Consent

Investigators are responsible to discuss the research with subjects, and to document the subjects’ consent to participate. The consent process must be adapted to the decision-making needs of the subject.  Different studies--depending on degree of therapeutic benefit and risk--require different emphasis during the consent discussion. The consent form is an important part of this process and is intended to guide the investigator and subject in the consent process.

• Federal regulations describe the required elements of consent.

  1. A statement that the study involves research, an explanation of the purposes and the expected duration of the subject’s participation, and a description of the  procedures, noting any procedures which are experimental;
  2. A description of reasonably foreseeable risks or discomforts;
  3. A description of benefits to the subject or others that may reasonably be expected;
  4. Disclosure of appropriate alternative procedures or courses of treatment;
  5. A statement of the degree to which confidentiality of records identifying the subject will be maintained;
  6. For studies involving more than minimal risk, a description of any compensation that will be provided, and of medical treatments that are available in case of injury;
  7. Who to contact for answers to questions about the research, about research subjects’ rights, and about research-related injury;
  8. A statement that participation is voluntary, that refusal to participate will involve no penalty or loss of benefits to which the subject would otherwise be entitled

• There are additional elements that must be included if appropriate.

  1. A statement that there may be unforeseeable risks to the subject (or the embryo or fetus) if the subject is or may be pregnant;
  2. Anticipated circumstances under which the subject’s participation may be terminated without the subject’s consent;
  3. Additional costs that may accrue to the subject as a result of participation;
  4. Consequences of early withdrawal from the research, and procedures for orderly termination of participation in such an event;
  5. A statement that any significant new findings that may relate to the subject’s willingness to continue will be provided;
  6. The approximate number of subjects involved in the study.

• The requirement to obtain informed consent can be altered or waived if all of the following conditions pertain:

  1. The research involves no more than minimal risk to subjects;
  2. The waiver or alteration will not adversely affect the rights and welfare of subjects;
  3. The research could not practicably be carried out without the waiver or alteration; and
  4. When appropriate, subjects will be provided with additional pertinent information after participation.

 

Waivers/Alteration of Consent and Waiver of Documentation of Consent

If your work meets the federal definition of research involving human subjects, then written informed consent is required according the regulations. However, under limited circumstances, defined below, the IRB can consider your request for a waiver or an alteration of consent.

According to 45 CFR 46.116 (d) "An IRB may approve a consent procedure which does not include, or which alters, some or all of the elements of informed consent set forth in this section, or waive the requirements to obtain informed consent provided the IRB finds and documents that:

  1. The research involves no more than minimal risk to the subjects;
  2. The waiver or alteration will not adversely affect the rights and welfare of the subjects;
  3. The research could not practicably be carried out without the waiver or alteration; and
  4.  Whenever appropriate, the subjects will be provided with additional pertinent information after participation.."

Telephone screens may require an alteration of consent via 45CFR46.116(d). Investigators should include the HIPAA Waiver/Authorization of Consent form (see attached link) if obtaining verbal consent for a phone screen is part of the screening process.  See also the HIPAA Guidance under Consent.