra time, 
p.000062:  resources – such as modified information sheets or means of information delivery – and assistance) might need to be 
p.000062:  provided to ensure that such people can participate fully. 
p.000062:   
p.000062:  5.34       If the competence of a vulnerable person to decide her or his own study participation is unclear, it may be 
p.000062:  appropriate for an investigator to seek both the informed consent of that person and the informed agreement of another 
p.000062:  person who is interested in, or has responsibilities for, that person’s welfare. (See also ‘Non-consensual studies’, 
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
p.000062:  required. An acceptable standard is to be determined having regard to the anticipated risk of the study to 
p.000062:  participants, and is the standard reasonably to be expected of the facility in which the study is undertaken, or at 
p.000062:  least the standard expected of a competent general practitioner working in her or his surgery. (See also ‘Study 
...
           
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
p.000062:  •    What orders has the consumer given in a power of attorney or otherwise? 
p.000062:  •    How long is the consumer expected to be unconscious? 
p.000062:  •    What do the consumer’s relatives think? 
p.000062:   
p.000062:  The list is not exhaustive, and depending on the particular circumstances other considerations may be relevant. 
p.000062:   
p.000062:  Researchers should demonstrate that they have adequate procedures in place for determining in each specific case 
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
p.000062:  participate in research for which alternative, not similarly burdened, populations of participants exist. 
p.000062:   
p.000062:  Nevertheless, it may often be necessary to involve consumers with a terminal illness in research concerning their 
p.000062:  disease and its treatment. Further, consumers with a terminal illness should not be excluded, simply because of their 
p.000062:  status, from research in which they may want to participate. Individuals with a terminal illness are a vulnerable 
p.000062:  population of research participants, and therefore require additional protection against coercion and undue influence. 
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
p.000062:  individuals would like to take investigational drugs that may not be available except through limited, well-controlled 
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
p.000062:  family members, close friends or medical consultants should be encouraged. 
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
...
Health / Unconscious People
Searching for indicator unconscious:
(return to top)
           
p.000062:  disabilities may be unable to read and/or write, and other methods of obtaining and recording informed consent may be 
p.000062:  more appropriate. 
p.000062:   
p.000062:  The critical ethical issue relates to obtaining consent based on information and non-coercion. To assure other people 
p.000062:  that this has occurred, it is necessary to have a permanent record. An audiotape of an oral discussion of the 
p.000062:  researcher and a participant involving information provision and decision-making can provide an even fuller record of 
p.000062:  the validity of the consent obtained than a signature on a consent form. 
p.000062:   
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Applicable legislation includes: 
p.000062:  •    sections 6 and 18 of the Protection of Personal and Property Rights Act 1988 
p.000062:  •    section 17 of the Judicature Act 1908 
p.000062:  •    Rights 7 and 7(3) of the Code of Health and Disability Services Consumers’ Rights 1996. 
p.000062:   
p.000062:  Case law with regard to section 17 of the Judicature Act 1908 has said that the approval of the court is required when 
p.000062:  the: 
p.000062:  •    principal or a major aim of the surgical procedure has a non-therapeutic purpose 
p.000062:  •    medical procedure involves interference with a basic human right. 
p.000062:   
p.000062:   
p.000062:  Research involving unconscious participants 
p.000062:  Research involving unconscious participants may involve the use of an innovative practice or the evaluation of an 
p.000062:  established therapeutic practice or treatment. In some circumstances, research may involve the delivery of therapeutic 
p.000062:  interventions in emergency situations (such as consumers requiring intensive care). Whatever the case, research 
p.000062:  involving unconscious participants raises special problems regarding informed consent. 
p.000062:   
p.000062:  This section addresses issues arising where individuals are unconscious at the time their participation in research is 
p.000062:  being considered. When it is foreseeable that treatment will be needed and participants can be identified in advance 
p.000062:  (for example, a study to be performed after elective major surgery), informed consent may be obtained well before the 
p.000062:  surgery. 
p.000062:   
p.000062:   
p.000062:  Ethical issues 
p.000062:  There is a general expectation that research involving participants will not be conducted without first obtaining 
p.000062:  informed consent from each participant. Research involving unconscious participants differs from standard research 
p.000062:  because the participants are unable to provide informed consent. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  52   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  In a situation where a therapeutic intervention is needed and there is no alternative method of approved or generally 
p.000062:  recognised therapy that provides an equal or greater likelihood of benefiting the consumer, either by saving the 
p.000062:  person’s life or improving or preventing deterioration in their physical and mental health, an innovative practice 
p.000062:  might be used to treat a consumer who cannot give informed consent if, in the opinion of the health professional, it is 
p.000062:  the most promising treatment available and it is, in their opinion, in the best interest of the consumer. 
p.000062:   
p.000062:  Consumers, their families and/or legal representatives should be provided with pertinent information when, and if, it 
p.000062:  becomes possible and appropriate to do so. 
p.000062:   
p.000062:  Wherever possible, families and/or legal representatives should be informed and given the opportunity to express their 
p.000062:  views prior to undertaking any research. The health professional should take into account the views of those suitable 
p.000062:  persons who are interested in the welfare of the consumer and are available to advise the provider. In emergency 
p.000062:  situations, decisions about a consumer’s treatment (and hence, in some cases, their participation in research) may have 
p.000062:  to be made too quickly to consult with families and/or legal representatives. Whatever the case, the health 
p.000062:  practitioner must always act in the best interests of the consumer. 
p.000062:   
p.000062:  When a consumer recovers consciousness and is able to give informed consent, researchers should seek their consent to 
p.000062:  continue with the research. 
p.000062:   
p.000062:  If the proposed treatment is contrary to the known wishes of the consumer, the consumer should be excluded from the 
p.000062:  study and provided with standard care. 
p.000062:   
p.000062:   
p.000062:  Research involving the provision of health care 
p.000062:  Research involving unconscious participants may involve the provision of health care. Health practitioners are required 
p.000062:  to observe a standard of care and skill to be reasonably expected in the circumstances in which treatment is provided. 
p.000062:   
p.000062:  Except in specific circumstances, health practitioners are also required to obtain informed consent from the consumer 
p.000062:  or a person entitled to give consent on behalf of that consumer before providing treatment. 
p.000062:   
p.000062:  One of the exceptions is in an emergency situation, where a health practitioner may, out of necessity, treat a consumer 
p.000062:  where the consumer cannot give consent and it is not possible to obtain consent from a person entitled to give consent 
p.000062:  on behalf of that consumer. The action or treatment must be appropriate and reasonable in the circumstances and not 
p.000062:  more extensive than required. Any action or treatment must be in the best interest of the consumer’s life or physical 
p.000062:  or mental health and must not be contrary to the known wishes of the consumer. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     53 
p.000062:   
p.000062:  Risks and benefits 
p.000062:  The risks and benefits of studies involving unconscious consumers may vary from extremely high to negligible. At one 
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
p.000062:  •    What orders has the consumer given in a power of attorney or otherwise? 
p.000062:  •    How long is the consumer expected to be unconscious? 
p.000062:  •    What do the consumer’s relatives think? 
p.000062:   
p.000062:  The list is not exhaustive, and depending on the particular circumstances other considerations may be relevant. 
p.000062:   
p.000062:  Researchers should demonstrate that they have adequate procedures in place for determining in each specific case 
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
p.000062:  participate in research for which alternative, not similarly burdened, populations of participants exist. 
p.000062:   
p.000062:  Nevertheless, it may often be necessary to involve consumers with a terminal illness in research concerning their 
p.000062:  disease and its treatment. Further, consumers with a terminal illness should not be excluded, simply because of their 
p.000062:  status, from research in which they may want to participate. Individuals with a terminal illness are a vulnerable 
...
Searching for indicator unconscious people:
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p.000062:  person’s decision should be respected. Even when a vulnerable person is competent to decide her or his own study 
p.000062:  participation, it is often appropriate to notify and seek advice from a person or persons with knowledge of, or 
p.000062:  responsibilities for, that vulnerable person. (See also ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.33       Where a study involving vulnerable people is conducted, additional support (often in the form of extra time, 
p.000062:  resources – such as modified information sheets or means of information delivery – and assistance) might need to be 
p.000062:  provided to ensure that such people can participate fully. 
p.000062:   
p.000062:  5.34       If the competence of a vulnerable person to decide her or his own study participation is unclear, it may be 
p.000062:  appropriate for an investigator to seek both the informed consent of that person and the informed agreement of another 
p.000062:  person who is interested in, or has responsibilities for, that person’s welfare. (See also ‘Non-consensual studies’, 
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
p.000062:  required. An acceptable standard is to be determined having regard to the anticipated risk of the study to 
p.000062:  participants, and is the standard reasonably to be expected of the facility in which the study is undertaken, or at 
...
           
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     53 
p.000062:   
p.000062:  Risks and benefits 
p.000062:  The risks and benefits of studies involving unconscious consumers may vary from extremely high to negligible. At one 
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
...
Health / ill
Searching for indicator ill:
(return to top)
           
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
...
           
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
p.000062:  individuals would like to take investigational drugs that may not be available except through limited, well-controlled 
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
...
Health / patients in emergency situations
Searching for indicator emergency situation:
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p.000062:  persons who are interested in the welfare of the consumer and are available to advise the provider. In emergency 
p.000062:  situations, decisions about a consumer’s treatment (and hence, in some cases, their participation in research) may have 
p.000062:  to be made too quickly to consult with families and/or legal representatives. Whatever the case, the health 
p.000062:  practitioner must always act in the best interests of the consumer. 
p.000062:   
p.000062:  When a consumer recovers consciousness and is able to give informed consent, researchers should seek their consent to 
p.000062:  continue with the research. 
p.000062:   
p.000062:  If the proposed treatment is contrary to the known wishes of the consumer, the consumer should be excluded from the 
p.000062:  study and provided with standard care. 
p.000062:   
p.000062:   
p.000062:  Research involving the provision of health care 
p.000062:  Research involving unconscious participants may involve the provision of health care. Health practitioners are required 
p.000062:  to observe a standard of care and skill to be reasonably expected in the circumstances in which treatment is provided. 
p.000062:   
p.000062:  Except in specific circumstances, health practitioners are also required to obtain informed consent from the consumer 
p.000062:  or a person entitled to give consent on behalf of that consumer before providing treatment. 
p.000062:   
p.000062:  One of the exceptions is in an emergency situation, where a health practitioner may, out of necessity, treat a consumer 
p.000062:  where the consumer cannot give consent and it is not possible to obtain consent from a person entitled to give consent 
p.000062:  on behalf of that consumer. The action or treatment must be appropriate and reasonable in the circumstances and not 
p.000062:  more extensive than required. Any action or treatment must be in the best interest of the consumer’s life or physical 
p.000062:  or mental health and must not be contrary to the known wishes of the consumer. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     53 
p.000062:   
p.000062:  Risks and benefits 
p.000062:  The risks and benefits of studies involving unconscious consumers may vary from extremely high to negligible. At one 
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
...
Health / visual impairment
Searching for indicator blind:
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p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
p.000062:  Blinding prevents people involved in the study from knowing which intervention a participant has been allocated to. It 
p.000062:  is used in some intervention studies to minimise bias and maximise the reliability of study findings. In a single-blind 
p.000062:  study one group is blinded. Usually this group is the participants, who do not know which study group they have been 
p.000062:  allocated to. In a double – blind study two groups are blinded. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  4     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Usually these two groups are the participants and the investigator(s) administering the interventions: neither group 
p.000062:  knows which intervention the participants have been allocated to. Other groups that may be blinded include the outcome 
p.000062:  assessors, data analysts and those writing the study report. 
p.000062:   
p.000062:   
p.000062:  Scope of these Guidelines 
p.000062:  2.12       These Guidelines apply to intervention studies in New Zealand health and disability settings. Intervention 
p.000062:  studies differ from observational studies because, in the latter, the study investigator has no control over the study 
p.000062:  conditions and merely collects data. For guidance on observational studies, see the Ethical Guidelines for 
p.000062:  Observational Studies (NEAC 2012). 
p.000062:   
p.000062:  2.13       The Guidelines do not normally concern interventions in observational studies (eg, biopsies), where such 
p.000062:  interventions are carried out to obtain information rather than to study the effect of the intervention. 
p.000062:   
p.000062:  2.14       Intervention studies may involve the collection and use of human tissue. Specific guidance on the collection 
p.000062:  and use of human materials can be found in Guidelines on Ethics in Health Research (HRC 2005b). 
p.000062:   
p.000062:  2.15       All clinical research involving the manipulation of human genetic material must be approved by the Health 
...
Searching for indicator blinded:
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p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
p.000062:  Blinding prevents people involved in the study from knowing which intervention a participant has been allocated to. It 
p.000062:  is used in some intervention studies to minimise bias and maximise the reliability of study findings. In a single-blind 
p.000062:  study one group is blinded. Usually this group is the participants, who do not know which study group they have been 
p.000062:  allocated to. In a double – blind study two groups are blinded. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  4     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Usually these two groups are the participants and the investigator(s) administering the interventions: neither group 
p.000062:  knows which intervention the participants have been allocated to. Other groups that may be blinded include the outcome 
p.000062:  assessors, data analysts and those writing the study report. 
p.000062:   
p.000062:   
p.000062:  Scope of these Guidelines 
p.000062:  2.12       These Guidelines apply to intervention studies in New Zealand health and disability settings. Intervention 
p.000062:  studies differ from observational studies because, in the latter, the study investigator has no control over the study 
p.000062:  conditions and merely collects data. For guidance on observational studies, see the Ethical Guidelines for 
p.000062:  Observational Studies (NEAC 2012). 
p.000062:   
p.000062:  2.13       The Guidelines do not normally concern interventions in observational studies (eg, biopsies), where such 
p.000062:  interventions are carried out to obtain information rather than to study the effect of the intervention. 
p.000062:   
p.000062:  2.14       Intervention studies may involve the collection and use of human tissue. Specific guidance on the collection 
p.000062:  and use of human materials can be found in Guidelines on Ethics in Health Research (HRC 2005b). 
p.000062:   
p.000062:  2.15       All clinical research involving the manipulation of human genetic material must be approved by the Health 
p.000062:  Research Council’s Gene Technology Advisory Committee. See also: 
p.000062:  •    Guidelines for Using Cells from Established Human Embryonic Stem Cell Lines for Research (Ministry of Health 
p.000062:  2006a) 
p.000062:  •    Guidelines for the Use of Human Tissue for Future Unspecified Research Purposes 
p.000062:  (Ministry of Health 2007) 
p.000062:  •    the Human Tissue Act 2008 (in particular sections 9, 14, 19, 20, 21, 22, 24 and 31). 
p.000062:   
p.000062:  2.16       Some studies to evaluate health products are not intervention studies because their primary purpose is to 
...
Social / Access to Social Goods
Searching for indicator access:
(return to top)
           
p.000062:  Reproductive Technology Act 2004 (the HART Act). The Guidelines may then constitute ‘applicable ethical standards’ for 
p.000062:  the purposes of the HART Act 2004, section 27(4). 
p.000062:   
p.000062:  1.7         The Guidelines are based on statements from New Zealand and international guidelines (see the References). 
p.000062:  They accord with key international guidance, including the World Medical Association Declaration of Helsinki: Ethical 
p.000062:  principles for medical research involving human subjects (WMA 2008), the International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002) and the ICH Harmonised Tripartite Guideline: Guideline for 
p.000062:  good clinical practice (ICH 1996). Researchers should be familiar with relevant sources of international and domestic 
p.000062:  ethical guidance materials (see the References). In the domestic context, researchers should also be aware of 
p.000062:  guidelines relating to research involving Māori, such as the Health Research Council’s Guidelines for Researchers on 
p.000062:  Health Research involving Māori, and NEAC’s resource document Māori Research Ethics: An overview (in press). 
p.000062:   
p.000062:  1.8         These Guidelines are written primarily for investigators conducting intervention studies. They are 
p.000062:  structured and ordered around ethical issues relating to the process of designing and conducting a study, from the 
p.000062:  beginning stages of developing a study question through to the communication of study results and post-study access to 
p.000062:  interventions. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        1 
p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
p.000062:  Disability Act 2000, section 11. The SOPs were created in 2012 in response to the Government response to a Select 
p.000062:  Committee inquiry into improving New Zealand’s environment to support innovation through clinical trials. They provide 
p.000062:  procedural guidance to HDECs and researchers, and set out the scope of HDEC review and information about how HDECs 
p.000062:  process applications. These Guidelines set the ethical standards that must be met or exceeded in all health and 
p.000062:  disability research, whether or not it requires HDEC review. The SOPs apply to intervention studies, but these 
p.000062:  Guidelines have precedence over the SOPs on any point of conflict relating to ethical standards and principles that 
p.000062:  must be met or exceeded in all health and disability research. 
p.000062:   
p.000062:  1.10       These Guidelines include references to legislation. It is the investigator’s responsibility to comply with 
p.000062:  all relevant legal requirements, including those set out in the: 
p.000062:  •    Accident Compensation Act 2001 
p.000062:  •    Care of Children Act 2004 
p.000062:  •    New Zealand Bill of Rights Act 1990 
...
           
p.000062:  intervention that is equivalent to the best, according to the current evidence. 
p.000062:   
p.000062:  5.14       All intervention studies should meet the best intervention standard, unless there are only temporary and 
p.000062:  minimal departures from the best intervention standard and the departure (and any risk posed) is justified in relation 
p.000062:  to the overall potential benefits of the study. 
p.000062:   
p.000062:  5.15       Withholding a proven intervention for a short time, whether or not it is replaced by a placebo, can 
p.000062:  sometimes be ethically justified to validate a measurement technique or to confirm the sensitivity of a therapeutic 
p.000062:  study design. An investigator who proposes any such approach should justify this to an ethics committee and explain how 
p.000062:  it can be undertaken without significant risk of harm to participants. 
p.000062:   
p.000062:  5.16       In some cases, one or more interventions provided in an intervention study are equivalent to the best proven 
p.000062:  intervention available locally outside the study but are known to be inferior to the best proven intervention available 
p.000062:  internationally. In such cases, the study can be justified only if the world-best intervention is unlikely to be 
p.000062:  available locally for the duration of the study and if the study can be justified in terms of its potential benefit to 
p.000062:  the community from which the participants are drawn. The same considerations apply to New Zealand-sponsored studies 
p.000062:  conducted in countries with less access to health interventions than New Zealand. 
p.000062:   
p.000062:  5.17       Investigators should ensure that participants understand that their participation in an intervention study 
p.000062:  is not designed to benefit them more than the benefit they would gain if they were instead receiving the best proven 
p.000062:  intervention available outside the study. (See also ‘Equipoise standard’, paragraphs 5.18–5.21.) 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  12   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Equipoise standard 
p.000062:  5.18       An intervention study meets the equipoise standard if the evidence is ‘equally poised’ as to the overall 
p.000062:  balance of risks and benefits of each of the interventions offered in the study, so that it cannot be determined in 
p.000062:  advance which of the groups in a proposed study will be better off. 
p.000062:   
p.000062:  5.19       Any intervention study to compare two or more interventions should be designed to meet the equipoise 
p.000062:  standard. For example, study participants may not be assigned to different interventions when the available evidence 
p.000062:  demonstrates that one intervention has a better expected overall balance of benefits over risks than the other(s). 
p.000062:   
p.000062:  5.20       Equipoise is a matter of the evidence that should inform the decisions of study designers and study 
p.000062:  investigators. In the case of some proposed studies there may be reasonable professional debate about whether or not 
p.000062:  the evidence is in equipoise. However genuinely felt, an individual feeling of certainty or uncertainty is not enough 
p.000062:  to demonstrate the presence or absence of equipoise. 
p.000062:   
...
           
p.000062:  Clinical Trials Registry (ANZCTR),the International Standard Randomised Controlled Trial Number (ISRCTN) Register and 
p.000062:  the ClinicalTrials.gov trial registry maintained by the United States National Institutes of Health. 
p.000062:   
p.000062:  5.43       Registered trial details should include the data items identified by the WHO Trial Registration Data Set, 
p.000062:  including: 
p.000062:  •    public and scientific titles 
p.000062:  •    the sponsor(s) 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  16   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    the study intervention(s) 
p.000062:  •    the primary and secondary outcomes 
p.000062:  •    the target sample size. 
p.000062:   
p.000062:  5.44       New Zealand-based clinical trials must be registered on the ANZCTR (www.anzctr.org.au). International trials 
p.000062:  that have a New Zealand arm should likewise be registered with an appropriate register. 
p.000062:   
p.000062:   
p.000062:  Study locality 
p.000062:   
p.000062:  5.45       Investigators should ensure that they comply with internal organisational requirements when conducting 
p.000062:  intervention studies. The appropriate approach will vary from organisation to organisation; as such, organisations 
p.000062:  might also specify their own processes regarding notification or approval. 
p.000062:   
p.000062:  5.46       The appropriateness of the study locality should be considered in terms of the following factors. 
p.000062:  •    The facility must be of an adequate standard to ensure safe and appropriate conduct of the study. Meeting this 
p.000062:  standard requires appropriate expertise of staff to conduct the study and manage any adverse events that may result. 
p.000062:  •    The facility must be of an adequate standard to implement the study without any adverse effect on access to 
p.000062:  treatment at that facility. 
p.000062:   
p.000062:  5.47       For information on locality authorisation required as part of HDEC approval, see the SOPs 
p.000062:  (www.ethics.health.govt.nz). Early engagement in the locality authorisation process is desirable. 
p.000062:   
p.000062:   
p.000062:  Studies with distinctive features 
p.000062:   
p.000062:  Non-therapeutic studies 
p.000062:   
p.000062:  5.48       Therapeutic intervention studies examine interventions or procedures that hold the prospect of direct 
p.000062:  diagnostic, therapeutic or preventive benefit for individual participants. Non-therapeutic studies examine 
p.000062:  interventions that do not hold the prospect of direct diagnostic, therapeutic or preventive benefit to individual 
p.000062:  participants. Types of non- therapeutic studies include some phase I studies (see also ‘Phase I studies’, paragraphs 
p.000062:  5.50–5.51), bioequivalence studies and bioavailability studies (see Glossary). 
p.000062:   
p.000062:  5.49       A non-therapeutic intervention study is justified only when the importance of the objective outweighs the 
p.000062:  inherent risks and burdens to the participant, and participants are well informed of the possible risks (see also 
p.000062:  ‘Non-consensual studies’, paragraphs 6.24–6.29). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     17 
p.000062:   
p.000062:  Phase I studies 
p.000062:   
p.000062:  5.50       Phase I studies test interventions in human populations, often for the first time (see Glossary). These 
p.000062:  interventions may already have established risk profiles from other studies in humans (eg, a new combination of two 
p.000062:  established agents where the potential interaction between them is in question rather than the tolerability of either 
p.000062:  used on its own). Some phase I studies are ‘first-in-human’ studies, where subjects are administered an intervention 
p.000062:  that has not previously been given to humans. In these circumstances  the investigators rely on pre-clinical data and, 
p.000062:  where available, previous human experience with similar interventions. Some first-in-human studies therefore may be of 
p.000062:  significantly higher risk to subjects. 
p.000062:   
p.000062:  5.51       Following a first-in-human phase I study in the United Kingdom where six volunteers required intensive care 
p.000062:  support due to severe adverse reactions, an independent report on these events was commissioned (Expert Scientific 
p.000062:  Group on Phase I Clinical Trials 2006). The report focused on the study of higher risk compounds such as those that may 
p.000062:  have a novel mechanism of action, a highly species-specific action, or that directed towards immune system targets. 
p.000062:  Although risk assessment of individual phase I studies in New Zealand is the role of regulatory bodies such as the 
p.000062:  Standing Committee on Therapeutic Trials (SCOTT), phase I study investigators should be familiar with the 
p.000062:  22 recommendations made in the Expert Scientific Group’s report (pp 6–11) in order to evaluate their capability to 
p.000062:  conduct the study in an ethically acceptable manner. These recommendations cover: 
p.000062:  •    pre-clinical and early clinical development 
p.000062:  •    the process of preparation and review of clinical trial applications, and early access to advice for both 
p.000062:  regulators and sponsors 
p.000062:  •    determining and administering initial doses in humans 
p.000062:  •    the clinical environment for first-in-human studies 
p.000062:  •    developing the skills and training to meet future needs. 
p.000062:   
p.000062:   
p.000062:  Community intervention studies 
p.000062:   
p.000062:  5.52       In a community intervention study, interventions are allocated primarily to whole communities or groups (see 
p.000062:  Glossary). Before undertaking a community intervention study the investigator must make every effort to ensure that: 
p.000062:  •    the study is responsive to the health needs and priorities of the population 
p.000062:  •    any intervention or product developed will be made reasonably available for the benefit of that population or 
p.000062:  community. 
p.000062:   
p.000062:  5.53       Individual consent to participate in a community intervention study should not be required if gaining that 
p.000062:  consent is impracticable, and if the benefits from the study are sufficient and the potential harms minimal. An example 
p.000062:  of such a study might be one examining the effects of a media campaign to reduce adolescent tobacco use. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  18   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.54       In general, where there is some engagement with affected communities before and during the conduct of the 
p.000062:  study, there is more likely to be long-term benefit to study participants and to the community. 
p.000062:   
p.000062:  5.55       To the extent possible, and whenever appropriate, investigators should involve community representatives in 
...
           
p.000062:  (a)         The decision is informed by adequate understanding of any information that is relevant to that decision. 
p.000062:  (b)         The decision is voluntary, and is therefore free from undue influence such as manipulation or coercion. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
p.000062:  participants’ informed consent. Ethics committees are responsible for checking that proposed study information sheets 
p.000062:  and consent forms enhance informed consent of this nature. 
p.000062:   
p.000062:  6.14       Providing information that is too detailed or complex can frustrate rather than assist free and informed 
p.000062:  consent. If a consent form or information sheet for a study is very long and complex, participants may be overwhelmed 
p.000062:  by the information and may not be able to process the critical information. Further detail about informed consent for 
p.000062:  specific groups is located in the appendices to this document. 
p.000062:   
...
           
p.000062:  be contacted to answer questions and how to contact them 
p.000062:  –    the study’s status, with a current approval from an ethics committee 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  22   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    describe what the study involves, including: 
p.000062:  –    what will be done in the study, including how participation in it will differ from not being in the study 
p.000062:  –    the time involved in participation (eg, the number and duration of any visits to the research centre, and the 
p.000062:  expected finishing date of the study) 
p.000062:  –    the purpose and expected number of any extra tests to be performed during the study 
p.000062:  •    outline potential benefits, risks and compensation, covering: 
p.000062:  –    foreseeable risks, side-effects, discomforts and possible direct benefits of study participation, including any 
p.000062:  risks or benefits to the health of a participant’s family members 
p.000062:  –    arrangements for personal compensation for injury, including whether the study is covered by the Accident 
p.000062:  Compensation Act 2001 
p.000062:  –    payments or other forms of reimbursement, if any, provided in recognition of participation 
p.000062:  –    the extent of the investigator’s responsibility to ensure that care is provided to participants during the study 
p.000062:  •    explain the rights of participants, covering: 
p.000062:  –    the voluntary nature of participation, including that they are free to decline to participate or to withdraw from 
p.000062:  the research at any practicable time, without experiencing any disadvantage 
p.000062:  –    the fact that participants have the right to access information about themselves collected as part of the study 
p.000062:  –    the fact that participants will be told of any new information about adverse or beneficial effects related to the 
p.000062:  study that becomes available during the study that may have an impact on their health 
p.000062:  –    what provision will be made for the privacy and confidentiality of individuals 
p.000062:  •    describe what will happen after the study, covering: 
p.000062:  –    whether any study intervention will be available to participants after the study and, if so, under what conditions 
p.000062:  (including any cost to them) 
p.000062:  –    how study data will be stored and for how long, whether the data will be retained for possible future use, who 
p.000062:  will be responsible for their secure storage and how they will be destroyed 
p.000062:  –    whether any biological specimens collected during the research will be destroyed at its conclusion and, if not, 
p.000062:  details of their storage and possible future use 
p.000062:  –    how the study findings will be communicated on completion of the study, including to participants, and in what 
p.000062:  expected timeframe. 
p.000062:   
p.000062:  6.23       Paragraph 6.22 is subject to the principles stated in ‘Free and informed consent – General principles’, 
p.000062:  paragraphs 6.6–6.21, and ‘Vulnerable people’, paragraphs 5.28– 
p.000062:  5.35. For a pro forma consent form, see the Application Form for Health and Disability Ethics Committees. For an 
p.000062:  example of an information sheet, see the WHO consent form templates 
...
           
p.000062:  and/or the study sponsor (factors determining the need for an independent DMC are outlined in paragraphs 6.51–6.58 
p.000062:  below). 
p.000062:   
p.000062:   
p.000062:  A coordinating centre/database monitoring 
p.000062:   
p.000062:  6.45       A trial coordinating centre monitors data as they enter the database during the course of the trial. This 
p.000062:  monitoring includes: checking the data against the protocol and for internal logic; and checking eligibility, 
p.000062:  recruitment rates, withdrawals, missing data and loss to follow-up. This monitoring should be done for all trials to 
p.000062:  ensure integrity of study data. 
p.000062:   
p.000062:   
p.000062:  On-site monitoring 
p.000062:   
p.000062:  6.46       Monitors visit study sites to check adherence to study protocol and good clinical practice guidelines. This 
p.000062:  normally includes checking informed consent and eligibility, checking data on study case report forms against source 
p.000062:  data, and checking adverse event reporting. The appropriate extent of on-site monitoring depends on factors such as the 
p.000062:  degree of risk, the complexity of the study, blinding and the experience of sites (ICH 1996). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     27 
p.000062:   
p.000062:  Data monitoring committee 
p.000062:  6.47       A DMC is an advisory body responsible for monitoring emerging safety and efficacy data, reviewing trial 
p.000062:  conduct and making recommendations to the trial steering committee and study sponsor(s). Normally, the DMC should have 
p.000062:  sole access to the data emerging in the study. The DMC makes recommendations on early termination of the study if there 
p.000062:  is convincing evidence of benefit, unfavourable results ruling out benefit, safety concerns or a low probability of the 
p.000062:  trial achieving its objectives. (For an example of DMC operating guidelines, see www.hrc.govt.nz.) 
p.000062:   
p.000062:  6.48       The primary responsibilities of a DMC are to: 
p.000062:  •    safeguard the interests of the study participants 
p.000062:  •    preserve the integrity and credibility of the study so that future patients may be treated optimally 
p.000062:  •    ensure definitive and reliable results are available in a timely way to the health care community. 
p.000062:   
p.000062:  6.49       Where the risks of a study are low, it may be appropriate for there not to be a DMC. 
p.000062:   
p.000062:  6.50       Where a DMC is appropriate, the following criteria apply. 
p.000062:  •    The DMC’s monitoring plan should specify the DMC membership, with a brief indication of the expertise of the 
p.000062:  members, both in the study area and on DMCs. 
p.000062:  •    The DMC should have operating guidelines, including statements as to the data to be reviewed, the timing and form 
p.000062:  of meetings, and reporting policy (HRC 2005a). 
p.000062:  •    Plans for any interim analysis of both efficacy and safety data and criteria for early termination should be 
p.000062:  specified in the study protocol, and agreed between the study sponsor, the trial steering committee and the DMC. These 
p.000062:  plans should be appropriate to the setting. They should indicate the statistical approach for preserving overall error 
p.000062:  rates when multiple analyses are carried out, and should give appropriate recognition to the unreliability of early 
p.000062:  results due to random fluctuations. 
p.000062:   
p.000062:   
p.000062:  The independence of the data monitoring committee 
p.000062:   
...
           
