Human Subjects Research Regulation
Author
: I.Glenn Cohen and Holly Fernandez Lynch
Subject
: Human experimentation in medicine–Evaluation, Human
experimentation in medicine, Law and legislation, Medical ethics, Clinical trials
Publisher
: The MIT Press,
Summary :Tens of billions of dollars are spent each year on clinical research of investigational
treatments in the United States and around the world ( Getz
2010 ), but clinical trials represent only the tip of the iceberg when it
comes to human subjects research. From the scientists involved in multimillion
dollar clinical trials of potential HIV vaccines, to the university
anthropologist who wants to conduct interviews in Chile of shamans
in the Mapuche tribe (or nation as they prefer to be called) to understand
the ways in which they attach mystical significance to legal texts,
to the psychology graduate student studying how other students allocate
funding in a simulated charity, all of these disparate researchers have to
wrestle with largely the same framework for regulating human subjects
research.
The history and details of this framework — which entails elements
of both paternalism and preservation of individual autonomy — are
described in greater depth in the next chapter and many of the subsequent
ones. In the United States it emerged out of the horrors of the Nazi experiments,
confronted by the world in the Doctors ’ Trials at Nuremberg
following World War II, as well as the now-infamous Tuskegee syphilis
study conducted by government researchers on poor black men in Alabama
from 1932 to 1972. The framework has gone through a number of
iterations since the initial regulations for protecting human subjects in research
supported or conducted by the Department of Health, Education,
and Welfare (the precursor to today ’ s Department of Health and Human
Services) were first promulgated in 1974 (Porter and Koski 2008), but its
foundational essence has remained largely intact since then.
As the authors in this volume catalog, however, the US regulatory
system governing human subjects research has a number of major deficiencies:
it is slow, it is expensive, it is inconsistent in part due to its decentralized
review system, it fetishizes the formalities of informed consent,and it overprotects patients from small potential risks while failing to
compensate them for more serious injuries sustained during research,
among many other problems. In general, it seems poorly equipped to deal
with the realities of human subjects research in the twenty-first century.
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