Inclusion of older adults and reporting of consent processes in randomized controlled trials in the emergency department: A scoping review
Lauren T Southerland, Katherine K. Benson, Austin J. Schoeffler, Margaret A. Lashutka, Soo Borson, Jason J. Bischof
Journal of the American College of Emergency Physicians Open, May 2022
Open Access
Abstract
Objective
Conducting research in the emergency department (ED) is often complicated by patients’ acute and chronic illnesses, which can adversely affect cognition and subsequently capacity to consent for research, especially in older adults. Validated screening tools to assess capacity to consent for research exist, but neither the frequency of use nor which ones are used for ED research are known.
Methods
We conducted a scoping review using standard review techniques. Inclusion criteria included (1) randomized controlled trials (RCTs) from publication years 2014–2019 that (2) enrolled participants only in the ED, (3) included patients aged 65+ years, and (4) were fully published in English. Articles were sourced from Embase and screened using Covidence.
Results
From 3130 search results, 269 studies passed title/abstract and full text screening. Average of the mean or median ages was 55.7 years (SD 14.2). The mean number of study participants was 311.9 [range 8–10,807 participants]. A few (n = 13, 4.8%) waived or had exception from informed consent. Of the 256 studies requiring consent, a fourth (26.5%, n = 68) specifically excluded patients due to impaired capacity to consent. Only 11 (4.3%) documented a formal capacity screening tool and only 13 (5.1%) reported consent by legally authorized representative (LAR).
Conclusions
Most RCTs enrolling older adults in EDs did not report assessment of capacity to consent or use of LARs. This snapshot of informed consent procedures is potentially concerning and suggests that either research consent processes for older patients and/or reporting of consent processes require improvement.
Year: 2022
Developmental Stages and Patient Assent for Research Studies or Medical Treatment
Developmental Stages and Patient Assent for Research Studies or Medical Treatment
Rachel Y. Moo
American Academy of Pediatrics Journal Blogs, 17 August 2022
Excerpt
As a pediatrician and a clinical researcher, I am well aware of the requirements of when we need to obtain parental consent, and when a child needs to assent, meaning the child needs to agree.
In general, we talk about child assent for clinical studies, but there are times when medical treatment and enrollment in a clinical study are one and the same. For instance, most children with cancer are automatically enrolled in a clinical study, because we are still learning the best way to treat many of these cancers. And many children with cancer are alive today because of those before them who entered into these studies.
But what does it mean to get assent from a child?
This week, Pediatrics is early releasing a Pediatrics Perspectives by Gianna McMillan, a parent and bioethicist at Loyola Marymount University, entitled “The Parent’s Dilemma: Pediatric Assent in Research”.
Dr. McMillan helps us understand that assent means different things at different developmental stages. At some stages, the parent should make the decision, with or without the child’s input (again, depending on the child’s developmental stage). As the child becomes more developmentally mature, it may become appropriate for the child to make the decision, with parental agreement…
The Parent’s Dilemma: Pediatric Assent in Research
The Parent’s Dilemma: Pediatric Assent in Research
Gianna McMillan
Pediatrics Perspectives, 17 August 2022
Excerpt
Parents and their children rarely understand what it means “to consent” to participate in pediatric clinical research. This became clear during my 15 years as a patient advocate, when I facilitated hundreds of conversations about the implications of aggressive treatment of the very young and the existential crises faced by parents who made life-or death decisions for their children. In the United States, most children with cancer enter a clinical trial,1 and although parents understand enough of the scientific information to deliberate on the pros and cons of research, it is harder to grasp the subtleties of “consenting for” experimental studies, “giving permission to” the investigators, or “gaining assent from” the child. This lack of clarity leaves parents confused about the ethical weight and propriety of their decisions or unaware of any ethical significance at all…
Understanding the Effectiveness of Consent Processes and Conversations in Pediatric Surgery: A Systematic-Scoping Review
Understanding the Effectiveness of Consent Processes and Conversations in Pediatric Surgery: A Systematic-Scoping Review
Review Article
Zoe Atsaidis, Ryan Antel, Elena Guadagno, Jeffrey Wiseman, Dan Poenaru
Journal of Pediatric Surgery, 11 August 2022
Abstract
Background
The consent conversation in pediatric surgery is an essential part of pre-operative care which, when inadequate, can lead to significant adverse consequences for the child, parents, surgeon, other healthcare workers and the healthcare system. We reviewed the published literature on what key stakeholders perceive are the components of effective and ineffective consenting processes in pediatric surgery.
