Informed Consent: A Monthly Review
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April 2024 :: Issue 64

This digest aggregates and distills key content addressing informed consent from a broad spectrum of peer-reviewed journals and grey literature, and from various practice domains and organization types including international agencies, INGOs, governments, academic and research institutions, consortiums and collaborations, foundations, and commercial organizations. We acknowledge that this scope yields an indicative and not an exhaustive digest product.

Informed Consent: A Monthly Review is a service of the Center for Informed Consent Integrity, a program of the GE2P2 Global Foundation. The Foundation is solely responsible for its content. Comments and suggestions should be directed to:

Editor
Paige Fitzsimmons, MA
Associate Director, Center for Informed Consent Integrity
GE2P2 Global Foundation
paige.fitzsimmons@ge2p2global.org

PDF Version: Center for Informed Consent Integrity – A Monthly Review_April 2024

Spotlight Articles

We recognize a growing literature which argues [in whole or in part] that norms requiring the individual, prior, free, express and informed consent of persons to be involved in research must accommodate notions which integrate terms such as ‘community-driven’, ‘decolonized’, or ‘culturally-appropriate’ and which insist that consent processes “prioritize local/indigenous values and protocols.” As an editorial policy, we have decided to group such literature together in this section of the digest.

More broadly, we recognize that this literature raises critically important issues around consent integrity. Our Center for Informed Consent Integrity is actively developing a position on this matter, mindful of core guidance in research involving human participants overall, and selected instruments such as the Universal Declaration on Bioethics and Human Rights [2005] which notes:

Article 12.  Respect for cultural diversity and pluralism

The importance of cultural diversity and pluralism should be given due regard. However, such considerations are not to be invoked to infringe upon human dignity, human rights and fundamental freedoms, nor upon the principles set out in this Declaration, nor to limit their scope.

We will keep readers advised of our progress. If you have an interest in participating in our working group, please contact Paige Fitzsimmons [paige.fitzsimmons@ge2p2global.org].

Balancing Ethics and Culture: A Scoping Review of Ethico-Cultural and Implementation Challenges of the Individual-Based Consent Model in African Research
Richard Appiah, Giuseppe Raviola, Benedict Weobong
Journal Of Empirical Research On Human Research Ethics, 18 March 2024
Abstract
Objective
This review explores the ethico-cultural and implementation challenges associated with the individual-based informed consent (IC) model in the relatively collectivistic African context and examines suggested approaches to manage them.
Methods
We searched four databases for peer-reviewed studies published in English between 2000 to 2023 that examined the ethico-cultural and implementation challenges associated with the IC model in Africa.
Results
Findings suggest that the individual-based IC model largely misaligns with certain African social values and ethos and subverts the authority and functions of community gatekeepers. Three recommendations were proffered to manage these challenges, that researchers should: adopt a multi-step approach to IC, conduct a rapid ethical assessment, and generate an African-centered IC model.
Conclusions
A pluriversal, context-specific, multi-step IC model that critically harmonizes the cultural values of the local population and the general principles of IC can minimize ethics dumping, safeguard the integrity of the research process, and promote respectful engagement.

Culturally Competent Respect For The Autonomy Of Muslim Patients: Fostering Patient Agency By Respecting Justice
Kriszta Sajber, Sarah Khaleefah
Theoretical Medicine and Bioethics, 7 February 2024
Abstract
Although Western biomedical ethics emphasizes respect for autonomy, the medical decision-making of Muslim patients interacting with Western healthcare systems is more likely to be motivated by relational ethical and religious commitments that reflect the ideals of equity, reciprocity, and justice. Based on an in-depth cross-cultural comparison of Islamic and Western systems of biomedical ethics and an assessment of conceptual alignments and differences, we argue that, when working with Muslim patients, an ethics of respect extends to facilitating decision-making grounded in the patient’s justice-related customs, beliefs, and obligations. We offer an overview of the philosophical contestations of autonomy-enhancing practices from the Islamic tradition of biomedical ethics, and examples that demonstrate a recommended shift of emphasis from an autonomy-centered to a justice-focused approach to culturally competent agency-promotion.

