Return to Homepage

Analytical Techniques for Public Service

Guest Speaker: Eddy Brown, Dean at TESC discussed updates to Human Subjects Review application http://www.evergreen.edu/deans/humansubjectsreviewapp.htm

Guest Speaker: Dennis McBride, DSHS Institutional Review Board member

Guest Lecture

Ethics and Policy for Research on Human Subjects

Evergreen State College

11-17-2005

Dennis McBride, PhD

The Washington Institute for Mental Illness Research and Training

University of Washington

•  Classic Studies

•  Policy Milestones Addressing Human Subjects in Research

•  Brief Description of Policy Milestones

•  Current Day Ethically Challenged Examples

•  Sources for IRB Information

Classic Studies

•  The Tuskegee Syphilis Study, Public Health Service, 1932 - 1972

•  Milgram Obedience Studies (1963,65).

•  The Stanford Prisoner Experiment, Phillip Zimbardo (1971)

•  Tea Room Trade Impersonal Sex in Public Places – Laud Humphries (1970)

The Tuskegee Syphilis Study, Public Health Service, 1932 - 1972

Source: (http://www.wmich.edu/ethics/ESC/index.html)

In the early 1930s, the U.S. Public Health Service (PHS) began a program aimed at controlling venereal disease in the rural South. The Julius Rosenwald Fund - a philanthropic organization that was interested in promoting the welfare of Afro-Americans ("Negroes") - provided the funds for a two-year demonstration study in Macon County, Alabama where 82% of the residents were Afro-Americans, most of whom lived in poverty and had never seen a doctor. A principal aim of this study was to determine the incidence of the disease in the local population, while training both white and Afro-American physicians and nurses in its treatment. When the results revealed that 36% of the Macon County Afro-Americans had syphilis, which was far higher than the national rate, the Rosenwald Fund, concerned about the racial implications of this finding, refused requests to support a follow-up project

In 1932 the PHS decided to proceed with a follow-up study in Macon County. Unlike the project supported by the Rosenwald Fund, the specific goal of the new study was to examine the progression of untreated syphilis in Afro-Americans . Permission was obtained for the use of the excellent medical facilities at the teaching hospital of the Tuskegee Institute and human subjects were recruited by spreading the word among Black people in the county that volunteers would be given free tests for "bad blood," a term used locally to refer to a wide variety of ailments. Thus began what evolved into "The Tuskegee Study of Untreated Syphilis in the Negro Male," a project that would continue for forty years. The subject group was composed of 616 Afro-American men , 412 of whom had been diagnosed as having syphilis, and 204 controls.

The participants were never explained the true nature of the study . Not only were the syphilitics among them not treated for the disease -- a key aspect of the study design that was retained even after 1943 when penicillin became available as a safe, highly effective cure -- but those few who recognized their condition and attempted to seek help from PHS syphilis treatment clinics were prevented from doing so.

Eunice Rivers , an Afro-American PHS nurse assigned to monitor the study, soon became a highly trusted authority figure within the subject community. She was largely responsible for assuring the cooperation of the participants throughout the duration of the study. She was aware of the goals and requirements of the study, including the failure to fully inform the participants of their condition and to deny treatment for syphilis. It was her firm conviction that the men in the study were better off because they received superior medical care for ailments other than syphilis than the vast majority of Afro-Americans in Macon County.

The nature of the Study was certainly not withheld from the nation's medical community. Many venereal disease experts were specifically contacted for advice and opinions. Most of them expressed support for the project. In 1965, 33 years after the Study's initiation, Dr. Irwin Schatz became the first medical professional to formally object to the Study on moral grounds. The PHS simply ignored his complaint. The following year, Peter Buxtin , a venereal disease investigator for the PHS began a prolonged questioning of the morality of the Study. A panel of prominent physicians was convened by the PHS in 1969 to review the Tuskegee study. The panel included neither Afro-Americans nor medical ethicists. Ignoring the fact that it clearly violated the human experimentation guidelines adopted by the PHS in 1966, the panel's recommendation that the Study continue without significant modification was accepted.