Methods
A medical librarian searched seven databases to retrieve articles looking at the informed consenting process in surgical care for the pediatric population. Two independent reviewers screened all publications and categorized them by stakeholder perspectives (patient/family, surgical team, other healthcare team, and hospital administration or policy maker). General study characteristics, interventions to improve consent and features of effective and ineffective consent conversations were extracted.
Results
5079 titles and abstracts were screened, resulting in 88 full-text studies and 43 articles included in the final review. Most publications (51%) discussed informed consent only from the patient/family perspective, while 21% added surgeon’s perspective. No study approached the consenting process from the perspective of all stakeholder groups. Effective consent components identified included use of multimedia, presence of multiple conversations prior to surgery, and individualized communication catered to unique family knowledge and needs. In contrast, ineffective conversations did not include a clear assessment of parental understanding, delivered too much information, and did not address parental anxiety.
Conclusions
The literature on the consenting process in pediatric surgery is narrow in stakeholder perspectives. Our findings highlight gaps in the literature and opportunities to improve the informed consent processes prior to pediatric surgery.
The Role of Formal Policy to Promote Informed Consent of Psychotropic Medications for Youth in Child Welfare Custody: A National Examination
The Role of Formal Policy to Promote Informed Consent of Psychotropic Medications for Youth in Child Welfare Custody: A National Examination
Original Article
Thomas I. Mackie, Ana J. Schaefer, John S. Palatucci, Laurel K. Leslie, Stephen Crystal, Michael Gusmano, Hannah E. Karpman
Administration and Policy in Mental Health and Mental Health Services Research, 6 August 2022
Open Access
Abstract
Active participation of youth and surrogate decision-makers in providing informed consent and assent for mental health treatment is critical. However, the procedural elements of an informed consent process, particularly for youth in child welfare custody, are not well defined. Given calls for psychotropic medication oversight for youth in child welfare custody, this study proposes a taxonomy for the procedural elements of informed consent policies based upon formal and informal child welfare policies and then examines whether enacted state formal policies across the United States endorsed these elements. A sequential multi-method study design included: (1) semi-structured interviews with key informants (n = 58) primarily from state child welfare agencies to identify a taxonomy of procedural elements for informed consent of psychotropic medications and then (2) a legislative review of the 50 states and D.C. to characterize whether formal policies endorsed each procedural element through February 2022. Key informants reported five procedural elements in policy, including how to: (1) gather social and medical history, (2) prescribe the medication, (3) authorize its use through consent and youth assent, (4) notify relevant stakeholders, and (5) routinely review the consenting decision. Twenty-three states endorsed relevant legislation; however, only two states specified all five procedural elements. Additionally, the content of a procedural element, when included, varied substantively across policies. Further research and expert consensus are needed to set best practices and guide policymakers in setting policies to advance transparency and accountability for informed consent of mental health treatment among youth in child welfare custody.
Ethical issues concerning the use of commercially available wearables in children: Informed consent, living in the spotlight, and the right to an open future
Ethical issues concerning the use of commercially available wearables in children: Informed consent, living in the spotlight, and the right to an open future
Andrie G. Panayiotou, Evangelos D. Protopapadakis
European Journal of Bioethics, July 2022; 13(25)
Open Access
Summary
Wearable and mobile technology has advanced in leaps and bounds in the last decade with technological advances creating a role from enhancing healthy living to monitoring and treating disease. However, the discussion about the ethical use of such commercial technology in the community, especially in minors, is lacking behind. In this paper, we first summarize the major ethical concerns that arise from the usage of commercially available wearable technology in children, with a focus on smart watches, highlighting issues around the consent process, mitigation of risk and potential confidentiality and privacy issues, as well as the potential for therapeutic misconceptions when used without medical advice. Then through a relevant thought experiment we move on to outline some further ethical concerns that are connected to the use of wearables by minors, to wit the issue of informed consent in the case of minors, forcing them to live in the spotlight, and compromising their right to an open future. We conclude with the view that mitigating potential pitfalls and enhancing the benefits of wearable technology especially for minors requires brave and comprehensive moral debates.
Consent forms: the participation of children in research
Consent forms: the participation of children in research
Research
Flavia Andrade Nunes Fialho, Ieda Maria Ávila Vargas Dias, Marisa Palacios de Almeida Rego
Revista Bioética, April – June 2022; 30(2)
Abstract
The Resolution 466/2012 of the National Council of Health establishes the term of assent as compulsory for research carried out with children. However, the resolution presents the definition of assent without specifying the terms necessary for the document. This gap makes current and pertinent the approach of this topic by this study, which aims to discuss the participation of children in research. The results present a theoretical framework from which we can reflect on the ethics of Research with children, considering their vulnerability, which can lead to irreparable situations. We conclude that the theme must remain in the academic and professional debates since, on top of being a dynamic reality, this population segment has many specificities.
