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In case of emergency: no need for consent
The Hastings Center Report
|January 1, 1997
Summary
The Food and Drug Administration (FDA) is updating informed consent rules for emergency research. This allows certain life-saving research to proceed without consent when patients cannot give it and lack representatives.
Area of Science:
- Medical Ethics
- Clinical Research Regulations
Background:
- Current informed consent regulations can hinder emergency medical research.
- Harmonization between Food and Drug Administration (FDA) and Department of Health and Human Services (DHHS) policies is needed.
- Confusion exists regarding exceptions to informed consent in emergency research.
Purpose of the Study:
- To amend FDA informed consent regulations for emergency research.
- To harmonize FDA and DHHS policies on emergency research.
- To clarify conditions under which research may proceed without individual informed consent.
Main Methods:
- Regulatory amendment by the Food and Drug Administration (FDA).
- Focus on a narrow exception to informed consent requirements.
- Definition of specific criteria for emergency research participation without consent.
Main Results:
- Introduction of a limited exception to informed consent for emergency research.
- The exception applies to critically ill patients unable to consent and without legal representatives.
- The amendment aims to facilitate high-quality acute care research.
Conclusions:
- The updated regulation provides a pathway for essential emergency research.
- This change addresses concerns about current rules impeding critical research activities.
- The FDA's action supports the advancement of acute care research while protecting vulnerable populations.