By 1972, Buxtin had resigned from the PHS and entered law school. Still bothered by the failure of the agency to take his objections seriously, he contacted the Associated Press, which assigned reporter Jean Heller to the story. On July 25, 1972 the results of her journalist investigation of the Tuskegee Study of Untreated Syphilis in the Negro Male were published. The response to Heller's revelations was broad-based public outrage, which finally brought the Study to an immediate end.
 

Milgram Studies (1963,65). “Behavioral Study of Obedience,” Journal of Abnormal and Social Psychology, 67:371-378.

40 Adult men

Told that through drawing lots one was assigned ‘teach” and one “pupil.”

He was assigned teacher; other was assigned pupil.

Told that pupil was strapped to a chair in the other room (could not see but could hear) and was attached to electrodes. Electrodes administered from 15 to 315 volts. Student could see how much was being administered. (Also ominous danger signs were attached – Danger – Sever Shock “XXX”.

Questions were asked of pupil when a mistake was made a light went on at Teacher terminal and teacher was told to administer a shock was administered. Gradual increase – kicking screaming. 5 of 40 quit administering shock; 26 of 40 continued as they were told through the highest shock. Some pleaded with experimenter to let them stop but continued as experimenter insisted. Pupils became extremely upset and nervous since they thought they were hurting/killing pupil.

The Stanford Prisoner Experiment, Phillip Zimbardo (1971)

What happens when you put good people in an evil place? Does humanity win over evil, or does evil triumph? These are some of the questions we posed in this dramatic simulation of prison life conducted in the summer of 1971 at Stanford University.

How we went about testing these questions and what we found may astound you. Our planned two-week investigation into the psychology of prison life had to be ended prematurely after only six days because of what the situation was doing to the college students who participated. In only a few days, our guards became sadistic and our prisoners became depressed and showed signs of extreme stress.

Tea Room Trade Impersonal Sex in Public Places – Laud Humphries (1970)

Posed as a “Watchqueen” (the lookout in bathroom while others had sex)

Took car licenses in parking lots, got info from police, disguised and went to homes to conduct survey to get personal info for research. Issues of deception, invasion of privacy.

Policy Milestones Addressing Ethics in Research

The Nuremberg Code (1947) -- Resulting from Nazi experiments during WWII.

 

Declaration of Helsinki: ethical principals for research involving human subject (1964)

Adopted from Nuremberg Code by the World Medical Association.

 

National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1974 )

Created by Congress as a result of the Tuskegee Syphilis Study concluded in 1972.

 

Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (1978)

 

Created by the National Commission and serves as the foundation for IRB's.

 

Office for Human Research Protections (OHRP)

Federal Regulation:

45 CFR part 46 Subparts A,B,C,D

Washington State Regulation :

RCW 70.02 , Medical Records – Health Care Information Access and Disclosure

RCW 42.48 , Release of Records for Research.

Brief Description of the Policy Milestone

The Nuremberg Code (1947)

This document was drafted by an international panel of experts on medical research, human rights, and ethics. It focused on the requirement for voluntary consent of the human subject and the weighing of the anticipated potential humanitarian benefits of a proposed experiment against the risks to the participant. The Code served as the initial model for those few public and private research and professional organizations that voluntary chose to adopt guidelines or rules for research involving human subjects.

Declaration of Helsinki: ethical principals for research involving human subject (1964)

Internationally, there is little argument that the pre-eminent document addressing research ethics is the Declaration of Helsinki , adopted by the World Medical Association (WMA) in 1964. This document evolved from the Nuremberg Code, which was put in place to protect human research subjects in response to atrocities committed by Nazi physicians in the name of medical science. The Declaration of Helsinki has been amended 5 times, most recently in 2000.

National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1974)

Created by Congress as a result of the Tuskegee Syphilis Study (1972).

Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research (1978)

Based on the work of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (1974-1978), the Department of Health and Human Services (HHS) revised and expanded its regulations for the protection of human subjects 45 CFR part 46 in the late 1970's and early 1980's.  In 1978, the Commission's report “Ethical Principles and Guidelines for the Protection of Human Subjects of Research” was published.  It was named the Belmont Report , for the Belmont Conference Center, where the National Commission met when first drafting the report. 

The Belmont Report explains the unifying ethical principles that form the basis for the National Commission's topic-specific reports and the regulations that incorporate its recommendations.  The Belmont Report identifies three fundamental ethical principles for all human subject research – respect for persons, beneficence, and justice.  Those principles remain the basis for the HHS human subject protection regulations. 

In 1991, 14 other Federal departments and agencies joined HHS in adopting a uniform set of rules for the protection of human subjects, identical to subpart A of 45 CFR part 46 of the HHS regulations.  This uniform set of regulations is the Federal Policy for the Protection of Human Subjects, informally known as the “Common Rule.” 

Today, the Belmont Report continues as an essential reference for institutional review boards (IRBs) that review HHS-conducted or -supported human subjects research proposals involving human subjects, in order to ensure that the research meets the ethical foundations of the regulations.

In 1979 they published "Ethical Principles and Guidelines for the Protection of Human Subjects of Research," which is commonly referred to as "The Belmont Report." This document presents a well-developed ethical framework for the exploration of the issues associated with the use of human beings as the subjects of research. More comprehensive than the Nuremberg Code, it defined the boundary between accepted therapeutic practice and experimental research, and proposed the following three basic principles to guide in the evaluation of the ethics of research involving human subjects:

Terms

Anonymity

Confidentiality

Informed Consent

Active Consent

Passive Consent

Assent

Current Day Ethically Challenged Examples

•  VIOXX

•  Former University of Vermont researcher Eric Poehlman

•  Havasupai Tribe “Diabetes” Study (Strong Heart Study)

•  Fabre Research Clinic Clozapine Study

•  UW Genetics Study

Source: ( http://www.illuminata-inc.com/News.html )

Merck Documents Show Aggressive Marketing of Vioxx After Studies Indicated Risk

Thursday, May 05, 2005 -- On November 9, 2004, the Committee on Government Reform requested that Merck provide the Committee with a wide range of documents related to the anti-inflammatory drug Vioxx. The request expressly sought "all presentations, training sessions, or materials given to Merck employees and agents who marketed Vioxx" and "all records of communication provided to healthcare providers and pharmacists concerning the safety and efficacy of the drug." In response to this request, Merck provided the Committee with over 20,000 pages of internal company documents, including course curricula, bulletins to the field, training manuals, company talking points, memoranda among senior executives, and promotional materials for use with physicians. The Committee also received documents from FDA related to Vioxx.

These documents provide an extraordinary window into how Merck trained its sales representatives and used them to communicate to physicians about Vioxx and its health risks. In fact, the documents may offer the most extensive account ever provided to Congress of a drug company's efforts to use its sales force to market to physicians and overcome health concerns.

Rep. Waxman has released an analysis these documents that suggests that Merck sent more than 3,000 highly trained representatives into doctor's offices and hospitals armed with misleading information about Vioxx's risks.

Researcher admits fraud in grant data

Ex-Vermont scientist won nearly $3m from US

By Carey Goldberg and Scott Allen, Globe Staff  |  March 18, 2005

In the worst case of scientific fakery to come to light in two decades, a top obesity researcher who long worked at the University of Vermont admitted yesterday that he fabricated data in 17 applications for federal grants to make his work seem more promising, helping him win nearly $3 million in government funding.

The anatomy of research fraud

Former University of Vermont researcher Eric Poehlman faces possible prison time, $196,000 in fines and restitution, and a lifetime ban on federal funding in what investigators say is the worst US scientific fraud in 20 years. Under a plea agreement, Poehlman will correct or retract 10 published research papers, while admitting to the following:

? From 1992 to 2000, Poehlman received $2.9 million in federal research funding based on fabricated research data intended to make his work sound more promising. During the period, he filed 17 fraudulent grant proposals to study the impact of menopause on women's health, the benefits of hormone replacement therapy, and other topics.

