mmmc - ethics in public health

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    Ethical IssuesEthical Issues

    inin

    Public HealthPublic Health

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    As we have seen recently with SARS and

    H5N1 avian influenza, diseases respect

    no boundaries. In todays world, a threat

    anywhere means danger everywhere.

    December 13, 2006

    HHS Secretary Michael O. Leavitt, on the occasion of the

    official United States acceptance of revised IHR

    International Health Regulations (IHR)International Health Regulations (IHR)

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    Salient Features of IHRSalient Features of IHR (2005(2005))

    y International legal instrument enforced on 15th June 2007.

    y Replace IHR (1969) only included cholera, plague &

    yellow fever.

    y

    World Health Assembly empowered to adopt bindingregulations concerning sanitary and quarantine

    requirements and other procedures designed to prevent

    international spread of disease.

    y Focuses on serious public health threats with potential to

    spread beyond a countrys borders, to other parts of the

    world. Such events are defined as a Public Health

    Emergency of International Concern (PHEIC).

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    Always Notifiable:

    Smallpox

    Poliomyelitis, wild-type

    Human Influenza new subtypes H5N1, H1N1

    SARS

    Other Events Potentially Notifiable:

    Examples: Cholera, Pneumonic Plague,Yellow Fever, Viral Hemorrhagic Fever and

    West Nile Fever.

    Other Biological, radiological or chemical

    events may fit the decision algorithm and be

    reportable.

    Assessing Threat Under IHR (2005)Assessing Threat Under IHR (2005)

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    IHR in Practice Reporting TimelineIHR in Practice Reporting Timeline

    48-hourTime RequirementAfter a U.S. Governmental Agency (USGA)

    learns of a potential PHEIC in a U.S

    . state orterritory, it must assess the event within 48

    hours.

    24-hourTime RequirementThe USGA has 24 hours to notify WHO after it

    believes that a potential PHEIC may exist.

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    HealthHealth MeasuresMeasures -- RecommendationsRecommendations

    Review travel history and proof of

    medical examination, lab analysis,

    vaccination or other prophylaxis.

    Require medical examination,

    vaccination or other prophylaxis.

    Public health observation, quarantine,

    isolation and contact tracing.

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    1. Health Measures1. Health Measures -- RecommendationsRecommendations

    Examples of health measures for baggage, cargo,containers,conveyances,goods and postal parcels

    - Review manifest, Proof of measures taken on departureor in transit,Routing and implement inspections

    - Implement treatment to remove infection andcontamination,vectors and reservoirs.

    - Isolation and quarantine, seizure and destruction

    - Refuse departure or entry.

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    2. Protections for2. Protections for TravellersTravellers

    y Sanitation and hygiene of transport- Travel advice, entry and exit screening at points of

    entry (ports, airports, ground crossings)

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    3. Health Measures3. Health Measures -- General applicationGeneral application

    y

    GENERIC Arrival and departure

    x Information about travellersitinerary, destination, non-invasive medical examination

    x Inspection of baggage, cargo,containers, conveyances,goods, postal parcels andhuman remains

    y SPECIFIC Yellow fever vaccination

    Vector control - Disinfection ofconveyances

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    4.4. Affected ConveyancesAffected Conveyances andand Imported CasesImported Cases

    y Affected or diverted

    conveyances and

    emergencies

    y Imported cases

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    Ethical IssuesEthical Issues

    ininHealth ResearchHealth Research

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    Ethical Issues in Health ResearchEthical Issues in Health Research

    y Clinical and laboratory research aremajor contributors to advancements inhealth care in both developed anddeveloping countries.

    y Since the World War-II a growing

    awareness of the ethical complexity ofresearch on human subjects.

    y Since 1960s, development of varioussystems of regulation involving both civilsociety and government processes.

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    Role of Pharmaceutical IndustriesRole of Pharmaceutical Industries

    y DRUGS and Vaccines significant proportion of

    health expenditure in all countries.

    y The U.S. drug market accounts for 40% of the

    industrys sales and 60% of its profits.

    y Approximately 44% of global expenditure on

    health research is undertaken by pharmaceutical

    industry in developing countries.

    y Diseases such as MALARIA and TUBERCULOSIS

    attract little attention.

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    The Context of Public HealthThe Context of Public Health

    10% of the global burden of diseaseattracts 90% of global expenditure onhealth research.

    90 percent of $US is spent on the

    illnesses in the wealthiest countries.

    Only about 10 % of money is spent forthe care for 84 % of the global

    population.

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    Social Purposes of ResearchSocial Purposes of Research

    Does the research address the health

    problems and reflect the priorities of the

    society in which it is being conducted?

    Does it contribute to local capacity and

    knowledge?

    Will it lead to practical changes at the

    level of individuals and local

    communities?