p.000062:  interpretation of the safety signals would require an interim report on safety and efficacy, in a form unblinded by 
p.000062:  intervention arm. Any interventional study with potential for serious treatment-related adverse events should have a 
p.000062:  mechanism in place for prompt reporting, recognition, and response to SAEs and SUSARS. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     31 
p.000062:   
p.000062:  Terminating a study 
p.000062:  6.63       There are some circumstances (eg, a major deviation from study protocol) that may make it appropriate to 
p.000062:  terminate an intervention study early. 
p.000062:   
p.000062:  6.64       For any study with a DMC, any issues about early termination of the study should be addressed in the study’s 
p.000062:  monitoring plan (see also paragraphs 6.39, 6.42, 6.47, 6.50), and any early termination of the study should be in 
p.000062:  accordance with the study’s monitoring plan and under the advice of the DMC. For any study without a DMC, the study’s 
p.000062:  monitoring plan should include comment on whether (and if so under what conditions) early termination of the study 
p.000062:  would be considered. 
p.000062:   
p.000062:  6.65       Studies should not be terminated simply for reasons of commercial interest or public relations. 
p.000062:   
p.000062:   
p.000062:  Care of participants 
p.000062:  6.66       Investigators have an obligation to ensure the availability of health care services that are essential to 
p.000062:  the safe conduct of a study and for any participants who suffer injury as a consequence of study interventions. 
p.000062:   
p.000062:  6.67       Ideally, phase III intervention studies should be designed to assure that every participant has post-study 
p.000062:  access to the best-proven intervention. The minimum requirement is that investigators make clear to all participants 
p.000062:  the post-study access arrangements, including any uncertainties in this regard. The sponsor and investigator should 
p.000062:  also pursue matters of access to effective interventions for study and target populations with relevant authorities. In 
p.000062:  most intervention studies it cannot be known which intervention is best until after the study has been completed. 
p.000062:   
p.000062:   
p.000062:  Clinical responsibilities 
p.000062:  6.68       Responsibilities to inform other health professionals of a participant’s study involvement depend on the 
p.000062:  nature of the study. For some studies the investigator should inform professionals responsible for the health care of 
p.000062:  participants of their participation in a study, usually at the time of enrolment in the study, and provide information 
p.000062:  about the possible health implications of this involvement. For other studies, informing other health professionals is 
p.000062:  desirable, with the participant’s consent. There are also some studies (eg, where risk is minimal – see paragraph 4.13) 
p.000062:  for which it is not necessary to inform any other professional of the participant’s study participation. (See also 
p.000062:  paragraphs 6.5 and 7.9–7.11.) 
p.000062:   
p.000062:  6.69       Participants (and their main care provider) must be informed of any clinically significant abnormal 
p.000062:  laboratory results or clinical observations that develop or are detected during the course of a study. Appropriate 
p.000062:  follow-up must be arranged. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  32   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.70       Where participants are found through the conduct of a study to have a previously undetected health care need 
p.000062:  that is not directly related to the study, arrangements should be made for them to receive that care. Investigators and 
...
           
p.000062:  breached, the investigator should first make a reasonable attempt to inform participant(s) of the event and the reasons 
p.000062:  for it. 
p.000062:   
p.000062:  7.12       Investigators have an obligation to advocate for the release of information that is in the public interest, 
p.000062:  even when data are retained by governmental, commercial or other sponsors. 
p.000062:   
p.000062:  7.13       Investigators should strive to ensure that, at a minimum, study results are interpreted and reported on 
p.000062:  accurately. Where possible, they should also anticipate and avoid any misinterpretation of study results that might 
p.000062:  cause harm. 
p.000062:   
p.000062:  7.14       Investigators have an obligation to disclose to participants and their legal proxies, where applicable, any 
p.000062:  unforeseen risks discovered during the course of a study, and any other new information that might reasonably affect 
p.000062:  their consent to participate or their future health and safety. Participant rights in this regard should be indicated 
p.000062:  in the informed consent process and in the study’s monitoring plan. 
p.000062:   
p.000062:  7.15       Investigators should not normally enter into contracts with clauses that restrict or prohibit disclosure of 
p.000062:  risks or lack of benefit of research products to participants, other members of the research group, ethics committees, 
p.000062:  regulatory agencies or the scientific or general community. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     35 
p.000062:   
p.000062:  7.16       There should not be contractual restrictions to investigator access to study data. Where a study has a DMC, 
p.000062:  that committee should normally have sole unblinded access to emerging data. 
p.000062:   
p.000062:   
p.000062:  Publishing study results 
p.000062:   
p.000062:  7.17       Investigators have a responsibility to study participants, future patients and the wider scientific and 
p.000062:  general community to publish the results of their studies. 
p.000062:   
p.000062:  7.18       Investigators should not normally enter into contracts that limit, or apply unreasonable time restrictions 
p.000062:  to, the publication of study results. 
p.000062:   
p.000062:  7.19       Full publication of study results helps to prevent publication bias and allows for additional information to 
p.000062:  be gleaned through meta-analyses. All end-points stated in the study protocol – including positive, negative, 
p.000062:  significant and non-significant results – should be published. Results from all participants in the trial, including 
p.000062:  all arms of the trial, should be published. Where such a comprehensive approach is not practicable, the published 
p.000062:  report should acknowledge and explain any departures, including any omissions or additions, from the end-points 
p.000062:  specified in the study protocol. 
p.000062:   
p.000062:  7.20       It is normally not appropriate to publish incomplete results from intervention studies (eg, publication of 
p.000062:  early results only, of secondary end-point results only or results from only some study centres), because incomplete 
p.000062:  results have the potential to be misleading. 
p.000062:   
p.000062:  7.21       Study protocols should include a provision for communicating results in a timely, understandable and 
p.000062:  responsible way by suitable means, so that the widest possible community stands to benefit. The optimal time at which 
p.000062:  to disseminate the results of intervention studies can be difficult to determine. Both premature release and 
...
           
p.000062:  topic and/or context for the research, have the appropriate expertise relative to the breadth and scope of research 
p.000062:  under review and, as a result, will be well placed to make a statement as to whether the research in question has 
p.000062:  verifiable scientific merit. Peer review of scientific validity may include consideration of cultural relevance and 
p.000062:  appropriateness. 
p.000062:  •    Peer review delivers an objective opinion: Those acting in the capacity of reviewers are charged with delivering a 
p.000062:  balanced and considered analysis of the research. Generally, the success of the peer review process is determined by 
p.000062:  the extent to which these evaluations can be considered free of bias, equitable and fair. Objectivity can be 
p.000062:  compromised if peer reviewers have conflicts of interest, and so appropriate peer reviewers typically will not be 
p.000062:  materially connected to the researcher(s) in a way that might undermine objectivity, and be free from either positive 
p.000062:  or negative inducements. 
p.000062:  •    A consensus opinion on scientific validity is formed: An HDEC will need to receive assurance that the peer review 
p.000062:  process has delivered support for the scientific validity of the proposed research. When a peer review process has 
p.000062:  engaged a range of experts, there needs to be a process that leads to a consensus opinion about the quality of the 
p.000062:  research. 
p.000062:  •    Intellectual capital in the research proposal is respected: A peer reviewer is in a privileged position through 
p.000062:  having access to the unexploited ideas and intellectual capital of the researcher. A peer review process should require 
p.000062:  that reviewers do not disclose the substance of any research proposal, unless there is explicit permission to do so. 
p.000062:   
p.000062:   
p.000062:  Limitations of peer review 
p.000062:  Peer reviewers typically are not privy to the operational details of a proposed research study. Research proposals 
p.000062:  usually will outline a methodology, but not explain its implementation in detail. For example, a proposal might state 
p.000062:  how many patients will be recruited, but will not necessarily explain how patients will be approached, how they might 
p.000062:  be compensated for participation, nor what information any participant information sheet might contain. Similarly, the 
p.000062:  detailed clinical trial protocols are not typically included in a peer review. (Detailed examination of a trial 
p.000062:  protocol is often undertaken by the independent data and safety monitoring committee associated with the trial.) Ethics 
p.000062:  committees should be aware that studies can be of satisfactory scientific quality as judged by peer review, but still 
p.000062:  pose ethical concerns because of how the research is to be operationalised. Necessarily, consideration of the safety of 
p.000062:  participants and researchers, and the balance of risk and benefit, by ethics committees is likely to involve scrutiny 
p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
...
           
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
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p.000062:  participate in research. 
p.000062:   
p.000062:  In addition to problems of coercion and undue inducement, the involvement of inmates in research raises questions of 
p.000062:  burden and benefit. Inmates should neither bear an unfair share of the burden of participating in research, nor be 
p.000062:  excluded from its benefits, to the extent that voluntary participation is possible. 
p.000062:   
p.000062:  Inmates’ rights to self-determination (autonomy) should not be circumscribed more than required by applicable 
p.000062:  regulations. One should refrain from assuming, without cause, that prospective inmate-participants will lack the 
p.000062:  ability to make autonomous decisions whether to participate in research. To the extent that inmate-participants can 
p.000062:  voluntarily consent to participation, and to the extent allowable under applicable regulations, inmates should be 
p.000062:  allowed the opportunity to participate in potentially beneficial research. 
p.000062:   
p.000062:  Finally, confidentiality is extremely difficult to maintain in an environment such as prisons, in which there is no 
p.000062:  privacy. In prisons, people do not move about freely; the movements of inmates are carefully tracked. When inmates are 
p.000062:  moved around (for example, to go to a research appointment), everyone will know about it. Prison records, including 
p.000062:  medical records, are accessible to persons who in other settings would not have access to such personal information. 
p.000062:  Consider the inmate participating in HIV-related research. How will the sensitive nature of the research be kept 
p.000062:  secret? The investigator must be able to ensure that the necessary confidentiality can and will be maintained so that 
p.000062:  the participants are not subjected to any risk from participation. 
p.000062:   
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p.000062:   
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p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     61 
p.000062:   
p.000062:  Appendix 3: The National Ethics Advisory Committee 
p.000062:  The National Ethics Advisory Committee – Kāhui Matatika o te Motu (NEAC) is an independent advisor to the Minister of 
p.000062:  Health on ethical issues of national significance concerning health and disability matters. NEAC’s statutory functions 
p.000062:  are to: 
p.000062:  •    advise the Minister of Health on ethical issues of national significance in respect of any health and disability 
p.000062:  matters (including research and services) 
p.000062:  •    determine nationally consistent ethical standards across the health sector and provide scrutiny for national 
p.000062:  health research and health services. 
p.000062:   
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
p.000062:  participants’ informed consent. Ethics committees are responsible for checking that proposed study information sheets 
p.000062:  and consent forms enhance informed consent of this nature. 
p.000062:   
p.000062:  6.14       Providing information that is too detailed or complex can frustrate rather than assist free and informed 
p.000062:  consent. If a consent form or information sheet for a study is very long and complex, participants may be overwhelmed 
p.000062:  by the information and may not be able to process the critical information. Further detail about informed consent for 
p.000062:  specific groups is located in the appendices to this document. 
p.000062:   
p.000062:  6.15       It is preferable that participants provide in writing their consent to participate in an intervention study. 
...
           
p.000062:  intellectual disability may not be competent to give informed consent to participate in a clinical trial of 
p.000062:  psychoactive drugs but may well be competent to consent to be interviewed about his/her experiences of community 
p.000062:  living. 
p.000062:   
p.000062:  Issues of competence to consent are highly significant for people with intellectual disabilities in their daily lives. 
p.000062:  Questions arise in the provision of health and disability services, their rights to undertake legal contracts, criminal 
p.000062:  liability, ability to be a witness in a trial – to mention a few. 
p.000062:   
p.000062:  Factors to consider when researching with people with intellectual disabilities include the following. 
p.000062:  •    People with intellectual disabilities are not usually concerned about the implications of research for public 
p.000062:  policy, but are more likely to be interested in what changes the research can bring about for them personally. 
p.000062:  •    People with intellectual disabilities often have difficulty separating hypothetical situations from personal 
p.000062:  anxieties and concerns. 
p.000062:  •    People with intellectual disabilities often have fewer opportunities to acquire ordinary knowledge (for example, 
p.000062:  due to lack of or inappropriate education, segregation, over- protection or lack of access to information). 
p.000062:  •    The most difficult area for people with intellectual disabilities to understand is the area of legal rights. They 
p.000062:  may have limited experience of their voluntary decisions being respected. 
p.000062:  •    People with intellectual disabilities often have a tendency to comply with the perceived demands of an authority 
p.000062:  figure. 
p.000062:  •    Even persons with severe disabilities may be able to make decisions if given the opportunity, support and training 
p.000062:  to do so. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  50   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  People with intellectual disabilities may have specific difficulties relevant to informed consent, including: 
p.000062:  •    a reduced vocabulary and understanding of abstract words and ideas 
p.000062:  •    shorter attention spans and reduced short-term memory capacity 
p.000062:  •    limited abstraction skills (that is, concrete and literal understanding of questions and situations) 
p.000062:  •    a reluctance to rarely say they do not understand unless directly asked 
p.000062:  •    difficulty following long, run-on sentences 
p.000062:  •    difficulty answering time-related questions. 
p.000062:   
p.000062:  Proposals for research involving people with intellectual disabilities should clearly describe: 
p.000062:  •    the proposed sample of participants and the possible range of intellectual disabilities to be included 
p.000062:  •    how the researcher will determine competence to give informed consent for each individual participant 
...
           
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
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p.000062:   
p.000062:  6.7         Informed consent has two basic components. 
p.000062:  (a)         The decision is informed by adequate understanding of any information that is relevant to that decision. 
p.000062:  (b)         The decision is voluntary, and is therefore free from undue influence such as manipulation or coercion. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
p.000062:  participants’ informed consent. Ethics committees are responsible for checking that proposed study information sheets 
p.000062:  and consent forms enhance informed consent of this nature. 
p.000062:   
p.000062:  6.14       Providing information that is too detailed or complex can frustrate rather than assist free and informed 
p.000062:  consent. If a consent form or information sheet for a study is very long and complex, participants may be overwhelmed 
...
           
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
p.000062:  •    A research procedure which is not intended directly to benefit the child participant is not necessarily unethical. 
p.000062:  •    Legally valid consent should be obtained from the child, parent or guardian as appropriate. When parental consent 
p.000062:  is obtained, the assent or consent of the children should, wherever possible, also be obtained by the researcher. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  1    Peart N, Holdaway D. 2000. Ethical Guidelines for Health Research with Children. New Zealand Bioethics Journal 
p.000062:  1(2): 3–9. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  46   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Nature and design of research 
p.000062:  Before undertaking research with children, the investigator must ensure that: 
p.000062:  •    children will not be involved in research that might equally well be carried out with adults 
p.000062:  •    the purpose of the research is to obtain knowledge relevant to the health needs of children 
p.000062:  •    if a choice of age groups is possible, older children should be involved in preference to younger ones 
p.000062:  •    the research is designed or supervised and carried out by people experienced in working with children 
p.000062:  •    the number of children involved is limited to the number which is scientifically and clinically essential. 
p.000062:   
p.000062:   
p.000062:  Risk 
p.000062:  Research procedures or interventions which are intended to provide direct therapeutic benefit to the child participants 
p.000062:  may be undertaken if: 
p.000062:  •    the risk is justified by the anticipated benefit to the child participants 
p.000062:  •    any ratio of the anticipated benefit to the risk is likely to be at least as favourable to the child participant 
p.000062:  as any available alternative. 
p.000062:   
p.000062:  Research procedures or interventions which are not intended to be of direct benefit to the child participants, but 
p.000062:  which are likely to yield generalisable knowledge about the child’s disorder or condition which is of vital importance 
p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
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p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
p.000062:  •    Each child must be given full information about the research in a form that he or she can readily understand. 
p.000062:  •    Children must be advised of their right to decline participation and their right to withdraw from the research at 
p.000062:  any time without giving a reason. 
p.000062:  •    Investigators must give the children an opportunity to ask questions and to have those questions answered to the 
p.000062:  children’s satisfaction. 
p.000062:  •    If proxy consent is required, the proxy must also be given full information about the research and be advised of 
p.000062:  the child’s right to decline participation or withdraw from the research at any time. 
p.000062:  •    The proxy must be given an opportunity to ask questions and have them answered to the proxy’s satisfaction. 
p.000062:   
p.000062:  Consent 
p.000062:  Before undertaking research with children, the investigator must ensure that appropriate consent is sought on the basis 
p.000062:  of the information provided. 
p.000062:  •    The consent of a child of or over the age of 16 must be obtained, and has the same effect as if the child were of 
p.000062:  full age. 
p.000062:  •    If the child is below the age of 16, but has the competence to understand the nature, risks and consequences of 
p.000062:  the research: 
p.000062:  –    the consent of the child must be obtained; and 
p.000062:  –    that consent will have the same effect as if the child were of full age. 
p.000062:  •    If the child is below the age of 16, and lacks the necessary competence to give legally effective consent: 
p.000062:  –    the child’s parent or legal guardian must give permission for the child’s participation 
p.000062:  –    the child’s assent must be obtained unless the child is unable to communicate 
p.000062:  –    the refusal of a child to participate in research must be respected unless, according to the research protocol, 
p.000062:  the child would receive therapy for which there is no medically acceptable alternative. 
p.000062:  •    Care must be taken to ensure that no pressure is placed upon a child to consent to participate in research, 
p.000062:  especially if the procedures are not intended to be of direct benefit to the child participants. 
p.000062:  •    The requirement for written consent should take into consideration the age and competence of the child. 
p.000062:   
p.000062:  Inducements 
p.000062:  Families and children must not receive any financial payments or other reward for participating in the research. Only 
p.000062:  expenses resulting from participation may be reimbursed. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  48   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Health research data 
p.000062:  Retention and use of personally identifiable health research data. 
p.000062:  •    Research data pertaining to the child participants should be retained by the researcher for ten years after the 
p.000062:  child has attained the age of 16. 
p.000062:  •    Children have the right to withdraw consent to the continued use or retention of personally identifiable health 
p.000062:  research data once they attain the age of 16. 
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Section 36 of the Care of Children Act 2004 governs consent to any medical, surgical or dental procedures in relation 
p.000062:  to a child. Right 7 of the Code of Health and Disability Services Consumers Rights 1996 is also applicable in relation 
p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
...
           
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
p.000062:  •    What orders has the consumer given in a power of attorney or otherwise? 
p.000062:  •    How long is the consumer expected to be unconscious? 
p.000062:  •    What do the consumer’s relatives think? 
p.000062:   
p.000062:  The list is not exhaustive, and depending on the particular circumstances other considerations may be relevant. 
p.000062:   
p.000062:  Researchers should demonstrate that they have adequate procedures in place for determining in each specific case 
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
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p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     57 
p.000062:   
p.000062:  Research involving older persons 
p.000062:  This section has been largely based on the section on research involving older persons presented in the Institutional 
p.000062:  Review Board’s Guidebook.3 
p.000062:   
p.000062:  As the New Zealand population ages, research on the ageing process and conditions and diseases that disproportionately 
p.000062:  affect older persons has become increasingly important. The participation of older persons in research poses several 
p.000062:  issues for researchers and ethics committees; primary among them is the question of whether and when older persons need 
p.000062:  special protections, without being over-protective. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  It is generally agreed that older persons are, as a group, heterogeneous and not usually in need of special 
p.000062:  protections, except in two circumstances: cognitive impairment and institutionalisation. Under those conditions, the 
p.000062:  same considerations are applicable as with any other person in the same circumstances. 
p.000062:   
p.000062:  There is no age at which prospective participants should become ineligible to participate in research. Most older 
p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
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p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
p.000062:  Appendix 2: Research papers 
p.000062:  Note: This appendix derives from the Ministry of Health’s 2006 Operational Standard for Ethics Committees: Updated 
p.000062:  Edition (Wellington: Ministry of Health). 
p.000062:   
p.000062:   
p.000062:  Research involving children and young people 
p.000062:  This section presents the ethical guidelines developed by Nicola Peart and David Holdaway on health research with 
p.000062:  children and young people (for full references refer to the original article).1 For further information on issues 
p.000062:  relating to research with children, refer to the following publications. 
p.000062:  •    Peart N, Holdaway D. 1998. Legal and ethical issues of health research with children. 
p.000062:  Childrenz Issues 2: 42–6. 
p.000062:  •    Peart N. 2000. Health research with children: the New Zealand experience. Current Legal Issues 3: 421–39. 
p.000062:  •    Ministry of Health. 1999. Consent in Child and Youth Health: Information for practitioners. Wellington: Ministry 
p.000062:  of Health. 
p.000062:   
p.000062:  The special vulnerability of children makes consideration of involving them as research participants particularly 
p.000062:  important. To safeguard their interests and to protect them from harm, special ethical considerations should be in 
p.000062:  place for reviewing research with children. 
p.000062:   
p.000062:   
p.000062:  Principles 
p.000062:  These guidelines are based on six principles, based on the Guidelines of the Royal College of Paediatrics and Child 
p.000062:  Health 1999 and the European Convention for the Protection of Human Rights and Dignity of the Human Being with Regard 
p.000062:  to the Application of Biology and Medicine 1996. 
p.000062:  •    Research involving children is important for the benefit of all children and should be supported, encouraged and 
p.000062:  conducted in an ethical manner. 
p.000062:  •    Children are not small adults; they have their own unique set of interests. 
p.000062:  •    Research should only be done with children if comparable research with adults could not answer the same question 
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
p.000062:  •    A research procedure which is not intended directly to benefit the child participant is not necessarily unethical. 
p.000062:  •    Legally valid consent should be obtained from the child, parent or guardian as appropriate. When parental consent 
p.000062:  is obtained, the assent or consent of the children should, wherever possible, also be obtained by the researcher. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  1    Peart N, Holdaway D. 2000. Ethical Guidelines for Health Research with Children. New Zealand Bioethics Journal 
p.000062:  1(2): 3–9. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  46   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Nature and design of research 
p.000062:  Before undertaking research with children, the investigator must ensure that: 
p.000062:  •    children will not be involved in research that might equally well be carried out with adults 
p.000062:  •    the purpose of the research is to obtain knowledge relevant to the health needs of children 
p.000062:  •    if a choice of age groups is possible, older children should be involved in preference to younger ones 
p.000062:  •    the research is designed or supervised and carried out by people experienced in working with children 
p.000062:  •    the number of children involved is limited to the number which is scientifically and clinically essential. 
p.000062:   
p.000062:   
p.000062:  Risk 
p.000062:  Research procedures or interventions which are intended to provide direct therapeutic benefit to the child participants 
p.000062:  may be undertaken if: 
p.000062:  •    the risk is justified by the anticipated benefit to the child participants 
p.000062:  •    any ratio of the anticipated benefit to the risk is likely to be at least as favourable to the child participant 
p.000062:  as any available alternative. 
p.000062:   
p.000062:  Research procedures or interventions which are not intended to be of direct benefit to the child participants, but 
p.000062:  which are likely to yield generalisable knowledge about the child’s disorder or condition which is of vital importance 
p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
p.000062:  •    any risk represents a minor increase over minimal risk 
p.000062:  •    the interventions or procedures present experiences to the child participants which are reasonably commensurate 
p.000062:  with those inherent in their actual or expected medical, psychological, social or educational situations. 
p.000062:   
p.000062:  Research procedures which are not intended to be of direct benefit to the child participants, and do not come within 
p.000062:  the scope of research set out in the paragraphs above, may be undertaken only if the risk presented by the 
p.000062:  interventions to the child participant is: 
p.000062:  •    minimal; and 
p.000062:  •    commensurate with the importance of the knowledge to be gained. 
p.000062:   
p.000062:   
p.000062:  Informed consent 
p.000062:  Information 
p.000062:  When inviting children to participate in any research, the investigator must ensure that the children and, where 
p.000062:  appropriate, the children’s parents, guardians or caregivers have been fully informed about the research in a manner 
p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
p.000062:  •    Each child must be given full information about the research in a form that he or she can readily understand. 
p.000062:  •    Children must be advised of their right to decline participation and their right to withdraw from the research at 
p.000062:  any time without giving a reason. 
p.000062:  •    Investigators must give the children an opportunity to ask questions and to have those questions answered to the 
p.000062:  children’s satisfaction. 
p.000062:  •    If proxy consent is required, the proxy must also be given full information about the research and be advised of 
p.000062:  the child’s right to decline participation or withdraw from the research at any time. 
p.000062:  •    The proxy must be given an opportunity to ask questions and have them answered to the proxy’s satisfaction. 
p.000062:   
p.000062:  Consent 
p.000062:  Before undertaking research with children, the investigator must ensure that appropriate consent is sought on the basis 
p.000062:  of the information provided. 
p.000062:  •    The consent of a child of or over the age of 16 must be obtained, and has the same effect as if the child were of 
p.000062:  full age. 
p.000062:  •    If the child is below the age of 16, but has the competence to understand the nature, risks and consequences of 
p.000062:  the research: 
p.000062:  –    the consent of the child must be obtained; and 
p.000062:  –    that consent will have the same effect as if the child were of full age. 
p.000062:  •    If the child is below the age of 16, and lacks the necessary competence to give legally effective consent: 
p.000062:  –    the child’s parent or legal guardian must give permission for the child’s participation 
p.000062:  –    the child’s assent must be obtained unless the child is unable to communicate 
p.000062:  –    the refusal of a child to participate in research must be respected unless, according to the research protocol, 
p.000062:  the child would receive therapy for which there is no medically acceptable alternative. 
p.000062:  •    Care must be taken to ensure that no pressure is placed upon a child to consent to participate in research, 
p.000062:  especially if the procedures are not intended to be of direct benefit to the child participants. 
p.000062:  •    The requirement for written consent should take into consideration the age and competence of the child. 
p.000062:   
p.000062:  Inducements 
p.000062:  Families and children must not receive any financial payments or other reward for participating in the research. Only 
p.000062:  expenses resulting from participation may be reimbursed. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  48   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Health research data 
p.000062:  Retention and use of personally identifiable health research data. 
p.000062:  •    Research data pertaining to the child participants should be retained by the researcher for ten years after the 
p.000062:  child has attained the age of 16. 
p.000062:  •    Children have the right to withdraw consent to the continued use or retention of personally identifiable health 
p.000062:  research data once they attain the age of 16. 
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Section 36 of the Care of Children Act 2004 governs consent to any medical, surgical or dental procedures in relation 
p.000062:  to a child. Right 7 of the Code of Health and Disability Services Consumers Rights 1996 is also applicable in relation 
p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
p.000062:  participation in research. 
p.000062:   
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p.000062:  interventions. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        1 
p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
p.000062:  Disability Act 2000, section 11. The SOPs were created in 2012 in response to the Government response to a Select 
p.000062:  Committee inquiry into improving New Zealand’s environment to support innovation through clinical trials. They provide 
p.000062:  procedural guidance to HDECs and researchers, and set out the scope of HDEC review and information about how HDECs 
p.000062:  process applications. These Guidelines set the ethical standards that must be met or exceeded in all health and 
p.000062:  disability research, whether or not it requires HDEC review. The SOPs apply to intervention studies, but these 
p.000062:  Guidelines have precedence over the SOPs on any point of conflict relating to ethical standards and principles that 
p.000062:  must be met or exceeded in all health and disability research. 
p.000062:   
p.000062:  1.10       These Guidelines include references to legislation. It is the investigator’s responsibility to comply with 
p.000062:  all relevant legal requirements, including those set out in the: 
p.000062:  •    Accident Compensation Act 2001 
p.000062:  •    Care of Children Act 2004 
p.000062:  •    New Zealand Bill of Rights Act 1990 
p.000062:  •    Protection of Personal and Property Rights Act 1988 
p.000062:  •    Health and Disability Commissioner Act 1994 
p.000062:  •    Health Practitioners Competence Assurance Act 2003 
p.000062:  •    Code of Rights 
p.000062:  •    Privacy Act 1993 
p.000062:  •    Health Information Privacy Code 1994 
p.000062:  •    Human Tissue Act 1998 (particularly sections 9, 14, 19, 21, 22, 24 and 31). 
p.000062:   
p.000062:  1.11       The Code of Rights is a regulation issued under the Health and Disability Commissioner Act 1994, section 74. 
p.000062:  It sets out 10 rights of health and disability services consumers, including those involved in research. Investigators 
p.000062:  conducting intervention studies  should be familiar with their responsibilities under the Code of Rights, and should 
p.000062:  consider their study in light of the rights of (proposed) participants. The Code of Rights is available on the Health 
p.000062:  and Disability Commissioner’s website (www.hdc.org.nz). Particular rights are referenced at relevant points throughout 
p.000062:  these Guidelines. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  2     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  2      Definitions and scope of the Guidelines 
...
           
