Conducting research using the emergency exception from informed consent: the Public Access Defibrillation (PAD) Trial experience
Introduction
The ethical principles for human research are embodied in the Nuremburg Code [1], [2] and the Helsinki Declaration [3]; in the United States these are formalized in the Code of Federal Regulations (CFR) [4]. The primary principles of autonomy, beneficence, and justice are upheld through the rigorous implementation of informed consent. As stated in the Belmont Report, the ethical conduct of research requires that “… subjects, to the degree that they are able, be given the opportunity to choose what shall or shall not happen to them” [5]. No method of protecting the research subject’s rights is equal to obtaining prospective consent from the informed individual [6], [7]. However, it has long been recognized that research can be conducted ethically without informed consent in some situations [8]. The Declaration of Helsinki discussed conditions for both proxy and waiver of consent [3].
The emergency medical setting warrants consideration for modification of the individual informed consent standard. A person with a medical emergency may not have the capacity to provide informed consent due to physical, psychological or emotional duress [9]. Yet, such individuals are among those most in need of effective treatment [9], [10], [11]. Healthcare providers have an ethical obligation to determine the most effective therapy through carefully conducted research while maintaining individual rights [8].
In 1993, the United States Food and Drug Administration (FDA) issued a memorandum placing a moratorium on all research without prospective informed consent (except for research with minimal risk) [8]. This remained in effect until 1996, when the FDA and the Department of Health and Human Services (DHHS) published regulations (21CFR50.24) enabling the conduct of emergency research with exception from informed consent (Fig. 1) [4], [12], [13], [14]. Despite these regulations, there is a growing concern that little emergency research is being performed in the United States when circumstances preclude prospective informed consent [15]. Some researchers believe that the regulations are unnecessarily burdensome and that Institutional Review Boards (IRBs) may be uncertain about how to interpret them [1], [6]. These concerns are heightened by recent incidents that have generated intense governmental and public scrutiny of the research process [17], even though none of these incidents have specifically involved exception from informed consent.
The Public Access Defibrillation (PAD) Trial was an international, multi-center, randomized controlled study of two strategies for the initial care of patients with out-of-hospital sudden cardiac arrest (OOH-CA) [18]. The control strategy consisted of training on-site, non-medical, lay volunteer responders to call 9-1-1 and perform basic cardiopulmonary resuscitation (CPR), while the intervention strategy added training and on-site deployment of automated external defibrillators (AEDs). The primary outcome measure was the number of survivors of OOH-CA. This trial involved two sets of subjects. The first are the volunteer layperson responders who received CPR or CPR/AED training; prospective, written informed consent was obtained from these subjects. The second set of subjects was comprised of persons who suffer a suspected OOH-CA at study locations. These subjects, who were unresponsive and suspected to be in cardiac arrest, were incapable of providing consent at the time of enrollment, and the interventions being evaluated must be applied immediately to be effective, thus prohibiting any delay to obtain proxy consent. The PAD Trial Investigators identified two potential mechanisms for addressing the issue of informed consent from this second set of subjects. The study could be considered “minimal risk,” requiring IRB approval but obviating the need for patient subject consent (45CFR46), or it could be conducted under the regulations for exception from informed consent for emergency research (21CFR50.24).
Discussions were held among investigators, the Clinical Trial Center (CTC) at the University of Washington, the FDA, the National Heart, Lung, and Blood Institute (NHLBI), the primary sponsor, and the American Heart Association (AHA), an additional sponsor. Specifically considered was whether “minimal risk” refers to the probability and magnitude of harm normally encountered in patients with the respective disease or condition (i.e., a relative standard) or to that encountered in the daily life of a member of the general public (i.e., an absolute standard). CPR performed by laypersons is a currently accepted treatment for OOH-CA, and the use of the AED fell within FDA approved indications. Thus, the trial presented no significant additional risk than what would typically be encountered by victims of OOH-CA. The FDA held that the absolute standard should apply, and subsequently most parties to the discussion agreed. Thus, the PAD Trial had to precede under the exception for emergency research regulations (21CFR50.24). An IDE was obtained for the trial, but subsequently the FDA advised the CTC that it was not required since all devices used in the trial had received FDA clearance.
This paper describes the experiences of the PAD Trial Investigators in obtaining IRB approval to conduct research using the exception from informed consent regulation and the number and types of community consultation (CC) and public disclosure (PD) activities study sites reported to the CTC.
Section snippets
Materials and methods
The CTC obtained study approval through the University of Washington IRB, which included approval for the collection and analysis of both clinical and process data from all study sites. Approval for local implementation, however, including approval of enrolling subjects using the exception from informed consent, fell under the auspices of the IRBs at each participating study site.
The CTC and IRB Subcommittee of the PAD Trial’s Steering Committee provided written guidance on the exception from
Results
All twenty-four study sites submitted documentation of IRB application and approval, their CC and PD plans, and the IRB process report to the CTC.
All sites obtained IRB approval. The mechanisms that site investigators used to demonstrate compliance with federal regulations for exception from informed consent are shown in Table 1. The mean time from submission to approval by the primary IRB was 138±121 days (range: 1–404; median: 108). Fourteen of the sites had to submit the protocol to multiple
Discussion
Researchers have been concerned that it would be difficult to obtain IRB approval under the new federal regulations, both due to the extensive criteria and the lack of specificity of the requirements [15], [16], [20]. This trial provides some reassurance that gaining approval for research conducted under 21CFR50.24 is feasible. The process at the site level likely was facilitated by extensive review at a national level by the NHLBI, AHA, a panel of resuscitation research experts, and ultimately
Conclusion
The PAD Trial is one of the largest studies to obtain approval for conducting emergency care research with exception of informed consent. This demonstrates that gaining approval from multiple IRBs for a large multi-center trial enrolling cardiac arrest patients under the current regulations is possible with significant and persistent effort on the part of both investigators and IRB members. The experience also highlights the difficulties associated with implementing such studies, the
Acknowledgements
Financial support for this study was provided primarily by: Contract #N01-HC-95177 from the National Heart, Lung, and Blood Institute, National Institutes of Health, Bethesda, MD; additional support received from American Heart Association, Dallas, TX; Medtronic/Physio-Control Corporation, Redmond, WA; Guidant Corporation, Minneapolis, MN; Cardiac Science/Survivalink Corporation, Minneapolis, MN; Philips/Heartstream Corporation, Seattle, WA; and Laerdal Corporation, Minneapolis, MN. The authors
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