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Bauman LJ, Mellins CA, Klitzman R. Whether to Waive Parental Permission in HIV Prevention Research Among Adolescents: Ethical and Legal Considerations. THE JOURNAL OF LAW, MEDICINE & ETHICS : A JOURNAL OF THE AMERICAN SOCIETY OF LAW, MEDICINE & ETHICS 2020; 48:188-201. [PMID: 32342775 PMCID: PMC8367279 DOI: 10.1177/1073110520917010] [Citation(s) in RCA: 8] [Impact Index Per Article: 2.0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/11/2023]
Abstract
Critical ethical questions arise concerning whether studies among adolescents of new behavioral and biomedical HIV preventive interventions such as Pre-Exposure Prophylaxis (PrEP) should obtain parental permission. This paper examines the relevant regulations and ethical guidance concerning waivers of parental permission, and arguments for and against such waivers. Opponents of such waivers may argue that adolescent decision-making is "too immature" and that parents always have rights to decide how to protect their children. Yet requiring parental permission may put adolescents at risk, and/or limit adolescent participation, jeopardizing study findings' validity. This paper presents recommendations on when researchers and Institutional Review Boards (IRB) should waive parental permission, and what special protections should be adopted for adolescents who consent for themselves, e.g., assuring adolescent privacy and confidentiality, screening for capacity to consent, and identifying adolescents who are at elevated risk from study participation. We also present a series of specific areas for future research to design tools to help make these assessments, and to inform researcher and IRB decisions. These recommendations can help ensure that research is conducted that can aid adolescents at risk for HIV, while minimizing risks and protecting these individuals' rights as much as possible.
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Affiliation(s)
- Laurie J Bauman
- Laurie J. Bauman, Ph.D., is Professor of Pediatrics and Psychiatry and Behavioral Sciences at the Albert Einstein College of Medicine, where she also serves as Director of the Preventive Intervention Research Center and of the Behavioral Science Core of the Einstein-Rockefeller-CUNY Center for AIDS Research. She is also Director of the Bio-Behavioral Core of the HIV Center for Clinical and Behavioral Studies. Her research addresses HIV prevention among adolescents, including behavioral interventions and adoption of PrEP. Claude Ann Mellins, Ph.D., is a clinical psychologist and Professor of Medical Psychology in Psychiatry and Sociomedical Sciences at the HIV Center for Clinical and Behavioral Studies at the New York State Psychiatric Institute and Columbia University. She is the co-director of the HIV Center with 28 years of clinical and research experience working globally with youth and families affected by HIV. Robert Klitzman, M.D., is a professor of psychiatry at the Vagelos College of Physicians and Surgeons and the Mailman School of Public Health, and the Director of the online and in-person Bioethics Masters and Certificate Programs at Columbia University. He has published over 150 scientific journal articles and nine books on ethical issues concerning HIV, genetics, research, and other areas
| | - Claude Ann Mellins
- Laurie J. Bauman, Ph.D., is Professor of Pediatrics and Psychiatry and Behavioral Sciences at the Albert Einstein College of Medicine, where she also serves as Director of the Preventive Intervention Research Center and of the Behavioral Science Core of the Einstein-Rockefeller-CUNY Center for AIDS Research. She is also Director of the Bio-Behavioral Core of the HIV Center for Clinical and Behavioral Studies. Her research addresses HIV prevention among adolescents, including behavioral interventions and adoption of PrEP. Claude Ann Mellins, Ph.D., is a clinical psychologist and Professor of Medical Psychology in Psychiatry and Sociomedical Sciences at the HIV Center for Clinical and Behavioral Studies at the New York State Psychiatric Institute and Columbia University. She is the co-director of the HIV Center with 28 years of clinical and research experience working globally with youth and families affected by HIV. Robert Klitzman, M.D., is a professor of psychiatry at the Vagelos College of Physicians and Surgeons and the Mailman School of Public Health, and the Director of the online and in-person Bioethics Masters and Certificate Programs at Columbia University. He has published over 150 scientific journal articles and nine books on ethical issues concerning HIV, genetics, research, and other areas
| | - Robert Klitzman
