What provisions would you recommend when conducting research with vulnerable populations?
Children are considered a vulnerable research population because their intellectual and emotional capacities are limited and therefore, they are legally incompetent to give valid informed consent. Investigator's interested in enrolling children are required to address specific additional questions when completing the electronic IRB Application or when requesting an amendment to an IRB-approved study. When reviewing research involving children as subjects, the IRB considers the risks and discomforts inherent in the proposed research and assesses their justification in light of the expected benefits to the child-subject or to society as a whole. Show
Federal Regulations regarding "Children" (both 45 CFR 46 and 21 CFR 50) state, "'Children' are persons who have not attained the legal age for consent to treatments or procedures involved in the research, under the applicable law of the jurisdiction in which the research will be conducted." Thus, who qualifies as a 'child' depends on local laws for consent. In California, 18 is the usual age when people can consent to treatments or procedures, but there are important exceptions, such as when seeking medical care related to the prevention or treatment of pregnancy (see below for further clarifications). Permitted Categories for Research with Children Federal regulations classify permissible research involving children into four categories based on degree of risk and type of individual subjects. These categories are described in relation to "minimal risk": Research not involving greater than minimal risk (45 CFR 46.404 and 21 CFR 50.51)
Research involving greater than minimal risk but presenting the prospect of direct benefit to the individual subjects (45 CFR 46.405 and 21 CFR 50.52):
Research that involves more than minimal risk and presents the prospect of no direct benefit to individual subjects, but generalizable knowledge (societal benefit) (45 CFR 46.406 and 21 CFR 50.53):
Research not otherwise approvable which presents an opportunity to understand, prevent, or alleviate a serious problem affecting the health or welfare of children (45 CFR 46.407 and 21 CFR 50.54):
Parental Permission Because children cannot legally provide consent for research on their own behalf, permission by at least one parent or legal guardian is required prior to enrollment of a minor in a research study.
NOTE: If there are two parents available to give permission but they disagree about allowing their child to participate in the study, the child should not be enrolled unless that disagreement can be resolved. This policy applies to all permissible categories of research involving children. *Unless one parent is deceased, unknown, incompetent, or not reasonably available, or when only one parent has legal responsibility for the care and custody of the child. If these circumstances are present, the researcher should document this in the subject's research record. Waiver of Parental Permission For some expedited research studies the IRB may waive the requirement to obtain written parental permission. See Waiver of Written (Signed) Informed Consent for more information. In certain cases, research may be designed for conditions or for a subject population for which parental permission for inclusion in research is not a reasonable requirement to protect the subjects (e.g., neglected or abused children).
Child Assent Federal regulation and state statute require that minors assent to participate in research.
Written Assent Requirements Assent forms should be written at the appropriate educational and maturity level of the youngest prospective subject in the age range.
Assent Elements An assent form should contain date and signature lines for the child, a witness, and an investigator. The assent form should cover the following points:
A sample Assent Form is available on the OR Applications & Forms page. Please note: the sample is not meant to serve as a template. Assent forms must be tailored to the reading and comprehension level(s) of the subject populations to be enrolled, and will vary widely from study to study. Waiver of Assent Assent of the child is not a necessary condition for proceeding with the research under the following conditions:
Wards of the State Children who are wards of the state or any other agency can be involved in research that is:
When Parental Permission is not Needed In California, certain people under 18 years of age are legally able to consent for certain treatments or procedures. For those procedures, these minors do not fit the federal definition of "children." The IRB may determine that these individuals may consent for themselves to participate in research involving those treatments or procedures. The following information provides examples of circumstances under which California law combined with federal regulations permits individuals under 18 to enroll in research without permission from parent(s) or guardian(s).