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
p.000062:  •    Intervention studies should be conducted only if the risk to vulnerable people is at an acceptable minimum. (See 
p.000062:  also paragraph 5.35 below.) 
p.000062:  •    Study participation should be a matter of free and informed decision-making by study participants wherever 
p.000062:  possible. (See also the Code of Rights, Right 7(2) and (3); and the guidance referred to in paragraph 5.35 below.) 
p.000062:   
p.000062:  5.31       The interests of vulnerable individuals must be protected, and these individuals must not be exploited for 
p.000062:  the advancement of knowledge. Adherence to this principle is especially important if any of the interventions being 
p.000062:  studied are invasive. 
p.000062:   
p.000062:  5.32       When a vulnerable person is competent to decide on participation in a study for himself or herself, that 
p.000062:  person’s decision should be respected. Even when a vulnerable person is competent to decide her or his own study 
p.000062:  participation, it is often appropriate to notify and seek advice from a person or persons with knowledge of, or 
p.000062:  responsibilities for, that vulnerable person. (See also ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.33       Where a study involving vulnerable people is conducted, additional support (often in the form of extra time, 
p.000062:  resources – such as modified information sheets or means of information delivery – and assistance) might need to be 
p.000062:  provided to ensure that such people can participate fully. 
p.000062:   
p.000062:  5.34       If the competence of a vulnerable person to decide her or his own study participation is unclear, it may be 
p.000062:  appropriate for an investigator to seek both the informed consent of that person and the informed agreement of another 
p.000062:  person who is interested in, or has responsibilities for, that person’s welfare. (See also ‘Non-consensual studies’, 
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
p.000062:  required. An acceptable standard is to be determined having regard to the anticipated risk of the study to 
...
           
p.000062:  nature. 
p.000062:   
p.000062:  6.54       For studies with an independent DMC, that DMC should ideally be the only party to whom the data analysis 
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
p.000062:  •    where studies are carried out in emergency settings (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.57       In settings other than those stated in paragraphs 6.55–6.56, some aspects of the oversight provided by a DMC 
p.000062:  may still be valuable, and could be carried out by a group that is not fully independent of the study, sometimes termed 
p.000062:  an ‘internal’ DMC (Ellenberg et al 2003: 157–8). An internal DMC can significantly improve patient safety and trial 
p.000062:  integrity through regular meetings to review data on study conduct and relative efficacy and safety. Its membership 
p.000062:  should be multidisciplinary, and may include the principal (clinical) investigator for the study and the study 
p.000062:  statistician. 
p.000062:   
p.000062:  6.58       The table below gives an indication of the most appropriate form of DMC monitoring for an intervention study 
p.000062:  (Ellenberg et al 2003: 160). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     29 
p.000062:   
p.000062:  Appropriate form of DMC monitoring 
p.000062:  Type of setting1                                  Imperatives                                  Need for DMC 
p.000062:  Ethical integrity    Credibility     Independent DMC   Internal DMC 
p.000062:  Setting 1 
p.000062:  Randomised trials (phases IIb, III, IV)   Yes                        Yes                 Yes 
p.000062:  – Randomised trials (phases I, IIa)         Yes                        Likely              Maybe 
...
           
p.000062:  usually will outline a methodology, but not explain its implementation in detail. For example, a proposal might state 
p.000062:  how many patients will be recruited, but will not necessarily explain how patients will be approached, how they might 
p.000062:  be compensated for participation, nor what information any participant information sheet might contain. Similarly, the 
p.000062:  detailed clinical trial protocols are not typically included in a peer review. (Detailed examination of a trial 
p.000062:  protocol is often undertaken by the independent data and safety monitoring committee associated with the trial.) Ethics 
p.000062:  committees should be aware that studies can be of satisfactory scientific quality as judged by peer review, but still 
p.000062:  pose ethical concerns because of how the research is to be operationalised. Necessarily, consideration of the safety of 
p.000062:  participants and researchers, and the balance of risk and benefit, by ethics committees is likely to involve scrutiny 
p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
p.000062:  Appendix 2: Research papers 
p.000062:  Note: This appendix derives from the Ministry of Health’s 2006 Operational Standard for Ethics Committees: Updated 
p.000062:  Edition (Wellington: Ministry of Health). 
p.000062:   
p.000062:   
p.000062:  Research involving children and young people 
p.000062:  This section presents the ethical guidelines developed by Nicola Peart and David Holdaway on health research with 
p.000062:  children and young people (for full references refer to the original article).1 For further information on issues 
p.000062:  relating to research with children, refer to the following publications. 
p.000062:  •    Peart N, Holdaway D. 1998. Legal and ethical issues of health research with children. 
p.000062:  Childrenz Issues 2: 42–6. 
p.000062:  •    Peart N. 2000. Health research with children: the New Zealand experience. Current Legal Issues 3: 421–39. 
p.000062:  •    Ministry of Health. 1999. Consent in Child and Youth Health: Information for practitioners. Wellington: Ministry 
p.000062:  of Health. 
p.000062:   
p.000062:  The special vulnerability of children makes consideration of involving them as research participants particularly 
p.000062:  important. To safeguard their interests and to protect them from harm, special ethical considerations should be in 
p.000062:  place for reviewing research with children. 
p.000062:   
p.000062:   
p.000062:  Principles 
p.000062:  These guidelines are based on six principles, based on the Guidelines of the Royal College of Paediatrics and Child 
p.000062:  Health 1999 and the European Convention for the Protection of Human Rights and Dignity of the Human Being with Regard 
p.000062:  to the Application of Biology and Medicine 1996. 
p.000062:  •    Research involving children is important for the benefit of all children and should be supported, encouraged and 
p.000062:  conducted in an ethical manner. 
p.000062:  •    Children are not small adults; they have their own unique set of interests. 
p.000062:  •    Research should only be done with children if comparable research with adults could not answer the same question 
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
p.000062:  •    A research procedure which is not intended directly to benefit the child participant is not necessarily unethical. 
p.000062:  •    Legally valid consent should be obtained from the child, parent or guardian as appropriate. When parental consent 
p.000062:  is obtained, the assent or consent of the children should, wherever possible, also be obtained by the researcher. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  1    Peart N, Holdaway D. 2000. Ethical Guidelines for Health Research with Children. New Zealand Bioethics Journal 
p.000062:  1(2): 3–9. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  46   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Nature and design of research 
p.000062:  Before undertaking research with children, the investigator must ensure that: 
p.000062:  •    children will not be involved in research that might equally well be carried out with adults 
p.000062:  •    the purpose of the research is to obtain knowledge relevant to the health needs of children 
p.000062:  •    if a choice of age groups is possible, older children should be involved in preference to younger ones 
p.000062:  •    the research is designed or supervised and carried out by people experienced in working with children 
p.000062:  •    the number of children involved is limited to the number which is scientifically and clinically essential. 
p.000062:   
p.000062:   
p.000062:  Risk 
p.000062:  Research procedures or interventions which are intended to provide direct therapeutic benefit to the child participants 
p.000062:  may be undertaken if: 
p.000062:  •    the risk is justified by the anticipated benefit to the child participants 
p.000062:  •    any ratio of the anticipated benefit to the risk is likely to be at least as favourable to the child participant 
p.000062:  as any available alternative. 
p.000062:   
p.000062:  Research procedures or interventions which are not intended to be of direct benefit to the child participants, but 
p.000062:  which are likely to yield generalisable knowledge about the child’s disorder or condition which is of vital importance 
p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
p.000062:  •    any risk represents a minor increase over minimal risk 
p.000062:  •    the interventions or procedures present experiences to the child participants which are reasonably commensurate 
p.000062:  with those inherent in their actual or expected medical, psychological, social or educational situations. 
p.000062:   
p.000062:  Research procedures which are not intended to be of direct benefit to the child participants, and do not come within 
p.000062:  the scope of research set out in the paragraphs above, may be undertaken only if the risk presented by the 
p.000062:  interventions to the child participant is: 
p.000062:  •    minimal; and 
p.000062:  •    commensurate with the importance of the knowledge to be gained. 
p.000062:   
p.000062:   
p.000062:  Informed consent 
p.000062:  Information 
p.000062:  When inviting children to participate in any research, the investigator must ensure that the children and, where 
p.000062:  appropriate, the children’s parents, guardians or caregivers have been fully informed about the research in a manner 
p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
p.000062:  •    Each child must be given full information about the research in a form that he or she can readily understand. 
p.000062:  •    Children must be advised of their right to decline participation and their right to withdraw from the research at 
p.000062:  any time without giving a reason. 
p.000062:  •    Investigators must give the children an opportunity to ask questions and to have those questions answered to the 
p.000062:  children’s satisfaction. 
p.000062:  •    If proxy consent is required, the proxy must also be given full information about the research and be advised of 
p.000062:  the child’s right to decline participation or withdraw from the research at any time. 
p.000062:  •    The proxy must be given an opportunity to ask questions and have them answered to the proxy’s satisfaction. 
p.000062:   
p.000062:  Consent 
p.000062:  Before undertaking research with children, the investigator must ensure that appropriate consent is sought on the basis 
p.000062:  of the information provided. 
p.000062:  •    The consent of a child of or over the age of 16 must be obtained, and has the same effect as if the child were of 
p.000062:  full age. 
p.000062:  •    If the child is below the age of 16, but has the competence to understand the nature, risks and consequences of 
p.000062:  the research: 
p.000062:  –    the consent of the child must be obtained; and 
p.000062:  –    that consent will have the same effect as if the child were of full age. 
p.000062:  •    If the child is below the age of 16, and lacks the necessary competence to give legally effective consent: 
...
           
p.000062:  –    the child’s assent must be obtained unless the child is unable to communicate 
p.000062:  –    the refusal of a child to participate in research must be respected unless, according to the research protocol, 
p.000062:  the child would receive therapy for which there is no medically acceptable alternative. 
p.000062:  •    Care must be taken to ensure that no pressure is placed upon a child to consent to participate in research, 
p.000062:  especially if the procedures are not intended to be of direct benefit to the child participants. 
p.000062:  •    The requirement for written consent should take into consideration the age and competence of the child. 
p.000062:   
p.000062:  Inducements 
p.000062:  Families and children must not receive any financial payments or other reward for participating in the research. Only 
p.000062:  expenses resulting from participation may be reimbursed. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  48   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Health research data 
p.000062:  Retention and use of personally identifiable health research data. 
p.000062:  •    Research data pertaining to the child participants should be retained by the researcher for ten years after the 
p.000062:  child has attained the age of 16. 
p.000062:  •    Children have the right to withdraw consent to the continued use or retention of personally identifiable health 
p.000062:  research data once they attain the age of 16. 
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Section 36 of the Care of Children Act 2004 governs consent to any medical, surgical or dental procedures in relation 
p.000062:  to a child. Right 7 of the Code of Health and Disability Services Consumers Rights 1996 is also applicable in relation 
p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
...
Social / Elderly
Searching for indicator elderly:
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p.000062:  people are neither cognitively impaired nor live in institutional settings. Nevertheless, investigators may avoid older 
p.000062:  persons as participants because of difficulties in recruiting them to participate. Also, conducting research with older 
p.000062:  consumers may be more difficult and more costly. 
p.000062:   
p.000062:  A major problem is that older people tend to have multiple conditions/co-morbidities, and this may complicate research 
p.000062:  that tries to isolate a particular intervention for a particular condition. Older people have more complications than 
p.000062:  younger people from medical drugs. Because the likelihood of unfavourable drug interactions increases with the greater 
p.000062:  the number of drugs an individual takes, for older people it is important to limit the number and dose of drugs 
p.000062:  prescribed. Symptoms of many diseases in older age may also vary quite markedly from symptoms of the same disease in 
p.000062:  earlier life.4 
p.000062:   
p.000062:  Older persons may have hearing or vision problems and may therefore require more time to have the study explained to 
p.000062:  them. They also drop out of studies at a higher rate than do younger participants, so that investigators may need to 
p.000062:  recruit more participants initially to for this possibility. 
p.000062:   
p.000062:  Despite these difficulties, including older persons in research is important. Older persons should share in the 
p.000062:  benefits and burdens of research. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  3    United States Department of Health and Human Services. 1993. Chapter VI: ‘Special Classes of Subjects’, Section H: 
p.000062:  ‘Elderly/Aged Persons’. 
p.000062:  4    Prime Ministerial Task Force. 1997. Facing the Future: A Strategic Plan. Wellington: Prime Ministerial Task Force. 
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
...
Social / Ethnicity
Searching for indicator ethnicity:
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p.000062:  serious or irreversible harm to participants. 
p.000062:   
p.000062:  5.23       In some intervention studies all participants receive the best proven current intervention, and are given 
p.000062:  either a placebo or the study intervention as well. This approach does not raise any particular ethical issues, because 
p.000062:  the best proven current intervention is still given to all participants. A similar situation may also arise with other 
p.000062:  study designs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     13 
p.000062:   
p.000062:  5.24       When a placebo control is used, the investigator should ensure that each participant is fully informed 
p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     43 
p.000062:   
p.000062:  Peer review 
p.000062:  The role of New Zealand’s HDECs is to check that proposed health and disability research meets established ethical 
p.000062:  standards that aim to protect participants (see the SOPs). The SOPs require that researchers and sponsors ensure that 
p.000062:  the scientific validity of proposed research has been peer-reviewed before an application is made to an HDEC. In this 
p.000062:  context, peer review is the process by which an applicant can assure an HDEC that a proposal has an appropriate degree 
p.000062:  of scientific merit, feasibility and likelihood of impact. 
p.000062:   
p.000062:   
p.000062:  Areas of focus during peer review 
p.000062:  Peer review can be tailored to deliver opinions on a variety of matters relating to a health and disability research 
p.000062:  proposal. In order to determine scientific validity, the following factors should specifically be determined: 
p.000062:  •    The relative merit of the research: A key consideration is whether the proposed work is important, worthwhile and 
p.000062:  justifiable. The research should address a health issue that is important for health and/or society. The aims, research 
p.000062:  questions and hypotheses will build on and address gaps in existing knowledge. 
p.000062:  •    The design and methods: The quality of study design and methods should be reviewed to assess its robustness. This 
p.000062:  might include study methodology, a description of sample recruitment and characteristics (including number, gender and 
p.000062:  ethnicity where relevant) and proposed methods of data analysis. Indication of timelines for the research should be 
p.000062:  included. 
p.000062:  •    The feasibility of the research: This includes whether the overall strategy, methodology and analyses are well 
p.000062:  reasoned and appropriate to achieve the specific aims of the project. It should determine whether the research has the 
p.000062:  likelihood, on balance, of improving scientific knowledge, concepts, technical capacity or methods in the research 
p.000062:  field, or of contributing to better treatments, services, health outcomes or preventive interventions. The research 
p.000062:  will be achievable within the specified timeframe and the research team has the appropriate experience and expertise to 
p.000062:  undertake the research. 
p.000062:   
p.000062:   
p.000062:  Core features of the peer review process 
p.000062:  A peer review process should be commensurate with the type of proposal, the potential risk to participants and where 
p.000062:  the research will be undertaken. The type of peer review process that is used must be fit-for-purpose and justifiable. 
p.000062:  For example, the mechanism for delivering peer review of a graduate student project carried out largely within a 
p.000062:  tertiary institution will differ from that of a multi-centre clinical trial. Opinions from one or more peers may be 
p.000062:  sought; again, the extent of peer review should be fit-for-purpose. Despite potential differences, an appropriate 
p.000062:  process for ensuring scientific validity will have the following features: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
...
Social / Incarcerated
Searching for indicator prison:
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p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
p.000062:  duress, over-reaching or other ulterior form of constraint or coercion. 
p.000062:   
p.000062:  The primary issue surrounding the participation of inmates in research has always been whether inmates have a real 
p.000062:  choice whether to participate in research, or whether their situation prohibits the exercise of free choice. A 
p.000062:  secondary issue is whether confidentiality of participation and of data can be adequately maintained in the prison. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  60   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  The circumstances common in prisons create environments in which the offer to participate in research is necessarily 
p.000062:  coercive or creates an undue influence in favour of participation. The desire to obtain the advantages offered to those 
p.000062:  who agree to participate may preclude their ability to weigh fairly the risks and benefits involved in participation. 
p.000062:  For example, the investigator may propose to move the research participants to special units where they are given 
p.000062:  medical care and where the living conditions are better than those provided to the general prison population. Even the 
p.000062:  opportunity to leave the prison cell and interact with people from outside the prison may act as an undue inducement to 
p.000062:  participate in research. 
p.000062:   
p.000062:  In addition to problems of coercion and undue inducement, the involvement of inmates in research raises questions of 
p.000062:  burden and benefit. Inmates should neither bear an unfair share of the burden of participating in research, nor be 
p.000062:  excluded from its benefits, to the extent that voluntary participation is possible. 
p.000062:   
p.000062:  Inmates’ rights to self-determination (autonomy) should not be circumscribed more than required by applicable 
p.000062:  regulations. One should refrain from assuming, without cause, that prospective inmate-participants will lack the 
p.000062:  ability to make autonomous decisions whether to participate in research. To the extent that inmate-participants can 
p.000062:  voluntarily consent to participation, and to the extent allowable under applicable regulations, inmates should be 
p.000062:  allowed the opportunity to participate in potentially beneficial research. 
p.000062:   
p.000062:  Finally, confidentiality is extremely difficult to maintain in an environment such as prisons, in which there is no 
p.000062:  privacy. In prisons, people do not move about freely; the movements of inmates are carefully tracked. When inmates are 
p.000062:  moved around (for example, to go to a research appointment), everyone will know about it. Prison records, including 
p.000062:  medical records, are accessible to persons who in other settings would not have access to such personal information. 
p.000062:  Consider the inmate participating in HIV-related research. How will the sensitive nature of the research be kept 
p.000062:  secret? The investigator must be able to ensure that the necessary confidentiality can and will be maintained so that 
p.000062:  the participants are not subjected to any risk from participation. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     61 
p.000062:   
p.000062:  Appendix 3: The National Ethics Advisory Committee 
p.000062:  The National Ethics Advisory Committee – Kāhui Matatika o te Motu (NEAC) is an independent advisor to the Minister of 
p.000062:  Health on ethical issues of national significance concerning health and disability matters. NEAC’s statutory functions 
p.000062:  are to: 
p.000062:  •    advise the Minister of Health on ethical issues of national significance in respect of any health and disability 
p.000062:  matters (including research and services) 
...
Searching for indicator restricted:
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p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
...
           
p.000062:   
p.000062:  Glossary 
p.000062:  Adverse drug reaction: any untoward and unintended response in a subject to an intervention which is related to any 
p.000062:  dose administered to that subject (MHRA 2009). 
p.000062:  Adverse event: any untoward medical occurrence in a patient administered a study product and which does not necessarily 
p.000062:  have a causal relationship with that product (MHRA 2009). 
p.000062:  Bias: the tendency of a measurement or a statistic to deviate from the true value of the measure or statistic (Brownson 
p.000062:  and Petitti 1998: 50). 
p.000062:  Bioavailability study: a study examining the rate and extent at which a drug, when administered in a pharmaceutical 
p.000062:  dosage form, becomes available, either at the site of pharmacological effect or systemically within the body (Chow 
p.000062:  2003: 83). 
p.000062:  Bioequivalence study: a study aiming to show that the bioavailability of one formulation of a drug is equivalent to 
p.000062:  another formulation of the same drug (Chow 2003: 83). 
p.000062:  CIOMS guidelines: the Council for International Organizations of Medical Sciences International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002). 
p.000062:  Clinical trial: any research study that prospectively assigns human participants or groups of humans to one or more 
p.000062:  health-related interventions to evaluate effects on health outcomes. Clinical trials may also be referred to as 
p.000062:  interventional trials. Interventions include but are not restricted to drugs, cells and other biological products, 
p.000062:  surgical procedures, radiologic procedures, devices, behavioural treatments, process- of-care changes and preventive 
p.000062:  care, etc. This definition includes Phase I to Phase IV trials (WHO 2009). 
p.000062:  Code of Rights: the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) 
p.000062:  Regulations 1996, issued under the Health and Disability Commissioner Act 1994, section 7. 
p.000062:  Community intervention study (or cluster intervention study): a study in which interventions are allocated primarily to 
p.000062:  whole communities or to groups (such as schools, households or groups of patients), other communities serving as 
p.000062:  comparison. For example, such a study might focus on a mass media campaign to prevent smoking in young people, or a 
p.000062:  school-based programme of antibiotic treatment of throat infections to prevent rheumatic fever, or a new model of care. 
p.000062:  Crossover trial: in a crossover trial each subject is randomised to a sequence of two or more treatments, and hence 
p.000062:  acts as her or his own control for treatment comparisons. This design reduces the number of subjects and usually the 
p.000062:  number of assessments needed to achieve a specific power, sometimes to a marked extent. In the simplest 2 × 2 crossover 
p.000062:  design, each subject receives each of two treatments in randomised order in two successive treatment periods, often 
p.000062:  separated by a treatment-free period (ICH 1998: 11). 
p.000062:  Data monitoring committee (DMC): a body that advises the study team and study sponsor, and is responsible for 
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Social / Linguistic Proficiency
Searching for indicator language:
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p.000003:  add to knowledge, so; for the clinician-investigator there is some potential for conflict between these two roles. 
p.000003:  Another reason for the higher risk is that in intervention studies the investigator controls, and in many cases alters, 
p.000003:  the interventions that study participants receive, and this has the potential for both benefit and harm. 
p.000003:   
p.000003:  There is also greater potential for commercial influence in some intervention studies than in other sorts of study, 
p.000003:  with consequently greater potential for conflict between commercial interests and the interests of the participants and 
p.000003:  the public. Any potential conflict of interest for the investigators and/or sponsors of the study needs to be declared 
p.000003:  and steps taken to ensure possible conflicts do not undermine the ethical or scientific integrity of the study. There 
p.000003:  is a particular need to pay attention to non-therapeutic intervention studies, in which participants receive 
p.000003:  interventions that are not intended to benefit them. 
p.000003:   
p.000003:  These Ethical Guidelines for Intervention Studies (the Guidelines) aim to contribute to better health outcomes and 
p.000003:  reduced health inequalities for New Zealanders by assisting researchers to perform sound intervention studies. They aim 
p.000003:  to help investigators to think through and take responsibility for the ethical issues in their studies. The Guidelines 
p.000003:  may also be useful for training potential investigators. They bring together in one document, and build on, the best 
p.000003:  current national and international guidance on intervention studies. Some technical language is used, and this is 
p.000003:  defined in the Glossary at the end of the Guidelines. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  iv    Ethical Guidelines for Intervention Studies 
p.000003:   
p.000003:  In producing these Guidelines, the National Ethics Advisory Committee has undertaken a thorough and inclusive process. 
p.000003:  This has included discussion with key informants, public consultation, consultation with key stakeholders and multiple 
p.000003:  peer review. The Guidelines reflect the significant improvements suggested by a wide range of stakeholders through this 
p.000003:  process, and the Committee is grateful to all who have contributed. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Andrew Moore 
p.000003:  Chair (2001–2010), National Ethics Advisory Committee Kāhui Matatika o te Motu 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:  Note 
p.000003:  If you wish to comment on your experience with using these Guidelines, please contact the National Ethics Advisory 
p.000003:  Committee at the address below. The Committee intends to review the Guidelines by the end of 2015 and would be grateful 
p.000003:  for your comments to inform that process. 
p.000003:   
p.000003:  Email: neac@moh.govt.nz (with ‘Intervention Studies’ in the subject line) 
p.000003:   
p.000003:  Postal address: Intervention Studies, National Ethics Advisory Committee Secretariat, PO Box 5013, Wellington 6145. 
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
p.000003:   
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...
           
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
p.000062:  participation and protection implicit in the Treaty should be respected by all researchers, and, where applicable, 
p.000062:  should be incorporated into all health research proposals (HRC 2005b). The principles can be explained as follows: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  8     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    partnership: working together with iwi, hapū, whānau and Māori communities to ensure Māori individual and 
p.000062:  collective rights are respected and protected in order to achieve health gain 
p.000062:  •    participation: involving Māori in the design, governance, management, implementation and analysis of research, 
p.000062:  particularly research involving Māori 
p.000062:  •    protection: actively protecting Māori individual and collective rights, and Māori data, cultural concepts, norms, 
p.000062:  practices and language in the research process. 
p.000062:   
p.000062:  4.8         There should be due recognition of Māori as the tāngata whenua and indigenous people of Aotearoa New 
p.000062:  Zealand. 
p.000062:   
p.000062:  4.9         Any potential cultural and ethical issues pertaining to Māori must be addressed through appropriate 
p.000062:  engagement with Māori, which may include discussions with appropriate representatives of specific whānau, hapū and iwi 
p.000062:  as determined by the scope and method of the study. 
p.000062:   
p.000062:  4.10       Comprehensive, high-quality Māori health research and information can inform both the Government and iwi on 
p.000062:  the matter of health priorities, and can assist whānau, hapū and iwi to be involved in meeting these priorities. 
p.000062:   
p.000062:   
p.000062:  Beneficence and non-maleficence 
p.000062:   
p.000062:  4.11       The principle of beneficence refers to a moral obligation to act in a way that will benefit others. 
p.000062:  ‘Non-maleficence’ refers to an obligation not to inflict harm on others (Beauchamp and Childress 2001). 
p.000062:   
p.000062:  4.12       In an intervention study the risks of the study should be reasonable in light of the expected benefits. The 
p.000062:  greatest risk is the potential for harm to study participants. This is particularly significant given that benefits 
p.000062:  often accrue to society but only in some cases to study participants. The greater the risk of harm from the study, the 
p.000062:  greater should be the care in addressing the ethical issues raised. 
...
           
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
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Social / Marital Status
Searching for indicator single:
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p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
p.000062:  Blinding prevents people involved in the study from knowing which intervention a participant has been allocated to. It 
p.000062:  is used in some intervention studies to minimise bias and maximise the reliability of study findings. In a single-blind 
p.000062:  study one group is blinded. Usually this group is the participants, who do not know which study group they have been 
p.000062:  allocated to. In a double – blind study two groups are blinded. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  4     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Usually these two groups are the participants and the investigator(s) administering the interventions: neither group 
p.000062:  knows which intervention the participants have been allocated to. Other groups that may be blinded include the outcome 
p.000062:  assessors, data analysts and those writing the study report. 
p.000062:   
p.000062:   
p.000062:  Scope of these Guidelines 
p.000062:  2.12       These Guidelines apply to intervention studies in New Zealand health and disability settings. Intervention 
p.000062:  studies differ from observational studies because, in the latter, the study investigator has no control over the study 
p.000062:  conditions and merely collects data. For guidance on observational studies, see the Ethical Guidelines for 
p.000062:  Observational Studies (NEAC 2012). 
p.000062:   
p.000062:  2.13       The Guidelines do not normally concern interventions in observational studies (eg, biopsies), where such 
p.000062:  interventions are carried out to obtain information rather than to study the effect of the intervention. 
p.000062:   
p.000062:  2.14       Intervention studies may involve the collection and use of human tissue. Specific guidance on the collection 
...
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     33 
p.000062:   
p.000062:  7      Confidentiality, disclosure and publication of results 
p.000062:  7.1         The information collected or determined by a study must be used in a way that does not disadvantage any 
p.000062:  participant. 
p.000062:   
p.000062:  7.2         Investigators should make arrangements for protecting the confidentiality of study data. The data can be 
p.000062:  identified, potentially identifiable, partially de-identified, de-identified or anonymous. These terms are defined 
p.000062:  below. 
p.000062:  •    Identified data: Identified data allow a specific individual to be identified. Identifiers may include the 
p.000062:  individual’s name, date of birth or address. In particularly small sets of data even information such as a postcode may 
p.000062:  be an identifier. 
p.000062:  •    Potentially identifiable (key-coded, re-identifiable) data: Key coding is the technique of separating personally 
p.000062:  identified data from substantive data, maintaining a potential link by assigning an arbitrary code number to each 
p.000062:  data-identifier pair before splitting them. Held securely and separately, the key allows the re-associating of the 
p.000062:  substantive data with the identifiers, under specified conditions, if that is ever necessary (Lowrance 2002). Data may 
p.000062:  be single-coded, or double-coded if extra security is required. Data can also be potentially identifiable if it is 
p.000062:  possible to infer an individual’s identity from them. 
p.000062:  •    Partially de-identified (AIDS-type code) data: Data coded with abbreviated identifiers (for example, initials, 
p.000062:  date of birth, sex) are used for reporting AIDS, HIV and some other conditions. This allows re-identification by the 
p.000062:  clinician reporting, but is anonymous to the recipient, although duplicates can be linked. 
p.000062:  •    De-identified (not re-identifiable, anonymised, anonymous, unlinked) data: The process of de-identification can be 
p.000062:  irreversible if the identifiers have been removed permanently. These data are referred to as ‘de-identified' data. It 
p.000062:  should be recognised that the term ‘de-identified’ is used frequently in other documents to refer to sets of data from 
p.000062:  which only names have been removed; in fact such data may remain ‘potentially identifiable’. 
p.000062:  •    Anonymous data: Anonymous data have been collected without personal identifiers, and no personal identifier can be 
p.000062:  inferred from them. 
p.000062:   
p.000062:  7.3         Investigators must ensure the adequate physical and electronic security of data. 
p.000062:   
p.000062:  7.4         For studies involving the collection of information about illegal activities (eg, the use of illegal 
p.000062:  substances), potential participants should be made aware of whether investigators can or cannot ensure confidentiality. 
p.000062:   
p.000062:  7.5         In the unusual event that individual or group confidentiality cannot be maintained or is violated – for 
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Social / Occupation
Searching for indicator job:
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p.000062:  of study findings. It can also expose study participants to (risk of) harm or inconvenience. 
p.000062:   
p.000062:  4.20       In intervention studies, potential for conflict of interest may arise when the investigator: 
p.000062:  •    is remunerated for participant recruitment (eg, with per capita payments) 
p.000062:  •    has a commercial interest in the intervention or financial links to the study sponsor 
p.000062:  •    will benefit in professional or academic terms from involvement in the study. 
p.000062:   
p.000062:  4.21       Investigators should disclose to relevant other parties (including the ethics committee, funder, employer, 
p.000062:  sponsor and study participants) any perceived potential or actual conflict of interest she or he has in relation to any 
p.000062:  others involved with the study. As appropriate to the circumstances, any conflict of interest should be avoided. Where 
p.000062:  this is not practicable, conflicts should be minimised and managed, using strategies such as oversight and disclosure. 
p.000062:   
p.000062:  4.22       Conflict of interest may also arise when the investigator is a participant’s usual health or disability 
p.000062:  service provider. This may cause a conflict between the investigator role and the clinician role. In some circumstances 
p.000062:  this dual role will be appropriate. However, this possible conflict should always be disclosed and discussed with any 
p.000062:  potential participants. 
p.000062:   
p.000062:  4.23       Other members of the study team, such as research nurses, may also be placed in positions of conflict of 
p.000062:  interest if their employment prospects, job continuation or remuneration depend directly on their recruiting 
p.000062:  participants into studies. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  10   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5      Study and protocol design 
p.000062:   
p.000062:  Study question 
p.000062:  5.1         Investigators should undertake studies that address important health and/or disability problems. 
p.000062:   
p.000062:  5.2         Investigators should develop clear study questions that identify the participant population, the 
p.000062:  intervention and the main outcome of interest. Normally the outcome(s) to be studied should be clinically significant. 
p.000062:   
p.000062:  5.3         Every study question should be based on a thorough review of the relevant literature. 
p.000062:   
p.000062:   
p.000062:  Study design 
p.000062:  5.4         The study design should be the one best suited to answer the study question, while minimising harm, 
p.000062:  maximising benefit and meeting other ethical standards. 
p.000062:   
p.000062:  5.5         Scientific soundness is ethically important. Projects without scientific merit needlessly expose 
p.000062:  participants to risk and misuse their time, and waste resources. 
p.000062:   
p.000062:  5.6         The intended number of participants in an intervention study should be sufficient to generate reliable 
p.000062:  study findings, and the consequent recruitment targets should be realistic. Statistical issues relating to trial 
p.000062:  design, sample size and analysis can be complex, and usually require expert advice. 
p.000062:   
p.000062:  5.7         The study protocol should contain an overview of the planned statistical analyses, and these planned 
...
           
