Human Research Protections News Brief SPRING 2011 The Informed Consent Process—Reminders and Updates Inside this issue: Key Features of Informed Consent The requirement to obtain the legally effective informed consent of individuals before involving them in research is one of the central protections provided for under the HHS regulations at 45 CFR part 46. The Informed 1 Consent Process– The informed consent process involves three key features: (1) disclosing to potential research subjects information needed to make an informed decision; Reminders and (2) facilitating the understanding of what has been disclosed; and Updates (3) promoting the voluntariness of the decision about whether or not to participate in the research. Informed consent must be legally effective and prospectively obtained. Good Practices with the Consent Process When a Witness to the Consent Process 2 is Required Informed consent involves an education and information exchange that takes place between the researcher and the potential subject. The Investigator should not only field questions, but also ask questions to assess comprehension (e.g. “Can you explain the purpose of this research study?”) What is a “CIP”? Obtaining a signature on a consent form does not complete the consent process. Maintaining informed consent requires that subjects be provided with any new information that arises during the course of the study (such as changes to the research plan, change in risk/benefit profile, the results of related research, etc.) 3 that may affect a subject’s decision whether or not to continue participation in the study. Updated Consent Templates Are Available Updated consent templates are available on the Applications & Forms page under IRB Consent Forms. Be sure to use the most recent version of the consent template. Consenting Non-English Speaking Subjects AAHRPP Site Visit Scheduled! 3 The medical and technical information discussed during the initial consent discussion, as well as ongoing, study-related information, can be very complex and should be communicated to non-English speaking-subjects through an interpreter with training and understanding in medical terminology. HRP Staff Updated/New Foreign Language Translations Contact Information AND Education & Reminders As part of each consent discussion, investigators have an ethical and legal obligation to assess the subject's understanding of the consent information to ensure that the consent is truly "informed." When the investigator and subject do not share a language, the investigator must depend on the accuracy of the translated consent documents and the working relationship with the medical interpreter. 4 Updated/new foreign language translations have been obtained for the following IRB forms: Experimental Subjects Bill of Rights, Short Forms, HIPAA Research Authorization for Release of PHI, and Self Certification of Surrogate Decision Makers for Research Studies. Additional languages have been added and IRB contact information has been updated. Visit Applications and Forms under the IRB Forms - Translated into Foreign Languages section. Page 2 When a Witness Signature is Required The Protection of Human Subjects in Medical Experimentation Act requires that a witness be included in the informed consent process for medical experimentation studies. Per the California Health and Safety Code, the witness must attest that the requirements for consent to the medical experiment have been satisfied. Effective May 1, 2011, the researcher obtaining consent may serve the purpose of confirming that the requirements for consent to the medical experiment have been satisfied. An impartial witness is no longer required for research that involves medical experimentation. An Impartial Witness: An impartial witness signature is still required when consenting subjects who are unable to read and write (this includes subjects that are cognitively capable but cannot physically write due to disease or illness) and for studies where the IRB has approved the use of short form consent. The witness must be impartial, such as an adult who is not a member of the study team and who is not a family member of the subject. The witness must also sign and date the consent form attesting that the requirements for informed consent have been satisfied; that consent is voluntary and freely given by the subject, guardian, or surrogate, without any element of force, fraud, deceit, duress, coercion, or undue influence. For additional guidance, refer to the below chart. Witness to the Consent Process—Updated Practice Effective May 2011 Current Practice Per the California Health and Safety Code, a witness must attest that the requirements for consent to the medical experiment have been satisfied. The witness signature line is included in the consent form and is to be signed for research involving medical experimentation. Per Federal regulations, when using the IRB-approved foreign language Short Forms to consent non-English speaking subjects, an impartial witness to the oral presentation is required. New Practice UPDATED: We have updated our policy on this practice. The researcher obtaining consent may serve the purpose of confirming that the requirements for consent to the medical experiment have been satisfied. An additional impartial witness is not required. In order to take advantage of this new policy, the revised Consent template that specifies the conditions when an impartial witness is required. Use of an existing IRB approved consent form still requires an impartial witness signature. No changes to current practice. Consent template updated to specify under what conditions an impartial witness is required. An impartial witness is required when the subject or the subject’s guardian or legally authorized rep. (LAR) has decision making capacity, but cannot read, write or speak. Remember, this includes those subjects that are cognitively capable but cannot physically write due to disease or illness (e.g. ALS, MS, etc.). No changes to current practice. An impartial witness is required when the subject or the subject’s guardian or legally authorized rep (LAR) has decision making capacity and is blind. No changes to current practice. When the IRB mandates that a witness be used in the consent process No changes to current practice. Consent and Assent forms updated to specify under