Informed Consent Should Be Required before Brain Death Testing

Informed Consent Should Be Required before Brain Death Testing
Joseph M. Eble
Ethics & Medics, May 2024
Abstract
Informed consent is an important principle in medicine. It protects patients and their families from being unduly pressured into procedures they do not understand with risks they may not fully appreciate. While organ donor status is near ubiquitous for anyone with a driver’s license or ID card, rarely is this status accepted with fully informed consent. As a result, patients are left vulnerable to tests that may cause them irrevocable harm or even procedures that may cause their death. The test for brain death is an example of the former possibility. This article explores the dangers of this and the apnea test, as well as the lack of informed consent present when organ donor agreements are generally made.

Designing e-consent protocols for pragmatic clinical trials: case studies from a UKCRC clinical trials unit

Designing e-consent protocols for pragmatic clinical trials: case studies from a UKCRC clinical trials unit
Matt Hammond, Polly Ashford, Juliet High, Lucy Clark, Gregory Howard, Megan Jones, Susan Stirling, Claire West
BMC Trials, 22 May 2024
Abstract
Background
Interest in and use of electronic consent (e-consent) in the conduct of academic clinical trials has increased since the COVID-19 pandemic. E-consent offers advantages including increased efficiency and accessibility, and reduced burden on site staff, which can be appealing to academic trialists anticipating challenges in recruitment to complex trial designs or with limited funding. However, there are many options to consider when using e-consent in a study protocol. This paper presents five case studies from Norwich Clinical Trials Unit, demonstrating how e-consent models can be effectively tailored to the needs of different trials. These examples illustrate the options around and benefits of e-consent, the acceptability of e-consent by participants, and the design considerations that were made during the development of the trial protocols.
Case Studies
Five randomised trials are presented, selected from a range of different trial designs, disease areas, interventions, and patient populations. E-consent was either offered as an alternative to paper consent, according to participant preference, or as the sole method of consent. E-consent was generally used to facilitate remote consent in decentralised trials but was also chosen to increase efficiency and reduce burden in an emergency department setting. The technical implementation of e-consent and detailed participant procedures were tailored to the needs of the trial settings and patient populations. For example, accompanying participant information sheets were provided in paper or electronic form, and electronic signatures could be typed or drawn. Administrative data on uptake of e-consent is presented where available.
Conclusion
This paper demonstrates that the operational and technical aspects of implementing e-consent in clinical trials can be influenced by the trial design, the needs and characteristics of the trial population, financial/efficiency considerations, and level of risk. E-consent is not a one-size-fits-all tool for trials, and its use should be carefully considered during the development of the trial protocol, in conjunction with patient and public involvement contributors, site staff and other trial stakeholders.

Development and validation of a stakeholder-driven, self-contained electronic informed consent platform for trio-based genomic research studies

Development and validation of a stakeholder-driven, self-contained electronic informed consent platform for trio-based genomic research studies
Bethany Y Norton, James Liu, Sara A Lewis, Helen Magee, Tyler N Kruer, Rachael Dinh, Somayeh Bakhtiari, Sandra H. Nordlie, Sheetal Shetty, Jennifer Heim, Yumi Nishiyama, Jorge Arango, Darcy Johnson, Lee Seabrooke, Mitchell Shub, Robert Rosenberg, Michele Shusterman, Stephen Wisniewski, Blair Cooper, Erin Rothwell, Michael C Fahey, M. Wade Shrader, Nancy Lennon, Joyce Oleszek, Wendy Pierce, Hannah Fleming, Mohan Belthur, Jennifer Tinto, Garey Noritz, Laurie Glader, Kelsey Steffan, William Walker, Deborah Grenard, Bhooma Aravamuthan, Kristie Bjornson, Malin Joseph, Paul Gross, Michael C Kruer, the Cerebral Palsy Research Network
medRxiv, 3 May 2024
Abstract
    Increasingly long and complex informed consents have yielded studies demonstrating comparatively low participant comprehension and satisfaction with traditional face-to-face approaches. In parallel, interest in electronic consents for clinical and research genomics has steadily increased, yet limited data are available for trio-based genomic discovery studies. We describe the design, development, implementation, and validation of an electronic iConsent application for trio-based genomic research deployed to support genomic studies of cerebral palsy. iConsent development incorporated stakeholder perspectives including researchers, patient advocates, institutional review board members, and genomic data-sharing considerations. The iConsent platform integrated principles derived from prior electronic consenting research and elements of multimedia learning theory. Participant comprehension was assessed in an interactive teachback format. The iConsent application achieved nine of ten proposed desiderata for effective patient-focused electronic consenting for genomic research.