? Poehlman fabricated test results for all but three of the 35 women in his long-term study of the health effects of menopause, an influential paper indicating that women rapidly lose muscle mass, and gain fat after menopause . The Annals of Internal Medicine retracted Poehlman's findings in 2003 after the University of Vermont found evidence of fraud.

? Poehlman claimed that hormone replacement therapy helps slow weight gain after menopause based on fabricated data, helping him to win a $542,000 grant from the National Institutes of Health to continue the studies.

? In 2000, Poehlman exaggerated the health damage from menopause in the Vermont Longitudinal Study of Aging . A lab technician found that, when women's blood pressure or cholesterol improved over time, Poehlman would sometimes reverse the dates of the tests to make it seem that their health was declining.

? During the University of Vermont investigation of Poehlman's research fraud in 2000-2001, the US attorney in Burlington found that he ''destroyed electronic evidence . . . presented false testimony, presented false documents, and influenced other witnesses to provide false documents."

Havasupai Tribe Diabetes Study

By Marija Potkonjak, East Valley Tribune

The Havasupai Tribe has filed a $50 million lawsuit against Arizona State
University, the Arizona Board of Regents and three researchers alleging that
blood samples taken from tribal members under the pretext of diabetes
research were destroyed, lost or used in studies of schizophrenia,
inbreeding and population migration without the donors' consent.

The suit, filed Friday in Coconino County Superior Court, comes in the wake
of a $25 million lawsuit filed by 52 individual tribal members. That suit
also names the Board of Regents, the three researchers and ASU as
defendants.

Both suits allege that nearly 400 blood samples from more than 180 donors
were collected from 1990 to 1994 by researchers John Martin, Therese Ann
Markow and Daniel Benyshek.

Individual members of the board, including president Chris Herstam and
ex-officio members Gov. Janet Napolitano and state Superintendent of Public
Instruction Tom Horne were also named in the tribe's lawsuit.

Tribal chairwoman Linda Mahone would not comment on the lawsuit Tuesday, nor
would members of the Board of Regents.

"There definitely is evidence that there was never an intent to strictly do
diabetes research," said the tribe's attorney, Robert A. Rosette of the law
firm Monteau & Peebles LLP. "The tribe is very upset about the negligence of
Arizona State University and the violation of their civil rights."

ASU officials had yet to be served with the tribe‚s lawsuit. But in a
statement responding to the earlier lawsuit filed by individual tribal
members, ASU spokesman Virgil Renzulli disputed the allegations and said the
university "will vigorously defend itself."

The tribe's suit alleges that in 1989, Martin and Markow developed a project
to study the diabetes epidemic ravaging the Havasupai Tribe. The project
consisted of three parts: Diabetes education, collecting blood samples from
tribal members for research, and genetic testing to identify which genes in
the Havasupai caused diabetes.

Martin and Markow presented that project "strictly as a diabetes project" to
the seven-member tribal council between 1989 and August 1990. The tribe's
suit also alleges that the researchers used diabetes to get the tribe's
cooperation, which was necessary in order to obtain grants from the National
Institutes of Health.

On May 14, 1990, Martin asked the tribe for a letter endorsing the project's
research protocol, and tribal leaders provided it "with the understanding
that the Project would be focused solely on diabetes research," according to
the suit.

Immediately after obtaining the blood samples, Markow illegally obtained
more than 100 medical charts from the Supai Health Clinic in the Supai
Village to identify patients with schizophrenia, according to court records.

Researchers also collected handprints from test subjects in 1992, claiming
they would be used in the diabetes study, but they were actually used in a
research project involving inbreeding, according to court records.

The tribe's suit also alleges that the Institutional Review Board, which
regulates ASU research involving human subjects, failed to stop the
mishandling and transfer of the blood samples to laboratories and research
institutions across the country. Those findings appeared in 23 scholarly
papers and 15 publications dealing with "schizophrenia, inbreeding and
theories about ancient human population migrations from Asia to North
America."