Difficult Issues/Sensitive Matters Involving Children Discovery and Disclosure of Sensitive Information
Enrolling Children in Long-Term Studies Long-term research studies may involve subjects who are children at the time of enrollment but reach the age of consenting for themselves (in California, usually 18 years old) while study procedures or follow-up are still ongoing. UCI IRB will consider on a protocol-by-protocol basis whether obtaining new consent from such subjects is required. If there is continued interaction with subjects who were first enrolled as children, "re-consenting" when a subject's legal status changes will usually be required. If the only continuing study procedures are follow-up activities such as review of records or examination of biological specimens, the original consent may suffice. Prisoners as SubjectsPrisoners are considered a vulnerable research population because the very fact of incarceration may make it difficult for them to give truly voluntary informed consent. Investigators interested in enrolling prisoners as research subjects must complete Appendix C when completing the electronic IRB Application or when requesting a amendment to an IRB-approved study. Definition of a Prisoner (45 CFR 46.303 (HHS – Subpart C)“Prisoner” means any individual involuntarily confined or detained in a penal institution. The term is intended to encompass individuals sentenced to such an institution under a criminal or civil statute, individuals detained in other facilities by virtue of statutes or commitment procedures which provide alternatives to criminal prosecution or incarceration in a penal institution, and individuals detained pending arraignment, trial, or sentencing (45 CFR 46.303(c)). Individuals are prisoners if they are in any kind of penal institution, such as a prison, jail, or juvenile offender facility, and their ability to leave the institution is restricted. Prisoners may be convicted felons or may be untried persons who are detained pending judicial action, for example, arraignment or trial. Prisoner Examples
Non-Prisoner Examples:
For research involving prisoners, the definition of minimal risk is as follows:“Minimal risk” as it relates to prisoners is defined as the probability and magnitude of physical or psychological harm that is normally encountered in the daily lives, or in the routine medical, dental, or psychological examination of healthy persons (45 CFR 46.303(d)). Important Note: The criteria for involving prisoners in research apply whenever any human subject in a research protocol becomes a prisoner at any time during a study. If a subject becomes a prisoner after enrollment in research, the investigator must notify the IRB right away. See also FAQs about Prisoner Research. To protect this study population, federal regulations stipulate that the only studies that may use prisoners are those with an independent and valid reason for involving them. Specifically:
Further Reading
Pregnant Women, Fetuses and NeonatesWhile pregnant women may be involved in several categories of research, studies involving the human fetus raise special concerns. Research involving pregnant women, fetuses and human in vitro fertilization are subject to special federal regulations that guide IRB deliberations on such studies. Investigators interested in studying pregnant women, fetuses and/or neonates are required to complete Appendix B when completing the electronic IRB Application or when requesting a amendment to an IRB-approved study. Additional protections are in place for all research involving pregnant women, human fetuses, neonates of uncertain viability, or nonviable neonates. Definitions
Research studies involving pregnant women or fetuses can be approved by the IRB if the following requirements of federal regulations are satisfied
Consent Signature RequirementsThe mother's consent is required when the research holds:
Consent from the mother *and* father is required (unless the father is absent, incompetent, unknown or the pregnancy resulted from rape/incest) when the research holds out the prospect of direct benefit solely to the fetus. Consent Decision Chart for Pregnant Women and FetusesDirect benefit to mother onlyDirect benefit to mother and fetusDirect benefit to fetus onlyNo direct benefit or societal benefits onlyRisk is more than minimalMother's consentMother's consentMother and father's consentNOT APPROVABLE BY IRBRisk is no more than minimalMother's consentMother's consentMother and father'sconsentNOT APPROVABLE BY IRBInvestigators proposing to conduct research using neonates (viable, uncertain viability, or nonviable) or research using the placenta, dead fetuses or fetal material, or pregnant women, fetus and neonate research not otherwise described above, are encouraged to consult with the Research Protections staff for additional guidance prior to submitting an IRB application. Students, Employees, or Faculty as Research SubjectsUCI students and employees that are asked to volunteer as human subjects in a researcher's study may feel some pressure to agree to participate, especially if the requesting researcher is their supervisor or instructor, or someone who might be in a position to influence their future. Students and employees may volunteer to participate out of a belief that doing so will place them in good favor with faculty (e.g., that participating will result in receiving better grades, recommendations, employment, or the like), or that failure to participate will negatively affect their relationship with the investigator or faculty generally (i.e., by seeming "uncooperative"). IRB Policy
Additional Guidelines for the Recruitment of Students
Cognitively Impaired Research SubjectsAll adults (including those with cognitive impairments) are presumed competent to consent unless legally judged to be incompetent. Cognitively impaired persons are considered a vulnerable research population because their mental disability may compromise their capacity to make a reasoned decision about participation in a study. Investigators interested in studying individuals with cognitive impairment are required to address additional consideration as part of the IRB review process in Kuali Research (KR) Protocols. People with Alzheimer's disease, dementia, mental illness and developmental disabilities may be considered cognitively impaired and may not be able to provide informed consent for participation in research. In certain circumstances, when it is determined that a potential research participant is cognitively impaired, federal regulations and state statute permit researchers to obtain consent from a legally-authorized representative (surrogate consent). To have the option to obtain consent from a subject's legally-authorized representative, the investigator must request that the IRB allow for the use of surrogate consent. How can we protect vulnerable participants in research?Institutional Vulnerability
Protections for these persons should focus on devising a consent procedure that will adequately insulate prospective subjects from the hierarchical system. Such a procedure might involve having persons other than the investigator approach potential participants.
Why is it important to include vulnerable populations in research?Background: The concept of vulnerability is a cornerstone of the theoretical basis and practical application of ethics in human subjects research. Risks to humans participating in research must be minimized; that is, subjects must be offered protection from risks. Vulnerable subjects require additional protections.
Can vulnerable populations be used in research?If you are studying a vulnerable population, the IRB will often require you to have specific procedures in place to protect your participants. For instance, if you are studying children, you will need to have procedures for obtaining assent from the child, as well as consent from their parent or legal guardian.
Who are considered vulnerable populations in conducting human research and experimentations?There are some groups who have been identified by the federal regulations as “vulnerable populations”: pregnant women and fetuses, minors, prisoners, persons with diminished mental capacity, and those who are educationally or economically disadvantaged.
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