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
p.000062:  duress, over-reaching or other ulterior form of constraint or coercion. 
p.000062:   
p.000062:  The primary issue surrounding the participation of inmates in research has always been whether inmates have a real 
p.000062:  choice whether to participate in research, or whether their situation prohibits the exercise of free choice. A 
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Social / Presence of Coercion
Searching for indicator coerced:
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p.000062:  research data once they attain the age of 16. 
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Section 36 of the Care of Children Act 2004 governs consent to any medical, surgical or dental procedures in relation 
p.000062:  to a child. Right 7 of the Code of Health and Disability Services Consumers Rights 1996 is also applicable in relation 
p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
p.000062:  participation in research. 
p.000062:   
p.000062:  Historically, they have experienced disadvantage, over-protection and abuse. Their right to give informed consent has 
p.000062:  typically been ignored, and unwarranted assumptions have been made about their lack of legal competence. 
p.000062:   
p.000062:  Research evidence and changing conceptions of individual rights have led to statutory changes which recognise a 
p.000062:  continuum of competence and its specificity to particular situations for a particular individual. 
p.000062:   
p.000062:  Research involving people with intellectual disabilities should: 
p.000062:  •    be designed and focuses on an issue of significant importance to people with intellectual disabilities 
p.000062:  •    respect the rights of people with intellectual disabilities to make their own choices and give informed consent 
p.000062:  •    protect people with intellectual disabilities from undue risks, exploitation and abuse. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     49 
p.000062:   
p.000062:  Capacity to give informed consent 
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Social / Property Ownership
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p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
p.000062:  family members, close friends or medical consultants should be encouraged. 
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
p.000062:  •    Should a witness or health and disability consumer advocate be present during consent negotiations? 
p.000062:  •    Is there reason to require that the consumer’s physician not be the clinical investigator? 
p.000062:  •    If a drug is administered at the community level, does the participant’s physician have access to information 
p.000062:  about the drug’s potential usefulness and potential risks? 
p.000062:   
p.000062:   
...
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p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
p.000062:  Disability Act 2000, section 11. The SOPs were created in 2012 in response to the Government response to a Select 
p.000062:  Committee inquiry into improving New Zealand’s environment to support innovation through clinical trials. They provide 
p.000062:  procedural guidance to HDECs and researchers, and set out the scope of HDEC review and information about how HDECs 
p.000062:  process applications. These Guidelines set the ethical standards that must be met or exceeded in all health and 
p.000062:  disability research, whether or not it requires HDEC review. The SOPs apply to intervention studies, but these 
p.000062:  Guidelines have precedence over the SOPs on any point of conflict relating to ethical standards and principles that 
p.000062:  must be met or exceeded in all health and disability research. 
p.000062:   
p.000062:  1.10       These Guidelines include references to legislation. It is the investigator’s responsibility to comply with 
p.000062:  all relevant legal requirements, including those set out in the: 
p.000062:  •    Accident Compensation Act 2001 
p.000062:  •    Care of Children Act 2004 
p.000062:  •    New Zealand Bill of Rights Act 1990 
p.000062:  •    Protection of Personal and Property Rights Act 1988 
p.000062:  •    Health and Disability Commissioner Act 1994 
p.000062:  •    Health Practitioners Competence Assurance Act 2003 
p.000062:  •    Code of Rights 
p.000062:  •    Privacy Act 1993 
p.000062:  •    Health Information Privacy Code 1994 
p.000062:  •    Human Tissue Act 1998 (particularly sections 9, 14, 19, 21, 22, 24 and 31). 
p.000062:   
p.000062:  1.11       The Code of Rights is a regulation issued under the Health and Disability Commissioner Act 1994, section 74. 
p.000062:  It sets out 10 rights of health and disability services consumers, including those involved in research. Investigators 
p.000062:  conducting intervention studies  should be familiar with their responsibilities under the Code of Rights, and should 
p.000062:  consider their study in light of the rights of (proposed) participants. The Code of Rights is available on the Health 
p.000062:  and Disability Commissioner’s website (www.hdc.org.nz). Particular rights are referenced at relevant points throughout 
p.000062:  these Guidelines. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  2     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  2      Definitions and scope of the Guidelines 
p.000062:  2.1         These Guidelines are intended primarily to guide investigators conducting intervention studies, and to 
p.000062:  assist them to conduct high-quality studies. 
p.000062:   
...
           
p.000062:  participants in a study of the care provided in an intensive care unit after major elective procedures) may be 
p.000062:  competent to make decisions about study participation at an earlier time. In such cases investigators should make all 
p.000062:  reasonable efforts to obtain prior consent to participate by the person, and to identify any prior consent or refusal 
p.000062:  to participate by the person, and should give effect to any such prior decision. (See also the Code of Rights, Right 
p.000062:  7(5) and clause 4 and the Health and Disability Commissioner Act 1994, section 2, definition of ‘health care 
p.000062:  procedure’.) 
p.000062:   
p.000062:  6.25       People who have diminished competence to make decisions about their participation in a study are entitled to 
p.000062:  make informed decisions to the extent appropriate to their level of competence. (See also the Code of Rights, Right 
p.000062:  7(3).) 
p.000062:   
p.000062:  6.26       In non-consensual studies it is the investigator’s responsibility to ensure that all applicable legal 
p.000062:  standards are met. New Zealand law substantially limits the powers of health practitioners to offer treatment without 
p.000062:  consent in the context of research. It also substantially limits the powers of others to consent to such treatment on 
p.000062:  behalf of any person who is not competent. (See, in particular, the New Zealand Bill of Rights Act 1990, the Protection 
p.000062:  of Personal and Property Rights Act 1988 and the Code of Rights, particularly Right 7(4).) 
p.000062:   
p.000062:  6.27       The ethical standards for non-consensual studies that are stated in these Guidelines are intended for 
p.000062:  application only to studies that are lawful. 
p.000062:   
p.000062:  6.28       Intervention studies with no therapeutic intent should be undertaken only with the prior informed consent of 
p.000062:  the competent individual, unless a legal proxy can consent for an incompetent individual. (See also ‘Studies with 
p.000062:  distinctive features – Non-therapeutic studies’, paragraphs 5.48–5.49.) 
p.000062:   
p.000062:  6.29       If a person is not competent to make an informed decision about participating in a therapeutic study, then 
p.000062:  the decision may be made by an individual who is legally entitled to decide on behalf of that person. If no such 
p.000062:  individual is available, and the investigator can legally undertake the study, then study participation must: 
p.000062:  •    meet appropriate ethical standards, which include the best intervention standard (see ‘Best intervention 
p.000062:  standard’, paragraphs 5.13–5.17) and the equipoise standard (see ‘Equipoise standard’, paragraphs 5.18–5.21) 
p.000062:  •    be consistent with the views of other suitable people who are interested in the person’s welfare and available to 
p.000062:  advise on this 
p.000062:  •    be in accordance with a study protocol approved by an ethics committee. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  24   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Study conduct 
...
           
p.000062:  or in combination with another intervention. For interventions intended to be administered for long periods, studies 
p.000062:  involving extended exposure to the intervention are usually conducted in Phase III, although they may be started in 
p.000062:  Phase II (ICH 1997: 7). 
p.000062:  Phase IV study: a study (other than routine surveillance) performed after an intervention’s approval, related to the 
p.000062:  approved indication. Phase IV studies are studies that were not considered necessary for approval but can be important 
p.000062:  for optimising the intervention’s use. They may be of any type of study design, but should have valid scientific 
p.000062:  objectives. Studies in this phase commonly examine additional drug–drug interaction or the dose–response relationship 
p.000062:  or safety, or investigate use under the approved indication, such as mortality/morbidity studies and epidemiological 
p.000062:  studies (ICH 1997: 8). 
p.000062:  Placebo: an inactive or ‘dummy’ intervention used in some studies to help assess the comparative safety and 
p.000062:  effectiveness of an active intervention. Using a placebo assists blinding, as participants (and, in some studies, 
p.000062:  investigators) are unaware to which group each participant has been allocated. 
p.000062:  Principal investigator: the qualified health professional or qualified researcher with primary responsibility for the 
p.000062:  design and conduct of a particular investigation (referred to as a ‘co-ordinating investigator’ in the SOPs for HDECs). 
p.000062:  PPPR Act 1988: the Protection of Personal and Property Rights Act 1988. 
p.000062:  Protocol: a protocol document describes the objective(s), design, methodology, statistical considerations and 
p.000062:  organisation of a trial. The protocol often gives the background and rationale for the trial, but these could be 
p.000062:  provided in other documents referenced by the protocol (ICH 1996: 6). 
p.000062:  Randomised controlled trial: the general term for a study in which participants are randomly assigned to intervention 
p.000062:  and control groups to receive or not receive a diagnostic, preventive or therapeutic  intervention. Findings in such a 
p.000062:  study are assessed by comparing rates of disease, death, recovery or other appropriate end-points in the intervention 
p.000062:  and control groups. 
p.000062:  Serious adverse drug reaction: an adverse drug reaction that results in death, or is life-threatening, or requires 
p.000062:  inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  Serious adverse event: an adverse event that results in death, or is life-threatening, or requires inpatient 
p.000062:  hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or significant 
p.000062:  disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important event or 
p.000062:  reaction (MHRA 2009). 
...
           
p.000062:  decision whether or not to take part in the research. 
p.000062:   
p.000062:  A permanent record of the process of information provision should be kept. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     51 
p.000062:   
p.000062:  Recording consent 
p.000062:  While written consent is the usual method of recording informed consent in research, some people with intellectual 
p.000062:  disabilities may be unable to read and/or write, and other methods of obtaining and recording informed consent may be 
p.000062:  more appropriate. 
p.000062:   
p.000062:  The critical ethical issue relates to obtaining consent based on information and non-coercion. To assure other people 
p.000062:  that this has occurred, it is necessary to have a permanent record. An audiotape of an oral discussion of the 
p.000062:  researcher and a participant involving information provision and decision-making can provide an even fuller record of 
p.000062:  the validity of the consent obtained than a signature on a consent form. 
p.000062:   
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Applicable legislation includes: 
p.000062:  •    sections 6 and 18 of the Protection of Personal and Property Rights Act 1988 
p.000062:  •    section 17 of the Judicature Act 1908 
p.000062:  •    Rights 7 and 7(3) of the Code of Health and Disability Services Consumers’ Rights 1996. 
p.000062:   
p.000062:  Case law with regard to section 17 of the Judicature Act 1908 has said that the approval of the court is required when 
p.000062:  the: 
p.000062:  •    principal or a major aim of the surgical procedure has a non-therapeutic purpose 
p.000062:  •    medical procedure involves interference with a basic human right. 
p.000062:   
p.000062:   
p.000062:  Research involving unconscious participants 
p.000062:  Research involving unconscious participants may involve the use of an innovative practice or the evaluation of an 
p.000062:  established therapeutic practice or treatment. In some circumstances, research may involve the delivery of therapeutic 
p.000062:  interventions in emergency situations (such as consumers requiring intensive care). Whatever the case, research 
p.000062:  involving unconscious participants raises special problems regarding informed consent. 
p.000062:   
p.000062:  This section addresses issues arising where individuals are unconscious at the time their participation in research is 
p.000062:  being considered. When it is foreseeable that treatment will be needed and participants can be identified in advance 
p.000062:  (for example, a study to be performed after elective major surgery), informed consent may be obtained well before the 
p.000062:  surgery. 
p.000062:   
p.000062:   
...
Social / Religion
Searching for indicator belief:
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p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
...
           
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Does the proposed consent process provide mechanisms for determining the adequacy of prospective participants’ 
p.000062:  comprehension and recall? 
p.000062:  •    How will participants’ competence to consent be determined? 
p.000062:  •    Will the research take place in an institutional setting? Has the possibility of coercion and undue influence been 
p.000062:  sufficiently minimised? 
p.000062:  •    If older people have been excluded from the research, are the reasons valid? 
p.000062:  •    Does the research methodology make adequate provision for older people (and others) with hearing and/or vision 
p.000062:  problems or with difficulty in communicating (eg, due to stroke, multiple sclerosis or Parkinsonism)? 
p.000062:   
p.000062:   
p.000062:  Research involving specific categories of healthy participants 
p.000062:   
p.000062:  Students 
p.000062:  Universities provide investigators with a ready pool of research participants: students. The problem with student 
p.000062:  participation in research conducted at the university is the possibility that their agreement to participate will not 
p.000062:  be freely given. Students may volunteer to participate out of a belief that doing so will place them in good favour 
p.000062:  with academic staff (for example, that participating will result in receiving better grades, recommendations or 
p.000062:  employment, or the like), or that failure to participate will negatively affect their relationship with the 
p.000062:  investigator or faculty generally. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     59 
p.000062:   
p.000062:  Prohibiting all student participation in research, however, would be an over-protective reaction. An alternative way to 
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
...
Searching for indicator religion:
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p.000062:   
p.000062:  5.23       In some intervention studies all participants receive the best proven current intervention, and are given 
p.000062:  either a placebo or the study intervention as well. This approach does not raise any particular ethical issues, because 
p.000062:  the best proven current intervention is still given to all participants. A similar situation may also arise with other 
p.000062:  study designs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     13 
p.000062:   
p.000062:  5.24       When a placebo control is used, the investigator should ensure that each participant is fully informed 
p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
...
Social / Student
Searching for indicator student:
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p.000062:  questions and hypotheses will build on and address gaps in existing knowledge. 
p.000062:  •    The design and methods: The quality of study design and methods should be reviewed to assess its robustness. This 
p.000062:  might include study methodology, a description of sample recruitment and characteristics (including number, gender and 
p.000062:  ethnicity where relevant) and proposed methods of data analysis. Indication of timelines for the research should be 
p.000062:  included. 
p.000062:  •    The feasibility of the research: This includes whether the overall strategy, methodology and analyses are well 
p.000062:  reasoned and appropriate to achieve the specific aims of the project. It should determine whether the research has the 
p.000062:  likelihood, on balance, of improving scientific knowledge, concepts, technical capacity or methods in the research 
p.000062:  field, or of contributing to better treatments, services, health outcomes or preventive interventions. The research 
p.000062:  will be achievable within the specified timeframe and the research team has the appropriate experience and expertise to 
p.000062:  undertake the research. 
p.000062:   
p.000062:   
p.000062:  Core features of the peer review process 
p.000062:  A peer review process should be commensurate with the type of proposal, the potential risk to participants and where 
p.000062:  the research will be undertaken. The type of peer review process that is used must be fit-for-purpose and justifiable. 
p.000062:  For example, the mechanism for delivering peer review of a graduate student project carried out largely within a 
p.000062:  tertiary institution will differ from that of a multi-centre clinical trial. Opinions from one or more peers may be 
p.000062:  sought; again, the extent of peer review should be fit-for-purpose. Despite potential differences, an appropriate 
p.000062:  process for ensuring scientific validity will have the following features: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  44   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    Peer review delivers an informed opinion: An effective peer review process provides perspectives from subject 
p.000062:  matter experts. It may be suitable for informed perspectives to be sought from individuals in the same organisation as 
p.000062:  the researcher, as long as the requirements of freedom from bias, equity and fairness can be met. An appropriate peer 
p.000062:  is one who can deliver an informed opinion on some or all of a proposal. Reviewers will be knowledgeable about the 
p.000062:  topic and/or context for the research, have the appropriate expertise relative to the breadth and scope of research 
p.000062:  under review and, as a result, will be well placed to make a statement as to whether the research in question has 
p.000062:  verifiable scientific merit. Peer review of scientific validity may include consideration of cultural relevance and 
p.000062:  appropriateness. 
p.000062:  •    Peer review delivers an objective opinion: Those acting in the capacity of reviewers are charged with delivering a 
...
           
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Does the proposed consent process provide mechanisms for determining the adequacy of prospective participants’ 
p.000062:  comprehension and recall? 
p.000062:  •    How will participants’ competence to consent be determined? 
p.000062:  •    Will the research take place in an institutional setting? Has the possibility of coercion and undue influence been 
p.000062:  sufficiently minimised? 
p.000062:  •    If older people have been excluded from the research, are the reasons valid? 
p.000062:  •    Does the research methodology make adequate provision for older people (and others) with hearing and/or vision 
p.000062:  problems or with difficulty in communicating (eg, due to stroke, multiple sclerosis or Parkinsonism)? 
p.000062:   
p.000062:   
p.000062:  Research involving specific categories of healthy participants 
p.000062:   
p.000062:  Students 
p.000062:  Universities provide investigators with a ready pool of research participants: students. The problem with student 
p.000062:  participation in research conducted at the university is the possibility that their agreement to participate will not 
p.000062:  be freely given. Students may volunteer to participate out of a belief that doing so will place them in good favour 
p.000062:  with academic staff (for example, that participating will result in receiving better grades, recommendations or 
p.000062:  employment, or the like), or that failure to participate will negatively affect their relationship with the 
p.000062:  investigator or faculty generally. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     59 
p.000062:   
p.000062:  Prohibiting all student participation in research, however, would be an over-protective reaction. An alternative way to 
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
...
Social / Victim of Abuse
Searching for indicator trauma:
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p.000062:   
p.000062:  One of the exceptions is in an emergency situation, where a health practitioner may, out of necessity, treat a consumer 
p.000062:  where the consumer cannot give consent and it is not possible to obtain consent from a person entitled to give consent 
p.000062:  on behalf of that consumer. The action or treatment must be appropriate and reasonable in the circumstances and not 
p.000062:  more extensive than required. Any action or treatment must be in the best interest of the consumer’s life or physical 
p.000062:  or mental health and must not be contrary to the known wishes of the consumer. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     53 
p.000062:   
p.000062:  Risks and benefits 
p.000062:  The risks and benefits of studies involving unconscious consumers may vary from extremely high to negligible. At one 
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
p.000062:  •    the Crimes Act 1961, sections 61 and 61A 
p.000062:  •    the New Zealand Bill of Rights Act 1990, sections 10 and 11. 
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
...
Searching for indicator abuse:
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p.000062:  to consent to treatment and/or research. 
p.000062:   
p.000062:   
p.000062:  Research involving people with intellectual disabilities 
p.000062:  This section draws extensively on the 1998 paper ‘Research Involving People with Intellectual Disabilities: Issues of 
p.000062:  Informed Consent and Participation’ by Anne Bray, Director, Donald Beasley Institute Inc (for full references refer to 
p.000062:  the original paper). 
p.000062:   
p.000062:   
p.000062:  Introduction 
p.000062:  The predominant ethical concern in research involving individuals with intellectual disabilities relates to the extent 
p.000062:  to which such individuals are able to give informed consent to participate in research. People with intellectual 
p.000062:  disabilities may be at risk of information not being provided at an appropriate level, of not being able to understand 
p.000062:  or reason adequately about the information, or of being easily coerced into taking part. 
p.000062:   
p.000062:  People with intellectual disabilities have the same rights as other members of New Zealand society. These rights 
p.000062:  include the right to choose whether to participate in research and the right to be protected from any undue risks from 
p.000062:  participation in research. 
p.000062:   
p.000062:  Historically, they have experienced disadvantage, over-protection and abuse. Their right to give informed consent has 
p.000062:  typically been ignored, and unwarranted assumptions have been made about their lack of legal competence. 
p.000062:   
p.000062:  Research evidence and changing conceptions of individual rights have led to statutory changes which recognise a 
p.000062:  continuum of competence and its specificity to particular situations for a particular individual. 
p.000062:   
p.000062:  Research involving people with intellectual disabilities should: 
p.000062:  •    be designed and focuses on an issue of significant importance to people with intellectual disabilities 
p.000062:  •    respect the rights of people with intellectual disabilities to make their own choices and give informed consent 
p.000062:  •    protect people with intellectual disabilities from undue risks, exploitation and abuse. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     49 
p.000062:   
p.000062:  Capacity to give informed consent 
p.000062:  It has often been assumed that anyone who has any degree of intellectual disability is therefore incapable of giving 
p.000062:  informed consent to treatment or involvement in research. The capacity to give informed consent is a continuum, and a 
p.000062:  person’s capacity to make decisions may vary depending on the specific topic or area of life under consideration. 
p.000062:   
p.000062:  People with intellectual disabilities vary widely in their degree of intellectual disability and in their ability to 
p.000062:  understand, reason and communicate. Many people with intellectual disabilities will be capable of making decisions or 
p.000062:  giving informed consent, depending on the nature of the specific decision in question. The capacity of an individual to 
p.000062:  give informed consent should be assessed on a case-by-case basis. 
p.000062:   
p.000062:  When considering the competence of a person with an intellectual disability to give informed consent it should be 
...
Social / Youth/Minors
Searching for indicator minor:
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p.000062:  •    the research is designed or supervised and carried out by people experienced in working with children 
p.000062:  •    the number of children involved is limited to the number which is scientifically and clinically essential. 
p.000062:   
p.000062:   
p.000062:  Risk 
p.000062:  Research procedures or interventions which are intended to provide direct therapeutic benefit to the child participants 
p.000062:  may be undertaken if: 
p.000062:  •    the risk is justified by the anticipated benefit to the child participants 
p.000062:  •    any ratio of the anticipated benefit to the risk is likely to be at least as favourable to the child participant 
p.000062:  as any available alternative. 
p.000062:   
p.000062:  Research procedures or interventions which are not intended to be of direct benefit to the child participants, but 
p.000062:  which are likely to yield generalisable knowledge about the child’s disorder or condition which is of vital importance 
p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
p.000062:  •    any risk represents a minor increase over minimal risk 
p.000062:  •    the interventions or procedures present experiences to the child participants which are reasonably commensurate 
p.000062:  with those inherent in their actual or expected medical, psychological, social or educational situations. 
p.000062:   
p.000062:  Research procedures which are not intended to be of direct benefit to the child participants, and do not come within 
p.000062:  the scope of research set out in the paragraphs above, may be undertaken only if the risk presented by the 
p.000062:  interventions to the child participant is: 
p.000062:  •    minimal; and 
p.000062:  •    commensurate with the importance of the knowledge to be gained. 
p.000062:   
p.000062:   
p.000062:  Informed consent 
p.000062:  Information 
p.000062:  When inviting children to participate in any research, the investigator must ensure that the children and, where 
p.000062:  appropriate, the children’s parents, guardians or caregivers have been fully informed about the research in a manner 
p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
...
Searching for indicator youth:
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p.000062:  participants and researchers, and the balance of risk and benefit, by ethics committees is likely to involve scrutiny 
p.000062:  of study design and execution. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     45 
p.000062:   
p.000062:  Appendix 2: Research papers 
p.000062:  Note: This appendix derives from the Ministry of Health’s 2006 Operational Standard for Ethics Committees: Updated 
p.000062:  Edition (Wellington: Ministry of Health). 
p.000062:   
p.000062:   
p.000062:  Research involving children and young people 
p.000062:  This section presents the ethical guidelines developed by Nicola Peart and David Holdaway on health research with 
p.000062:  children and young people (for full references refer to the original article).1 For further information on issues 
p.000062:  relating to research with children, refer to the following publications. 
p.000062:  •    Peart N, Holdaway D. 1998. Legal and ethical issues of health research with children. 
p.000062:  Childrenz Issues 2: 42–6. 
p.000062:  •    Peart N. 2000. Health research with children: the New Zealand experience. Current Legal Issues 3: 421–39. 
p.000062:  •    Ministry of Health. 1999. Consent in Child and Youth Health: Information for practitioners. Wellington: Ministry 
p.000062:  of Health. 
p.000062:   
p.000062:  The special vulnerability of children makes consideration of involving them as research participants particularly 
p.000062:  important. To safeguard their interests and to protect them from harm, special ethical considerations should be in 
p.000062:  place for reviewing research with children. 
p.000062:   
p.000062:   
p.000062:  Principles 
p.000062:  These guidelines are based on six principles, based on the Guidelines of the Royal College of Paediatrics and Child 
p.000062:  Health 1999 and the European Convention for the Protection of Human Rights and Dignity of the Human Being with Regard 
p.000062:  to the Application of Biology and Medicine 1996. 
p.000062:  •    Research involving children is important for the benefit of all children and should be supported, encouraged and 
p.000062:  conducted in an ethical manner. 
p.000062:  •    Children are not small adults; they have their own unique set of interests. 
p.000062:  •    Research should only be done with children if comparable research with adults could not answer the same question 
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
...
Social / education
Searching for indicator education:
(return to top)
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  2     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  2      Definitions and scope of the Guidelines 
p.000062:  2.1         These Guidelines are intended primarily to guide investigators conducting intervention studies, and to 
p.000062:  assist them to conduct high-quality studies. 
p.000062:   
p.000062:  2.2         Scientific matters that raise specific ethical issues are discussed in these Guidelines, but the Guidelines 
p.000062:  do not contain a complete description of all scientific issues relating to intervention studies. 
p.000062:   
p.000062:  2.3         The Guidelines are designed to apply to intervention studies in health or disability settings, but they may 
p.000062:  also be relevant to similar studies (eg, some studies of interventions in educational, sociological or psychological 
p.000062:  settings). 
p.000062:   
p.000062:   
p.000062:  Definition of ‘intervention study’ 
p.000062:   
p.000062:  Intervention study 
p.000062:   
p.000062:  2.4         An intervention study is a study in which the investigator controls and studies the intervention(s) 
p.000062:  provided to participants for the purpose of adding to knowledge of the health effects of the intervention(s). The term 
p.000062:  ‘intervention study’ is often used interchangeably with ‘experimental study’. Many intervention studies are clinical 
p.000062:  trials. 
p.000062:   
p.000062:   
p.000062:  Intervention 
p.000062:   
p.000062:  2.5         In an intervention study, an intervention may be, for example: 
p.000062:  •    preventive, diagnostic or therapeutic 
p.000062:  •    a new intervention (including medication, psychological treatment, health education, radiation therapy, a vaccine, 
p.000062:  a surgical device, or a surgical or other technique) 
p.000062:  •    an intervention established in practice but not adequately substantiated by scientific evidence 
p.000062:  •    an established intervention being used for a new purpose 
p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
p.000062:  intervention previously untested in humans to evaluate its safety. 
p.000062:   
p.000062:  2.6         Common types of intervention studies are explained in the Glossary. Not listed in the Glossary are emerging 
p.000062:  trial designs, for which specific ethical issues may arise. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        3 
p.000062:   
p.000062:  Features of intervention studies 
p.000062:   
p.000062:  Participants 
p.000062:   
p.000062:  2.7         The primary participants in most intervention studies are volunteers who have given their informed consent 
p.000062:  to participate. In some studies the primary participants are grouped in communities (eg, geographical communities or 
p.000062:  organisations such as schools). 
p.000062:   
p.000062:   
p.000062:  Study groups 
p.000062:   
...
           
p.000062:   
p.000062:  5.23       In some intervention studies all participants receive the best proven current intervention, and are given 
p.000062:  either a placebo or the study intervention as well. This approach does not raise any particular ethical issues, because 
p.000062:  the best proven current intervention is still given to all participants. A similar situation may also arise with other 
p.000062:  study designs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     13 
p.000062:   
p.000062:  5.24       When a placebo control is used, the investigator should ensure that each participant is fully informed 
p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
...
           
p.000062:  recognised that different decisions demand different levels of competence. In other words, a person with an 
p.000062:  intellectual disability may not be competent to give informed consent to participate in a clinical trial of 
p.000062:  psychoactive drugs but may well be competent to consent to be interviewed about his/her experiences of community 
p.000062:  living. 
p.000062:   
p.000062:  Issues of competence to consent are highly significant for people with intellectual disabilities in their daily lives. 
p.000062:  Questions arise in the provision of health and disability services, their rights to undertake legal contracts, criminal 
p.000062:  liability, ability to be a witness in a trial – to mention a few. 
p.000062:   
p.000062:  Factors to consider when researching with people with intellectual disabilities include the following. 
p.000062:  •    People with intellectual disabilities are not usually concerned about the implications of research for public 
p.000062:  policy, but are more likely to be interested in what changes the research can bring about for them personally. 
p.000062:  •    People with intellectual disabilities often have difficulty separating hypothetical situations from personal 
p.000062:  anxieties and concerns. 
p.000062:  •    People with intellectual disabilities often have fewer opportunities to acquire ordinary knowledge (for example, 
p.000062:  due to lack of or inappropriate education, segregation, over- protection or lack of access to information). 
p.000062:  •    The most difficult area for people with intellectual disabilities to understand is the area of legal rights. They 
p.000062:  may have limited experience of their voluntary decisions being respected. 
p.000062:  •    People with intellectual disabilities often have a tendency to comply with the perceived demands of an authority 
p.000062:  figure. 
p.000062:  •    Even persons with severe disabilities may be able to make decisions if given the opportunity, support and training 
p.000062:  to do so. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  50   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  People with intellectual disabilities may have specific difficulties relevant to informed consent, including: 
p.000062:  •    a reduced vocabulary and understanding of abstract words and ideas 
p.000062:  •    shorter attention spans and reduced short-term memory capacity 
p.000062:  •    limited abstraction skills (that is, concrete and literal understanding of questions and situations) 
p.000062:  •    a reluctance to rarely say they do not understand unless directly asked 
p.000062:  •    difficulty following long, run-on sentences 
p.000062:  •    difficulty answering time-related questions. 
p.000062:   
p.000062:  Proposals for research involving people with intellectual disabilities should clearly describe: 
p.000062:  •    the proposed sample of participants and the possible range of intellectual disabilities to be included 
...
Searching for indicator educational:
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p.000062:  It sets out 10 rights of health and disability services consumers, including those involved in research. Investigators 
p.000062:  conducting intervention studies  should be familiar with their responsibilities under the Code of Rights, and should 
p.000062:  consider their study in light of the rights of (proposed) participants. The Code of Rights is available on the Health 
p.000062:  and Disability Commissioner’s website (www.hdc.org.nz). Particular rights are referenced at relevant points throughout 
p.000062:  these Guidelines. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  2     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  2      Definitions and scope of the Guidelines 
p.000062:  2.1         These Guidelines are intended primarily to guide investigators conducting intervention studies, and to 
p.000062:  assist them to conduct high-quality studies. 
p.000062:   
p.000062:  2.2         Scientific matters that raise specific ethical issues are discussed in these Guidelines, but the Guidelines 
p.000062:  do not contain a complete description of all scientific issues relating to intervention studies. 
p.000062:   
p.000062:  2.3         The Guidelines are designed to apply to intervention studies in health or disability settings, but they may 
p.000062:  also be relevant to similar studies (eg, some studies of interventions in educational, sociological or psychological 
p.000062:  settings). 
p.000062:   
p.000062:   
p.000062:  Definition of ‘intervention study’ 
p.000062:   
p.000062:  Intervention study 
p.000062:   
p.000062:  2.4         An intervention study is a study in which the investigator controls and studies the intervention(s) 
p.000062:  provided to participants for the purpose of adding to knowledge of the health effects of the intervention(s). The term 
p.000062:  ‘intervention study’ is often used interchangeably with ‘experimental study’. Many intervention studies are clinical 
p.000062:  trials. 
p.000062:   
p.000062:   
p.000062:  Intervention 
p.000062:   
p.000062:  2.5         In an intervention study, an intervention may be, for example: 
p.000062:  •    preventive, diagnostic or therapeutic 
p.000062:  •    a new intervention (including medication, psychological treatment, health education, radiation therapy, a vaccine, 
p.000062:  a surgical device, or a surgical or other technique) 
p.000062:  •    an intervention established in practice but not adequately substantiated by scientific evidence 
p.000062:  •    an established intervention being used for a new purpose 
p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
...
           
p.000062:   
p.000062:   
p.000062:  Risk 
p.000062:  Research procedures or interventions which are intended to provide direct therapeutic benefit to the child participants 
p.000062:  may be undertaken if: 
p.000062:  •    the risk is justified by the anticipated benefit to the child participants 
p.000062:  •    any ratio of the anticipated benefit to the risk is likely to be at least as favourable to the child participant 
p.000062:  as any available alternative. 
p.000062:   
p.000062:  Research procedures or interventions which are not intended to be of direct benefit to the child participants, but 
p.000062:  which are likely to yield generalisable knowledge about the child’s disorder or condition which is of vital importance 
p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
p.000062:  •    any risk represents a minor increase over minimal risk 
p.000062:  •    the interventions or procedures present experiences to the child participants which are reasonably commensurate 
p.000062:  with those inherent in their actual or expected medical, psychological, social or educational situations. 
p.000062:   
p.000062:  Research procedures which are not intended to be of direct benefit to the child participants, and do not come within 
p.000062:  the scope of research set out in the paragraphs above, may be undertaken only if the risk presented by the 
p.000062:  interventions to the child participant is: 
p.000062:  •    minimal; and 
p.000062:  •    commensurate with the importance of the knowledge to be gained. 
p.000062:   
p.000062:   
p.000062:  Informed consent 
p.000062:  Information 
p.000062:  When inviting children to participate in any research, the investigator must ensure that the children and, where 
p.000062:  appropriate, the children’s parents, guardians or caregivers have been fully informed about the research in a manner 
p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
p.000062:  •    Each child must be given full information about the research in a form that he or she can readily understand. 
p.000062:  •    Children must be advised of their right to decline participation and their right to withdraw from the research at 
p.000062:  any time without giving a reason. 
...
Social / employees
Searching for indicator employees:
(return to top)
           
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
p.000062:  susceptible to harm either because of their health status, physical or mental capacity or employment status, or as a 
p.000062:  result of imprisonment. Non-exhaustive examples of potentially vulnerable people include: 
p.000062:  •    children and young people 
p.000062:  •    people with mental illness 
p.000062:  •    people with serious intellectual disability 
p.000062:  •    people with English as a second language and/or a different cultural background to the investigators (for studies 
p.000062:  whose details are primarily, or only, stated in English) 
p.000062:  •    people whose freedom to make independent choices is restricted (eg, prisoners, employees of a sponsoring company 
p.000062:  or students) 
p.000062:  •    people with serious illness for which the study treatment offers potential benefits that substantially exceed 
p.000062:  those of any other available treatment. 
p.000062:   
p.000062:  5.29       It is important to remember that even if a group is identified as likely to be vulnerable, the label may not 
p.000062:  apply to all individuals in such groups, and even where it does apply, it may do so only intermittently. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  14   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.30       Vulnerable people should have the opportunity to be included in high-quality studies on questions that might 
p.000062:  affect their health, taking the following into account. 
p.000062:  •    The study should ask questions that matter to the participant’s community, and the answers should benefit the 
p.000062:  community. 
p.000062:  •    Studies should not be performed with vulnerable groups if they can be adequately performed with other groups. 
p.000062:  •    Where a study with a vulnerable group is conducted, it should involve the least vulnerable people in that group 
p.000062:  (eg, older rather than younger children). 
p.000062:  •    Intervention studies should be conducted only if the risk to vulnerable people is at an acceptable minimum. (See 
p.000062:  also paragraph 5.35 below.) 
...
           