Overall, participants demonstrated high comprehension and retention of key human subjects’ considerations. Enrollees reported high levels of satisfaction with the iConsent, and we found that participant comprehension, iConsent clarity, privacy protections, and study goal explanations were associated with overall satisfaction. Although opportunities exist to optimize iConsent, we show that such an approach is feasible, can satisfy multiple stakeholder requirements, and can realize high participant satisfaction and comprehension while increasing study reach.

Piloting electronic informed consenting in a pneumococcal human infection study in Blantyre, Malawi

Piloting electronic informed consenting in a pneumococcal human infection study in Blantyre, Malawi
Research Article
Clara Ngoliwa, Chikondi Chakwiya, Joel Gondwe, Edna Nsomba, Vitumbiko Nkhoma, Modesta Reuben, Linda Chantunga, Pemphero Liwonde, Edward Mangani, Evaristar Kudowa, Lumbani Makhaza, Neema Toto, Tiferanji Sochera, Tarsizio Chikaonda, Ben Morton, Marc Y.R. Henrion, Dingase Dula, Stephen B. Gordon, Anthony E. Chirwa
Wellcome Open Research, 29 April 2024
Open Access
Abstract
Background
Electronic consent can potentially improve accuracy, workflow, and overall patient experience in clinical research but
has not been used in Malawi, owing to uncertainty about data security and technical support.
Objectives
We explored the feasibility of using electronic consent (e-consent) in an ongoing human infection study in Blantyre Malawi. We dual-consented participants by both electronic and paper methods to assess the feasibility of electronic consent, and then compared benefits and challenges of the two methods.
Methods
The approved paper consent forms were digitized using Open Data Kit (ODK). Following participant information giving by the research staff, healthy literate adult participants with no audio-visual impairments completed a self-administered e-consent and provided an electronic signature. Signed e-consent forms were uploaded to a secure study server. While the participants were in clinic, the signed electronic consent form was printed as a copy for the participant. The feasibility, advantages and disadvantages including data safety consideration for e-consenting were evaluated by exploring issues surrounding use of e-consenting versus paper-based consenting. Consent forms were analysed by research staff for errors such as overwriting and legibility.
Results
We piloted 109 participants to e-consenting. It was found to be user friendly, had 0% (n 0/109) errors compared to 43.1% (n 47/109) in paper based methods along with enhanced data safety. The challenges included difficult digitization of ethics stamped documents, volunteer unfamiliarity with tablet user interface and its requirement for a working internet and printer.
Conclusion
E-consenting was feasible but required additional resource investment. Benefits included error minimization and data security.

Upcoming Calls For Public Consultation     

UPCOMING CALLS FOR PUBLIC CONSULTATION

We will selectively include calls for public consultation from multilateral agencies, governments, INGOs and other sources where there is a clear intersection with consent/assent. This might be obvious from the title of the draft guidance, regulations, etc., but more often, it will be a thematic area or topic – if properly addressed at all. If you would like to explore participation with our working group developing submissions for these calls, please contact us [david.r.curry@ge2p2global.org].

Request for Information: Soliciting Input on Opportunities, Gaps, and Challenges in Global Health Research in Neurological Diseases and Stroke
Notice Number: NOT-NS-24-018 Response date: July 1, 2024
The National Institute Neurological Diseases and Stroke (NINDS) has released a Request for Information from all stakeholders to identify global health research priorities, capacity building and training needs, and best practices or strategies that could facilitate equitable global health research in neurological disorders. Information requested

This RFI is intended to help NINDS identify global health research priorities, capacity building and training needs, and best practices or strategies that could facilitate equitable global health research in neurological disorders. The NINDS invites input from all stakeholders, including researchers, health care providers, people with lived experience (e.g., patients with neurological conditions, family members, caregivers), patient advocates, health advocacy organizations, scientific or professional organizations, federal agencies, non-profit and private sector organizations, as well as other interested members of the public. Organizations may consider submitting a response on behalf of the organization or share this RFI link with its members.