- Laurie J. Bauman, Ph.D., is Professor of Pediatrics and Psychiatry and Behavioral Sciences at the Albert Einstein College of Medicine, where she also serves as Director of the Preventive Intervention Research Center and of the Behavioral Science Core of the Einstein-Rockefeller-CUNY Center for AIDS Research. She is also Director of the Bio-Behavioral Core of the HIV Center for Clinical and Behavioral Studies. Her research addresses HIV prevention among adolescents, including behavioral interventions and adoption of PrEP. Claude Ann Mellins, Ph.D., is a clinical psychologist and Professor of Medical Psychology in Psychiatry and Sociomedical Sciences at the HIV Center for Clinical and Behavioral Studies at the New York State Psychiatric Institute and Columbia University. She is the co-director of the HIV Center with 28 years of clinical and research experience working globally with youth and families affected by HIV. Robert Klitzman, M.D., is a professor of psychiatry at the Vagelos College of Physicians and Surgeons and the Mailman School of Public Health, and the Director of the online and in-person Bioethics Masters and Certificate Programs at Columbia University. He has published over 150 scientific journal articles and nine books on ethical issues concerning HIV, genetics, research, and other areas
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Grady C, Wiener L, Abdoler E, Trauernicht E, Zadeh S, Diekema DS, Wilfond BS, Wendler D. Assent in research: the voices of adolescents. J Adolesc Health 2014; 54:515-20. [PMID: 24630932 PMCID: PMC4047975 DOI: 10.1016/j.jadohealth.2014.02.005] [Citation(s) in RCA: 33] [Impact Index Per Article: 3.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Submit a Manuscript] [Subscribe] [Scholar Register] [Received: 10/15/2013] [Revised: 02/07/2014] [Accepted: 02/07/2014] [Indexed: 11/26/2022]
Abstract
PURPOSE Adolescents join clinical research after investigators obtain their positive agreement or "assent." Although intended to respect adolescents, little is known about the views of adolescents or their parents regarding assent or research enrollment decisions. This study aimed to better understand perspectives of adolescent research participants and their parents about assent and parental permission. METHODS Structured interviews were conducted with 13- through 17-year-old teens, enrolled in clinical research at the National Institutes of Health or Seattle Children's Hospital, and separately with one parent. RESULTS One hundred and seventy-seven adolescent-parent pairs were interviewed. Teens were well distributed by age and gender, represented a wide variety of research and illnesses ranging in severity from mild to life threatening; 20% were healthy volunteers. Teens and parents were generally satisfied with the assent/permission process. Normally, they made the enrollment decision together and teens wanted parents' input and support. About 25% of teens reported pressure to enroll, not only from parents or relatives but also from doctors/nurses/research teams. Only 2% of teens preferred not to sign a consent form. CONCLUSIONS Despite some differing views about how decisions should be made, the current assent/permission process is perceived as satisfactorily respectful by most teens in research. Many teens want to sign consent forms, and teens' signatures should generally be sought. Flexible guidance allows research teams and Institutional Review Boards to customize the assent process for teens in particular studies in order to facilitate an appropriate balance between giving teens a voice reflective of their emerging independence and enabling supportive collaboration with parents.
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Affiliation(s)
- Christine Grady
- Department of Bioethics, NIH Clinical Center, Bethesda, Maryland.
| | - Lori Wiener
- Pediatric Oncology Branch, National Cancer Institute
| | - Emily Abdoler
- Formerly at the Department of Bioethics, NIH Clinical Center, currently University of California San Francisco
| | - Emily Trauernicht
- Formerly summer student, Department of Bioethics, Currently at University of Virginia Medical School
| | - Sima Zadeh
- Pediatric Oncology Branch, National Cancer Institute
| | - Douglas S. Diekema
- Treuman Katz Center for Pediatric Bioethics, Seattle Childrens Research Institute
| | - Benjamin S. Wilfond
- Treuman Katz Center for Pediatric Bioethics, Seattle Childrens Research Institute
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Jelsma J, Burgess T, Henley L. Does the requirement of getting active consent from parents in school-based research result in a biased sample? An empirical study. J Empir Res Hum Res Ethics 2013; 7:56-62. [PMID: 23324204 DOI: 10.1525/jer.2012.7.5.56] [Citation(s) in RCA: 10] [Impact Index Per Article: 0.9] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/17/2022]
Abstract
Active parental consent is a requirement that may threaten the validity of including minors in research. This study investigated possible sources of bias between the responses of children whose parents actively consented to their participation in a school-based survey and those of children whose parents were nonresponders. Due to a serious administrative error in a study to examine health-related quality of life (HRQoL), all 514 eligible schoolchildren were tested, although only 177 parents signed consent. After deliberation, the relevant human research ethics committee gave permission to include all results in the analysis. The HRQoL was not different between the groups. Male children returned significantly fewer consent forms (p=.026). More of the nonresponding group reported that their parents "Never had enough time for them" (p=.023). The high nonresponse rate and associations between response and parental interest and gender indicate that some bias may be introduced through the need for active consent, but overall there were no differences in responses to the quality of life questionnaire.