p.000062:  employment, or the like), or that failure to participate will negatively affect their relationship with the 
p.000062:  investigator or faculty generally. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     59 
p.000062:   
p.000062:  Prohibiting all student participation in research, however, would be an over-protective reaction. An alternative way to 
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
p.000062:  duress, over-reaching or other ulterior form of constraint or coercion. 
p.000062:   
p.000062:  The primary issue surrounding the participation of inmates in research has always been whether inmates have a real 
p.000062:  choice whether to participate in research, or whether their situation prohibits the exercise of free choice. A 
p.000062:  secondary issue is whether confidentiality of participation and of data can be adequately maintained in the prison. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
...
Social / gender
Searching for indicator gender:
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     43 
p.000062:   
p.000062:  Peer review 
p.000062:  The role of New Zealand’s HDECs is to check that proposed health and disability research meets established ethical 
p.000062:  standards that aim to protect participants (see the SOPs). The SOPs require that researchers and sponsors ensure that 
p.000062:  the scientific validity of proposed research has been peer-reviewed before an application is made to an HDEC. In this 
p.000062:  context, peer review is the process by which an applicant can assure an HDEC that a proposal has an appropriate degree 
p.000062:  of scientific merit, feasibility and likelihood of impact. 
p.000062:   
p.000062:   
p.000062:  Areas of focus during peer review 
p.000062:  Peer review can be tailored to deliver opinions on a variety of matters relating to a health and disability research 
p.000062:  proposal. In order to determine scientific validity, the following factors should specifically be determined: 
p.000062:  •    The relative merit of the research: A key consideration is whether the proposed work is important, worthwhile and 
p.000062:  justifiable. The research should address a health issue that is important for health and/or society. The aims, research 
p.000062:  questions and hypotheses will build on and address gaps in existing knowledge. 
p.000062:  •    The design and methods: The quality of study design and methods should be reviewed to assess its robustness. This 
p.000062:  might include study methodology, a description of sample recruitment and characteristics (including number, gender and 
p.000062:  ethnicity where relevant) and proposed methods of data analysis. Indication of timelines for the research should be 
p.000062:  included. 
p.000062:  •    The feasibility of the research: This includes whether the overall strategy, methodology and analyses are well 
p.000062:  reasoned and appropriate to achieve the specific aims of the project. It should determine whether the research has the 
p.000062:  likelihood, on balance, of improving scientific knowledge, concepts, technical capacity or methods in the research 
p.000062:  field, or of contributing to better treatments, services, health outcomes or preventive interventions. The research 
p.000062:  will be achievable within the specified timeframe and the research team has the appropriate experience and expertise to 
p.000062:  undertake the research. 
p.000062:   
p.000062:   
p.000062:  Core features of the peer review process 
p.000062:  A peer review process should be commensurate with the type of proposal, the potential risk to participants and where 
p.000062:  the research will be undertaken. The type of peer review process that is used must be fit-for-purpose and justifiable. 
p.000062:  For example, the mechanism for delivering peer review of a graduate student project carried out largely within a 
p.000062:  tertiary institution will differ from that of a multi-centre clinical trial. Opinions from one or more peers may be 
p.000062:  sought; again, the extent of peer review should be fit-for-purpose. Despite potential differences, an appropriate 
p.000062:  process for ensuring scientific validity will have the following features: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
...
Social / parents
Searching for indicator parent:
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p.000062:  place for reviewing research with children. 
p.000062:   
p.000062:   
p.000062:  Principles 
p.000062:  These guidelines are based on six principles, based on the Guidelines of the Royal College of Paediatrics and Child 
p.000062:  Health 1999 and the European Convention for the Protection of Human Rights and Dignity of the Human Being with Regard 
p.000062:  to the Application of Biology and Medicine 1996. 
p.000062:  •    Research involving children is important for the benefit of all children and should be supported, encouraged and 
p.000062:  conducted in an ethical manner. 
p.000062:  •    Children are not small adults; they have their own unique set of interests. 
p.000062:  •    Research should only be done with children if comparable research with adults could not answer the same question 
p.000062:  and the purpose of the research is to obtain knowledge relevant to the health needs of children. 
p.000062:  •    A research procedure which is not intended directly to benefit the child participant is not necessarily unethical. 
p.000062:  •    Legally valid consent should be obtained from the child, parent or guardian as appropriate. When parental consent 
p.000062:  is obtained, the assent or consent of the children should, wherever possible, also be obtained by the researcher. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  1    Peart N, Holdaway D. 2000. Ethical Guidelines for Health Research with Children. New Zealand Bioethics Journal 
p.000062:  1(2): 3–9. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  46   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Nature and design of research 
p.000062:  Before undertaking research with children, the investigator must ensure that: 
p.000062:  •    children will not be involved in research that might equally well be carried out with adults 
p.000062:  •    the purpose of the research is to obtain knowledge relevant to the health needs of children 
p.000062:  •    if a choice of age groups is possible, older children should be involved in preference to younger ones 
p.000062:  •    the research is designed or supervised and carried out by people experienced in working with children 
p.000062:  •    the number of children involved is limited to the number which is scientifically and clinically essential. 
p.000062:   
p.000062:   
p.000062:  Risk 
...
           
p.000062:   
p.000062:  Consent 
p.000062:  Before undertaking research with children, the investigator must ensure that appropriate consent is sought on the basis 
p.000062:  of the information provided. 
p.000062:  •    The consent of a child of or over the age of 16 must be obtained, and has the same effect as if the child were of 
p.000062:  full age. 
p.000062:  •    If the child is below the age of 16, but has the competence to understand the nature, risks and consequences of 
p.000062:  the research: 
p.000062:  –    the consent of the child must be obtained; and 
p.000062:  –    that consent will have the same effect as if the child were of full age. 
p.000062:  •    If the child is below the age of 16, and lacks the necessary competence to give legally effective consent: 
p.000062:  –    the child’s parent or legal guardian must give permission for the child’s participation 
p.000062:  –    the child’s assent must be obtained unless the child is unable to communicate 
p.000062:  –    the refusal of a child to participate in research must be respected unless, according to the research protocol, 
p.000062:  the child would receive therapy for which there is no medically acceptable alternative. 
p.000062:  •    Care must be taken to ensure that no pressure is placed upon a child to consent to participate in research, 
p.000062:  especially if the procedures are not intended to be of direct benefit to the child participants. 
p.000062:  •    The requirement for written consent should take into consideration the age and competence of the child. 
p.000062:   
p.000062:  Inducements 
p.000062:  Families and children must not receive any financial payments or other reward for participating in the research. Only 
p.000062:  expenses resulting from participation may be reimbursed. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  48   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Health research data 
p.000062:  Retention and use of personally identifiable health research data. 
...
           
p.000062:   
p.000062:  Both the Bill of Rights and the Code of Health and Disability Services Consumers’ Rights 1996 relate to a person being 
p.000062:  physically involved in the research. When considering the legality of research involving unconscious consumers it is 
p.000062:  therefore important to distinguish between research where individuals directly participate (such as with an innovative 
p.000062:  practice or a clinical trial) and research that utilises information normally gathered during the course of the 
p.000062:  delivery of a currently recognised health care practice or treatment (such as the clinical evaluation of a particular 
p.000062:  treatment). 
p.000062:   
p.000062:  If the latter is the case (the research does not involve any additional information gathering above what would normally 
p.000062:  be associated with a particular treatment), then research can proceed if conducted in compliance with the Health 
p.000062:  Information Privacy Code 1994. 
p.000062:   
p.000062:  Where research would require the physical involvement of a consumer, each specific case will need to be assessed to 
p.000062:  determine whether the proposed research is in compliance with the law. The following factors should form the basis of 
p.000062:  the assessment. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  54   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    What is the age of the unconscious person? 
p.000062:  •    Can another person legally consent (parent, legal guardian, holder of enduring power of attorney)? 
p.000062:  •    What kind of research is involved (eg, leading experimentation, audit or review of data)? 
p.000062:  •    Is the research in the best interests of the individual consumer? 
p.000062:  •    What orders has the consumer given in a power of attorney or otherwise? 
p.000062:  •    How long is the consumer expected to be unconscious? 
p.000062:  •    What do the consumer’s relatives think? 
p.000062:   
p.000062:  The list is not exhaustive, and depending on the particular circumstances other considerations may be relevant. 
p.000062:   
p.000062:  Researchers should demonstrate that they have adequate procedures in place for determining in each specific case 
p.000062:  whether or not the unconscious person may legally be included as a participant of the proposed research. 
p.000062:   
p.000062:   
p.000062:  Research involving consumers with a terminal illness 
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
...
Searching for indicator parents:
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p.000062:  for the understanding or amelioration of the child’s disorder or condition, may be undertaken if: 
p.000062:  •    any risk represents a minor increase over minimal risk 
p.000062:  •    the interventions or procedures present experiences to the child participants which are reasonably commensurate 
p.000062:  with those inherent in their actual or expected medical, psychological, social or educational situations. 
p.000062:   
p.000062:  Research procedures which are not intended to be of direct benefit to the child participants, and do not come within 
p.000062:  the scope of research set out in the paragraphs above, may be undertaken only if the risk presented by the 
p.000062:  interventions to the child participant is: 
p.000062:  •    minimal; and 
p.000062:  •    commensurate with the importance of the knowledge to be gained. 
p.000062:   
p.000062:   
p.000062:  Informed consent 
p.000062:  Information 
p.000062:  When inviting children to participate in any research, the investigator must ensure that the children and, where 
p.000062:  appropriate, the children’s parents, guardians or caregivers have been fully informed about the research in a manner 
p.000062:  best suited to their needs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     47 
p.000062:   
p.000062:  •    Each child must be given full information about the research in a form that he or she can readily understand. 
p.000062:  •    Children must be advised of their right to decline participation and their right to withdraw from the research at 
p.000062:  any time without giving a reason. 
p.000062:  •    Investigators must give the children an opportunity to ask questions and to have those questions answered to the 
p.000062:  children’s satisfaction. 
p.000062:  •    If proxy consent is required, the proxy must also be given full information about the research and be advised of 
p.000062:  the child’s right to decline participation or withdraw from the research at any time. 
p.000062:  •    The proxy must be given an opportunity to ask questions and have them answered to the proxy’s satisfaction. 
p.000062:   
p.000062:  Consent 
p.000062:  Before undertaking research with children, the investigator must ensure that appropriate consent is sought on the basis 
p.000062:  of the information provided. 
...
Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  34   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  7.6         Note that ‘privacy’ is the status of information about aspects of a person’s life over which she or he 
p.000062:  claims control and may wish to exclude others from knowing. Privacy is a relative status, and claims to it must be 
p.000062:  negotiated against countering claims, such as the rights of others or collective societal goods. ‘Confidentiality’ is 
p.000062:  the respectful handling of information disclosed within relationships of trust, especially as regards further 
p.000062:  disclosure (Lowrance 2002). 
p.000062:   
p.000062:  7.7         If study data are to be used for any purpose, or by any people, other than as specified in the approved 
p.000062:  protocol, investigators should ascertain whether they need to submit a proposed revision of the study protocol or a new 
p.000062:  protocol to an ethics committee (see Ethical Guidelines for Observational Studies and the SOPs for HDECs). 
p.000062:   
p.000062:  7.8         See also the Health Information Privacy Code 1994, Rules 5 and 11 and the Privacy Act 1993, Principles 5 
p.000062:  and 11. 
p.000062:   
p.000062:   
p.000062:  Disclosure of information obtained by intervention studies 
p.000062:   
p.000062:  7.9         Where findings obtained by an intervention study suggest serious disease, study participants who have not 
p.000062:  already given permission for the transfer of the information to their medical advisor should be urged to seek further 
p.000062:  advice and advised of any potential consequences of not seeking such advice. 
p.000062:   
p.000062:  7.10       Care should be taken not to interfere with health professional–patient relationships, and investigators 
p.000062:  should usually refrain from giving an opinion about how a particular finding should be dealt with by a participant’s 
p.000062:  doctor. 
p.000062:   
p.000062:  7.11       Individuals’ privacy and confidentiality of information need to be protected unless there is an overriding 
p.000062:  concern (eg, health or safety) justifying the release of such information. If privacy or confidentiality must be 
p.000062:  breached, the investigator should first make a reasonable attempt to inform participant(s) of the event and the reasons 
p.000062:  for it. 
p.000062:   
p.000062:  7.12       Investigators have an obligation to advocate for the release of information that is in the public interest, 
p.000062:  even when data are retained by governmental, commercial or other sponsors. 
p.000062:   
p.000062:  7.13       Investigators should strive to ensure that, at a minimum, study results are interpreted and reported on 
p.000062:  accurately. Where possible, they should also anticipate and avoid any misinterpretation of study results that might 
p.000062:  cause harm. 
p.000062:   
p.000062:  7.14       Investigators have an obligation to disclose to participants and their legal proxies, where applicable, any 
p.000062:  unforeseen risks discovered during the course of a study, and any other new information that might reasonably affect 
p.000062:  their consent to participate or their future health and safety. Participant rights in this regard should be indicated 
p.000062:  in the informed consent process and in the study’s monitoring plan. 
p.000062:   
p.000062:  7.15       Investigators should not normally enter into contracts with clauses that restrict or prohibit disclosure of 
...
           
p.000062:  •    The feasibility of the research: This includes whether the overall strategy, methodology and analyses are well 
p.000062:  reasoned and appropriate to achieve the specific aims of the project. It should determine whether the research has the 
p.000062:  likelihood, on balance, of improving scientific knowledge, concepts, technical capacity or methods in the research 
p.000062:  field, or of contributing to better treatments, services, health outcomes or preventive interventions. The research 
p.000062:  will be achievable within the specified timeframe and the research team has the appropriate experience and expertise to 
p.000062:  undertake the research. 
p.000062:   
p.000062:   
p.000062:  Core features of the peer review process 
p.000062:  A peer review process should be commensurate with the type of proposal, the potential risk to participants and where 
p.000062:  the research will be undertaken. The type of peer review process that is used must be fit-for-purpose and justifiable. 
p.000062:  For example, the mechanism for delivering peer review of a graduate student project carried out largely within a 
p.000062:  tertiary institution will differ from that of a multi-centre clinical trial. Opinions from one or more peers may be 
p.000062:  sought; again, the extent of peer review should be fit-for-purpose. Despite potential differences, an appropriate 
p.000062:  process for ensuring scientific validity will have the following features: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  44   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    Peer review delivers an informed opinion: An effective peer review process provides perspectives from subject 
p.000062:  matter experts. It may be suitable for informed perspectives to be sought from individuals in the same organisation as 
p.000062:  the researcher, as long as the requirements of freedom from bias, equity and fairness can be met. An appropriate peer 
p.000062:  is one who can deliver an informed opinion on some or all of a proposal. Reviewers will be knowledgeable about the 
p.000062:  topic and/or context for the research, have the appropriate expertise relative to the breadth and scope of research 
p.000062:  under review and, as a result, will be well placed to make a statement as to whether the research in question has 
p.000062:  verifiable scientific merit. Peer review of scientific validity may include consideration of cultural relevance and 
p.000062:  appropriateness. 
p.000062:  •    Peer review delivers an objective opinion: Those acting in the capacity of reviewers are charged with delivering a 
p.000062:  balanced and considered analysis of the research. Generally, the success of the peer review process is determined by 
p.000062:  the extent to which these evaluations can be considered free of bias, equitable and fair. Objectivity can be 
p.000062:  compromised if peer reviewers have conflicts of interest, and so appropriate peer reviewers typically will not be 
p.000062:  materially connected to the researcher(s) in a way that might undermine objectivity, and be free from either positive 
p.000062:  or negative inducements. 
p.000062:  •    A consensus opinion on scientific validity is formed: An HDEC will need to receive assurance that the peer review 
p.000062:  process has delivered support for the scientific validity of the proposed research. When a peer review process has 
p.000062:  engaged a range of experts, there needs to be a process that leads to a consensus opinion about the quality of the 
p.000062:  research. 
p.000062:  •    Intellectual capital in the research proposal is respected: A peer reviewer is in a privileged position through 
p.000062:  having access to the unexploited ideas and intellectual capital of the researcher. A peer review process should require 
p.000062:  that reviewers do not disclose the substance of any research proposal, unless there is explicit permission to do so. 
p.000062:   
p.000062:   
p.000062:  Limitations of peer review 
p.000062:  Peer reviewers typically are not privy to the operational details of a proposed research study. Research proposals 
p.000062:  usually will outline a methodology, but not explain its implementation in detail. For example, a proposal might state 
p.000062:  how many patients will be recruited, but will not necessarily explain how patients will be approached, how they might 
p.000062:  be compensated for participation, nor what information any participant information sheet might contain. Similarly, the 
p.000062:  detailed clinical trial protocols are not typically included in a peer review. (Detailed examination of a trial 
p.000062:  protocol is often undertaken by the independent data and safety monitoring committee associated with the trial.) Ethics 
p.000062:  committees should be aware that studies can be of satisfactory scientific quality as judged by peer review, but still 
p.000062:  pose ethical concerns because of how the research is to be operationalised. Necessarily, consideration of the safety of 
p.000062:  participants and researchers, and the balance of risk and benefit, by ethics committees is likely to involve scrutiny 
...
           
p.000062:   
p.000062:  This section addresses issues arising where individuals are unconscious at the time their participation in research is 
p.000062:  being considered. When it is foreseeable that treatment will be needed and participants can be identified in advance 
p.000062:  (for example, a study to be performed after elective major surgery), informed consent may be obtained well before the 
p.000062:  surgery. 
p.000062:   
p.000062:   
p.000062:  Ethical issues 
p.000062:  There is a general expectation that research involving participants will not be conducted without first obtaining 
p.000062:  informed consent from each participant. Research involving unconscious participants differs from standard research 
p.000062:  because the participants are unable to provide informed consent. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  52   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  In a situation where a therapeutic intervention is needed and there is no alternative method of approved or generally 
p.000062:  recognised therapy that provides an equal or greater likelihood of benefiting the consumer, either by saving the 
p.000062:  person’s life or improving or preventing deterioration in their physical and mental health, an innovative practice 
p.000062:  might be used to treat a consumer who cannot give informed consent if, in the opinion of the health professional, it is 
p.000062:  the most promising treatment available and it is, in their opinion, in the best interest of the consumer. 
p.000062:   
p.000062:  Consumers, their families and/or legal representatives should be provided with pertinent information when, and if, it 
p.000062:  becomes possible and appropriate to do so. 
p.000062:   
p.000062:  Wherever possible, families and/or legal representatives should be informed and given the opportunity to express their 
p.000062:  views prior to undertaking any research. The health professional should take into account the views of those suitable 
p.000062:  persons who are interested in the welfare of the consumer and are available to advise the provider. In emergency 
p.000062:  situations, decisions about a consumer’s treatment (and hence, in some cases, their participation in research) may have 
p.000062:  to be made too quickly to consult with families and/or legal representatives. Whatever the case, the health 
p.000062:  practitioner must always act in the best interests of the consumer. 
p.000062:   
p.000062:  When a consumer recovers consciousness and is able to give informed consent, researchers should seek their consent to 
p.000062:  continue with the research. 
p.000062:   
p.000062:  If the proposed treatment is contrary to the known wishes of the consumer, the consumer should be excluded from the 
p.000062:  study and provided with standard care. 
p.000062:   
p.000062:   
p.000062:  Research involving the provision of health care 
p.000062:  Research involving unconscious participants may involve the provision of health care. Health practitioners are required 
p.000062:  to observe a standard of care and skill to be reasonably expected in the circumstances in which treatment is provided. 
p.000062:   
...
General/Other / Dependent
Searching for indicator dependent:
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
p.000062:  4.4         Respect for people, and for their rights, incorporates at least two fundamental principles. 
p.000062:  (a)     Respect for autonomy requires that those who are capable of deliberation about their personal goals should be 
p.000062:  treated with respect for their capacity for self – determination. This may apply on an individual or collective basis. 
p.000062:  (b)     Protection of people, particularly those with impaired or diminished autonomy, requires that those who are 
p.000062:  dependent or vulnerable be afforded security against harm. (See also the Code of Rights, Right 7(2) and (3); and 
p.000062:  ‘Vulnerable people’, paragraphs 5.28–5.35.) 
p.000062:   
p.000062:   
p.000062:  Justice 
p.000062:   
p.000062:  4.5         Justice requires that, within a population, there is a fair distribution of the benefits and burdens of 
p.000062:  participation in a study and, for any participant, a balance of burdens and benefits. Accordingly, investigators must: 
p.000062:  (a)     avoid imposing on particular groups an unfair burden of participation in intervention studies (eg, vulnerable 
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
p.000062:  participation and protection implicit in the Treaty should be respected by all researchers, and, where applicable, 
...
General/Other / Diminished Autonomy
Searching for indicator diminished:
(return to top)
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
p.000062:  4.4         Respect for people, and for their rights, incorporates at least two fundamental principles. 
p.000062:  (a)     Respect for autonomy requires that those who are capable of deliberation about their personal goals should be 
p.000062:  treated with respect for their capacity for self – determination. This may apply on an individual or collective basis. 
p.000062:  (b)     Protection of people, particularly those with impaired or diminished autonomy, requires that those who are 
p.000062:  dependent or vulnerable be afforded security against harm. (See also the Code of Rights, Right 7(2) and (3); and 
p.000062:  ‘Vulnerable people’, paragraphs 5.28–5.35.) 
p.000062:   
p.000062:   
p.000062:  Justice 
p.000062:   
p.000062:  4.5         Justice requires that, within a population, there is a fair distribution of the benefits and burdens of 
p.000062:  participation in a study and, for any participant, a balance of burdens and benefits. Accordingly, investigators must: 
p.000062:  (a)     avoid imposing on particular groups an unfair burden of participation in intervention studies (eg, vulnerable 
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
...
           
p.000062:  •    describe what will happen after the study, covering: 
p.000062:  –    whether any study intervention will be available to participants after the study and, if so, under what conditions 
p.000062:  (including any cost to them) 
p.000062:  –    how study data will be stored and for how long, whether the data will be retained for possible future use, who 
p.000062:  will be responsible for their secure storage and how they will be destroyed 
p.000062:  –    whether any biological specimens collected during the research will be destroyed at its conclusion and, if not, 
p.000062:  details of their storage and possible future use 
p.000062:  –    how the study findings will be communicated on completion of the study, including to participants, and in what 
p.000062:  expected timeframe. 
p.000062:   
p.000062:  6.23       Paragraph 6.22 is subject to the principles stated in ‘Free and informed consent – General principles’, 
p.000062:  paragraphs 6.6–6.21, and ‘Vulnerable people’, paragraphs 5.28– 
p.000062:  5.35. For a pro forma consent form, see the Application Form for Health and Disability Ethics Committees. For an 
p.000062:  example of an information sheet, see the WHO consent form templates 
p.000062:  (www.who.int/rpc/research_ethics/informed_consent/en). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     23 
p.000062:   
p.000062:  Non-consensual studies 
p.000062:  6.24       Some people who have diminished competence or no competence at the time a study is conducted (eg, potential 
p.000062:  participants in a study of the care provided in an intensive care unit after major elective procedures) may be 
p.000062:  competent to make decisions about study participation at an earlier time. In such cases investigators should make all 
p.000062:  reasonable efforts to obtain prior consent to participate by the person, and to identify any prior consent or refusal 
p.000062:  to participate by the person, and should give effect to any such prior decision. (See also the Code of Rights, Right 
p.000062:  7(5) and clause 4 and the Health and Disability Commissioner Act 1994, section 2, definition of ‘health care 
p.000062:  procedure’.) 
p.000062:   
p.000062:  6.25       People who have diminished competence to make decisions about their participation in a study are entitled to 
p.000062:  make informed decisions to the extent appropriate to their level of competence. (See also the Code of Rights, Right 
p.000062:  7(3).) 
p.000062:   
p.000062:  6.26       In non-consensual studies it is the investigator’s responsibility to ensure that all applicable legal 
p.000062:  standards are met. New Zealand law substantially limits the powers of health practitioners to offer treatment without 
p.000062:  consent in the context of research. It also substantially limits the powers of others to consent to such treatment on 
p.000062:  behalf of any person who is not competent. (See, in particular, the New Zealand Bill of Rights Act 1990, the Protection 
p.000062:  of Personal and Property Rights Act 1988 and the Code of Rights, particularly Right 7(4).) 
p.000062:   
p.000062:  6.27       The ethical standards for non-consensual studies that are stated in these Guidelines are intended for 
p.000062:  application only to studies that are lawful. 
p.000062:   
p.000062:  6.28       Intervention studies with no therapeutic intent should be undertaken only with the prior informed consent of 
p.000062:  the competent individual, unless a legal proxy can consent for an incompetent individual. (See also ‘Studies with 
p.000062:  distinctive features – Non-therapeutic studies’, paragraphs 5.48–5.49.) 
p.000062:   
p.000062:  6.29       If a person is not competent to make an informed decision about participating in a therapeutic study, then 
...
General/Other / Impaired Autonomy
Searching for indicator autonomy:
(return to top)
           
p.000062:  Sometimes the benefits and harms may accrue to different individuals in an intervention study (eg, in randomised 
p.000062:  controlled trials of screening). 
p.000062:   
p.000062:  3.11       The potential risks of an intervention study must be proportional to the potential benefits. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
p.000062:  4.4         Respect for people, and for their rights, incorporates at least two fundamental principles. 
p.000062:  (a)     Respect for autonomy requires that those who are capable of deliberation about their personal goals should be 
p.000062:  treated with respect for their capacity for self – determination. This may apply on an individual or collective basis. 
p.000062:  (b)     Protection of people, particularly those with impaired or diminished autonomy, requires that those who are 
p.000062:  dependent or vulnerable be afforded security against harm. (See also the Code of Rights, Right 7(2) and (3); and 
p.000062:  ‘Vulnerable people’, paragraphs 5.28–5.35.) 
p.000062:   
p.000062:   
p.000062:  Justice 
p.000062:   
p.000062:  4.5         Justice requires that, within a population, there is a fair distribution of the benefits and burdens of 
p.000062:  participation in a study and, for any participant, a balance of burdens and benefits. Accordingly, investigators must: 
p.000062:  (a)     avoid imposing on particular groups an unfair burden of participation in intervention studies (eg, vulnerable 
p.000062:  members of a community should not bear disproportionate burdens of studies from which other members of the community 
p.000062:  are intended to benefit) 
p.000062:  (b)     design studies so that the inclusion and exclusion conditions for participants are fair. (See also the criteria 
p.000062:  in ‘Inclusion and exclusion of participants’, paragraphs 5.26–5.27.) 
p.000062:   
p.000062:  4.6         Justice involves reducing inequalities. Decision-making about study questions and processes should include 
p.000062:  consideration of the potential to reduce health inequalities. 
p.000062:   
p.000062:  4.7         The Treaty of Waitangi is the founding document of New Zealand. The principles of partnership, 
...
           
p.000062:   
p.000062:  A particularly difficult issue relating to research involving consumers with a terminal illness arises in connection 
p.000062:  with the conduct of Phase I drug trials in which the drugs involved are known to be particularly toxic (for example, a 
p.000062:  new form of cancer chemotherapy). In some of these studies, any benefit to the participant is, at best, highly 
p.000062:  unlikely. Despite the therapeutic intent of the investigators to benefit the participant, participants may in fact 
p.000062:  experience a decline in health status, no improvements in terms of quality of life or only a short extension to their 
p.000062:  lives. It is extremely important that prospective participants be clearly informed of the nature and likelihood of the 
p.000062:  risks and benefits associated with this kind of research. The challenge to the investigator and the ethics committees 
p.000062:  is to provide consumers with an accurate description of the potential benefits without engendering false hope. 
p.000062:   
p.000062:  The HIV epidemic has heightened awareness of mechanisms for including in research persons who have serious and 
p.000062:  life-threatening illness. Increasingly, individuals and advocacy groups have emphasised the need for opportunities for 
p.000062:  consumers with a terminal illness to exercise their right of autonomy: to weigh for themselves the risks and benefits 
p.000062:  of participating in research on drugs, even where relatively little is known about the safety or effectiveness of the 
p.000062:  drugs. Because they may be in the very early stages of the development of their illnesses, many desperately ill 
p.000062:  individuals would like to take investigational drugs that may not be available except through limited, well-controlled 
p.000062:  clinical trials. 
p.000062:   
p.000062:   
p.000062:  General considerations 
p.000062:  Research involving consumers with a terminal illness should consider having special procedures for protecting the 
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
...
           
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
p.000062:  duress, over-reaching or other ulterior form of constraint or coercion. 
p.000062:   
p.000062:  The primary issue surrounding the participation of inmates in research has always been whether inmates have a real 
p.000062:  choice whether to participate in research, or whether their situation prohibits the exercise of free choice. A 
p.000062:  secondary issue is whether confidentiality of participation and of data can be adequately maintained in the prison. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  60   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  The circumstances common in prisons create environments in which the offer to participate in research is necessarily 
p.000062:  coercive or creates an undue influence in favour of participation. The desire to obtain the advantages offered to those 
p.000062:  who agree to participate may preclude their ability to weigh fairly the risks and benefits involved in participation. 
p.000062:  For example, the investigator may propose to move the research participants to special units where they are given 
p.000062:  medical care and where the living conditions are better than those provided to the general prison population. Even the 
p.000062:  opportunity to leave the prison cell and interact with people from outside the prison may act as an undue inducement to 
p.000062:  participate in research. 
p.000062:   
p.000062:  In addition to problems of coercion and undue inducement, the involvement of inmates in research raises questions of 
p.000062:  burden and benefit. Inmates should neither bear an unfair share of the burden of participating in research, nor be 
p.000062:  excluded from its benefits, to the extent that voluntary participation is possible. 
p.000062:   
p.000062:  Inmates’ rights to self-determination (autonomy) should not be circumscribed more than required by applicable 
p.000062:  regulations. One should refrain from assuming, without cause, that prospective inmate-participants will lack the 
p.000062:  ability to make autonomous decisions whether to participate in research. To the extent that inmate-participants can 
p.000062:  voluntarily consent to participation, and to the extent allowable under applicable regulations, inmates should be 
p.000062:  allowed the opportunity to participate in potentially beneficial research. 
p.000062:   
p.000062:  Finally, confidentiality is extremely difficult to maintain in an environment such as prisons, in which there is no 
p.000062:  privacy. In prisons, people do not move about freely; the movements of inmates are carefully tracked. When inmates are 
p.000062:  moved around (for example, to go to a research appointment), everyone will know about it. Prison records, including 
p.000062:  medical records, are accessible to persons who in other settings would not have access to such personal information. 
p.000062:  Consider the inmate participating in HIV-related research. How will the sensitive nature of the research be kept 
p.000062:  secret? The investigator must be able to ensure that the necessary confidentiality can and will be maintained so that 
p.000062:  the participants are not subjected to any risk from participation. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
...
General/Other / Incapacitated
Searching for indicator incapacity:
(return to top)
           
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  30   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Adverse event monitoring 
p.000062:  6.59       Key terms relating to adverse event monitoring are defined in the box below. 
p.000062:   
p.000062:  Term                                Definition 
p.000062:  Adverse event (AE)          Any untoward medical occurrence in a patient administered a study product and which does 
p.000062:  not necessarily have a causal relationship with this product 
p.000062:  Adverse drug reaction      Any untoward and unintended response in a subject to an intervention that is related to any 
p.000062:  dose administered to that subject 
p.000062:   
p.000062:  Unexpected adverse reaction 
p.000062:   
p.000062:   
p.000062:  Serious adverse event (SAE), serious adverse drug reaction or unexpected serious adverse reaction 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Suspected unexpected serious adverse reaction (SUSAR) 
p.000062:  Source: MHRA 2009 
p.000062:  An adverse reaction, the nature and severity of which are not consistent with information about the intervention in the 
p.000062:  investigator’s brochure (or, for a product with marketing authorisation, in the summary of product characteristics for 
p.000062:  that product) 
p.000062:  An adverse event, adverse drug reaction, or unexpected adverse reaction, that: 
p.000062:  •     results in death, or 
p.000062:  •     is life-threatening, or 
p.000062:  •     requires inpatient hospitalisation or results in prolongation of existing hospitalisation, or 
p.000062:  •     results in persistent or significant disability or incapacity, or 
p.000062:  •     consists of a congenital anomaly or birth defect, or 
p.000062:  •     is a medically important event or reaction 
p.000062:  Any unexpected serious adverse reaction that is suspected to be related to the intervention under study 
p.000062:   
p.000062:   
p.000062:  Responsibilities for monitoring adverse events 
p.000062:   
p.000062:  6.60       The protocol and/or monitoring plan of any intervention study should state the processes and 
p.000062:  responsibilities for identifying, coding, analysing and reporting adverse events. Reliable interpretation of AEs 
p.000062:  requires coding according to body system and severity (eg, using the Medical Dictionary for Regulatory Activities 
p.000062:  (MedDRA 2009) or Common Terminology Criteria for Adverse Events (CTEP 2009)) and comparison of grouped data across 
p.000062:  intervention arms (with consideration of the benefit and risk profile). An independent DMC is best placed to reliably 
p.000062:  interpret such safety data. 
p.000062:   
p.000062:  6.61       Prompt reporting of serious adverse events is especially important for SUSARs (see paragraph 6.59). 
p.000062:   
p.000062:  6.62       A mechanism should be in place for responding to any potential safety concerns. In general, reliable 
p.000062:  interpretation of the safety signals would require an interim report on safety and efficacy, in a form unblinded by 
p.000062:  intervention arm. Any interventional study with potential for serious treatment-related adverse events should have a 
p.000062:  mechanism in place for prompt reporting, recognition, and response to SAEs and SUSARS. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     31 
p.000062:   
p.000062:  Terminating a study 
p.000062:  6.63       There are some circumstances (eg, a major deviation from study protocol) that may make it appropriate to 
...
           