 

Request for Information on Draft NIH Intramural Research Program Policy: Promoting Equity in Access Planning
Posted on May 21, 2024 Comments must be received by July 22, 2024
   NIH is proposing to develop and implement a new policy within the NIH’s Intramural Research Program, the internal research arm of the agency. The policy would require organizations partnering with NIH through a patent licensing agreement that succeed in bringing certain products to market to submit a plan outlining steps they intend to take to promote patient access to any resulting drug, biologic, vaccine, or device. NIH seeks input on this draft policy and accompanying draft license agreement language that incorporates patient access in the commercialization process for NIH-owned inventions.

NIH will use the responses to this request for information to develop a final policy. Comments on the proposed policy must be submitted at: https://osp.od.nih.gov/comment-form-draft-nih-intramuralresearch-program-policy-promoting-equity-through-access-planning.

In addition, NIH will be hosting an informational webinar on the proposed policy on June 11, 2024. More information on the agenda and how to register will be provided shortly.

For additional context on the benefits of access planning, please see NIH’s 2023 Workshop on Transforming Discoveries into Products: Maximizing NIH’s Levers to Catalyze Technology Transfer. Questions may be sent to SciencePolicy@od.nih.gov.

Informed Consent for Research Using Digital Health Technologies: Points to Consider & Sample Language

Informed Consent for Research Using Digital Health Technologies: Points to Consider & Sample Language
National Institute of Health, May 2024
Key Points

  • This resource provides points to consider and sample language for informed consent of research studies which plan to use digital health technologies. The use of this resource is completely voluntary.
  • The considerations and sample language provided in this resource may not apply to all studies or cover all potential contexts of use. Users of this resource should apply relevant considerations/sample language as applicable to their study. Points to consider and sample language below are included in the most relevant sections, although they may be relevant to multiple sections.
  • This resource does not take the place of an informed consent document. The considerations and sample language included in this resource are specific to the inclusion of digital health technologies in a study; other general and population-specific informed consent considerations and language still apply. The sample language provided in this resource should be tailored for individual studies and may need further revision or clarification when used in an informed consent.
  • The sample language provided in this resource does not alone satisfy the regulatory requirements for informed consent as described in the 2018 revised Common Rule at 45 CFR46.116 or the FDA’s regulations governing the protection of human participants (i.e., 21 CFR parts 50 and 56).
  • Within this resource, the term digital health technology refers to wearable devices, sensor technologies, and mobile software applications (“apps”) most often used with tablets, watches, or phones. The resource does not address considerations for implantable devices, artificial intelligence, or other types of digital health technologies.
  • This consent resource does not address future use of data collected from digital health technologies, which may have additional considerations when developing or reviewing informed consent.

Informed Consent: A Monthly Review
_________________

May 2024 :: Issue 65

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_May 2024

Spotlight Articles

This month we Spotlight the article by Landi et al. in Frontiers in Medicine, The creation of an adaptable informed consent form for research purposes to overcome national and institutional bottlenecks in ethics review: experience from rare disease registries. This ambitious article addresses variability and inconsistency in the consent process in the EU context and suggests a method for overcoming these challenges. The authors developed a template that allowed participants options to consent to participation independently of consenting to the reuse of their data, an area which is the target of much current thinking. We note discussion of the creation of an adaptable assent template, the pediatric material is being finalized to collect minors’ assent, and that “ICF machine-readability is also progressing to enhance data discovery and facilitate its access and reuse conditions.”

