Collecting Biospecimens and Obtaining Biobank Consent From Patients in an Academic Health Care Setting

Collecting Biospecimens and Obtaining Biobank Consent From Patients in an Academic Health Care Setting
T.J. Kasperbauer, Amy Waltz, Brenda Hudson, Bridget Hawryluk, Courtney Moore, Karen Schmidt,
Peter H. Schwartz
Academic Medicine, 14 September 2021
Abstract
Academic health centers and health systems increasingly ask patients to enroll in research biobanks as part of standard care, raising important practical and ethical questions for integrating biobank consent processes into health care settings. This article aims to assist academic health centers and health systems considering implementing these integrated consent processes by outlining the 5 main issues—and the key practical and ethical considerations for each issue—that Indiana University Health and the Indiana Biobank faced when integrating biobank consent into their health system, as well as the key obstacles encountered. The 5 main issues to consider include the specimen to collect (leftover, new collection, or add-ons to clinical tests), whether to use opt-in or opt-out consent, where to approach patients, how to effectively use digital tools for consent, and how to appropriately simplify consent information.

AI, big data, and the future of consent

AI, big data, and the future of consent
Open Forum
Adam J. Andreotta, Nin Kirkham, Marco Rizzi
AI & Society, 30 August 2021
Open Access
Abstract
In this paper, we discuss several problems with current Big data practices which, we claim, seriously erode the role of informed consent as it pertains to the use of personal information. To illustrate these problems, we consider how the notion of informed consent has been understood and operationalised in the ethical regulation of biomedical research (and medical practices, more broadly) and compare this with current Big data practices. We do so by first discussing three types of problems that can impede informed consent with respect to Big data use. First, we discuss the transparency (or explanation) problem. Second, we discuss the re-repurposed data problem. Third, we discuss the meaningful alternatives problem. In the final section of the paper, we suggest some solutions to these problems. In particular, we propose that the use of personal data for commercial and administrative objectives could be subject to a ‘soft governance’ ethical regulation, akin to the way that all projects involving human participants (e.g., social science projects, human medical data and tissue use) are regulated in Australia through the Human Research Ethics Committees (HRECs). We also consider alternatives to the standard consent forms, and privacy policies, that could make use of some of the latest research focussed on the usability of pictorial legal contracts.

Reconsidering research exclusion for serious mental illness: Ethical principles, current status, and recommendations

Reconsidering research exclusion for serious mental illness: Ethical principles, current status, and recommendations
Irene Harris, Devin Hanson, Jennie Leskela, John Billig, Viviana Padilla-Martinez, Jennifer Boyd, Tasha Nienow
Journal of Psychiatric Research, November 2021; 143 pp 138-143
Abstract
Background
Historically, individuals managing serious mental illness (SMI) have often been excluded from research, typically because of concern that these individuals may not be able to understand and provide truly informed consent. As treatment has improved, the assumption that individuals managing SMI may not be capable of consent needs to be re-examined. Systematic exclusion from research may limit empirically tested treatments available for people managing SMI, and may contribute to the health care disparities seen in this population.
Objectives
This article examines this issue by documenting current rates of research exclusion for high disease burden conditions, based on empirical review of studies in ClinicalTrials.gov.
Research design
Current rates of exclusion from studies for psychiatric conditions were assessed through systematic review of relevant clinical trials on ClinicalTrials.gov.
Subjects
Subjects in this inquiry are either articles accessed in the literature reviews, or descriptions of studies in public data on ClinicalTrials.gov.
Measures
The primary measure was a previously published coding system to document the extent and types of research exclusion related to psychiatric status.
Results
Among studies of interventions for substance use disorders and chronic pain, individuals managing SMI were more likely to be excluded than those with other psychiatric disorders at statistically significant levels. This was not the case among studies of interventions for ischemic heart disease. In studies of substance use disorders, 9% explicitly excluded SMI and 83% could exclude people with SMI based on broader exclusion criteria. In studies of chronic pain these two categories of exclusion were 16% and 55%, and in studies of ischemic heart disease, these two categories of exclusion were 1% and 20%.
Conclusions
Evidence indicates that it is ethically and scientifically more appropriate to exclude based on capacity to consent than membership in the group of individuals managing SMI. The discussion outlines techniques researchers can use for more equitable and generalizable sampling.