Editor’s note: This abstract refers to the National Council of Health in Brazil.
Informed Consent in Medical Law in the Romanian Legal System: A Comparative Perspective
Informed Consent in Medical Law in the Romanian Legal System: A Comparative Perspective
Camelia Mihăilă
Journal of Intercultural Management and Ethics, 2022
Open Access
Abstract
This paper aims to analyse the principle of consent in the medical act from a comparative law perspective. While the introduction gives a brief presentation of the definition of consent from the perspective of legal doctrine, the content of the paper analyses some legislative landmarks in the Romanian legal system, as well as in the French and Spanish legal systems. Consent is one of the basic principles of modern medical bioethics and an essential element of the validity of the medical contract, ensuring respect for human dignity and protection of the patient’s bodily integrity. While Romanian law is based more on the idea of information, Spanish law analyses consent from the point of view of a personalist right, including it in the short list of personal rights enshrined in Law 1/1982 on the protection of honour, image and privacy. French law, on the other hand, has a long history of case law regulating consent in medical acts, with the Teysier and Mercier cases being worth mentioning.
Cameroon: New Law on Medical Research Involving the “Human Person” Adopted
Cameroon: New Law on Medical Research Involving the “Human Person” Adopted
Article
Nicolas Boring
The Global Legal Monitor, Library of Congress, 2022
Excerpt
On April 27, 2022, the Parliament of Cameroon adopted a law providing a new framework for medical research involving the “human person.” This law places a particular emphasis on the right to information and the free, informed, and written consent of the participants. It also provides guarantees regarding respect for privacy and confidentiality of personal data and respect for human integrity, dignity, and vulnerability…
Background to the Law
According to Cameroonian press reports, the new law was drafted in reaction to a scandal involving the trial of a preventive treatment for AIDS conducted in 2004 by the American NGO Family Health International on sex workers in Douala “in violation of [their] ethical and deontological rights.” The new law also represents a response to the recent proliferation in Cameroon of clinical trials of COVID-19 treatments conducted without rigorous controls.
Content of the Law
The newly enacted law delimits the scope of consent for medical research involving minors (articles 15 and 16), disabled persons (articles 17 and 18), and pregnant women (articles 19 and 20). It also provides a framework for medical research on in vivo fetuses and in vivo embryos (articles 19 to 22). Finally, the law addresses research conducted on stillborn children (articles 23 and 24) and on the dead (articles 27 and 28)…
Navigating accountability in humanitarian photography at sea: a snapshot of embedded photographer practices in obtaining informed consent during I/NGO search and rescue operations in the Mediterranean
Navigating accountability in humanitarian photography at sea: a snapshot of embedded photographer practices in obtaining informed consent during I/NGO search and rescue operations in the Mediterranean
Masters Thesis
Arran Smith
Uppsala University, 2022
Abstract
This thesis aims to contribute to ethical discussions on the production of photography in different humanitarian contexts, and in circumstances where it is facilitated by nongovernmental and international non-governmental organisations (I/NGOs). Humanitarian photography is often reproduced and circulated in various forms by different actors, highlighting the need for research on the actions, decisions, and interactions that influence how these images are produced. An extensive literature review captures the many ethical challenges surrounding humanitarian photography and provides an overview of related standards. A conceptual framework is then built around informed consent as an accountability mechanism, with consideration for certain relational and situational factors that influence the quality and effectiveness of the process of obtaining consent. Emphasising photographer and organisational accountability, an analysis of how photographers apply the concept of informed consent and its potential as an accountability mechanism is explored through the case study of embedded photographers in search and rescue (SAR) I/NGO operations in the Mediterranean Sea. Four semi-structured in-depth interviews were completed with photographers involved in SAR I/NGO missions in the Mediterranean from 2015 to 2021. The interviews suggest that a continuous and deliberate process of individual, organisational, and collaborative self-regulation unfolds throughout a mission, largely through verbal communication and body language, in an effort to obtain consent to take or use images of people who have been rescued. Use of formal means such as written consent forms are only rarely used. Photographs during the rescues were generally taken without prior consent, and photographers’ ability to obtain meaningful subsequent informed consent was easily compromised due to the unpredictable conditions during SAR operations and the variation across I/NGO-photographer partnerships. These findings support the need for further dialogue in this context to ensure that practices and processes related to the production of humanitarian photography, such as obtaining informed consent, are compatible with humanitarian principles, respect the rights and dignity of people affected by crisis, and foster greater accountability.