Human Whole-Eye Donation for Research—Optimizing Clinical Trial Informed Consent

Human Whole-Eye Donation for Research—Optimizing Clinical Trial Informed Consent
Special Communication
Katrina A. Bramstedt
JAMA Ophthalmology, 21 March 2024
Abstract
Importance
Posthumous whole-eye (globe) donations for research lack a mechanism that reinvolves the existing ophthalmic research team of the donor unless there is a preplanned donor directive. Disconnection between the deceased and their research team equates to lost opportunities for the research team to have a longitudinal view of the eyes that have been involved in their research.
Objectives
To use the clinical trial informed consent process to create a posthumous research donation opportunity that directs the donation to the currently affiliated research team of the donors (preserving the longitudinal research experience).
Evidence Reviewed
Current globe donation pathways were reviewed. Additionally, published advice from the fields of ophthalmology, brain banking, and implantable medical devices were used as reference points.
Findings
Globe donation represents a small but valuable type of ocular donation. Globe donation for research purposes is useful for investigators performing total human eye allotransplantation clinical trials, as well as for ophthalmic drug or device researchers. Results suggest that those performing invasive eye research should include the option of posthumous globe donation in their study protocols and informed consent forms to facilitate more opportunities for the generation of scientific knowledge.
Conclusions and Relevance
The longitudinal perspective can be valuable especially for eyes that have received long-term treatment with an investigational drug or device. This article poses a research-informed consent framework for posthumous globe donation.

Contraception Requirements in Clinical Research Consent Forms: Assessing and Supporting Gender Inclusive Practices

Contraception Requirements in Clinical Research Consent Forms: Assessing and Supporting Gender Inclusive Practices
Research Article
Tara Coffin, Erin Brower, Sharad Adekar
Journal of Empirical Research on Human Research Ethics, 11 March 2024
Abstract
Gender-diverse individuals are underserved in clinical research settings. Reliance on gendered language throughout the consent process for clinical research contributes to the marginalization of these populations. The research objective was to assess use of gender-inclusive language used to describe the contraception requirement in consent forms. We categorized and analyzed contraception language in 289 clinical trial consent forms using a deductive and summative content analysis approach. We found that 79% (n = 227) of consent forms contained gender-inclusive language, 80% (n = 231) used terms that fell under the biological sex language, and 91% (n = 264) used gendered language. No consent forms used exclusively gender-inclusive language and the majority 63% (n = 182) featuring a combination of all three language types. There were many consent forms which would have been entirely gender-inclusive language if section headings with references to biological-sex-specific contraceptives were excluded, suggesting that gender-inclusive language may be attainable with minor revisions.

Public perception of participation in low-risk clinical trials in critical care using waived consent: a Canadian national survey

Public perception of participation in low-risk clinical trials in critical care using waived consent: a Canadian national survey
Dawn Opgenorth, D’Arcy J. Duquette, Linda Tyre, Robyn Auld, Kim Crowder, Peggy Gilchrist, Paul J. Young, Sean M. Bagshaw
Canadian Journal of Anesthesia, 8 March 2024
Abstract
Purpose
The acceptability of waiver of consent for participation in clinical research in intensive care unit (ICU) settings is uncertain. We sought to survey the Canadian public to assess levels of support, comfort, and acceptability for waived consent for low-risk clinical trials.
Methods
We performed a prospective cross-sectional survey of the Canadian public aged 18 yr or older. The survey was conducted by Ipsos between 19 and 23 November 2020. The survey content was derived from a literature review and in consultation with a patient and family partnership committee. The survey focused on attitudes and beliefs on waived consent for participation in low-risk clinical trials in ICU settings. The survey contained 35 items focused on sociodemographics, general health status, participation in medical research, and levels of support and comfort with research and with waived consent. The survey used a case study of a low-risk clinical trial intervention in ICU patients. Analysis was descriptive.
Results
We included 2,000 participants, 38% of whom reported experience with ICU and 16% with medical research. Participation in medical research was more common among those with postsecondary education, those with chronic disease, and those who were employed in health care. Most (80%) would support a model of waived consent for low-risk clinical trials, citing medical benefits (36%) and low perceived risk (34%). Most (77%) were comfortable with personally participating in a low-risk clinical trial. Most (80%) believed waived consent approaches were acceptable. Half (52%) believed the waived consent process should provide information about the research and include the option of opting out. When asked whether participants should always give full informed consent, regardless of the practicality or level of risk, 74% and 72% agreed, respectively.
Conclusions
There is public support for models of waived consent for participation in low-risk pragmatic clinical trials in ICU settings in Canada; however, this is not universal. This information can inform and guide education, ethics, policy, and legal discussion on consent models.