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Affiliation(s)
- Jennifer Jelsma
- Department of Health and Rehabilitation Sciences, University of Cape Town, Anzio Road, Observatory, Cape Town 7925, SouthAfrica.
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Yonas MA, Burke JG, Miller E. Visual voices: a participatory method for engaging adolescents in research and knowledge transfer. Clin Transl Sci 2013; 6:72-7. [PMID: 23399093 PMCID: PMC3575688 DOI: 10.1111/cts.12028] [Citation(s) in RCA: 9] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/30/2022] Open
Abstract
Integrating the expertise and perspectives of adolescents in the process of generating and translating research knowledge into practice is often missed, yet is essential for designing and implementing programs to promote adolescent health. This paper describes the use of the arts-based participatory Visual Voices method in translational research. Visual Voices involves systematic creative writing, drawing, and painting activities to yield culturally relevant information which is generated by and examined with adolescents. Qualitative data products include the created artistic products and transcripts from group discussions of the content developed and presented. Data are analyzed and compared across traditional (e.g., transcripts) and nontraditional (e.g., drawings and paintings) media. Findings are reviewed and interpreted with participants and shared publicly to stimulate community discussions and local policy and practice changes. Visual Voices is a novel method for involving adolescents in translational research though Integrated Knowledge Transfer (IKT), a process for bringing researchers and stakeholders together from the stage of idea generation to implementing evidence-based initiatives.
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Affiliation(s)
- Michael A Yonas
- Department of Family Medicine, University of Pittsburgh, Pittsburgh, PA, USA.
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Zuch M, Mason-Jones AJ, Mathews C, Henley L. Changes to the law on consent in South Africa: implications for school-based adolescent sexual and reproductive health research. BMC INTERNATIONAL HEALTH AND HUMAN RIGHTS 2012; 12:3. [PMID: 22490444 PMCID: PMC3353180 DOI: 10.1186/1472-698x-12-3] [Citation(s) in RCA: 21] [Impact Index Per Article: 1.8] [Reference Citation Analysis] [Abstract] [Track Full Text] [Download PDF] [Subscribe] [Scholar Register] [Received: 05/03/2011] [Accepted: 04/10/2012] [Indexed: 11/10/2022]
Abstract
BACKGROUND The National Health Act, No 61, 2003 in South Africa is the first effort made by the government to protect health-related research participants under law. Implemented on March 1, 2012, the law mandates active consent from a parent or legal guardian for all research conducted with research participants under the age of 18 years. This paper focuses on the Act's implications for school-based adolescent sexual and reproductive health research. DISCUSSION Although well intentioned, the added legal protections in the National Health Act may have the unintended consequence of reducing participation rates in school-based adolescent sexual and reproductive health research, thereby excluding the most at-risk students. The Act may also compromise adolescents' right to dignity and privacy, especially considering the personal nature of research on sex and sexuality. Devolved, discretionary decision-making, which empowers local human research ethics committees to permit a wider range of protective measures, including passive consent, independent adolescent consent or community consultation ought to be considered. The continued and direct involvement of young people in their sexual and reproductive health and well-being is an important principle to uphold. SUMMARY This paper calls for a re-examination of section 71's ethical guidelines relating to informed consent in the National Health Act, No 61, 2003 in South Africa in order to better serve the interests of South African adolescents in sexual and reproductive health research.