Using the samples in migration theories was particularly offensive to the
Havasupai because their religion and culture is based on the belief that
their origins as a people come from "Red Butte" located in the Grand Canyon,
Rosette said.

Thirteen years after approving the diabetes project, the tribe began an
investigation at the prompting of tribal member Carletta Tilousi.
Apparently, Tilousi came across those publications and "realized this was
her tribe they were talking about," Rosette said.

Renzulli disputed Rosette's version of events, saying it was an ASU
researcher who came across the mishandling of the blood samples and reported
it to officials. ASU then launched an independent investigation to track the
blood samples and return them to the original donors or their families.

 

The heart of the matter

When it comes to genetic studies of Native Americans, anthropologist Robert Williams of Arizona State University in Tempe has learned that — in addition to passing scientific peer review — it may be necessary to pass a test of cultural sensitivity.

After eight years of laboratory work on blood samples taken from 5,000 individuals belonging to 12 tribes across the United States, Williams was in 1999 required to halt his attempt to investigate the growing incidence of cardiovascular disease among the tribes.

His project was part of the Strong Heart Study, a large epidemiological study that has received $46 million over 15 years from the National Heart, Lung, and Blood Institute (NHLBI) in Bethesda, Maryland. Williams suspected that the epidemic of heart disease among Native Americans was in part caused by gene flow from interbreeding with Americans of European origin. So he set about investigating this genetic 'admixture', an approach he had previously used in studies of diabetes among Arizona's Pima tribe 4 .

Every manuscript arising from the Strong Heart Study is submitted to tribal representatives for review. Williams' paper, dealing with the sensitive issue of interbreeding with non-Native Americans, was the first to be blocked. "I feel this is political censorship," Williams says. "This has never happened in my 30-year career."

Everett Rhoades, a Native American medical researcher at the University of Oklahoma who was the chair of the ethics committee that recommended halting Williams' research, declined to comment for this article. But epidemiologist Barbara Howard of Georgetown University in Washington DC, who heads the Strong Heart Study, rejects Williams' complaints of censorship. "I know he is frustrated," says Howard. "He is a good researcher. But the concerns of Native American communities take precedence."

Peter Savage, the NHLBI's director of epidemiology, adds that Native American volunteers can withdraw from research and ask that their samples be destroyed at any time and for any reason. "This is the cost of doing research in special communities," he says.

War hero died at clinic with history of neglect

By David Evans
Bloomberg News

Garry Polsgrove received two Purple Hearts as a Marine in Vietnam. Three decades after that war ended, Polsgrove, 55, was homeless and unemployed. To have a bed and earn some money, he entered an experimental drug test at the Fabre Research Clinic in Houston in April 2002, says his sister, Nancy Gatlin.

He was healthy when he signed on, she says. Polsgrove enrolled in a clinical trial for clozapine, a schizophrenia drug being tested for Ivax, the largest U.S. maker of generic drugs based in Miami.

A day after he took the first dose, Polsgrove's heartbeat became irregular, according to a January 2005 letter to Fabre from the U.S. Food and Drug Administration.

A few days later, he developed diarrhea. A clinician misdiagnosed his condition as a virus unrelated to the test, the FDA wrote. A week after that, Polsgrove developed low blood pressure that was never treated, according to the FDA. The next day, lab tests showed life-threatening kidney failure.

Polsgrove died of myocarditis, or swelling of the heart, 22 days after he enrolled in the trial. The FDA waited until January 2005 — nearly three years after Polsgrove's death — before telling clinic owner Louis Fabre it would move to shut down his testing center.

Fabre had conducted more than 400 clinical trials involving 20,000 people for at least 50 drug companies since 1973. The FDA found human-protection failures in six inspections since 1980.

The mistakes included enrolling people who weren't qualified to be in medical tests, offering what it called free treatment when it was actually testing unapproved drugs, failing to follow drug-company procedures for tests, and not promptly reporting serious side effects.

Fabre, who now runs a drug-development company, declined to comment. His lawyer, Douglas Farquhar, wrote to the FDA that Fabre did nothing wrong.