p.000062:  investigators) are unaware to which group each participant has been allocated. 
p.000062:  Principal investigator: the qualified health professional or qualified researcher with primary responsibility for the 
p.000062:  design and conduct of a particular investigation (referred to as a ‘co-ordinating investigator’ in the SOPs for HDECs). 
p.000062:  PPPR Act 1988: the Protection of Personal and Property Rights Act 1988. 
p.000062:  Protocol: a protocol document describes the objective(s), design, methodology, statistical considerations and 
p.000062:  organisation of a trial. The protocol often gives the background and rationale for the trial, but these could be 
p.000062:  provided in other documents referenced by the protocol (ICH 1996: 6). 
p.000062:  Randomised controlled trial: the general term for a study in which participants are randomly assigned to intervention 
p.000062:  and control groups to receive or not receive a diagnostic, preventive or therapeutic  intervention. Findings in such a 
p.000062:  study are assessed by comparing rates of disease, death, recovery or other appropriate end-points in the intervention 
p.000062:  and control groups. 
p.000062:  Serious adverse drug reaction: an adverse drug reaction that results in death, or is life-threatening, or requires 
p.000062:  inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  Serious adverse event: an adverse event that results in death, or is life-threatening, or requires inpatient 
p.000062:  hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or significant 
p.000062:  disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important event or 
p.000062:  reaction (MHRA 2009). 
p.000062:  SOPs: standard operating procedures for HDECs. 
p.000062:  Sponsor: any individual, company, institution or organisation that has responsibility for the initiation, management 
p.000062:  and/or financing of a clinical trial (ICH 1996: 7). 
p.000062:  Standing Committee on Therapeutic Trials (SCOTT): a committee of the Health Research Council, responsible under the 
p.000062:  Medicines Act 1981, section 30 (HRC 2005b) for assessing the scientific validity and safety of clinical trials. 
p.000062:  Study: in this context, an intervention study, unless otherwise specified. 
p.000062:  Suspected unexpected serious adverse reaction (SUSAR): any unexpected serious adverse reaction that is suspected to be 
p.000062:  related to an intervention under study (MHRA 2009). 
p.000062:  Therapeutic study: a study that examines interventions that hold the prospect of direct diagnostic, therapeutic or 
p.000062:  preventive benefit for the individual participant. This includes studies undertaken in the context of clinical care. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     41 
p.000062:   
p.000062:  Treatment: any type of intervention that may be studied, including medicines, tests, methods of health care delivery 
p.000062:  and other health or disability support interventions. 
p.000062:  Trial management committee (or trial steering group): a group formed to provide overall supervision of a trial. 
p.000062:  Membership should include one or more investigators, the trial biostatistician and, in some cases, one or more 
p.000062:  independent people. 
p.000062:  Unexpected adverse reaction: an adverse reaction, the nature and severity of which are not consistent with information 
p.000062:  about the intervention in the investigator’s brochure (or, for a product with marketing authorisation, in the summary 
p.000062:  of product characteristics for that product) (MHRA 2009). 
p.000062:  Unexpected serious adverse reaction: an unexpected adverse reaction that results in death, or is life- threatening, or 
p.000062:  requires inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
p.000062:  event or reaction (MHRA 2009). 
p.000062:  WHO Operational Guidelines: the World Health Organization Operational Guidelines for the Establishment and Functioning 
p.000062:  of Data and Safety Monitoring Boards (TDR 2005). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  42   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Appendix 1: Joint Health Research Council and NEAC guidance on features of robust peer review for assessing the 
p.000062:  scientific validity of research 
p.000062:  Background 
p.000062:  This document seeks to outline the principles of peer review that might be undertaken to assure New Zealand’s Health 
p.000062:  and Disability Ethics Committees (HDECs) of the scientific validity of a research proposal. Scientific validity of a 
p.000062:  research project is one component of the research being ethically sound. Research with insufficient scientific validity 
p.000062:  will waste scarce resources, will misuse the trust and commitment of participants, and may needlessly expose them to 
p.000062:  risk for no appropriate return. 
p.000062:   
...
           
p.000062:  to observe a standard of care and skill to be reasonably expected in the circumstances in which treatment is provided. 
p.000062:   
p.000062:  Except in specific circumstances, health practitioners are also required to obtain informed consent from the consumer 
p.000062:  or a person entitled to give consent on behalf of that consumer before providing treatment. 
p.000062:   
p.000062:  One of the exceptions is in an emergency situation, where a health practitioner may, out of necessity, treat a consumer 
p.000062:  where the consumer cannot give consent and it is not possible to obtain consent from a person entitled to give consent 
p.000062:  on behalf of that consumer. The action or treatment must be appropriate and reasonable in the circumstances and not 
p.000062:  more extensive than required. Any action or treatment must be in the best interest of the consumer’s life or physical 
p.000062:  or mental health and must not be contrary to the known wishes of the consumer. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     53 
p.000062:   
p.000062:  Risks and benefits 
p.000062:  The risks and benefits of studies involving unconscious consumers may vary from extremely high to negligible. At one 
p.000062:  extreme, where significant incapacity or death is almost certain, a new therapeutic measure may offer a reasonable 
p.000062:  chance for recovery, sustaining life or preventing serious and permanent deficits. In other situations, the potential 
p.000062:  benefits and risks may be equally great – one may not outweigh the other. Drugs given in an effort to save the lives of 
p.000062:  trauma victims might do so at the risk of preserving those lives in a persistent vegetative state. Many studies 
p.000062:  involving unconscious consumers may be almost without risk yet yield information useful in the treatment of the 
p.000062:  consumer (for example, monitoring certain physiological events by non- invasive means). 
p.000062:   
p.000062:  Researchers should design their studies in such a way as to minimise risks, be able to justify anticipated benefits and 
p.000062:  ensure that the risks are reasonable in relation to the anticipated benefits. 
p.000062:   
p.000062:   
p.000062:  The legality of research involving unconscious consumers 
p.000062:  The legality of undertaking research on unconscious people is not completely clear, and until this particular situation 
p.000062:  is raised before the courts it will continue to remain so. The area of law is governed by a number of different pieces 
p.000062:  of legislation, together with the common law. Relevant references include: 
p.000062:  •    the Code of Health and Disability Services Consumers’ Rights 4(4), 6(1)(d), 7(1), 7(2), 7(4), 7(5), and 7(6) 
p.000062:  •    the Accident Compensation Act 2001, section 33 
...
General/Other / Public Emergency
Searching for indicator emergency:
(return to top)
           
p.000062:  paragraphs 6.24–6.29.) 
p.000062:   
p.000062:  5.35       Further specific guidance for research involving particular vulnerable groups (eg, children, people with 
p.000062:  intellectual disabilities, unconscious people, people with a terminal illness and older persons) is provided in the 
p.000062:  appendices to this document. 
p.000062:   
p.000062:   
p.000062:  Skills and resources 
p.000062:   
p.000062:  5.36       Studies should be undertaken only by investigators and research teams with the necessary skills and 
p.000062:  resources to do so. These skills and resources include those needed to deal with any contingencies that may affect 
p.000062:  participants. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     15 
p.000062:   
p.000062:  5.37       Necessary skills include competence in: 
p.000062:  •    the field of study, demonstrated by knowledge and experience 
p.000062:  •    administering study interventions 
p.000062:  •    monitoring the health of participants throughout and after the study 
p.000062:  •    identifying and applying relevant study methods, with the ability to take full responsibility for proper study 
p.000062:  design, conduct and analysis 
p.000062:  •    ethical conduct of research, with the ability to take full responsibility for ethical considerations. 
p.000062:   
p.000062:  5.38       An investigator should proceed with a study only when the locality (eg, staff, facilities and equipment) is 
p.000062:  known to be adequate. This includes the capability to provide emergency medical care of an acceptable standard, if 
p.000062:  required. An acceptable standard is to be determined having regard to the anticipated risk of the study to 
p.000062:  participants, and is the standard reasonably to be expected of the facility in which the study is undertaken, or at 
p.000062:  least the standard expected of a competent general practitioner working in her or his surgery. (See also ‘Study 
p.000062:  locality’, paragraphs 5.45–5.47.) 
p.000062:   
p.000062:  5.39       All those responsible for study conduct must be provided with enough information to ensure the safety of 
p.000062:  participants. 
p.000062:   
p.000062:  5.40       Investigators must operate under professional standards or employment requirements that oblige them to 
p.000062:  maintain the confidentiality of patient data. 
p.000062:   
p.000062:   
p.000062:  Study protocol 
p.000062:   
p.000062:  5.41       All intervention studies should be conducted according to written protocols. The amount of detail in the 
p.000062:  written protocol and the extent of protocol review processes should be sufficient to ensure appropriate conduct of the 
p.000062:  study and to cover the level of risk the study presents to participants. 
p.000062:   
p.000062:   
p.000062:  Registering studies 
p.000062:   
p.000062:  5.42       The purposes of study registration are to avoid duplication of studies and to foster the publication of key 
p.000062:  study outcomes. All clinical trials (this includes Phase I to Phase IV trials) should be registered with a World Health 
p.000062:  Organization (WHO)-approved register. Such registers include, but are not limited to, the Australian and New Zealand 
p.000062:  Clinical Trials Registry (ANZCTR),the International Standard Randomised Controlled Trial Number (ISRCTN) Register and 
...
           
p.000062:  specific groups is located in the appendices to this document. 
p.000062:   
p.000062:  6.15       It is preferable that participants provide in writing their consent to participate in an intervention study. 
p.000062:  There may be some situations where this is not possible; for example, due to a participant’s illiteracy or physical 
p.000062:  inability. The principles of justice and non- exclusion imply that prospective participants should not be excluded from 
p.000062:  research purely on the basis of illiteracy or physical inability. However, any exceptions to obtaining written informed 
p.000062:  consent should be justified to an ethics committee. In all cases where consent is not provided in writing, the 
p.000062:  procedures used to seek free and informed verbal consent and the fact that consent was given, should be documented. 
p.000062:  (See also the Code of Rights, Right 7(6).) 
p.000062:   
p.000062:  6.16       The purposes of consent are normally best served by decision-making that occurs prior to a participant’s 
p.000062:  inclusion in a study. Any exception requires justification to an ethics committee on grounds that prior consent is one 
p.000062:  or both of the following: 
p.000062:  •    impracticable (eg, for studies in emergency care or community intervention studies) 
p.000062:  •    undesirable (eg, when any delay of the intervention(s) to be studied would harm the person). (See also 
p.000062:  ‘Non-consensual studies’, paragraphs 6.24–6.29.) 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     21 
p.000062:   
p.000062:  6.17       People are ethically entitled to be informed about their participation in a study, whether their 
p.000062:  participation occurs with their consent or without it. (For example, participants should be informed once they have 
p.000062:  sufficient competence to understand what the study involves.) Any exception requires justification to an ethics 
p.000062:  committee on grounds that informing participants is impracticable and/or undesirable. (See also paragraph 6.16.) 
p.000062:   
p.000062:  6.18       During the initial consent discussion about the study, due regard should be paid to the circumstances of the 
p.000062:  potential participant. If a potential participant is in pain or under stress, a short discussion may suffice. This 
p.000062:  brief dialogue should be followed up with more detailed information about the study once the participant is more 
p.000062:  comfortable. 
p.000062:   
p.000062:  6.19       People are entitled to refuse to participate in intervention studies and to withdraw their consent to 
p.000062:  participate. They may make either of these decisions whenever practicable and without experiencing any disadvantage. 
p.000062:  (See also the Code of Rights, Right 7(7).) 
p.000062:   
...
           
p.000062:  centre provides interim results on the relative efficacy and safety of the study interventions. This protects the study 
p.000062:  from inappropriate early termination, which can be caused by premature judgement based on potentially misleading early 
p.000062:  results. 
p.000062:   
p.000062:  6.55       An independent DMC is most needed for an intervention study that aims to provide definitive data on 
p.000062:  treatments intended to save lives or prevent serious disease (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.56       An independent DMC should also be considered in early phase studies, whether or not randomised, of a 
p.000062:  high-risk intervention; for example: 
p.000062:  •    where there is risk of non-preventable, potentially life-threatening complications 
p.000062:  •    where the intervention is novel and there is very limited information on clinical safety, or where prior 
p.000062:  information raises concern regarding potential serious adverse events 
p.000062:  •    where professional or financial goals may be perceived to unduly influence the sponsor and/or investigators 
p.000062:  •    where interim analyses of efficacy (allowing planning for the possibility of early study termination) and safety 
p.000062:  are considered essential to ensure patients’ safety 
p.000062:  •    where vulnerable populations, such as children or people with mental illness, are studied 
p.000062:  •    where there is potential for a large public health impact 
p.000062:  •    where studies are carried out in emergency settings (Ellenberg et al 2003: 153–6). 
p.000062:   
p.000062:  6.57       In settings other than those stated in paragraphs 6.55–6.56, some aspects of the oversight provided by a DMC 
p.000062:  may still be valuable, and could be carried out by a group that is not fully independent of the study, sometimes termed 
p.000062:  an ‘internal’ DMC (Ellenberg et al 2003: 157–8). An internal DMC can significantly improve patient safety and trial 
p.000062:  integrity through regular meetings to review data on study conduct and relative efficacy and safety. Its membership 
p.000062:  should be multidisciplinary, and may include the principal (clinical) investigator for the study and the study 
p.000062:  statistician. 
p.000062:   
p.000062:  6.58       The table below gives an indication of the most appropriate form of DMC monitoring for an intervention study 
p.000062:  (Ellenberg et al 2003: 160). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     29 
p.000062:   
p.000062:  Appropriate form of DMC monitoring 
p.000062:  Type of setting1                                  Imperatives                                  Need for DMC 
p.000062:  Ethical integrity    Credibility     Independent DMC   Internal DMC 
p.000062:  Setting 1 
p.000062:  Randomised trials (phases IIb, III, IV)   Yes                        Yes                 Yes 
p.000062:  – Randomised trials (phases I, IIa)         Yes                        Likely              Maybe 
p.000062:  Likely2 Non-randomised trials                          Yes                        Maybe            Unlikely 
p.000062:  Likely2 Setting 2 
p.000062:  Randomised (any phase trial)              Unlikely                  Likely              Unlikely3 
...
           
p.000062:  that this has occurred, it is necessary to have a permanent record. An audiotape of an oral discussion of the 
p.000062:  researcher and a participant involving information provision and decision-making can provide an even fuller record of 
p.000062:  the validity of the consent obtained than a signature on a consent form. 
p.000062:   
p.000062:   
p.000062:  Applicable laws and regulations 
p.000062:  Applicable legislation includes: 
p.000062:  •    sections 6 and 18 of the Protection of Personal and Property Rights Act 1988 
p.000062:  •    section 17 of the Judicature Act 1908 
p.000062:  •    Rights 7 and 7(3) of the Code of Health and Disability Services Consumers’ Rights 1996. 
p.000062:   
p.000062:  Case law with regard to section 17 of the Judicature Act 1908 has said that the approval of the court is required when 
p.000062:  the: 
p.000062:  •    principal or a major aim of the surgical procedure has a non-therapeutic purpose 
p.000062:  •    medical procedure involves interference with a basic human right. 
p.000062:   
p.000062:   
p.000062:  Research involving unconscious participants 
p.000062:  Research involving unconscious participants may involve the use of an innovative practice or the evaluation of an 
p.000062:  established therapeutic practice or treatment. In some circumstances, research may involve the delivery of therapeutic 
p.000062:  interventions in emergency situations (such as consumers requiring intensive care). Whatever the case, research 
p.000062:  involving unconscious participants raises special problems regarding informed consent. 
p.000062:   
p.000062:  This section addresses issues arising where individuals are unconscious at the time their participation in research is 
p.000062:  being considered. When it is foreseeable that treatment will be needed and participants can be identified in advance 
p.000062:  (for example, a study to be performed after elective major surgery), informed consent may be obtained well before the 
p.000062:  surgery. 
p.000062:   
p.000062:   
p.000062:  Ethical issues 
p.000062:  There is a general expectation that research involving participants will not be conducted without first obtaining 
p.000062:  informed consent from each participant. Research involving unconscious participants differs from standard research 
p.000062:  because the participants are unable to provide informed consent. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  52   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  In a situation where a therapeutic intervention is needed and there is no alternative method of approved or generally 
p.000062:  recognised therapy that provides an equal or greater likelihood of benefiting the consumer, either by saving the 
p.000062:  person’s life or improving or preventing deterioration in their physical and mental health, an innovative practice 
p.000062:  might be used to treat a consumer who cannot give informed consent if, in the opinion of the health professional, it is 
p.000062:  the most promising treatment available and it is, in their opinion, in the best interest of the consumer. 
p.000062:   
p.000062:  Consumers, their families and/or legal representatives should be provided with pertinent information when, and if, it 
p.000062:  becomes possible and appropriate to do so. 
p.000062:   
p.000062:  Wherever possible, families and/or legal representatives should be informed and given the opportunity to express their 
p.000062:  views prior to undertaking any research. The health professional should take into account the views of those suitable 
p.000062:  persons who are interested in the welfare of the consumer and are available to advise the provider. In emergency 
p.000062:  situations, decisions about a consumer’s treatment (and hence, in some cases, their participation in research) may have 
p.000062:  to be made too quickly to consult with families and/or legal representatives. Whatever the case, the health 
p.000062:  practitioner must always act in the best interests of the consumer. 
p.000062:   
p.000062:  When a consumer recovers consciousness and is able to give informed consent, researchers should seek their consent to 
p.000062:  continue with the research. 
p.000062:   
p.000062:  If the proposed treatment is contrary to the known wishes of the consumer, the consumer should be excluded from the 
p.000062:  study and provided with standard care. 
p.000062:   
p.000062:   
p.000062:  Research involving the provision of health care 
p.000062:  Research involving unconscious participants may involve the provision of health care. Health practitioners are required 
p.000062:  to observe a standard of care and skill to be reasonably expected in the circumstances in which treatment is provided. 
p.000062:   
p.000062:  Except in specific circumstances, health practitioners are also required to obtain informed consent from the consumer 
p.000062:  or a person entitled to give consent on behalf of that consumer before providing treatment. 
p.000062:   
p.000062:  One of the exceptions is in an emergency situation, where a health practitioner may, out of necessity, treat a consumer 
...
           
p.000062:  rights and wellbeing of these participants. The nature, magnitude, and probability of the risks and benefits of the 
p.000062:  research should be identified as clearly and as accurately as possible. Special attention should be paid to the consent 
p.000062:  process, both in terms of the accuracy of the information to be provided and the manner in which consent is sought. As 
p.000062:  a general rule, accurate information concerning eligibility for participation (diagnosis and  prognosis), treatment 
p.000062:  options, and risks and benefits should be conveyed clearly and in a manner that will neither engender false hope nor 
p.000062:  eliminate all hope. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  56   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Participants should be told whether or not participation in the study is a condition for receiving treatment, and any 
p.000062:  costs to the consumer of the research should be stated explicitly. Any payment should not constitute an undue 
p.000062:  inducement, particularly if the participant population is economically disadvantaged. Consumers should be provided with 
p.000062:  relevant information well in advance of making a decision about participation, and consultation with others such as 
p.000062:  family members, close friends or medical consultants should be encouraged. 
p.000062:   
p.000062:  Ideally the clinical investigator should be someone other than the consumer’s physician, emergency services should be 
p.000062:  readily available and there be frequent monitoring of the progress of the research. Factors to consider include: 
p.000062:  •    anticipated toxicity of the therapeutic interventions 
p.000062:  •    extent to which participants are likely to be debilitated by either their illness or their therapy 
p.000062:  •    the remaining life expectancy of the participants 
p.000062:  •    whether participation in the research would require a change in residence (for example, from home or hospice to a 
p.000062:  hospital or research institution). 
p.000062:   
p.000062:  The investigator should also be able to answer the following questions. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Must the research involve consumers with a terminal illness to achieve its objectives? 
p.000062:  •    Is a clear explanation of the consumers’ eligibility for the study provided? 
p.000062:  •    Are specific treatment alternatives, including the option of no treatment, described? 
p.000062:  •    Are the potential benefits and risks (and their probability) realistically and simply stated? 
p.000062:  •    Are the ways in which participation may affect the consumer’s lifestyle clearly described? 
p.000062:  •    Is the consumer assured that he or she can withdraw from the study at any time? If withdrawal from the research 
p.000062:  will result in a consumer’s discharge from a research unit or end the consumer’s access to health care that has been 
p.000062:  provided in conjunction with the research, is that fully explained? 
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.000062:  living. 
p.000062:   
p.000062:  Issues of competence to consent are highly significant for people with intellectual disabilities in their daily lives. 
p.000062:  Questions arise in the provision of health and disability services, their rights to undertake legal contracts, criminal 
p.000062:  liability, ability to be a witness in a trial – to mention a few. 
p.000062:   
p.000062:  Factors to consider when researching with people with intellectual disabilities include the following. 
p.000062:  •    People with intellectual disabilities are not usually concerned about the implications of research for public 
p.000062:  policy, but are more likely to be interested in what changes the research can bring about for them personally. 
p.000062:  •    People with intellectual disabilities often have difficulty separating hypothetical situations from personal 
p.000062:  anxieties and concerns. 
p.000062:  •    People with intellectual disabilities often have fewer opportunities to acquire ordinary knowledge (for example, 
p.000062:  due to lack of or inappropriate education, segregation, over- protection or lack of access to information). 
p.000062:  •    The most difficult area for people with intellectual disabilities to understand is the area of legal rights. They 
p.000062:  may have limited experience of their voluntary decisions being respected. 
p.000062:  •    People with intellectual disabilities often have a tendency to comply with the perceived demands of an authority 
p.000062:  figure. 
p.000062:  •    Even persons with severe disabilities may be able to make decisions if given the opportunity, support and training 
p.000062:  to do so. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  50   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  People with intellectual disabilities may have specific difficulties relevant to informed consent, including: 
p.000062:  •    a reduced vocabulary and understanding of abstract words and ideas 
p.000062:  •    shorter attention spans and reduced short-term memory capacity 
p.000062:  •    limited abstraction skills (that is, concrete and literal understanding of questions and situations) 
p.000062:  •    a reluctance to rarely say they do not understand unless directly asked 
p.000062:  •    difficulty following long, run-on sentences 
p.000062:  •    difficulty answering time-related questions. 
p.000062:   
p.000062:  Proposals for research involving people with intellectual disabilities should clearly describe: 
p.000062:  •    the proposed sample of participants and the possible range of intellectual disabilities to be included 
p.000062:  •    how the researcher will determine competence to give informed consent for each individual participant 
p.000062:  •    a rationale for the decisions on judgment of competence in terms of the complexity of the research and/or the 
p.000062:  possible risks to participants. 
p.000062:   
p.000062:   
p.000062:  Providing information to potential participants 
p.000062:  Particular attention should be paid to how to provide information to potential participants with intellectual 
p.000062:  disabilities. 
p.000062:   
...
General/Other / Undue Influence
Searching for indicator undue influence:
(return to top)
           
p.000062:  poorly judged approaches, or the need to maintain continuity of care) rather than transferring this task and the 
p.000062:  patient’s management to a second practitioner. 
p.000062:   
p.000062:  6.4         If a patient (or her or his family or friends) approaches her or his health practitioner or an investigator 
p.000062:  about study participation, this situation needs to be managed using the same principles outlined in paragraph 6.3 
p.000062:  above. 
p.000062:   
p.000062:  6.5         Where intervention studies are designed as non-therapeutic, group-based or community- based studies (with 
p.000062:  the exception of phase I studies), the prospective involvement of the participant’s regular doctor is not mandatory, 
p.000062:  although subsequent communication about participation is desirable, if the participant agrees to this. (See also 
p.000062:  ‘Clinical responsibilities’, paragraph 6.68–6.71). 
p.000062:   
p.000062:   
p.000062:  Free and informed consent 
p.000062:   
p.000062:  General principles 
p.000062:   
p.000062:  6.6         Informed consent is best understood in terms of decision-making that is based on good communication between 
p.000062:  people, rather than simply as a transfer of information from one person to another (Manson and O’Neill 2007). 
p.000062:   
p.000062:  6.7         Informed consent has two basic components. 
p.000062:  (a)         The decision is informed by adequate understanding of any information that is relevant to that decision. 
p.000062:  (b)         The decision is voluntary, and is therefore free from undue influence such as manipulation or coercion. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
...
           
p.000062:  study is completed 
p.000062:  •    participants are not told that some information has been withheld until the study has been completed, because 
p.000062:  their knowledge of this aspect of the study would jeopardise its validity. 
p.000062:   
p.000062:  6.31       When an investigator believes deception or concealment is scientifically justified, the following criteria 
p.000062:  apply. 
p.000062:  •    There are no suitable alternative methods. 
p.000062:  •    Participants are not exposed to increased risk of harm. 
p.000062:  •    The extent of deception or concealment is defined in the study protocol. 
p.000062:  •    Adequate and prompt disclosure is made, and debriefing is provided, as soon as appropriate and practicable. 
p.000062:  •    Participants are entitled to require the withdrawal of study data that were obtained from them without their 
p.000062:  knowledge or consent. 
p.000062:  •    The deception or concealment will not compromise the relationship between the community and the investigators or 
p.000062:  research. 
p.000062:  •    The investigator justifies the deception or concealment to an ethics committee. 
p.000062:   
p.000062:  Payments to participants 
p.000062:  6.32       Payments or inducements for study participants can normally be ethically acceptable only if the study would 
p.000062:  be ethically acceptable in the absence of the inducement. Investigators may seek to create legitimate motivation for 
p.000062:  participation in studies, but may not exert undue influence by offering inappropriate inducements. 
p.000062:   
p.000062:  6.33       Inducement can take many forms. For example, it can occur directly or indirectly through financial or other 
p.000062:  recognition, or offers of treatment that would otherwise not be available. Inducement can be in the form of the 
p.000062:  influence and status of the health professional or investigator. As a result there is potential for inducement to 
p.000062:  exploit the vulnerability of individuals and to be inappropriate. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     25 
p.000062:   
p.000062:  6.34       Appropriate payment may include: 
p.000062:  •    reimbursement of the incurred expenses of participants (eg, travel costs) 
p.000062:  •    payment in recognition of time, inconvenience and/or discomfort for participants, especially in phase I trials 
p.000062:  •    free health services 
p.000062:  •    koha that accords with the cultural norms of the study participants (it is generally not appropriate to discuss 
p.000062:  koha prior to agreement to participate). 
p.000062:  (In Māori tradition, koha is a gift presented by visitors as part of a welcoming ceremony. However, contemporary 
p.000062:  meanings include a gift or donation in response to some good provided, such as participation in research.) 
p.000062:   
p.000062:  6.35       Payments or free health services should not be of such value that they induce prospective participants to 
...
           
p.000062:  This section has been largely based on the section on research involving consumers with a terminal illness presented in 
p.000062:  the Institutional Review Board’s Guidebook, last updated in 1993.2 
p.000062:   
p.000062:  Consumers with a terminal illness are those suffering from a deteriorating life-threatening disease or condition for 
p.000062:  which no effective standard treatment exists. It is generally considered unacceptable to ask such persons to 
p.000062:  participate in research for which alternative, not similarly burdened, populations of participants exist. 
p.000062:   
p.000062:  Nevertheless, it may often be necessary to involve consumers with a terminal illness in research concerning their 
p.000062:  disease and its treatment. Further, consumers with a terminal illness should not be excluded, simply because of their 
p.000062:  status, from research in which they may want to participate. Individuals with a terminal illness are a vulnerable 
p.000062:  population of research participants, and therefore require additional protection against coercion and undue influence. 
p.000062:   
p.000062:   
p.000062:  Overview 
p.000062:  In many contexts, research involving a terminal illness and its treatment requires the involvement of consumers with a 
p.000062:  terminal illness when alternative populations for study do not exist or when involving alternative populations would be 
p.000062:  ethically unjustifiable. Two important reasons for concern regarding research involving consumers with a terminal 
p.000062:  illness are: (1) they tend to be more vulnerable to coercion or undue influence than healthy adult research 
p.000062:  participants; and (2) research involving consumers with a terminal illness is likely to present more than minimal risk. 
p.000062:   
p.000062:   
p.000062:  2    United States Department of Health and Human Services. 1993. Institutional Review Board Guidebook. Washington: 
p.000062:  Office for Human Research Protections, Chapter VI: ‘Special Classes of Subjects’,  Section G: ‘Terminally Ill 
p.000062:  Patients’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     55 
p.000062:   
p.000062:  The risk of coercion and undue influence may be caused by a variety of factors. In addition to the fact that severe 
p.000062:  illness often affects a person’s competence, consumers with a terminal illness may be vulnerable to coercion or undue 
p.000062:  influence because of a real or perceived belief that participation is necessary to receive continuing care from health 
p.000062:  professionals or because the receipt of any treatment is perceived as preferable to receiving no treatment. Although 
p.000062:  consumers with a terminal illness should be protected from an understandable tendency to enrol in research under false 
p.000062:  hopes, one should not take too protective an attitude toward competent consumers simply because they have a terminal 
p.000062:  illness. Some consumers with a terminal illness may find participation in research a satisfying way of imparting some 
p.000062:  good to others out of their own misfortune. 
p.000062:   
p.000062:  It is important to distinguish between risks that may be justified by anticipated benefits for the research 
p.000062:  participants and risks associated with procedures performed purely for research purposes. 
p.000062:   
...
           
