79C3C34C52B45572883A05D425EB0F82
Ethical Guidelines for InterventionStudies (2012)
https://www.moh.govt.nz/notebook/nbbooks.nsf/0/A1E97A72A3AC8BC3CC257A60000B1D3B/$file/ethical-guidelines-for-intervention-studies-2012v2.pdf
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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
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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:
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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:
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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:
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p.000062:
p.000062:
p.000062: 50 Ethical Guidelines for Intervention Studies
p.000062:
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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:
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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
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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
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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:
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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:
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p.000062:
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p.000062:
p.000062:
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p.000062:
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p.000062:
p.000062:
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p.000062:
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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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Searching for indicator vulnerability:
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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:
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p.000062:
p.000062:
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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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Health / Cognitive Impairment
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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:
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p.000062:
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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:
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p.000062:
p.000062:
p.000062:
p.000062:
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p.000062:
p.000062:
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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:
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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:
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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:
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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
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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.
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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:
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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
...
Searching for indicator influence:
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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
...
Searching for indicator substance:
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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
...
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.
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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:
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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: Ethical Guidelines for Intervention Studies: Revised edition
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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:
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p.000003:
p.000003: Ethical Guidelines for Intervention Studies iii
p.000003:
p.000003: Foreword to the 2009 edition
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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
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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:
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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).
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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.
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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.
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p.000062: Core features of the peer review process
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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.
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p.000062: 48 Ethical Guidelines for Intervention Studies
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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.
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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.
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p.000062: 50 Ethical Guidelines for Intervention Studies
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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.
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p.000062: Ethical Guidelines for Intervention Studies 51
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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
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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.
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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?
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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.
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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.
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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
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Health / Motherhood/Family
Searching for indicator family:
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p.000062:
p.000062:
p.000062:
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p.000062:
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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
Searching for indicator illness:
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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
...
Searching for indicator physically:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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?
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p.000062: Ethical Guidelines for Intervention Studies 57
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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: 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.
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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: 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.
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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:
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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:
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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:
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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:
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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.
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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
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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:
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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: 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:
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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:
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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:
(return to top)
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
...
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:
p.000003:
p.000003:
p.000003:
...
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:
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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
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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
...
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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
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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:
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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
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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
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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:
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p.000062: Ethical Guidelines for Intervention Studies 49
p.000062:
p.000062: Capacity to give informed consent
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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.
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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:
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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.
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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:
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p.000062: 24 Ethical Guidelines for Intervention Studies
p.000062:
p.000062: Study conduct
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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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(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: 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:
(return to top)
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:
(return to top)
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:
(return to top)
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:
(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: 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:
(return to top)
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:
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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:
(return to top)
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:
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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.
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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:
p.000062:
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p.000062:
...
General/Other / participants in a control group
Searching for indicator control group:
(return to top)
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).
...
Searching for indicator placebo:
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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.
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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
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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).
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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.
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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.)
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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.
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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
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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:
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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
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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.
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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.
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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.
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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.
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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
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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.
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p.000062: 18 Ethical Guidelines for Intervention Studies
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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.
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p.000062: Ethical Guidelines for Intervention Studies 19
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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
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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:
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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
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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:
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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:
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: 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.
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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