The creation of an adaptable informed consent form for research purposes to overcome national and institutional bottlenecks in ethics review: experience from rare disease registries
Original Research
Annalisa Landi, Yanis Mimouni, Viviana Giannuzzi, Franz Schaefer, Annagrazia Altavilla, Spencer Gibson, Daria Julkowska
Frontiers in Medicine, 27 March 2024
Abstract
Background
The lack of harmonization of evaluation criteria by Ethics Committees in the European Union (EU) has led to inconsistent ethics reviews received by research sites participating in multicenter non-interventional studies. The European General Data Protection Regulation (GDPR) appears to be implemented at national level with a substantial degree of variance in interpretation. The European Reference Networks (ERNs) were struggling in setting an Informed Consent Form (ICF) for registries, allowing reuse of data for research purposes. The aim of this work is to develop an adaptable ICF for research purposes to be used in ERN registries.
Methods
To work on this challenge, a team was established within the European Joint Programme on Rare Diseases (EJP RD) to develop a patients’ registry ICF template allowing easy adaptation to ERNs, country, and site-level specificities. ERN and patients’ representatives validated the choice of developing a GDPR-compliant template for research purposes. The feedback received from 34 Ethics Committees on the Clinical Patient Management System ICF, including the submission of patients’ data to the ERN registries and the EU consent regulatory framework were analysed along with existing ontologies for data access and reuse. An adaptable ICF was developed following iterative cycles of consultation and review by clinicians, research experts, ethics and regulatory advisors, and patients’ representatives. The development of pediatric material for minor participants was also undertaken.
Results & Conclusions
Research oriented ICF templates for adults and for parents/legal representatives of patients were released in 26 national languages. This adaptable ICF aims to foster, according to patients’ preferences, the reuse of registries data for research purposes in compliance with the applicable laws and standards. Pediatric material is being finalized to collect minors’ assent. ICF machine-readability is also progressing to enhance data discovery and facilitate its access and reuse conditions.

Advancing Randomized Clinical Trials in Surgery: Role of Exception From Informed Consent, Central Institutional Review Board, and Bayesian Approaches

Advancing Randomized Clinical Trials in Surgery: Role of Exception From Informed Consent, Central Institutional Review Board, and Bayesian Approaches
Review
Amelia W. Maiga, Rebecca A. Snyder, Lillian S. Kao, Mehul V. Raval, Mayur B. Patel, Martin L. Blakely
Journal of Surgical Research, 25 April 2024
Introduction
…In order to address the unique challenges of designing and conducting randomized clinical trials in surgery, surgeon investigators from the Society of University Surgeons and the Association for Academic Surgery hosted a didactic session at the 2023 Academic Surgical Congress. In this paper, we summarize the key discussion points presented in this session and outline opportunities to promote the design of feasible and generalizable surgical RCTs. In particular, we will review the use of exception from informed consent (EFIC) in surgical trials, central institutional review board (IRB) review for multicenter trials, currently recommended statistical methods to increase clarity of trial findings and avoid dichotomy around the P value, and opportunities to incorporate Bayesian methods into study design and interpretation…

Participant Recruitment, Consent and Post-trial Access to Interventions

Participant Recruitment, Consent and Post-trial Access to Interventions
Book Chapter
Maru Mormina, Halina Suwalowska, Mira L. Schneiders
Research Ethics in Epidemics and Pandemics: A Casebook, 24 April 2024 [Springer]
Open Access
Abstract
Humanitarian emergencies, including public health crises such as epidemics, can overwhelm local resources and severely disrupt the functioning of communities and societies. Conducting research during or in the immediate aftermath of an emergency poses increased practical and ethical challenges, not least because the need to rapidly generate valuable knowledge must be constantly balanced with the principles of humanitarian assistance. This chapter provides an overview of key ethical considerations relevant to recruitment, consent and post-trial access to interventions in pandemic contexts, and proposes an “ethics in practice” approach. Research conducted during emergencies is unavoidably context – and time – sensitive, making generalized guidance difficult. The aim of this chapter is thus not to prescribe a checklist for decision-making, but to assist researchers and practitioners to reflect on and discern what constitutes ethical practice during exceptional times. In particular, public health emergencies highlight tensions that can arise between balancing the rights and interests of research participants with the health needs of the population. Careful consideration is also needed of the necessity of minimising risks and maximising benefits, including ensuring that recruitment processes are sensitive to potentially altered risk perceptions and impacts of increased vulnerability on power imbalances. The importance of establishing and maintaining trust is reviewed, particularly when asymmetries in knowledge and access to resources are heightened in complex and challenging pandemic contexts. The five case studies presented in this chapter invite readers to reflect on ethical challenges that research during public health emergencies presents, particularly in connection with processes for communicating with and recruiting participants which have been adapted in pandemic contexts; potential risks to research participants and study staff; and with the rights participants in control groups may have to access experimental products.