p.000062:  Reference from Appendix D: ‘Disease Effects in Old Age’. 
p.000062:   
p.000062:   
p.000062:   
p.000062:  58   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Cognitive impairment in older participants should be treated as it would be in any prospective participant. The 
p.000062:  participant population should comprise cognitively impaired persons only when competent participants are not 
p.000062:  appropriate for the study, if the study is related to a problem unique to persons with that disability and if the study 
p.000062:  involves minimal risk. 
p.000062:   
p.000062:  The use of age as the criterion of ability to consent and therefore participate in research is not valid. While memory 
p.000062:  may be a problem for some older participants (thus putting into question their ability to provide continuing consent), 
p.000062:  the question is whether, despite some impairment to competence, participants can make reasonable choices. 
p.000062:   
p.000062:  In the past, persons in nursing homes or other institutions have been selected as participants because of their easy 
p.000062:  accessibility. It is now recognised, however, that conditions in institutional settings increase the chances for 
p.000062:  coercion and undue influence because of the lack of freedom inherent in such situations. Research in these settings 
p.000062:  should therefore be avoided, unless the involvement of the institutional population is necessary to the conduct of the 
p.000062:  research (for example, the disease or condition is endemic to the institutional setting, persons who suffer from the 
p.000062:  disease or condition reside primarily in institutions, or the study focuses on the institutional setting itself). What 
p.000062:  may seem trivial to the average person in terms of risk, discomfort, disorientation or dehumanising effects may not 
p.000062:  seem so trivial to the potentially vulnerable populations in institutional settings. 
p.000062:   
p.000062:   
p.000062:  Points to consider 
p.000062:  •    Does the proposed consent process provide mechanisms for determining the adequacy of prospective participants’ 
p.000062:  comprehension and recall? 
p.000062:  •    How will participants’ competence to consent be determined? 
p.000062:  •    Will the research take place in an institutional setting? Has the possibility of coercion and undue influence been 
p.000062:  sufficiently minimised? 
p.000062:  •    If older people have been excluded from the research, are the reasons valid? 
p.000062:  •    Does the research methodology make adequate provision for older people (and others) with hearing and/or vision 
p.000062:  problems or with difficulty in communicating (eg, due to stroke, multiple sclerosis or Parkinsonism)? 
p.000062:   
p.000062:   
p.000062:  Research involving specific categories of healthy participants 
p.000062:   
p.000062:  Students 
p.000062:  Universities provide investigators with a ready pool of research participants: students. The problem with student 
p.000062:  participation in research conducted at the university is the possibility that their agreement to participate will not 
p.000062:  be freely given. Students may volunteer to participate out of a belief that doing so will place them in good favour 
p.000062:  with academic staff (for example, that participating will result in receiving better grades, recommendations or 
p.000062:  employment, or the like), or that failure to participate will negatively affect their relationship with the 
p.000062:  investigator or faculty generally. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     59 
p.000062:   
p.000062:  Prohibiting all student participation in research, however, would be an over-protective reaction. An alternative way to 
p.000062:  protect against coercion is to require that researchers advertise for participants generally (for example, through 
p.000062:  notices posted in the school or department) rather than recruit individual students directly. As with any research 
p.000062:  involving a potentially vulnerable participant population, special attention should be paid to the potential for 
p.000062:  coercion or undue influence, and the possibility of exploitation should be reduced or eliminated. 
p.000062:   
p.000062:  Another concern raised by the involvement of students as research participants is confidentiality. Research involving 
p.000062:  the collection of data on sensitive topics such as mental health, sexual activity or the use of illicit drugs or 
p.000062:  alcohol presents risks to participants which they should be made aware of and from which they should be protected, to 
p.000062:  the greatest extent possible. The close environment of the university amplifies this problem. 
p.000062:   
p.000062:   
p.000062:  Employees 
p.000062:  The risks for employees as research participants are similar to those applicable to students: coercion, undue influence 
p.000062:  and breach of confidentiality. Employees of drug companies are often seen by investigators as ideal participants, 
p.000062:  because of their ability to comprehend the protocol and to understand the importance of the research and compliance 
p.000062:  with the protocol. 
p.000062:   
p.000062:  Just as student participation raises questions of the ability to exercise free choice because of the possibility that 
p.000062:  grades or other important factors will be affected by decisions to participate, employee research programmes raise the 
p.000062:  possibility that the decision will affect performance evaluations or job advancement. It may also be difficult to 
p.000062:  maintain the confidentiality of personal medical information or research data when the participants are also employees; 
p.000062:  particularly when the employer is also a medical institution. 
p.000062:   
p.000062:   
p.000062:  Prison inmates 
p.000062:  The involvement of inmates in research was once common because the stability of inmate life (controlled diet, ready 
p.000062:  availability of participants for follow-up) made prisons attractive research environments. However, the very fact of 
p.000062:  incarceration may make it difficult or impossible for inmates to give voluntary, informed consent. 
p.000062:   
p.000062:  Where a study proposes to use prison inmates as a study population a threshold question to be asked is whether that 
p.000062:  population was chosen simply out of convenience to the investigator. 
p.000062:   
p.000062:  Some procedures that would inconvenience free participants are not a burden to inmates. However, the nature of 
p.000062:  incarceration may conflict with the ethical principle of autonomy, which requires that the participant be so situated 
p.000062:  as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, 
p.000062:  duress, over-reaching or other ulterior form of constraint or coercion. 
p.000062:   
p.000062:  The primary issue surrounding the participation of inmates in research has always been whether inmates have a real 
p.000062:  choice whether to participate in research, or whether their situation prohibits the exercise of free choice. A 
p.000062:  secondary issue is whether confidentiality of participation and of data can be adequately maintained in the prison. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  60   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  The circumstances common in prisons create environments in which the offer to participate in research is necessarily 
p.000062:  coercive or creates an undue influence in favour of participation. The desire to obtain the advantages offered to those 
p.000062:  who agree to participate may preclude their ability to weigh fairly the risks and benefits involved in participation. 
p.000062:  For example, the investigator may propose to move the research participants to special units where they are given 
p.000062:  medical care and where the living conditions are better than those provided to the general prison population. Even the 
p.000062:  opportunity to leave the prison cell and interact with people from outside the prison may act as an undue inducement to 
p.000062:  participate in research. 
p.000062:   
p.000062:  In addition to problems of coercion and undue inducement, the involvement of inmates in research raises questions of 
p.000062:  burden and benefit. Inmates should neither bear an unfair share of the burden of participating in research, nor be 
p.000062:  excluded from its benefits, to the extent that voluntary participation is possible. 
p.000062:   
p.000062:  Inmates’ rights to self-determination (autonomy) should not be circumscribed more than required by applicable 
p.000062:  regulations. One should refrain from assuming, without cause, that prospective inmate-participants will lack the 
p.000062:  ability to make autonomous decisions whether to participate in research. To the extent that inmate-participants can 
p.000062:  voluntarily consent to participation, and to the extent allowable under applicable regulations, inmates should be 
...
General/Other / cioms guidelines
Searching for indicator cioms:
(return to top)
           
p.000062:  1.2         The Guidelines accord with the expectation stated in NEAC’s terms of reference that NEAC will: 
p.000062:  … develop and promote national ethical guidelines for health research … and innovative practice in an ethical manner 
p.000062:  and should establish parameters for, and provide guidance on, the ethical review of such types of health research (NEAC 
p.000062:  2008: 39–40). 
p.000062:   
p.000062:  1.3         The Guidelines constitute ethical standards for intervention studies, for the purposes of the Code of 
p.000062:  Health and Disability Services Consumers’ Rights 1996 (the Code of Rights), Right 4(2). 
p.000062:   
p.000062:  1.4         An intervention study may be a ‘clinical trial’ for the purposes of the Accident Compensation Act 2001, 
p.000062:  section 32. 
p.000062:   
p.000062:  1.5         An intervention study may be ‘medical or scientific experimentation’ or ‘medical treatment’ for the 
p.000062:  purposes of the New Zealand Bill of Rights Act 1990, sections 10–11. 
p.000062:   
p.000062:  1.6         Some intervention studies may be ‘human reproductive research’ for the purposes of the Human Assisted 
p.000062:  Reproductive Technology Act 2004 (the HART Act). The Guidelines may then constitute ‘applicable ethical standards’ for 
p.000062:  the purposes of the HART Act 2004, section 27(4). 
p.000062:   
p.000062:  1.7         The Guidelines are based on statements from New Zealand and international guidelines (see the References). 
p.000062:  They accord with key international guidance, including the World Medical Association Declaration of Helsinki: Ethical 
p.000062:  principles for medical research involving human subjects (WMA 2008), the International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002) and the ICH Harmonised Tripartite Guideline: Guideline for 
p.000062:  good clinical practice (ICH 1996). Researchers should be familiar with relevant sources of international and domestic 
p.000062:  ethical guidance materials (see the References). In the domestic context, researchers should also be aware of 
p.000062:  guidelines relating to research involving Māori, such as the Health Research Council’s Guidelines for Researchers on 
p.000062:  Health Research involving Māori, and NEAC’s resource document Māori Research Ethics: An overview (in press). 
p.000062:   
p.000062:  1.8         These Guidelines are written primarily for investigators conducting intervention studies. They are 
p.000062:  structured and ordered around ethical issues relating to the process of designing and conducting a study, from the 
p.000062:  beginning stages of developing a study question through to the communication of study results and post-study access to 
p.000062:  interventions. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        1 
p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
p.000062:  Disability Act 2000, section 11. The SOPs were created in 2012 in response to the Government response to a Select 
p.000062:  Committee inquiry into improving New Zealand’s environment to support innovation through clinical trials. They provide 
...
           
p.000062:  to at least ACC-equivalent standard. This may include earnings-related compensation. 
p.000062:   
p.000062:  8.5         HDECs have a responsibility to check that at least ACC-equivalent compensation is available to participants 
p.000062:  in clinical trials that are not covered by the accident compensation scheme. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  38   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Glossary 
p.000062:  Adverse drug reaction: any untoward and unintended response in a subject to an intervention which is related to any 
p.000062:  dose administered to that subject (MHRA 2009). 
p.000062:  Adverse event: any untoward medical occurrence in a patient administered a study product and which does not necessarily 
p.000062:  have a causal relationship with that product (MHRA 2009). 
p.000062:  Bias: the tendency of a measurement or a statistic to deviate from the true value of the measure or statistic (Brownson 
p.000062:  and Petitti 1998: 50). 
p.000062:  Bioavailability study: a study examining the rate and extent at which a drug, when administered in a pharmaceutical 
p.000062:  dosage form, becomes available, either at the site of pharmacological effect or systemically within the body (Chow 
p.000062:  2003: 83). 
p.000062:  Bioequivalence study: a study aiming to show that the bioavailability of one formulation of a drug is equivalent to 
p.000062:  another formulation of the same drug (Chow 2003: 83). 
p.000062:  CIOMS guidelines: the Council for International Organizations of Medical Sciences International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002). 
p.000062:  Clinical trial: any research study that prospectively assigns human participants or groups of humans to one or more 
p.000062:  health-related interventions to evaluate effects on health outcomes. Clinical trials may also be referred to as 
p.000062:  interventional trials. Interventions include but are not restricted to drugs, cells and other biological products, 
p.000062:  surgical procedures, radiologic procedures, devices, behavioural treatments, process- of-care changes and preventive 
p.000062:  care, etc. This definition includes Phase I to Phase IV trials (WHO 2009). 
p.000062:  Code of Rights: the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) 
p.000062:  Regulations 1996, issued under the Health and Disability Commissioner Act 1994, section 7. 
p.000062:  Community intervention study (or cluster intervention study): a study in which interventions are allocated primarily to 
p.000062:  whole communities or to groups (such as schools, households or groups of patients), other communities serving as 
p.000062:  comparison. For example, such a study might focus on a mass media campaign to prevent smoking in young people, or a 
p.000062:  school-based programme of antibiotic treatment of throat infections to prevent rheumatic fever, or a new model of care. 
p.000062:  Crossover trial: in a crossover trial each subject is randomised to a sequence of two or more treatments, and hence 
p.000062:  acts as her or his own control for treatment comparisons. This design reduces the number of subjects and usually the 
p.000062:  number of assessments needed to achieve a specific power, sometimes to a marked extent. In the simplest 2 × 2 crossover 
...
           
p.000062:   
p.000062:  Fa’afatai Sopoaga (from October 2011) Martin Sullivan (to December 2007) Martin Wilkinson (from July 2010) 
p.000062:   
p.000062:   
p.000062:  Secretariat for this project 
p.000062:  Annabel Begg, Public Health Medicine Registrar (2004–2005) Barbara Burt, Senior Analyst (to July 2011) 
p.000062:  Helen Colebrook, Senior Analyst (2011–2012) 
p.000062:  Fiona Imlach, Public Health Medicine Registrar (2006–2007) Gabrielle McDonald, Public Health Medicine Registrar 
p.000062:  (2007–2009) Vanessa Roberts, Analyst 
p.000062:  Olivia Stapleton, Senior Policy Analyst (2011–2012) 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     63 
p.000062:   
p.000062:  References 
p.000062:  Note: A bibliography of works consulted when preparing these Guidelines is available on NEAC’s website 
p.000062:  (www.neac.health.govt.nz) or by contacting the NEAC secretariat. 
p.000062:   
p.000062:  Beauchamp TL, Childress JF. 2001. Principles of Biomedical Ethics. 5th edition. New York: Oxford University Press. 
p.000062:  Brownson RC, Petitti DB (eds). 1998. Applied Epidemiology: Theory to practice. New York: Oxford University Press. 
p.000062:  Chow S-C (ed). 2003. Encyclopaedia of Biopharmaceutical Statistics. 2nd edition. New York: Marcel Dekker Inc. 
p.000062:  CIOMS. 2002. International Ethical Guidelines for Biomedical Research Involving Human Subjects. Geneva: Council for 
p.000062:  International Organizations of Medical Sciences. 
p.000062:  CTEP. 2009. Common Terminology Criteria for Adverse Events v 4.0. Bethesda: Cancer Therapy Evaluation Program. URL: 
p.000062:  http://ctep.cancer.gov (accessed 5 June 2009). 
p.000062:  Ellenberg SS, Fleming TR, DeMets DL. 2003. Data Monitoring Committees in Clinical Trials: A practical perspective. 
p.000062:  Chichester: John Wiley & Sons Ltd. 
p.000062:  Expert Scientific Group on Phase I Clinical Trials. 2006. Final Report. Norwich: The Stationery Office. 
p.000062:  HRC. 2005a. Data Safety Monitoring Board Operating Guidelines. Wellington: Health Research Council. URL: 
p.000062:  www.hrc.govt.nz/root/pages_regulatory/Data_Safety_ Monitoring_Board.html (accessed 23 April 2008). 
p.000062:  HRC. 2005b. Guidelines on Ethics in Health Research. Wellington: Health Research Council. URL: 
p.000062:  www.hrc.govt.nz/sites/default/files/HRC%20Guidelines%20on%20Ethics%20in%20Health%20Research.pd f (accessed 2 July 
p.000062:  2012). 
p.000062:  HRC. 2010. Guidelines for Researchers on Health Research involving Māori. Wellington: Health Research Council. 
p.000062:  ICH. 1996. ICH Harmonised Tripartite Guideline: Guideline for good clinical practice. Geneva: International Conference 
p.000062:  on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 
p.000062:  ICH. 1997. ICH Harmonised Tripartite Guideline: General considerations for clinical trials. Geneva: International 
p.000062:  Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use. 
p.000062:  ICH. 1998. ICH Harmonised Tripartite Guideline: Statistical principles for clinical trials. Geneva: International 
...
General/Other / cultural difference
Searching for indicator culturally:
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p.000062:  people, rather than simply as a transfer of information from one person to another (Manson and O’Neill 2007). 
p.000062:   
p.000062:  6.7         Informed consent has two basic components. 
p.000062:  (a)         The decision is informed by adequate understanding of any information that is relevant to that decision. 
p.000062:  (b)         The decision is voluntary, and is therefore free from undue influence such as manipulation or coercion. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  20   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.8         People are entitled to make free and informed decisions about their participation in a study. The purposes 
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
p.000062:  participants’ informed consent. Ethics committees are responsible for checking that proposed study information sheets 
p.000062:  and consent forms enhance informed consent of this nature. 
p.000062:   
p.000062:  6.14       Providing information that is too detailed or complex can frustrate rather than assist free and informed 
...
General/Other / declaration of helsinki
Searching for indicator helsinki:
(return to top)
           
p.000062:  2000, section 16 to ‘determine nationally consistent ethical standards across the health sector’. 
p.000062:   
p.000062:  1.2         The Guidelines accord with the expectation stated in NEAC’s terms of reference that NEAC will: 
p.000062:  … develop and promote national ethical guidelines for health research … and innovative practice in an ethical manner 
p.000062:  and should establish parameters for, and provide guidance on, the ethical review of such types of health research (NEAC 
p.000062:  2008: 39–40). 
p.000062:   
p.000062:  1.3         The Guidelines constitute ethical standards for intervention studies, for the purposes of the Code of 
p.000062:  Health and Disability Services Consumers’ Rights 1996 (the Code of Rights), Right 4(2). 
p.000062:   
p.000062:  1.4         An intervention study may be a ‘clinical trial’ for the purposes of the Accident Compensation Act 2001, 
p.000062:  section 32. 
p.000062:   
p.000062:  1.5         An intervention study may be ‘medical or scientific experimentation’ or ‘medical treatment’ for the 
p.000062:  purposes of the New Zealand Bill of Rights Act 1990, sections 10–11. 
p.000062:   
p.000062:  1.6         Some intervention studies may be ‘human reproductive research’ for the purposes of the Human Assisted 
p.000062:  Reproductive Technology Act 2004 (the HART Act). The Guidelines may then constitute ‘applicable ethical standards’ for 
p.000062:  the purposes of the HART Act 2004, section 27(4). 
p.000062:   
p.000062:  1.7         The Guidelines are based on statements from New Zealand and international guidelines (see the References). 
p.000062:  They accord with key international guidance, including the World Medical Association Declaration of Helsinki: Ethical 
p.000062:  principles for medical research involving human subjects (WMA 2008), the International Ethical Guidelines for 
p.000062:  Biomedical Research Involving Human Subjects (CIOMS 2002) and the ICH Harmonised Tripartite Guideline: Guideline for 
p.000062:  good clinical practice (ICH 1996). Researchers should be familiar with relevant sources of international and domestic 
p.000062:  ethical guidance materials (see the References). In the domestic context, researchers should also be aware of 
p.000062:  guidelines relating to research involving Māori, such as the Health Research Council’s Guidelines for Researchers on 
p.000062:  Health Research involving Māori, and NEAC’s resource document Māori Research Ethics: An overview (in press). 
p.000062:   
p.000062:  1.8         These Guidelines are written primarily for investigators conducting intervention studies. They are 
p.000062:  structured and ordered around ethical issues relating to the process of designing and conducting a study, from the 
p.000062:  beginning stages of developing a study question through to the communication of study results and post-study access to 
p.000062:  interventions. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        1 
p.000062:   
p.000062:  1.9         Detailed matters concerning health and disability ethics committee (HDEC) review of intervention studies 
p.000062:  are addressed in the standard operating procedures (SOPs) for HDECs established under the New Zealand Public Health and 
...
           
p.000062:  responsible way by suitable means, so that the widest possible community stands to benefit. The optimal time at which 
p.000062:  to disseminate the results of intervention studies can be difficult to determine. Both premature release and 
p.000062:  unnecessary delay in the release of study results can be more harmful than beneficial to individuals and to society. It 
p.000062:  may be necessary to balance the need for cautious communication of results to other investigators with appropriate peer 
p.000062:  review and the need for expeditious communication of results to other interested parties. Where availability of the 
p.000062:  results would lead to immediate benefit to patients, investigators are responsible for making these results available 
p.000062:  to the relevant parties in an expeditious manner. 
p.000062:   
p.000062:  7.22       Study results should be published in a form that gives due regard to cultural and other sensitivities. This 
p.000062:  normally implies that they should not be published in a form that permits the identification of individual 
p.000062:  participants. (See also paragraph 7.5.) 
p.000062:   
p.000062:  7.23       In the Uniform Requirements for Manuscripts Submitted to Biomedical Journals: Writing and editing for 
p.000062:  biomedical publication, the International Committee of Medical Journal Editors (ICMJE) states: 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  36   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  When reporting experiments on human subjects, authors should indicate whether the procedures followed were in 
p.000062:  accordance with the ethical standards of the responsible committee on human experimentation (institutional and 
p.000062:  national) and with the Helsinki Declaration. 
p.000062:  (ICMJE 2004: section II.F) 
p.000062:   
p.000062:  7.24       Any New Zealand intervention study should abide by the ICMJE requirements. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
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p.000062:   
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
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p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     37 
p.000062:   
p.000062:  8      Compensation for injury 
p.000062:  8.1         Section 32 of the Accident Compensation Act 2001 sets out the limited circumstances in which there will be 
p.000062:  cover for ‘personal’ (physical) injury suffered as a result of treatment provided as part of an intervention study. 
p.000062:  This cover is provided through the Accident Compensation Corporation (ACC). 
p.000062:   
p.000062:  8.2         Participants in clinical trials are excluded from cover under the general provisions of the Accident 
p.000062:  Compensation Act 2001 if they agreed in writing to participate in the trial and an approved ethics committee did not 
p.000062:  approve the clinical trial. Participants are also excluded if all of the following conditions are met: 
p.000062:  •    the participant’s personal injury results from medical treatment 
p.000062:  •    this injury occurs during or after his or her participation in a clinical trial 
p.000062:  •    the medical treatment is provided as part of the study 
...
           
p.000062:  Regulations 1996, issued under the Health and Disability Commissioner Act 1994, section 7. 
p.000062:  Community intervention study (or cluster intervention study): a study in which interventions are allocated primarily to 
p.000062:  whole communities or to groups (such as schools, households or groups of patients), other communities serving as 
p.000062:  comparison. For example, such a study might focus on a mass media campaign to prevent smoking in young people, or a 
p.000062:  school-based programme of antibiotic treatment of throat infections to prevent rheumatic fever, or a new model of care. 
p.000062:  Crossover trial: in a crossover trial each subject is randomised to a sequence of two or more treatments, and hence 
p.000062:  acts as her or his own control for treatment comparisons. This design reduces the number of subjects and usually the 
p.000062:  number of assessments needed to achieve a specific power, sometimes to a marked extent. In the simplest 2 × 2 crossover 
p.000062:  design, each subject receives each of two treatments in randomised order in two successive treatment periods, often 
p.000062:  separated by a treatment-free period (ICH 1998: 11). 
p.000062:  Data monitoring committee (DMC): a body that advises the study team and study sponsor, and is responsible for 
p.000062:  monitoring emerging data during the course of a study. The purpose of these roles is to ensure both that the 
p.000062:  participants are safe and that the study is conducted to a high quality so that it generates reliable answers to its 
p.000062:  study question(s). The DMC may be independent or may be constituted from those conducting the study. Another term for a 
p.000062:  DMC is ‘data and safety monitoring board’. 
p.000062:  Declaration of Helsinki: the World Medical Association Declaration of Helsinki: Ethical principles for medical research 
p.000062:  involving human subjects (WMA 2008). 
p.000062:  End-point (outcome measure): a pre-specified outcome variable of interest to a study. The primary end- point is the 
p.000062:  most important outcome, and should reflect clinically relevant effects and the principal objective of the study. Data 
p.000062:  on secondary outcomes (secondary end-points) are used to evaluate additional effects of the intervention (ICH 1997: 
p.000062:  10–11). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     39 
p.000062:   
p.000062:  Ethics committee: any ethics committee approved by the Health Research Council Ethics Committee (HRCEC) in accordance 
p.000062:  with the Health Research Council Act 1990, section 25, or the HRCEC itself. The standards established in these 
p.000062:  Guidelines may also assist other ethics committees. 
p.000062:  Health and disability ethics committee (HDEC): an ethics committee established under section 11 of the New Zealand 
p.000062:  Public Health and Disability Act 2000 and approved by the HRCEC. 
p.000062:  HRC guidelines: the Health Research Council Guidelines on Ethics in Health Research (HRC 2005b). 
p.000062:  Indication: a condition for which the use of a certain intervention (eg, a certain medicine) is indicated or is 
p.000062:  appropriate. 
...
           
p.000062:  Ministry of Health. 2006. Guidelines for Using Cells from Established Human Embryonic Stem Cell Lines for Research. 
p.000062:  Wellington: Ministry of Health. 
p.000062:  Ministry of Health. 2007. Guidelines for the Use of Human Tissue for Future Unspecified Research Purposes. Wellington: 
p.000062:  Ministry of Health. 
p.000062:  National Institutes of Health. 1998. NIH Policy for Data and Safety Monitoring. Washington: National Institutes of 
p.000062:  Health. URL: http://grants.nih.gov/grants/guide/notice-files/not98-084.html (accessed 2 July 2012). 
p.000062:  NEAC. 2008. Sixth Annual Report to the Minister of Health: National Ethics Advisory Committee – Kāhui 
p.000062:  Matatika o te Motu 2007. Wellington: Ministry of Health. 
p.000062:  NEAC. In press. Māori Research Ethics: An overview. Wellington: National Ethics Advisory Committee. 
p.000062:  NEAC. 2012. Ethical Guidelines for Observational Studies: Observational research, audits and related activities. 
p.000062:  Wellington: Ministry of Health. 
p.000062:  WHO. 2009. International Clinical Trials Registry Platform. Geneva: World Health Organization. URL: 
p.000062:  www.who.int/ictrp/en (accessed 2 July 2012). 
p.000062:  WHO on behalf of the Special Programme for Research and Training in Tropical Diseases. 2005. Operational Guidelines for 
p.000062:  the Establishment and Functioning of Data and Safety Monitoring Boards. Geneva: World Health Organization. 
p.000062:  WHO. 2011. Standards and Operational Guidance for Ethics Review of Health-Related Research with Human Participants. 
p.000062:  Geneva: World Health Organization. 
p.000062:  WMA. 2008. World Medical Association Declaration of Helsinki: Ethical principles for medical research involving human 
p.000062:  subjects [first adopted in 1964 and revised in 1975, 1983, 1989, 1996, 2000 and 2008 with notes of clarification added 
p.000062:  by the WMA General Assembly on Paragraph 29 in 2002 and paragraph 30 in 2004]. Ferney-Voltaire: World Medical 
p.000062:  Association URL: www.wma.net/en/30publications/10policies/b3/17c.pdf (accessed 2 July 2012). 
p.000062:   
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p.000062:  •    the withholding or altered administration of an established intervention 
p.000062:  •    a change in the method of delivering care designed to add to knowledge of the health effects of the change (eg, 
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
p.000062:  intervention previously untested in humans to evaluate its safety. 
p.000062:   
p.000062:  2.6         Common types of intervention studies are explained in the Glossary. Not listed in the Glossary are emerging 
p.000062:  trial designs, for which specific ethical issues may arise. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        3 
p.000062:   
p.000062:  Features of intervention studies 
p.000062:   
p.000062:  Participants 
p.000062:   
p.000062:  2.7         The primary participants in most intervention studies are volunteers who have given their informed consent 
p.000062:  to participate. In some studies the primary participants are grouped in communities (eg, geographical communities or 
p.000062:  organisations such as schools). 
p.000062:   
p.000062:   
p.000062:  Study groups 
p.000062:   
p.000062:  2.8         To enable comparison of outcomes for participants, most intervention studies include a ‘control’ group and 
p.000062:  an ‘intervention’ group. The control group receives a standard or established intervention, a placebo or no 
p.000062:  intervention. The ‘intervention’ group receives the intervention that is being studied. In some studies a participant 
p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
...
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p.000003:   
p.000003:   
p.000003:   
p.000003:  Contents 
p.000003:  Foreword to the 2012 edition                                                                           iii 
p.000003:  Foreword to the 2009 edition                                                                          iv 
p.000003:  1     Introduction                                                                                               1 
p.000003:  2     Definitions and scope of the Guidelines                                                   3 
p.000003:  Definition of ‘intervention study’ 
p.000003:  3 
p.000003:  Features of intervention studies 
p.000004:  4 
p.000004:  Scope of these Guidelines 
p.000005:  5 
p.000005:  3     Ethics of intervention studies                                                                    6 
p.000005:  Worth of intervention studies 
p.000006:  6 
p.000006:  Benefits to participants 
p.000006:  6 
p.000006:  Risk in intervention studies 
p.000007:  7 
p.000007:  4     Underlying ethical considerations                                                             8 
p.000007:  Respect for persons 
p.000008:  8 
p.000008:  Justice 
p.000008:  8 
p.000008:  Beneficence and non-maleficence 
p.000009:  9 
p.000009:  Integrity 
p.000009:  9 
p.000009:  Diversity 
p.000010:  10 
p.000010:  Addressing conflict of interest 
p.000010:  10 
p.000010:  5     Study and protocol design                                                                      11 
p.000010:  Study question 
p.000011:  11 
p.000011:  Study design 
p.000011:  11 
p.000011:  Comparison groups 
p.000012:  12 
p.000012:  Best intervention standard 
p.000012:  12 
p.000012:  Equipoise standard 
p.000013:  13 
p.000013:  Use of a placebo 
p.000013:  13 
p.000013:  Inclusion and exclusion of participants 
p.000014:  14 
p.000014:  Vulnerable people 
p.000014:  14 
p.000014:  Skills and resources 
p.000015:  15 
p.000015:  Study protocol 
p.000016:  16 
p.000016:  Registering studies 
p.000016:  16 
p.000016:  Study locality 
p.000017:  17 
p.000017:  Studies with distinctive features 
p.000017:  17 
p.000017:  Collective consultation 
p.000019:  19 
p.000019:   
p.000019:   
p.000019:   
p.000019:   
p.000019:  Ethical Guidelines for Intervention Studies     vii 
p.000019:   
p.000019:  6     Study processes                                                                                     20 
p.000019:  Recruitment of participants 
p.000020:  20 
p.000020:  Free and informed consent 
p.000020:  20 
p.000020:  Features of informed consent 
p.000022:  22 
p.000022:  Non-consensual studies 
p.000024:  24 
p.000024:  Study conduct 
p.000025:  25 
p.000025:  Payments to participants 
p.000025:  25 
p.000025:  Study monitoring and adverse event reporting 
p.000026:  26 
p.000026:  Monitoring arrangements 
p.000027:  27 
p.000027:  Data monitoring committee 
p.000028:  28 
p.000028:  The independence of the data monitoring committee 
p.000028:  28 
p.000028:  Adverse event monitoring 
p.000031:  31 
p.000031:  Responsibilities for monitoring adverse events 
p.000031:  31 
p.000031:  Terminating a study 
p.000032:  32 
p.000032:  Care of participants 
p.000032:  32 
p.000032:  Clinical responsibilities 
p.000032:  32 
p.000032:  7     Confidentiality, disclosure and publication of results                              34 
p.000032:  Disclosure of information obtained by intervention studies 
p.000035:  35 
p.000035:  Publishing study results 
p.000036:  36 
...
           
p.000062:  the use of directly observed therapy for the treatment of tuberculosis as opposed to patient-administered medication, a 
p.000062:  new model of care,  use of guidelines or protocols, use of different information formats, or care undertaken by a 
p.000062:  different group of professionals) 
p.000062:  •    a study that has no therapeutic value to the subject, conducted with healthy volunteers, giving them an 
p.000062:  intervention previously untested in humans to evaluate its safety. 
p.000062:   
p.000062:  2.6         Common types of intervention studies are explained in the Glossary. Not listed in the Glossary are emerging 
p.000062:  trial designs, for which specific ethical issues may arise. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        3 
p.000062:   
p.000062:  Features of intervention studies 
p.000062:   
p.000062:  Participants 
p.000062:   
p.000062:  2.7         The primary participants in most intervention studies are volunteers who have given their informed consent 
p.000062:  to participate. In some studies the primary participants are grouped in communities (eg, geographical communities or 
p.000062:  organisations such as schools). 
p.000062:   
p.000062:   
p.000062:  Study groups 
p.000062:   
p.000062:  2.8         To enable comparison of outcomes for participants, most intervention studies include a ‘control’ group and 
p.000062:  an ‘intervention’ group. The control group receives a standard or established intervention, a placebo or no 
p.000062:  intervention. The ‘intervention’ group receives the intervention that is being studied. In some studies a participant 
p.000062:  may act as her or his own control. 
p.000062:   
p.000062:   
p.000062:  Allocation 
p.000062:   
p.000062:  2.9         Assignment of participants to study groups may be: 
p.000062:  •    randomised, by a method (eg, a random numbers table or computer-generated random sequence) that uses chance to 
p.000062:  assign participants, or groups of participants, with a predetermined probability to each study group 
p.000062:  •    quasi-randomised (eg, through minimisation, or assignment by date of birth, day of the week, medical record number 
p.000062:  or order of recruitment to the study) 
p.000062:  •    non-random. 
p.000062:   
p.000062:   
p.000062:  Allocation concealment 
p.000062:   
p.000062:  2.10       Allocation concealment involves preventing those assessing participants for entry into a study from knowing 
p.000062:  which study group the participant will be entered into. The aim of this practice, which is implemented prior to 
p.000062:  entering a participant in a study, is to prevent selection bias and to ensure the assignment of participants to study 
p.000062:  groups is truly random. This is particularly important in studies where blinding is not possible (see below). Examples 
p.000062:  of allocation concealment include using sequential sealed opaque envelopes, or allocation through an independent 
p.000062:  telephone service. 
p.000062:   
p.000062:   
p.000062:  Blinding 
p.000062:   
p.000062:  2.11       Blinding is valuable in studies where there is subjectivity in assessing an outcome (eg, reduction in pain). 
p.000062:  Blinding prevents people involved in the study from knowing which intervention a participant has been allocated to. It 
...
           
