Bioethics and Research / Ethical Issues Related to Technology in the delivery of Healthcare NCM 67 BS Nursing 2A | MIDYEAR 2024 Introduction ● ● ● Bioethics ○ Field of study that examines the ethical issues arising from advances in biology and medicine. Research ○ Research within the realm of bioethics specifically focuses on investigating and addressing ethical dilemmas and questions that arise in biomedical and life sciences research. Research may explore issues such as: ○ Informed consent ○ Vulnerability ○ Privacy and Confidentiality ○ Research Integrity ○ Justice and Fairness ○ Emerging Technologies The Nuremberg Code ● ● ● ● Set of ethical principles for human experimentation that resulted from the Nuremberg trials held after World War 2. Most important document in the history of the ethics of medical research. Formulated 50 years ago in August 1947, in Nuremberg, Germany. Purpose ○ Blueprint for today’s principles that ensure the rights of subjects in medical research. Key Principles of the Nuremberg Code ● Voluntary consent ● Beneficence ● Avoidance of unnecessary suffering ● No anticipation of results ● Qualified experts Declaration of Helsinki ● ● ● ● ● ● ● ● ● ● Statement outlining the ethical principles for medical research. Adopted in June 1964 and underent 6 revisions and 2 clarifications. First significant effort by the Medical community to regulate research. Before the Nuremberg Code, only specific countries had National Policies. Forms the basis of most subsequent documents. Developed by the World Medical Association for medical community-human experimentation. Followed the Nuremberg Code Cornerstone of document of human research ethics. Included Within Clinical trial protocols. After the thalidomide scandal, which left 2,000 children dead and 10,000 children disabled, they decided to take action and make regulatory arrangements to oversee the testing of new medicines. Guiding Principles of the Declaration of Helsinki ● Protecting Patient Health ○ Emphasizes “the health of my patient will be my first consideration”. ○ Medical research should prioritize promoting the health and well-being of patients involved. ● Knowledge Cannot Trample Rights ○ The goal of gaining knowledge can never take precedence over the rights and interests of individual research subjects. 1 Bioethics and Research / Ethical Issues Related to Technology in the delivery of Healthcare NCM 67 BS Nursing 2A | MIDYEAR 2024 ○ ● ● ● ● Must protect: life, health, dignity, integrity, autonomy, privacy, and confidentiality of personal information Consideration of Risks, Burdens, and Benefits ○ Medical research must only be conducted if the importance of the findings outweighs the risks and burdens to the research subjects. Protection of Vulnerable Groups and Individuals ○ Special protections must be implemented to protect vulnerable individuals and groups. ○ These groups include: ■ Children ■ People who are incarcerated ■ People with intellectual or physical disabilities ■ Racial or ethnic minorities who may face systemic injustice Focus on Ethics ○ The basis for medical research must rest in sound scientific inquiry. ○ Study design must be clearly described and justified in the research protocol. ○ Researchers need to disclose: ■ Funding sources ■ Sponsors institutional affiliations ■ Potential conflicts of interest ■ Incentives for subjects ■ Compensation for harm Protection of Privacy and Confidentiality ○ ● ● ● ● ● Personal information must be kept confidential and the privacy of participating research subjects must be protected. Allowance of informed consent ○ Always obtain informed consent and that participation in medical research should be voluntary. ○ Information should be disclosed to the participants. ○ Research subjects have the right to withdraw consent at any time without reprisal. Use of Placebo ○ The use of placebo should happen when there are no proven interventions that exist or if there is a compelling reason to determine the efficacy or safety of the intervention and it’s determined that there is no additional risk to not receiving treatment. Post-Trial Provisions ○ If an intervention is identified as beneficial within a trial, provision for post-trial access for all participants should be offered. Dissemination of Research ○ All studies involving human subjects should be registered in a publicly accessible database. Guidelines for Unproven Interventions ○ When a proven intervention does not exist, a physician may use an unproven intervention after appropriate considerations. 2 Bioethics and Research / Ethical Issues Related to Technology in the delivery of Healthcare NCM 67 BS Nursing 2A | MIDYEAR 2024 Belmont Report ● ● ● A statement of basic ethical principles and guidelines that should assist in resolving the ethical problems that surround the conduct of research with human subjects. Result of an intensive 4-day discussion period that was held in February 1976 at the Smithsonian Institution’s Belmont Conference Center. According to the National Commission, it provides an analytical framework to guide the resolution of the ethical problems arising from research with human subjects. Framework of the Belmont Report Boundaries between Practice and Research ○ Practice: accepted medical and behavioral practice. This aims to solely to improve individual patient well-being with established therapies that have a reasonable expectation of success. ■ Outcome: reasonable expectation of success ○ Research: involves testing hypotheses, drawing conclusions, and contributing to generalizable knowledge. ■ Outcome: permits conclusion to be drawn. ● Basic Ethical Principles ○ Respect for persons: autonomy. ○ Beneficence: do no harm; maximize benefits/minimize risks; not an act of kindness ● ○ ○ or charity, but a concrete obligation. Justice: treat people fairly; do not exploit those who are readily available or malleable; fair distributiom of risks and the benefits of research based upon the problem. Application: apply the concept of ‘respect for persons’, ‘beneficence’ and ‘justice’. National Research Act (1974) ● ● ● Passed because of the publicity of the Tuskegee syphilis study. This act created the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. National Commission ○ To identify the basic ethical principles that should underlie the conduct of biomedical and behavioral research involving human participants and to develop guidelines which should be followed to assure that such research is conducted in accordance with those principles. Ethical Issues relate to Technology in the Delivery of Healthcare ● ● Republic Act No. 10173 ○ “Data Privacy Act of 2012” ○ A law that seeks to protect all forms of information, be it private, personal, or sensitive. ○ Protect the fundamental right to privacy of communication while ensuring free flow to promote innovation and growth. National Privacy Commission 3 Bioethics and Research / Ethical Issues Related to Technology in the delivery of Healthcare NCM 67 BS Nursing 2A | MIDYEAR 2024 ○ ● ● ● ● The ones in charge to make sure each person’s privacy will be protected. Personal Information ○ Set of information that identifies the person. ○ Personal information may be processed, provided that the requirements of the Data Privacy Act are complied with. Sensitive Personal Information ○ Person’s race, ethnic origin, marital status, age, color, religious, philosophical, and political affiliations. Section 3 of RA 10173 ○ “Personal Information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, of when put together with other information would directly and certainly identify an individual”. Exceptions to the Application of DPA ○ Person who is or was an officer or an employee of a government institution. ○ Information about an individual who is or was performing service under contract for a government institution. ○ Information related to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual. ○ Personal information processed for journalistic, ● artistic, literary, or research purposes ○ Information necessary for banks and other financial institutions. ○ Personal information originally collected from residents of foreign jurisdictions. RA 10173 applies to: ○ If the person or institution involved in the processing of personal data is located in the Philippines. ○ The act or practice involves personal data of a Philippine citizen or Philippine resident. ○ The processing of personal data is done in the Philippines. ○ The act, practice or processing of personal data is done by an entity with links to the Philippines, subject to international law and comity. 4