‘Surrogate decision-making’ in India for women competent to consent and choose during childbirth

‘Surrogate decision-making’ in India for women competent to consent and choose during childbirth
Kaveri Mayra, Zoë Matthews, Jane Sandall
Agenda: Empowering women for gender equity, 1 September 2021
Open Access
Abstract
    In a postcolonial, deeply patriarchal culture, decisions are often made for Indian women about every aspect of their life – beginning with whether they will be allowed to be born. This is followed by every life decision, including education and marriage. A ‘surrogate decision-maker’ is a guardian who decides for an adult incapable of making their own decisions due to a mental health condition, or as a substitute based on a patient’s stated or predicted wishes. However, the majority of Indian women are ‘controlled’ and ‘allowed’ or otherwise regarding everything. No choice in women’s life is women’s own, including decisions about deeply personal experiences such as giving birth.

­Our article is embedded in feminist epistemology and uses voice-centred relational analysis of interviews with four women from impoverished backgrounds in Bihar, India, to explore decision making around childbirth and throughout their lives. The surrogate decision-makers in the birth environment are: 1) healthcare and non-healthcare providers, and/or 2) family members (who play the dominant role in every other decision about women’s lives). They communicate amongst themselves about a woman’s active bodily experience. Through I-poems we present women’s varied levels of resistance and non-resistance to obstetric violence, which can be looked at as an extension of their response to violence in their routine lives. We find similarities in women’s conditioning to endure, and argue that women should be the key stakeholders of their decisions about themselves and their bodies, which includes decisions about birth.

Dental informed consent challenges and considerations for cognitively impaired patients

Dental informed consent challenges and considerations for cognitively impaired patients
Review Article
Ahmed Alsaleh, Anjuli Kapila, Iftee Shahriar, Yvonne L. Kapila,
Periodontology, 31 August 2021
Open Access
Abstract
Because the US population is living to an older age, the number of individuals with cognitive impairment and periodontitis is increasing, as both conditions/diseases increase with age. Dental informed consent best practices for dental/periodontal treatment of individuals with cognitive impairment have not been explored, yet warrant consideration, because complex dental treatments to address periodontal needs/edentulism raise challenges for informed consent in the elderly with cognitive impairment. The purpose of this review is to help practitioners better understand this topic and develop best practices in dentistry for informed consent of patients with cognitive impairment that need extensive dental treatment, including surgical and implant therapy.

Personalized Video Consent: A New Tool in the Preoperative Consent-Giving Process

Personalized Video Consent: A New Tool in the Preoperative Consent-Giving Process
Viewpoints
Debraj Shome, Komal Doshi, Sapna Vadera, Vaibhav Kumar, Rinky Kapoor
Plastic and Reconstructive Surgery, October 2021; 148(4) pp 677e-679e
Open Access
Excerpt
    Medicolegal jurisprudence is ever increasing, and it is the right of each patient to have in-depth knowledge about their surgical procedure. Consent means voluntary and mutual agreement or permission. Preoperative informed consent should not only delineate the procedure, but also highlight the concerned risks.

However, written consent has certain drawbacks, including language, medical terms, understanding complications, expectations, and queries regarding surgery. An innovative approach to make informed consent simpler and more patient-friendly, such as video informed consent, may help in overcoming these barriers.

Video-augmentation of the Informed Consent Process in Mental Health Research: an Exploratory Study from India

Video-augmentation of the Informed Consent Process in Mental Health Research: an Exploratory Study from India
Abhijit Nadkarn, Sheena Wood, Ankur Garg, Danielle Fernandes, Ethel D’Souza, Urvita Bhatia
Asian Journal of Psychiatry, 23 September 2021
Abstract
Only around 50-75% of individuals fully understand the various aspects of informed consent in research. The aim of our study was to examine whether supplementing the conventional paper-based informed consent process with an audiovisual aid improves participants’ understanding of the informed consent process and the information conveyed to them. Participants from two mental health/substance use intervention development studies were recruited for this study through consecutive sampling. They were then administered the traditional paper information and consenting process by itself or in combination with a video depicting the procedures of the study. Subsequently a bespoke questionnaire was administered to assess the participants’ understanding of the information conveyed to them about the parent study. The various domains of the questionnaire were compared between those who were administered the two different consenting processes using the chi square test. 27 (58.7%) participants were administered the traditional consenting process and 19 were administered the video-supplemented consenting process. The video-supplemented consenting process was not superior to the traditional paper-based informed consent process on any of the domains examined. In settings with participants having a limited education, and in research involving people with mental health or substance use problems, further research is necessary to identify of contextually relevant best practices for the informed consent process.