Public support for and concerns regarding pediatric dose optimization for seizures in emergency medical services: An exception from informed consent (EFIC) trial

Public support for and concerns regarding pediatric dose optimization for seizures in emergency medical services: An exception from informed consent (EFIC) trial
Ward CE, Adelgais KM, Holsti M, Jacobsen KK, Simon HK, Morris CR, Gonzalez VM, Lerner G, Ghaffari K, VanBuren JM, Lerner EB, Shah MI
Academic Emergency Medicine, 7 March 2024
Abstract
Background
Federal regulations allow exception from informed consent (EFIC) to study emergent conditions when obtaining prospective consent is not feasible. Little is known about public views on including children in EFIC studies. The Pediatric Dose Optimization for Seizures in EMS (PediDOSE) trial implements age-based, standardized midazolam dosing for pediatric seizures. The primary objective of this study was to determine public support for and concerns about the PediDOSE EFIC trial. The secondary objective was to assess how support for PediDOSE varied by demographics.
Methods
We conducted a mixed-methods study in 20 U.S. communities. Participants reviewed information about PediDOSE before completing an online survey. Descriptive data were generated. Univariable and multivariable logistic regression analysis identified factors associated with support for PediDOSE. Reviewers identified themes from free-text response data regarding participant concerns.
Results
Of 2450 respondents, 79% were parents/guardians, and 20% had a child with previous seizures. A total of 96% of respondents supported PediDOSE being conducted, and 70% approved of children being enrolled without prior consent. Non-Hispanic Black respondents were less likely than non-Hispanic White respondents to support PediDOSE with an adjusted odds ratio (aOR) of 0.57 (95% CI 0.42-0.75). Health care providers were more likely to support PediDOSE, with strongest support among prehospital emergency medicine clinicians (aOR 5.82, 95% CI 3.19-10.62). Age, gender, parental status, and level of education were not associated with support of PediDOSE. Common concerns about PediDOSE included adverse effects, legal and ethical concerns about enrolling without consent, and potential racial bias.
Conclusions
In communities where this study will occur, most respondents supported PediDOSE being conducted with EFIC and most approved of children being enrolled without prior consent. Support was lowest among non-Hispanic Black respondents and highest among health care providers. Further research is needed to determine optimal ways to address the concerns of specific racial and ethnic groups when conducting EFIC trials.

Ethical Challenges with the Informed Consent Process in Pediatric Research Studies

Ethical Challenges with the Informed Consent Process in Pediatric Research Studies
Thabit S. Alotaibi
Medical Archives, 2024; 78(1) pp 65-67
Abstract
Background
Informed Consent (IC) is crucial in pediatric research, aligning with the National Research Act of 1974 and the Belmont Report’s principles. Current regulations, particularly 45 CFR 46, provide additional safeguards for children in research.
Objective
This article explores ethical challenges in pediatric research IC, drawing from PubMed literature and regulatory guidelines to understand historical context, legislative milestones, and contemporary issues.
Methods
A literature review, primarily sourced from PubMed, informed the examination of pediatric research and IC, referencing guidelines from the American Academy of Pediatrics and regulations from the FDA and HHS.
Results
The study underscores the need for increased pediatric research due to the prevalence of drugs studied on adults. Despite legislative efforts like the FDAMA and Pediatric Research Equity Act, ethical challenges persist in obtaining IC in pediatric studies.
Conclusion
Pediatric research necessitates nuanced IC approaches, involving parents, guardians, and children. Ethical challenges such as coercion and compensation require attention, with recommendations emphasizing guideline adherence and increased public engagement for trust-building and pediatric health advancement.