The institutional review board that was to protect patients from harm was the Human Investigation Committee in Houston. That board received an FDA warning letter in 1992 saying it had conflicts of interest: It was run by Fabre himself.

Members included his business partner, psychiatrist Stephen Kramer, and his lawyer, Bruce Steffler.

The FDA also wrote last January that the consent form Fabre gave Polsgrove "failed to describe clozapine's risk of fatal myocarditis." Four months before Polsgrove began the test, the FDA required a warning for clozapine about that risk.

UW halts enrollment in study after regulators find problems

By The Associated Press

The federal government has identified more safety problems with human research at the University of Washington, prompting the school to halt further enrollment in a genetic study.

It's the second time this year that the university has been warned about its procedures involving human research.

This time the school did not fully disclose to test subjects the risks involved in an ongoing genetic study or do enough to protect the confidentiality of their genetic information, according to the federal Office for Human Research Protections, which oversees government-funded human experiments for safety.

University officials were notified of the problems Sept. 9.

"We will respond to each of these concerns," the university said in a letter to the agency dated Friday.

Researchers have ceased enrollment in the study, which had involved 1,884 people. In the letter, officials said they'd received "no reports of harm to subjects, breaches of confidentiality or complaints."

The university each year receives millions of dollars in research funding from the National Institutes of Health and other federal agencies to maintain its more than 5,600 human experiments.

In their latest findings, federal officials questioned how procedures were conducted regarding a genetic experiment by Dr. Phillip Chance. Since 1998, Chance and collaborators in other states and countries have collected blood from families with rare inherited diseases to locate the genes responsible.

The federal research office was concerned that the school safety board monitoring the study didn't question Chance when he increased the number of planned enrollments from 100 to "unlimited" and that it did not ensure that others were being monitored by their own safety boards.

It also found that the UW board failed to follow up on orders that consent forms include information detailing how participants' blood would be used, that participation was voluntary, or on potential risks such as emotional stress or possible denial of insurance coverage.

Inspectors found the consent forms were never updated, yet the board repeatedly renewed Chance's study.

Yesterday, Chance said participants were properly informed, and he said federal overseers were concerned only with the university's documentation of his consent forms and protocols.

Participants knew that involvement was voluntary, said Chance. And for years, he said, he planned to enroll an unlimited number of participants. He said he voluntarily halted future enrollment, adding that it would not harm his research.

"It's all about documentation. It had nothing to do with people being harmed," said Chance. "This is a huge undertaking. I'm sure the [university's oversight] boards are trying to do the right thing."

This is the eighth time in five years that problems have been found.

An audit in February revealed widespread problems in how the UW oversees human studies, including cases where projects with safety questions were allowed to proceed and instances where rules meant to protect children and prisoners were not followed.

The school has since added two more institutional review boards — there were previously seven — to monitor human research projects for safety.

The federal research office said the UW's response to those problems was adequate, and it cleared the school to resume three prison experiments halted in response to the audit.

 

Sources for IRB Information

Federal

Office for Human Research Protections (OHRP):

http://www.hhs.gov/ohrp/humansubjects/guidance

Code Of Federal Regulations (Cfr), Title 45, Public Welfare, Department Of Health And Human Services, Part 46, Protection Of Human Subjects

45 CFR part 46 Subparts A,B,C,D:

Washington State IRB

http://www1.dshs.wa.gov/rda/hrrs/default.shtm

CITI Course in the protection of human research subjects

https://www.citiprogram.org/default.asp

Laws and Regulations

The following federal regulations apply to all research proposals submitted to the Washington State Institutional Review Board

45 CFR Part 46 , Protection of Human Subjects

45 CFR Part 160 , HIPAA General Administrative Requirements

45 CFR Part 164 , HIPAA Security and Privacy

The following state laws apply to many research proposals submitted to the Washington State Institutional Review Board:

RCW 70.02 , Medical Records – Health Care Information Access and Disclosure

RCW 42.48 , Release of Records for Research