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Affiliation(s)
- Melanie Zuch
- Brown University, Medical Research Council, PO Box 19070, Cape Town, Tygerberg 7505, South Africa
| | - Amanda J Mason-Jones
- Adolescent Health Research Unit, University of Cape Town, Specialist Scientist, Health Systems Research Unit, Medical Research Council, PO Box 19070, Cape Town, Tygerberg 7505, South Africa
| | - Catherine Mathews
- School of Public Health and Family Medicine, University of Cape Town, Health Systems Research Unit, Medical Research Council, PO Box 19070, Cape Town, Tygerberg 7505, South Africa
| | - Lesley Henley
- School of Child and Adolescent Health, University of Cape Town, Cape Town, Rondebosch 7700, South Africa
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Levine RJ, Genel M, Cuttler L, Becker DJ, Nieman L, Rosenfield RL. Overcoming burdens in the regulation of clinical research in children. Proceedings of a consensus conference, in historical context. INTERNATIONAL JOURNAL OF PEDIATRIC ENDOCRINOLOGY 2011; 2011:19. [PMID: 22208165 PMCID: PMC3276425 DOI: 10.1186/1687-9856-2011-19] [Citation(s) in RCA: 4] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Figures] [Subscribe] [Scholar Register] [Received: 12/05/2011] [Accepted: 12/30/2011] [Indexed: 11/30/2022]
Abstract
BACKGROUND Many investigators are concerned that the modes of implementation and enforcement of the federal regulations designed to protect children are unduly impeding pediatric clinical research. OBJECTIVE To assess regulatory impediments to clinical research involving children and to develop recommendations to ameliorate them. PARTICIPANTS The Pediatric Endocrine Society and The Endocrine Society convened a consensus conference involving experts and stakeholders in patient-oriented research involving children and adolescents in 2008. CONSENSUS PROCESS Following presentations that reviewed problematic issues around key regulations, participants divided into working groups to develop potential solutions that could be adopted at local and federal levels. Presentations to the full assembly were then debated. A writing committee then drafted a summary of the discussions and main conclusions, placing them in historical context, and submitted it to all participants for comment with the aim of developing consensus. CONCLUSIONS Recommendations designed to facilitate the ethical conduct of research involving children addressed the interpretation of ambiguous regulatory terms such as "minimal risk" and "condition" and called for the development by professional societies of best practice primers for common research procedures that would be informative to both investigators and institutional review boards. A call was issued for improved guidance from the Office for Human Research Protections and Food and Drug Administration as well as for the development by professional societies of a process to monitor progress in improving human subject research regulation. Finally, a need for systematic research to define the nature and extent of institutional obstacles to pediatric research was recognized.
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Affiliation(s)
- Robert J Levine
- Interdisciplinary Center for Bioethics, Yale University, New Haven, CT 06520-8293, USA
| | - Myron Genel
- Yale Child Health Research Center, Department of Pediatrics, Yale University School of Medicine, New Haven, CT 06520-8081, USA
| | - Leona Cuttler
- The Center for Child Health and Policy, Case-Western Reserve University, Cleveland OH 44106, USA
| | - Dorothy J Becker
- University of Pittsburgh School of Medicine, Pittsburgh, PA 15224, USA
| | - Lynnette Nieman
- The Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), National Institutes of Health, Bethesda, MD 20892, USA
| | - Robert L Rosenfield
- The University of Chicago Pritzker School of Medicine, Chicago, IL 60637, USA
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Ott MA, Rosenberger JG, Fortenberry JD. Parental permission and perceived research benefits in adolescent STI research. J Empir Res Hum Res Ethics 2010; 5:57-64. [PMID: 20569150 PMCID: PMC3113634 DOI: 10.1525/jer.2010.5.2.57] [Citation(s) in RCA: 15] [Impact Index Per Article: 1.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/17/2022]
Abstract
An understanding of why parents provide consent for adolescent participation in research on sensitive topics can inform and improve the ethical conduct and review of such research. As part of a longitudinal study of sexually transmitted infections (STIs) in lower-income adolescents, we asked 134 parents why they permitted their daughter to participate, analyzing responses using qualitative methods. Over half described participation benefits, providing reasons such as the study being generally good for their daughters, sex education, someone to talk to, and STI testing. Other reasons included positive interactions and familiarity with research and clinical staff, friend or family member participation, and adolescent autonomy in making the decision to participate. If parents perceived their daughter to be "at risk" in some way, such as for STI or pregnancy, they were more likely to cite participation benefits. These data can be used to make such research more sensitive to family and community needs.
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Affiliation(s)
- Mary A Ott
- Section of Adolescent Medicine, Department of Pediatrics, Indiana University School of Medicine, 410 West 10th Street, HS 1001, Indianapolis, IN 46202, USA.
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