what conditions an impartial witness is required. Consent and Assent forms updated to specify under what conditions an impartial witness is required. Consent and Assent forms updated to specify under what conditions an impartial witness is required. SPRING 2011 Page 3 What is a Certified IRB Professional (CIP)? The CIP® program was created in 1999 after many years of discussion and planning by organizational members and leaders in the field of human research protections. The program was the result of a broadly based, grassroots effort by IRB professionals and policy makers who are committed to improving the quality of human research protection programs (HRPPs). Over 1,300 individuals have become certified and are now entitled to use the designation of CIP. The program is overseen by the Council for Certification of IRB Professionals (CCIP). Since its inception, the CCIP’s mission has been to develop a certification program that will be useful to all IRB/HRPP professionals. The CIP is supported by Public Responsibility in Medicine and Research (PRIM&R), whose mission is to advance the highest ethical standards in the conduct of biomedical, social science, behavioral, and educational research. This certification program is for individuals whose primary job responsibilities include substantial participation in overseeing, administering or performing the daily activities of an IRB. Individuals involved in IRB activities who meet the eligibility requirements (a combination of education and related IRB experience) are eligible to take the examination. The CIP Credential… Promotes the ethical conduct of research by strengthening the professional administration of IRBs. Validates an individual’s professional experience and demonstrated mastery of the body of knowledge determined by national experts to be essential to competent IRB/HRPP administrative practices. Strengthens the quality of HRPPs by certifying a cadre of committed and educated individuals. All of the current UCI IRB Chairs, as well as many of the HRP Staff have completed the CIP credential as part of their ongoing commitment to the protection of human research subjects. A special note of congratulations to Theresa Sanchez, CIP, IRB Analyst—the most recent UCI HRP Staff to successfully complete the CIP certification! AAHRPP Reaccreditation Site Visit Scheduled! The Association for Accreditation of Human Research Protection Programs, Inc. (AAHRPP) has confirmed that they will conduct a site visit of UC Irvine’s HRPP June 13 – June 15, 2011. Interviewees have been chosen and we are working with them to prepare for the site visit. More specific information about the site visit will be shared with the research community as it becomes available. Also, the Office of Research will conduct education and outreach efforts to assure investigators, research coordinators, IRB members and staff understand their roles and responsibilities in UC Irvine’s HRPP. Stay tuned for more details! SPRING 2011 Page 4 HRP Staff Contact Information Institutional Review Board “A” Biomedical Matt Kinder, CIP Administrator 949-824-9819 mkinder@uci.edu Mihaela Nistor Senior Analyst 949-824-3711 Education & Reminders: IRB Team “D” Biomedical ICTS CLINICAL RESEARCH Expedited and Exempt Submissions ETHICS CONSULT SERVICE Jessica Sheldon, CIP Administrator 949-824-3831 jessica.sheldon@uci.edu OPEN POSITION Senior Analyst 949-824-5057 The ICTS clinical research ethics consult service (CRECS) was created to assist clinical investigators in working out experimental design problems when the nature of the subject population or the research situation pose ethical issues. Services provided by CRECS include: Project planning consultation Advice and information about critical ethical issues Joy Chu Analyst 949-824-6068 ————————————————— Institutional Review Board “B” Biomedical Valerie Sanchez, MA, CCRP Administrator 949-824-7109 valerie.ms@uci.edu Kin Hang Analyst 949-824-0665 ————————————————— Karen Allen, MA, CIP Director Human Research Protections 949-824-1558 karen.allen@uci.edu Beverley Esparza, CIP Assistant Director Human Research Protections Senior Analyst 949-824-5746 949-824-5622 besparza@uci.edu cheree.dubose@rgs.uci.edu Debbie Melamud, MPH Analyst 949-824-2125 tmsanche@uci.edu —————————————————— Institutional Review Board “C” Social - Behavioral Administrator Human Research Protections Human Research Protections U.S. Mail: Christine Hegel Cantarella, PhD University of California, Irvine Administrator 5171 California Ave., Suite 150 Alicia Asgari Senior Analyst Irvine, CA 92697-7600 The Office is Open: Monday—Friday 8am—5pm 949-824-7114 alicia.asgari@uci.edu Kaycie Craib An investigator seeking a consultation will engage in an informal discussion with a colleague who has experience in medical ethics issues in research. The consultant will provide a short written report to the investigator. These consultations are NOT mandatory - they are optional and purely advisory. Some examples of possible issues where a consultation may be useful include: When is it appropriate to include a placebo arm in a clinical trial? How does one structure a pilot clinical trial to avoid excessive risk? How do I structure an interventional clinical study that is designed to gather biological data, not to cure a disease? This service is not an alternative to the IRB. Similarly, the CRECS will not provide reviews of non-research situations that are better handled by the institutional Clinical Ethics Consult Service. CRECS consults may be self-referred or referred from the IRB, the ICTS Scientific Review Committee, or other UCI bodies. The CRECS is coordinated by Professor Emeritus Sidney Golub, significant experience with who has biomedical ethics. He is a member of the UCI IRB, General Email: IRB@research.uci.edu We’re on the Web!: Analyst http://www.research.uci.edu/ora/hrpp/ 949-824-6662 index.htm kcraib@uci.edu Education on research ethics issues debbie.melamud@uci.edu Office of Research 949-824-4779 regarding ethical problems raised in external or internal reviews kin.hang@uci.edu Cheree DuBose, CIP Theresa Sanchez, CIP S u g g e s t i o n s chairs the UCI Human Stem Cell Research Oversight on issues Committee, and has taught relating to ethics in biomedical research. Investigators interested in obtaining a consultation should email Dr. Golub at sgolub@uci.edu. SPRING 2011