Evaluating the potential utility of three-dimensional printed models in preoperative planning and patient consent in gastrointestinal cancer surgery

Evaluating the potential utility of three-dimensional printed models in preoperative planning and patient consent in gastrointestinal cancer surgery
M Povey, S Powell, N Howes, D Vimalachandran, P Sutton
Annals: Royal College of Surgeons of England, September 2021; 103(8) pp 615-620
Abstract
Introduction
The Future of Surgery report from the Royal College of Surgeons of England acknowledges the important role that three-dimensional imaging will play in support of personalised surgical interventions. One component of this is preoperative planning. We investigated surgeons’ and patients’ perceptions of this evolving technology.
Materials and methods
Ethical approval was obtained. From a normal computed tomography scan, three-dimensional models of the stomach, pancreas and rectum were rendered and printed on an Ultimaker™ three-dimensional printer. Semi-structured interviews were performed with surgeons and patients to explore perceived model effectiveness and utility. Likert scales were used to grade responses (1 = strongly disagree; 10 = strongly agree) and qualitative responses recorded.
Results
A total of 26 surgeons (9 rectal, 9 oesophagogastric, 8 pancreatic) and 30 patients (median age 62 years, interquartile range, IQR, 68–72 years; 57% male) were recruited. Median surgeon scores were effectiveness for preoperative planning, 6 (IQR 3–7), authenticity, 5 (IQR 3–6), likability, 6 (IQR 4–7), promoting learning, 7 (IQR 5–8), utility, 6 (IQR 5–7) and helping patients, 7 (IQR 5–8). Median patient scores were usefulness to the surgeon, 8 (IQR 7–9), authenticity, 8 (IQR 6–8), likability, 8 (IQR 7–8), helping understanding of condition, 8 (IQR 8–9), helping understanding of surgery, 8 (IQR 7–9) and feeling uncomfortable, 1 (IQR 1–4). Median overall decisional conflict score (0 = no; 100 = high) was 22 (IQR 19–28) and decision effectiveness was 25 (IQR 19–30).
Discussion
Overall, patients and surgeons considered that three-dimensional printed models were effective and had potential utility in education and, to a lesser extent, preoperative planning. Patient decisional conflict and effectiveness scores were weighted towards certainty in decision making but had room for improvement, which three-dimensional models may help to facilitate.

The Narrative Approach to Informed Consent: Empowering Young Children’s Rights and Meaningful Participation [BOOK]

The Narrative Approach to Informed Consent: Empowering Young Children’s Rights and Meaningful Participation [BOOK]
Fiona Mayne, Christine Howitt
Routledge, 16 November 2021
Abstract
    The Narrative Approach to Informed Consent: Empowering Young Children’s Rights and Meaningful Participation is a practical guide for researchers who want to engage young children in rights-based, participatory research. This book presents the Narrative Approach, an original and innovative method to help children understand their participation in research. This approach moves away from traditional paper-based consent to tailor the informed consent process to the specific needs of young children. Through the Informing Story, which employs a combination of interaction, information and narrative, this method enables children to comprehend concepts through storytelling. Researchers are stepped through the development of an Informing Story so that they can deliver accurate information to young children about what their participation in research is likely to involve. To further inform practice, the book documents the implementation of the Narrative Approach in four case studies demonstrating the variety of settings in which the method can be applied.

The Narrative Approach to Informed Consent addresses the rights of young children to be properly researched, expands opportunities for their active and engaged research participation, and creates a unique conceptual ethical space within which meaningful informed consent can occur. This book will be an invaluable tool for novice and experienced researchers and is applicable to a wide range of education and non-education contexts.

Must Consent Be Informed? Patient rights, state authority, and the moral basis of the physician’s duties of disclosure

Must Consent Be Informed? Patient rights, state authority, and the moral basis of the physician’s duties of disclosure
Robert MacDougall
Kennedy Institute of Ethics Journal, September 2021; 31(3) pp 247-270
Abstract
    Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an indirect justification of physicians’ special duties from an argument in Kant’s political philosophy. Kant argues that pre-legal rights to freedom are the source of a duty to form a state. The state has the authority to conclusively determine what counts as “consent” in various kinds of transactions. The Kantian account can subsequently indirectly justify at least one legal standard imposing a duty to inform, the reasonable person standard, but rules out one interpretation of a competitor, the subjective standard.