p.000062:  means there is data missing from the study. This will be for non-random reasons and has the potential to compromise the 
p.000062:  reliability of the study findings (see also paragraph 6.20). 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     11 
p.000062:   
p.000062:  5.11       Peer review of the scientific validity of a study’s protocols is beneficial, and is advised for all studies 
p.000062:  that pose more than minimal risk. Further advice about features of robust peer review is provided in Appendix 1. 
p.000062:   
p.000062:   
p.000062:  Comparison groups 
p.000062:   
p.000062:  5.12       Investigators should treat actual and potential study participants fairly, both in relation to one another 
p.000062:  and in relation to similarly placed non-participants. 
p.000062:   
p.000062:   
p.000062:  Best intervention standard 
p.000062:   
p.000062:  5.13       An intervention study meets the best intervention standard if the intervention(s) in the study are tested 
p.000062:  against the best proven intervention(s) available outside the study. In many settings there might be more than one 
p.000062:  intervention that is equivalent to the best, according to the current evidence. 
p.000062:   
p.000062:  5.14       All intervention studies should meet the best intervention standard, unless there are only temporary and 
p.000062:  minimal departures from the best intervention standard and the departure (and any risk posed) is justified in relation 
p.000062:  to the overall potential benefits of the study. 
p.000062:   
p.000062:  5.15       Withholding a proven intervention for a short time, whether or not it is replaced by a placebo, can 
p.000062:  sometimes be ethically justified to validate a measurement technique or to confirm the sensitivity of a therapeutic 
p.000062:  study design. An investigator who proposes any such approach should justify this to an ethics committee and explain how 
p.000062:  it can be undertaken without significant risk of harm to participants. 
p.000062:   
p.000062:  5.16       In some cases, one or more interventions provided in an intervention study are equivalent to the best proven 
p.000062:  intervention available locally outside the study but are known to be inferior to the best proven intervention available 
p.000062:  internationally. In such cases, the study can be justified only if the world-best intervention is unlikely to be 
p.000062:  available locally for the duration of the study and if the study can be justified in terms of its potential benefit to 
p.000062:  the community from which the participants are drawn. The same considerations apply to New Zealand-sponsored studies 
p.000062:  conducted in countries with less access to health interventions than New Zealand. 
p.000062:   
p.000062:  5.17       Investigators should ensure that participants understand that their participation in an intervention study 
p.000062:  is not designed to benefit them more than the benefit they would gain if they were instead receiving the best proven 
p.000062:  intervention available outside the study. (See also ‘Equipoise standard’, paragraphs 5.18–5.21.) 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  12   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Equipoise standard 
p.000062:  5.18       An intervention study meets the equipoise standard if the evidence is ‘equally poised’ as to the overall 
p.000062:  balance of risks and benefits of each of the interventions offered in the study, so that it cannot be determined in 
p.000062:  advance which of the groups in a proposed study will be better off. 
p.000062:   
p.000062:  5.19       Any intervention study to compare two or more interventions should be designed to meet the equipoise 
p.000062:  standard. For example, study participants may not be assigned to different interventions when the available evidence 
p.000062:  demonstrates that one intervention has a better expected overall balance of benefits over risks than the other(s). 
p.000062:   
p.000062:  5.20       Equipoise is a matter of the evidence that should inform the decisions of study designers and study 
p.000062:  investigators. In the case of some proposed studies there may be reasonable professional debate about whether or not 
p.000062:  the evidence is in equipoise. However genuinely felt, an individual feeling of certainty or uncertainty is not enough 
p.000062:  to demonstrate the presence or absence of equipoise. 
p.000062:   
p.000062:  5.21       In addition to equipoise of evidence, the preferences of individual participants are important. For example, 
p.000062:  a potential participant might have a strong preference for the less radical of two alternative interventions that are 
p.000062:  in equipoise. If a potential participant has a strong preference for one of the options over the other(s), they may 
p.000062:  wish to decline to participate once given full information about the study. 
p.000062:   
p.000062:   
p.000062:  Use of a placebo 
p.000062:   
p.000062:  5.22       Use of a placebo or no intervention as a control may be ethically acceptable in an intervention study when: 
p.000062:  •    there is no proven effective intervention, or 
p.000062:  •    withholding a proven intervention would not expose the participant to any additional risk of serious or 
p.000062:  irreversible harm but, at most, would expose them only to temporary discomfort or delay in relief of symptoms, or 
p.000062:  •    there are compelling methodological reasons to believe that using an established effective intervention as 
p.000062:  comparator would not yield reliable findings on safety or efficacy, and use of a placebo would not add any risk of 
p.000062:  serious or irreversible harm to participants. 
p.000062:   
p.000062:  5.23       In some intervention studies all participants receive the best proven current intervention, and are given 
p.000062:  either a placebo or the study intervention as well. This approach does not raise any particular ethical issues, because 
p.000062:  the best proven current intervention is still given to all participants. A similar situation may also arise with other 
p.000062:  study designs. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     13 
p.000062:   
p.000062:  5.24       When a placebo control is used, the investigator should ensure that each participant is fully informed 
p.000062:  about: 
p.000062:  •    any intervention that will be withdrawn or withheld for the purposes of the study 
p.000062:  •    the consequences that can reasonably be expected from not having this intervention 
p.000062:  •    the scientific justification for proceeding with a placebo-controlled study. 
p.000062:   
p.000062:  5.25       A placebo control study should also meet other ethical requirements, such as the best intervention standard 
p.000062:  (see ‘Best intervention standard’, paragraphs 5.13–5.17). 
p.000062:   
p.000062:   
p.000062:  Inclusion and exclusion of participants 
p.000062:   
p.000062:  5.26       Inclusion of participants in intervention studies must be equitable. Investigators may not exclude 
p.000062:  participants on the basis of sex, ethnicity, national origin, religion, education or socioeconomic status, except where 
p.000062:  such exclusion or inclusion is essential to the purposes of the study. 
p.000062:   
p.000062:  5.27       Inclusion and exclusion of participants affect the extent to which study findings can be generalised. To 
p.000062:  contribute to an equitable distribution of study benefits and burdens, investigators should, when practicable, consider 
p.000062:  including all those who may benefit from the study findings. 
p.000062:   
p.000062:   
p.000062:  Vulnerable people 
p.000062:  5.28       Vulnerability is a broad category. It describes people who have restricted capability to make independent 
p.000062:  decisions about their participation in the study (ie, who might traditionally be regarded as lacking the capacity to 
p.000062:  consent to participate). It also encompasses people who may lack the ability to consent freely or may be particularly 
...
           
p.000062:  of this are to ensure that such decisions express the will of potential and actual participants and to protect them 
p.000062:  from coercion, manipulation and other undue influence. 
p.000062:   
p.000062:  6.9         The person making the decision must have sufficient competence to make that decision, in terms of their 
p.000062:  ability to understand and weigh the information. 
p.000062:   
p.000062:  6.10       Verbal information provided should be tailored to the individual, taking into account the participant’s 
p.000062:  level of knowledge and understanding and the amount of detail they desire. Written information provided should be 
p.000062:  tailored to the study population (for example, it should be culturally appropriate for that study population), and 
p.000062:  should have a reading age appropriate to that population. 
p.000062:   
p.000062:  6.11       Consent provisions should include establishing access to an ongoing dialogue about the study and give the 
p.000062:  opportunity for any questions to be asked and answered throughout the duration of the study. Providing such ongoing 
p.000062:  access to information is often a better way to communicate than providing a lot of extra written material. 
p.000062:   
p.000062:  6.12       Investigators should effectively communicate to participants the purpose and practical implications of all 
p.000062:  key study features, including any randomisation, placebo control or blinding (see also ‘Features of intervention 
p.000062:  studies’, paragraphs 2.7–2.11). 
p.000062:   
p.000062:  6.13       Investigators are responsible for designing and conducting studies to maximise the validity and quality of 
p.000062:  participants’ informed consent. Ethics committees are responsible for checking that proposed study information sheets 
p.000062:  and consent forms enhance informed consent of this nature. 
p.000062:   
p.000062:  6.14       Providing information that is too detailed or complex can frustrate rather than assist free and informed 
p.000062:  consent. If a consent form or information sheet for a study is very long and complex, participants may be overwhelmed 
p.000062:  by the information and may not be able to process the critical information. Further detail about informed consent for 
p.000062:  specific groups is located in the appendices to this document. 
p.000062:   
p.000062:  6.15       It is preferable that participants provide in writing their consent to participate in an intervention study. 
p.000062:  There may be some situations where this is not possible; for example, due to a participant’s illiteracy or physical 
p.000062:  inability. The principles of justice and non- exclusion imply that prospective participants should not be excluded from 
p.000062:  research purely on the basis of illiteracy or physical inability. However, any exceptions to obtaining written informed 
...
           
p.000062:  requirements, or Phase IIb studies, which are designed to evaluate efficacy. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  40   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Phase III study: a study with the primary objective of demonstrating or confirming therapeutic benefit. Phase III 
p.000062:  studies are designed to confirm the preliminary evidence accumulated in Phase II that an intervention is safe and 
p.000062:  effective for the intended indication and recipient population. Studies in Phase III may also further explore the 
p.000062:  dose–response relationship, or investigate the intervention’s use in wider populations, in different stages of disease 
p.000062:  or in combination with another intervention. For interventions intended to be administered for long periods, studies 
p.000062:  involving extended exposure to the intervention are usually conducted in Phase III, although they may be started in 
p.000062:  Phase II (ICH 1997: 7). 
p.000062:  Phase IV study: a study (other than routine surveillance) performed after an intervention’s approval, related to the 
p.000062:  approved indication. Phase IV studies are studies that were not considered necessary for approval but can be important 
p.000062:  for optimising the intervention’s use. They may be of any type of study design, but should have valid scientific 
p.000062:  objectives. Studies in this phase commonly examine additional drug–drug interaction or the dose–response relationship 
p.000062:  or safety, or investigate use under the approved indication, such as mortality/morbidity studies and epidemiological 
p.000062:  studies (ICH 1997: 8). 
p.000062:  Placebo: an inactive or ‘dummy’ intervention used in some studies to help assess the comparative safety and 
p.000062:  effectiveness of an active intervention. Using a placebo assists blinding, as participants (and, in some studies, 
p.000062:  investigators) are unaware to which group each participant has been allocated. 
p.000062:  Principal investigator: the qualified health professional or qualified researcher with primary responsibility for the 
p.000062:  design and conduct of a particular investigation (referred to as a ‘co-ordinating investigator’ in the SOPs for HDECs). 
p.000062:  PPPR Act 1988: the Protection of Personal and Property Rights Act 1988. 
p.000062:  Protocol: a protocol document describes the objective(s), design, methodology, statistical considerations and 
p.000062:  organisation of a trial. The protocol often gives the background and rationale for the trial, but these could be 
p.000062:  provided in other documents referenced by the protocol (ICH 1996: 6). 
p.000062:  Randomised controlled trial: the general term for a study in which participants are randomly assigned to intervention 
p.000062:  and control groups to receive or not receive a diagnostic, preventive or therapeutic  intervention. Findings in such a 
p.000062:  study are assessed by comparing rates of disease, death, recovery or other appropriate end-points in the intervention 
p.000062:  and control groups. 
p.000062:  Serious adverse drug reaction: an adverse drug reaction that results in death, or is life-threatening, or requires 
p.000062:  inpatient hospitalisation or results in prolongation of existing hospitalisation, or results in persistent or 
p.000062:  significant disability or incapacity, or consists of a congenital anomaly or birth defect, or is a medically important 
...
Orphaned Trigger Words
p.000062:  these contribute both directly and indirectly to service safety and quality. 
p.000062:   
p.000062:   
p.000062:  Benefits to participants 
p.000062:  3.7         People have a range of motives for participating in intervention studies. These can include gaining benefit 
p.000062:  for themselves or for other individuals in the future, helping to contribute to knowledge, and contributing benefit to 
p.000062:  communities, including benefit sharing and reciprocity. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  6     Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Risk in intervention studies 
p.000062:  3.8         In general, close ethical scrutiny is appropriate for intervention studies because the potential harms are 
p.000062:  generally greater than with other types of study, due to the intervention itself. In addition, intervention studies may 
p.000062:  involve conducting research in the context of clinical care, and this creates the potential for conflict between the 
p.000062:  roles of investigator and clinician. 
p.000062:   
p.000062:  3.9         The level of risk that is acceptable is primarily a matter for potential participants to decide. For this 
p.000062:  reason, informed consent is a central concept (see also ‘Free and informed consent’, paragraphs 6.6–6.22). 
p.000062:   
p.000062:  3.10       Potential harms to participants in intervention studies can include physical harms such  as adverse events 
p.000062:  or lack of efficacy from the intervention as well as psychological harm. The potential for harm is particularly 
p.000062:  important in non-therapeutic studies, where there is no expected compensatory benefit from the intervention provided. 
p.000062:  At a community level, potential harms may involve an inequitable burden without commensurate benefit to the community. 
p.000062:  Sometimes the benefits and harms may accrue to different individuals in an intervention study (eg, in randomised 
p.000062:  controlled trials of screening). 
p.000062:   
p.000062:  3.11       The potential risks of an intervention study must be proportional to the potential benefits. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        7 
p.000062:   
p.000062:  4      Underlying ethical considerations 
p.000062:  4.1         The ethical considerations stated in this section are important to the design and conduct of intervention 
p.000062:  studies. The application and weighting of these considerations will vary depending on the nature and circumstances of 
p.000062:  the intervention study in question. 
p.000062:   
p.000062:  4.2         Investigators should consider the features of a proposed study in light of these ethical considerations, 
p.000062:  and should then satisfactorily resolve any ethical issues raised by the study. Not all ethical considerations weigh 
p.000062:  equally. 
p.000062:   
p.000062:   
p.000062:  Respect for persons 
p.000062:   
p.000062:  4.3         Every person has the right to be treated with respect. (See also the Code of Rights, Right 1(1).) 
p.000062:   
...
p.000062:  engagement with Māori, which may include discussions with appropriate representatives of specific whānau, hapū and iwi 
p.000062:  as determined by the scope and method of the study. 
p.000062:   
p.000062:  4.10       Comprehensive, high-quality Māori health research and information can inform both the Government and iwi on 
p.000062:  the matter of health priorities, and can assist whānau, hapū and iwi to be involved in meeting these priorities. 
p.000062:   
p.000062:   
p.000062:  Beneficence and non-maleficence 
p.000062:   
p.000062:  4.11       The principle of beneficence refers to a moral obligation to act in a way that will benefit others. 
p.000062:  ‘Non-maleficence’ refers to an obligation not to inflict harm on others (Beauchamp and Childress 2001). 
p.000062:   
p.000062:  4.12       In an intervention study the risks of the study should be reasonable in light of the expected benefits. The 
p.000062:  greatest risk is the potential for harm to study participants. This is particularly significant given that benefits 
p.000062:  often accrue to society but only in some cases to study participants. The greater the risk of harm from the study, the 
p.000062:  greater should be the care in addressing the ethical issues raised. 
p.000062:   
p.000062:  4.13       A study is within the range of minimal risk if potential participants can reasonably be expected to regard 
p.000062:  the probability and magnitude of possible harms from participation in the study as no greater than those encountered in 
p.000062:  everyday life (eg, where the only foreseeable risk is discomfort). 
p.000062:   
p.000062:  4.14       A study warrants greater provision for the protection of participants if they are to be exposed to more than 
p.000062:  minimal risk. 
p.000062:   
p.000062:   
p.000062:  Integrity 
p.000062:  4.15       The investigator’s commitment to the advancement of knowledge entails a duty to conduct honest and 
p.000062:  thoughtful inquiry and rigorous analysis, and to accept responsibility for her or his activities in relation to 
p.000062:  research participants and communities. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies        9 
p.000062:   
p.000062:  4.16       In intervention studies there is the potential for personal bias in the analysis and presentation of 
p.000062:  results. All investigators need to be aware of this potential and conduct studies with objectivity, free from any 
p.000062:  influences that might compromise the scientific credibility of the study. The potential for personal bias or 
p.000062:  expectation is also a reason for blinding investigators and data analysts (see also ‘Blinding’, paragraph 2.11). 
p.000062:   
p.000062:   
p.000062:  Diversity 
p.000062:  4.17       As they conduct intervention studies, investigators should understand, respect and put in place processes 
p.000062:  that recognise diversity among participants and their communities. (See also the Code of Rights, Right 1(3).) 
p.000062:   
p.000062:   
p.000062:  Addressing conflict of interest 
p.000062:  4.18       Conflict of interest occurs when professional judgement concerning a primary interest, such as a patient’s 
p.000062:  welfare or the validity of a study, tends to be influenced by a secondary interest, such as financial gain, special 
p.000062:  loyalties or protection of career advancement opportunities. 
p.000062:   
p.000062:  4.19       If an investigator has a conflict of interest, it can compromise study design or conduct, or the reliability 
...
p.000062:  consent is impracticable, and if the benefits from the study are sufficient and the potential harms minimal. An example 
p.000062:  of such a study might be one examining the effects of a media campaign to reduce adolescent tobacco use. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  18   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  5.54       In general, where there is some engagement with affected communities before and during the conduct of the 
p.000062:  study, there is more likely to be long-term benefit to study participants and to the community. 
p.000062:   
p.000062:  5.55       To the extent possible, and whenever appropriate, investigators should involve community representatives in 
p.000062:  the planning and conduct of studies, and give community members the opportunity to contribute (eg, through submissions 
p.000062:  or public meetings). 
p.000062:   
p.000062:   
p.000062:  Collective consultation 
p.000062:   
p.000062:  5.56       When an intervention study focuses on an intervention for a whole community, rather than for individuals, it 
p.000062:  is normally appropriate for the community as a whole, rather than individuals, to be consulted about participation in 
p.000062:  the study. 
p.000062:   
p.000062:  5.57       Some intervention studies are conducted within identifiable communities but with the intervention(s) 
p.000062:  targeted at individuals. For example, a primary care study may allocate schools or hapū to study groups, while 
p.000062:  individual members of those groups receive the intervention(s). In such cases, investigators should consult with the 
p.000062:  community about conducting the study, and obtain informed consent from individuals to receive the intervention. 
p.000062:   
p.000062:  5.58       In consulting a community or group about participation in a study, the investigator should approach its 
p.000062:  representative(s) in accordance with the group’s practices and shared values. Agreement given by a community 
p.000062:  representative should be consistent with general ethical principles. In general, investigators should consider 
p.000062:  collective entitlements and protection as they would individual entitlements and protection. 
p.000062:   
p.000062:  5.59       In studies involving Māori where the investigators include one or more members from a whānau, hapū or iwi to 
p.000062:  be studied, it may be preferable to include a statement in the study protocol that group agreement for individuals to 
p.000062:  be approached to participate was obtained from the representatives/participants at a hui. 
p.000062:   
p.000062:  5.60       In studies involving Māori where no investigator is a member of the whānau, hapū or iwi to be studied, a 
p.000062:  system of investigator accountability to the whānau, hapū or iwi concerned should be instituted after full discussion 
p.000062:  and agreement between the participants and investigators. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     19 
p.000062:   
p.000062:  6      Study processes 
p.000062:   
p.000062:  Recruitment of participants 
p.000062:  6.1         Adequate recruitment is important to ensure that the number of participants is sufficient to reliably 
p.000062:  answer the study question(s). 
p.000062:   
p.000062:  6.2         The investigator should choose a method of approaching participants that meets applicable ethical and 
p.000062:  scientific standards. Depending on the study question and design, the approach may be made directly to the potential 
p.000062:  participant (eg, by advertisement, telephone or letter) or indirectly (eg, through the participant’s own doctor or 
p.000062:  relevant health practitioner). 
p.000062:   
p.000062:  6.3         In some circumstances the investigator may also be a potential participant’s own doctor or other relevant 
p.000062:  health practitioner. In this case it is important for the investigator to recognise the potential for conflict of 
...
p.000062:  sufficient competence to understand what the study involves.) Any exception requires justification to an ethics 
p.000062:  committee on grounds that informing participants is impracticable and/or undesirable. (See also paragraph 6.16.) 
p.000062:   
p.000062:  6.18       During the initial consent discussion about the study, due regard should be paid to the circumstances of the 
p.000062:  potential participant. If a potential participant is in pain or under stress, a short discussion may suffice. This 
p.000062:  brief dialogue should be followed up with more detailed information about the study once the participant is more 
p.000062:  comfortable. 
p.000062:   
p.000062:  6.19       People are entitled to refuse to participate in intervention studies and to withdraw their consent to 
p.000062:  participate. They may make either of these decisions whenever practicable and without experiencing any disadvantage. 
p.000062:  (See also the Code of Rights, Right 7(7).) 
p.000062:   
p.000062:  6.20       Those who ask to withdraw from a study may wish only to withdraw from any interventions they are yet to 
p.000062:  receive, rather than from all aspects of the study. Normally, those who withdraw should be asked whether they are 
p.000062:  willing for their data to remain in the study, and whether they are willing to have further data recorded, particularly 
p.000062:  data on study end-points (see the Glossary). Any new data or data that have already been collected could provide 
p.000062:  beneficial information for the study. (See also paragraph 5.10.) 
p.000062:   
p.000062:  6.21       If a study is amended significantly, or if new information becomes available after informed consent has been 
p.000062:  obtained, participants must be notified. It may also be appropriate to seek their consent to continue to participate. 
p.000062:  The ethics committee should review any proposal to make significant amendments to the study protocol. 
p.000062:   
p.000062:   
p.000062:  Features of informed consent 
p.000062:   
p.000062:  6.22       Informed consent is essentially a matter of good communication between people. Information should be 
p.000062:  provided to potential participants in a form and in a way that assists their informed decision-making. For example, the 
p.000062:  information should as far as possible be provided in lay terms. In general, such information should: 
p.000062:  •    explain the study, including: 
p.000062:  –    the purpose of the study, including its expected contribution to knowledge and its potential benefits to 
p.000062:  communities 
p.000062:  –    how the study meets the best intervention and equipoise standards 
p.000062:  –    the purpose and practical significance of the use of randomisation, blinding or placebos, as relevant 
p.000062:  –    the nature and sources of funding of the study, the institutional affiliations of the investigator(s), and who can 
p.000062:  be contacted to answer questions and how to contact them 
p.000062:  –    the study’s status, with a current approval from an ethics committee 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  22   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  •    describe what the study involves, including: 
p.000062:  –    what will be done in the study, including how participation in it will differ from not being in the study 
p.000062:  –    the time involved in participation (eg, the number and duration of any visits to the research centre, and the 
p.000062:  expected finishing date of the study) 
p.000062:  –    the purpose and expected number of any extra tests to be performed during the study 
p.000062:  •    outline potential benefits, risks and compensation, covering: 
p.000062:  –    foreseeable risks, side-effects, discomforts and possible direct benefits of study participation, including any 
...
p.000062:   
p.000062:  6.35       Payments or free health services should not be of such value that they induce prospective participants to 
p.000062:  consent against their better judgement. Risks involved in participation should be acceptable to participants even in 
p.000062:  the absence of any inducement. 
p.000062:   
p.000062:  6.36       All payments, reimbursements and health services provided to study participants must be disclosed to an 
p.000062:  ethics committee. 
p.000062:   
p.000062:  6.37       When payments are used, it should be stated at the outset of the study if withdrawal on health grounds or 
p.000062:  for any other reason, or wilful non-adherence to the study protocol, will affect any payments and, if so, what the 
p.000062:  effect will be. 
p.000062:   
p.000062:   
p.000062:  Study monitoring and adverse event reporting 
p.000062:   
p.000062:  6.38       Every intervention study should have appropriate oversight of the conduct of the study to ensure the safety 
p.000062:  of the participants and the integrity and validity of the study data (National Institutes of Health 1998). 
p.000062:   
p.000062:  6.39       Every intervention study should include documentation of the planned monitoring arrangements (a ‘monitoring 
p.000062:  plan’) for the study. 
p.000062:   
p.000062:  6.40       The overall goals of study monitoring are to ensure that: 
p.000062:  •    the rights and wellbeing of human subjects are protected 
p.000062:  •    the reported study data are accurate, complete and verifiable from source documents 
p.000062:  •    the conduct of the study adheres to the study protocol, and is consistent with appropriate good clinical practice 
p.000062:  guidelines. 
p.000062:   
p.000062:  6.41       The nature and extent of monitoring should depend on the level of study risk, and should be based on 
p.000062:  considerations such as the study objectives, design (including patient population, intervention and study outcome 
p.000062:  measures), complexity, size and duration, and the experience of the investigators. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  26   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  Monitoring arrangements 
p.000062:  6.42       Mechanisms for meeting the monitoring goals outlined in paragraph 6.40 range from committees with 
p.000062:  responsibility for oversight to day-to-day monitoring of data on site. The study’s monitoring plan should state all 
p.000062:  appropriate monitoring arrangements. These will depend on the nature of the study. 
p.000062:   
p.000062:  6.43       Study monitoring arrangements may include one or more of the following. 
p.000062:   
p.000062:   
p.000062:  Trial oversight committees 
p.000062:   
p.000062:  6.44       Trial oversight committees may include one or more of: 
p.000062:  •    a trial steering committee (TSC), the role of which is to provide overall supervision of the trial and to ensure 
p.000062:  that it is being conducted in accordance with the principles of good clinical practice, and which may have members who 
p.000062:  are independent of the study investigators 
p.000062:  •    a trial management group (TMG) – every trial should have a TMG (although in small, simple studies this may 
p.000062:  comprise just the principal investigator), which is responsible for the day-to-day management of the trial, and often 
p.000062:  also includes the statistician, the trial coordinator, the data manager and the research nurse(s) 
p.000062:  •    a data monitoring committee (DMC), the purpose of which is to protect the safety of the study participants, the 
p.000062:  credibility of the study and the validity of the study results (Ellenberg et al 2003: 1), and which is generally an 
p.000062:  independent body, although in some circumstances it may be internal to the study, including representation from the TSC 
p.000062:  and/or the study sponsor (factors determining the need for an independent DMC are outlined in paragraphs 6.51–6.58 
p.000062:  below). 
p.000062:   
p.000062:   
p.000062:  A coordinating centre/database monitoring 
p.000062:   
p.000062:  6.45       A trial coordinating centre monitors data as they enter the database during the course of the trial. This 
p.000062:  monitoring includes: checking the data against the protocol and for internal logic; and checking eligibility, 
p.000062:  recruitment rates, withdrawals, missing data and loss to follow-up. This monitoring should be done for all trials to 
p.000062:  ensure integrity of study data. 
p.000062:   
p.000062:   
p.000062:  On-site monitoring 
p.000062:   
p.000062:  6.46       Monitors visit study sites to check adherence to study protocol and good clinical practice guidelines. This 
p.000062:  normally includes checking informed consent and eligibility, checking data on study case report forms against source 
p.000062:  data, and checking adverse event reporting. The appropriate extent of on-site monitoring depends on factors such as the 
p.000062:  degree of risk, the complexity of the study, blinding and the experience of sites (ICH 1996). 
p.000062:   
p.000062:   
p.000062:   
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     27 
p.000062:   
p.000062:  Data monitoring committee 
p.000062:  6.47       A DMC is an advisory body responsible for monitoring emerging safety and efficacy data, reviewing trial 
...
p.000062:  nature of the study. For some studies the investigator should inform professionals responsible for the health care of 
p.000062:  participants of their participation in a study, usually at the time of enrolment in the study, and provide information 
p.000062:  about the possible health implications of this involvement. For other studies, informing other health professionals is 
p.000062:  desirable, with the participant’s consent. There are also some studies (eg, where risk is minimal – see paragraph 4.13) 
p.000062:  for which it is not necessary to inform any other professional of the participant’s study participation. (See also 
p.000062:  paragraphs 6.5 and 7.9–7.11.) 
p.000062:   
p.000062:  6.69       Participants (and their main care provider) must be informed of any clinically significant abnormal 
p.000062:  laboratory results or clinical observations that develop or are detected during the course of a study. Appropriate 
p.000062:  follow-up must be arranged. 
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  32   Ethical Guidelines for Intervention Studies 
p.000062:   
p.000062:  6.70       Where participants are found through the conduct of a study to have a previously undetected health care need 
p.000062:  that is not directly related to the study, arrangements should be made for them to receive that care. Investigators and 
p.000062:  study sponsors have a responsibility to take all reasonable steps to ensure that appropriate care is provided. 
p.000062:   
p.000062:  6.71       If it is reasonably foreseeable that health problems previously unknown to the individual participant could 
p.000062:  be identified during the study process, then arrangements for referral, with the individual’s consent, should be made. 
p.000062:   
p.000062:   
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:   
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p.000062:   
p.000062:   
p.000062:   
p.000062:   
p.000062:  Ethical Guidelines for Intervention Studies     33 
p.000062:   
p.000062:  7      Confidentiality, disclosure and publication of results 
p.000062:  7.1         The information collected or determined by a study must be used in a way that does not disadvantage any 
p.000062:  participant. 
p.000062:   
p.000062:  7.2         Investigators should make arrangements for protecting the confidentiality of study data. The data can be 
p.000062:  identified, potentially identifiable, partially de-identified, de-identified or anonymous. These terms are defined 
p.000062:  below. 
p.000062:  •    Identified data: Identified data allow a specific individual to be identified. Identifiers may include the 
p.000062:  individual’s name, date of birth or address. In particularly small sets of data even information such as a postcode may 
p.000062:  be an identifier. 
p.000062:  •    Potentially identifiable (key-coded, re-identifiable) data: Key coding is the technique of separating personally 
p.000062:  identified data from substantive data, maintaining a potential link by assigning an arbitrary code number to each 
p.000062:  data-identifier pair before splitting them. Held securely and separately, the key allows the re-associating of the 
...
Appendix
Indicator List
| Indicator | Vulnerability | 
| HIV | HIV/AIDS | 
| abuse | Victim of Abuse | 
| access | Access to Social Goods | 
| access to information | Access to information | 
| age | Age | 
| authority | Relationship to Authority | 
| autonomy | Impaired Autonomy | 
| belief | Religion | 
| blind | visual impairment | 
| blinded | visual impairment | 
| child | Child | 
| children | Child | 
| cioms | cioms guidelines | 
| coerced | Presence of Coercion | 
| cognitive | Cognitive Impairment | 
| control group | participants in a control group | 
| criminal | criminal | 
| culturally | cultural difference | 
| dependent | Dependent | 
| diminished | Diminished Autonomy | 
| disability | Mentally Disabled | 
| drug | Drug Usage | 
| education | education | 
| educational | education | 
| elderly | Elderly | 
| emergency | Public Emergency | 
| emergency situation | patients in emergency situations | 
| employees | employees | 
| ethnicity | Ethnicity | 
| family | Motherhood/Family | 
| gender | gender | 
| healthy volunteers | Healthy People | 
| helsinki | declaration of helsinki | 
| home | Property Ownership | 
| ill | ill | 
| illegal | Illegal Activity | 
| illness | Physically Disabled | 
| impaired | Cognitive Impairment | 
| impairment | Cognitive Impairment | 
| incapable | Mentally Incapacitated | 
| incapacity | Incapacitated | 
| indigenous | Indigenous | 
| influence | Drug Usage | 
| job | Occupation | 
| language | Linguistic Proficiency | 
| minor | Youth/Minors | 
| opinion | philosophical differences/differences of opinion | 
| parent | parents | 
| parents | parents | 
| party | political affiliation | 
| physically | Physically Disabled | 
| placebo | participants in a control group | 
| prison | Incarcerated | 
| prisoners | Criminal Convictions | 
| property | Property Ownership | 
| religion | Religion | 
| restricted | Incarcerated | 
| single | Marital Status | 
| student | Student | 
| substance | Drug Usage | 
| terminal | Terminally Ill | 
| terminally | Terminally Ill | 
| trauma | Victim of Abuse | 
| unconscious | Unconscious People | 
| unconscious people | Unconscious People | 
| undue influence | Undue Influence | 
| volunteers | Healthy People | 
| vulnerability | vulnerable | 
| vulnerable | vulnerable | 
| youth | Youth/Minors | 
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers | 
| abuse | ['trauma'] | 
| belief | ['religion'] | 
| blind | ['blinded'] | 
| blinded | ['blind'] | 
| child | ['children'] | 
| children | ['child'] | 
| cognitive | ['impaired', 'impairment'] | 
| control group | ['placebo'] | 
| drug | ['influence', 'substance'] | 
| education | ['educational'] | 
| educational | ['education'] | 
| healthy volunteers | ['volunteers'] | 
| home | ['property'] | 
| illness | ['physically'] | 
| impaired | ['cognitive', 'impairment'] | 
| impairment | ['cognitive', 'impaired'] | 
| influence | ['drug', 'substance'] | 
| minor | ['youth'] | 
| parent | ['parents'] | 
| parents | ['parent'] | 
| physically | ['illness'] | 
| placebo | ['controlXgroup'] | 
| prison | ['restricted'] | 
| property | ['home'] | 
| religion | ['belief'] | 
| restricted | ['prison'] | 
| substance | ['drug', 'influence'] | 
| terminal | ['terminally'] | 
| terminally | ['terminal'] | 
| trauma | ['abuse'] | 
| unconscious | ['unconsciousXpeople'] | 
| unconscious people | ['unconscious'] | 
| volunteers | ['healthyXvolunteers'] | 
| vulnerability | ['vulnerable'] | 
| vulnerable | ['vulnerability'] | 
| youth | ['minor'] | 
Trigger Words
capacity
coercion
consent
cultural
developing
ethics
exploit
harm
justice
protect
protection
risk
self-determination
sensitive
volunteer
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input