Shaping the future of AI in healthcare through ethics and governance

Shaping the future of AI in healthcare through ethics and governance
Rabaï Bouderhem
Humanities and Social Sciences Communications, 15 March 2024
Open Access
Abstract
The purpose of this research is to identify and evaluate the technical, ethical and regulatory challenges related to the use of Artificial Intelligence (AI) in healthcare. The potential applications of AI in healthcare seem limitless and vary in their nature and scope, ranging from privacy, research, informed consent, patient autonomy, accountability, health equity, fairness, AI-based diagnostic algorithms to care management through automation for specific manual activities to reduce paperwork and human error. The main challenges faced by states in regulating the use of AI in healthcare were identified, especially the legal voids and complexities for adequate regulation and better transparency. A few recommendations were made to protect health data, mitigate risks and regulate more efficiently the use of AI in healthcare through international cooperation and the adoption of harmonized standards under the World Health Organization (WHO) in line with its constitutional mandate to regulate digital and public health. European Union (EU) law can serve as a model and guidance for the WHO for a reform of the International Health Regulations (IHR).

Consent and Identifiability for Patient Images in Research, Education, and Image-Based Artificial Intelligence

Consent and Identifiability for Patient Images in Research, Education, and Image-Based Artificial Intelligence
Research Letter
Trina Salvador, Lilly Gu, Jennifer L. Hay, Nicholas R. Kurtansky, Ruth Masterson-Creber, Allan C. Halpern, Veronica Rotemberg
JAMA Dermatology, 13 March 2024
Abstract
Increasing use of imaging for research, education, and development of image-based artificial intelligence (AI) is parallel to increasing concerns about confidentiality and autonomy. Regulatory requirements for collecting and processing personal information vary geographically, but even the most stringent legal guidelines do not require informed consent for sharing of deidentified data. Despite widespread use of imaging in dermatology and portability of digital image formats that enable both rapid intentional and inadvertent image sharing, information about attitudes and preferences on consent and identifiability are limited. Consequently, processes for obtaining informed consent are not standardized across clinical practices and research journals.4 To inform practices for protecting privacy, we performed a survey study to elucidate perspectives on image use, consent, and identifiability.

An In-Depth Qualitative Interview: The Impact of Artificial Intelligence (AI) on Consent and Transparency

An In-Depth Qualitative Interview: The Impact of Artificial Intelligence (AI) on Consent and Transparency
Book Chapter
Sharon L. Burton, Darrell N. Burrell, Calvin Nobles, Yoshino W. White, Maurice E. Dawson, Kim L. Brown-Jackson, S Rachid Muller, Dustin I. Bessette
Multisector Insights in Healthcare, Social Sciences, Society, and Technology, 2024 [IGI Global]
Abstract
AI is impacting consent and transparency adversely. Although AI can potentially augment transparency in decision-making via advanced technology, it is creating new concerns. This chapter focuses on the impact of AI systems on individuals’ ability to provide informed consent for using their data, and the relationship between transparency in AI decision-making processes and issues related to accountability and trust. Discussed are GDPR (European Union General Data Protection Regulation), and CCPA (California Consumer Privacy Act) due to their consent and transparency within their broader privacy protection frameworks. Applied is a qualitative methodology and in-depth interview design using a communication and collaboration platform to explain the connection between AI consent and transparency. Research results offer avenues to understanding the challenges of informed consent and legal and ethical considerations regarding consent and transparency. Beneficiaries of this research are practitioners, academics, and learners in AI, cybersecurity, and criminology/criminal justice.