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Published on: November 26, 2015
Ethical concerns about federal approval of risky pediatric studies
Loretta M Kopelman1, Timothy F Murphy
1Department of Medical Humanities, Brody School of Medicine at East Carolina University, Greenville, North Carolina 27858-4354, USA. kopelmanlo@mail.ecu.edu
Insights
US federal regulations for child research, including "407 approval" for higher-risk studies, present ethical concerns regarding expert panels, public comment, and risk assessment.
Area of Science:
- Pediatric research ethics
- Regulatory affairs in human subjects research
- Child health policy
Background:
- US Federal Code categorizes research risk for children, with higher risks requiring special approval.
- The '407 approval' mechanism is increasingly used for pediatric research exceeding minimal risk.
- This approval process involves multiple layers of oversight and public input.
Purpose of the Study:
- To analyze the ethical implications and ambiguities within the US Federal Code's '407 approval' process for pediatric research.
- To identify potential conflicts and challenges in implementing higher-risk research protocols for children.
- To examine the alignment of the '407 approval' mechanism with existing ethical standards and legal frameworks.
Main Methods:
- Review of US Federal Code pertaining to human subjects research with children.
- Analysis of the procedural and interpretative aspects of the '407 approval' mechanism.
- Ethical examination of key components: advisory panel expertise, public comment scope, and risk level determination.
Main Results:
- The '407 approval' process, while intended for oversight, contains ambiguities.
- Concerns exist regarding the expertise of advisory panels and potential conflicts of interest during public comment periods.
- Uncertainty remains about the upper limits of acceptable risk and consistency with the 'best interest of the child' standard.
Conclusions:
- The current '407 approval' framework necessitates clarification to address ethical concerns and ensure robust child protection in research.
- Further refinement is needed to standardize expert consultation, manage intellectual property during public review, and define risk thresholds.
- Alignment with the 'best interest of the child' standard requires ongoing scrutiny within the regulatory process.
Abstract:
The US Federal Code limits research with healthy children to no more than a minimal risk of harm; it restricts research with children who have some disorder or condition to no more than a minor increase over minimal risk, unless potential harms are offset by potential benefits to them, as in therapeutic studies. Higher risk studies require "407 approval," named after the relevant section of the code describing requirements. Rarely used until recently, 407 approval requirements include Institutional Review Board approval and authorization by the Secretary of the Department of Health and Human Services after consultation with a panel of experts; a period for public comment; and assurances that there are adequate permission, consent, and assent. This 407-approval mechanism contains both procedural and interpretative ambiguities, which raise ethical concerns about 1) the expertise represented on advisory panels, 2) the scope of the information offered to the public for comment and its potential conflicts with investigators' intellectual property or commercial interests, 3) whether any upper level of risk exists, and 4) how it conforms with other policies such as the best interest of the child standard in the law or in medical decision making.
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