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    Importance of Ethical IssuesImportance of Ethical Issues

    y To AVOID UNETHICAL PRACTICES.

    y Summarize potential benefits and

    risks.

    y Benefits of research should outweigh

    the risks posed to the human subjects.

    y Privacy and confidentiality should be

    maintained & informed consent taken.

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    Major Issues about Ethics inMajor Issues about Ethics in

    Biomedical ResearchBiomedical Research

    Written Informed Consent

    Conflicts of interests

    Assessment of risk Scientific integrity

    Privacy and confidentiality

    Protection of vulnerablepopulations

    Issues of equity and fairness

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    Research Ethics MilestonesResearch Ethics Milestones

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    TRIGGER EVENTS ETHICS MILESTONES

    Tuskegee, Syphilis

    Study Begins

    Nazi Experiments Nuremberg Code 1947

    Declaration of Helsinki 1964

    Human Radiation

    ExperimentsBelmont Report 1979

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    History of Protection ofHistory of Protection of

    Human SubjectsHuman Subjectsy Nuremberg Code (1947)y Declaration of Helsinki (1964,75,83,89,2000)

    y Beecher Ethics and Clinical Research (1966)

    [NEJM 274 (1966)1354-60]

    y Willowbrook (195601965)

    y Jewish Chronic Disease (1963)

    y USPHS Syphilis Study (aka Tuskegee Study) (1932-72)

    y

    Radiation experiments (1940s - 60s)y Modern day scandals.

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    Response to ResearchResponse to Research

    AbusesAbuses

    y National Research Act 1974

    y May 1974 45 CFR 46

    y June 1974- National Commission

    y April 1979 Belmont Report

    y 1981 45 CFR 46 revised

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    Research Ethics andResearch Ethics and

    Regulatory FrameworksRegulatory Frameworks

    The Nuremberg Code (1946), theDeclaration of Helsinki (1964) and theBelmont Report (1988).

    In most developed countries there arenow rigorous regulatory regimes, oftenlinked to national ethical codes.

    Development of ethics committees andresearch governance processes.

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    Nuremberg CodeNuremberg Code

    y Voluntary Consent

    y Build on Previous Knowledge

    y Benefit to Society

    y Qualified Investigators

    y Justification of Risks

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    Declaration of HelsinkiDeclaration of Helsinki

    Statement of ethical principles developed by the

    WMA to provide guidance to physicians and

    others conducting medical research involving

    human subjects.

    Researchers should be aware of the ethical, legal

    and regulatory requirements for research on

    human subjects in their own countries as well as

    applicable international requirements.

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    Declaration of HelsinkiDeclaration of Helsinki

    Consistent with the Declaration of Genevaregarding the obligation of a physician (health

    of my patient will be my first consideration).

    Well-being of human subject takes precedence

    over the interests of science and society.

    Medical research is subject to ethical standards

    that promote respect for all human beings and

    protect their health and rights.

    A medical researcher must protect the life,

    health,privacy and dignity of human participants.

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    The Belmont Report

    The National Commission for theProtection of Human Subjects of

    Biomedical and BehavioralResearch

    April 18, 1979

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    Belmont ReportBelmont Report

    Was in response to Tuskegee.

    y Respect for Persons

    y Beneficence

    y Justice

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    The Belmont ReportThe Belmont ReportApplication:Application:

    Equal moral forceand ,

    Ethical conflict expected

    Principles have:

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    Belmont Principles:Belmont Principles:

    y Are general prescriptive judgments;

    (Other principles may also berelevant)

    y

    they cannot always be applied so asto resolve beyond dispute particularethical problems;

    y their objective is to provide ananalytical framework that will guidethe resolution of ethical problemsarising from research involving humansubjects.

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    The Belmont ReportThe Belmont Report

    Basic Ethical Principles:

    y Respect for Persons

    Individual autonomy Protection of individuals with reducedautonomy

    y Beneficence

    Maximize benefits and minimize harms

    y Justice

    Equitable distribution of research costs andbenefits

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    The Belmont ReportThe Belmont Report

    y All principles are essential to soundethical research (regulatorycompliance)

    y Principles carry equal moral weight

    y Cannot approve research that violatesor diminishes principles

    y Some IRBs consider beneficence firstin deliberations

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    Unethical Study:Unethical Study:

    Nazi Human ExperimentationNazi Human Experimentation

    A series of medical experiments on large

    numbers of prisoners by the German Nazi

    regime in its concentration camps during World

    War II.

    Prisoners were forced to participate: They did

    not willingly volunteer. There was never any

    informed consent obtained from them.

    Typically, the experiments resulted in death,

    disfigurement or permanent disability.

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    Unethical Study:Unethical Study:

    Tuskegee Study of Syphilis (TSS)Tuskegee Study of Syphilis (TSS)

    y Federally-funded study of natural historyof syphilis (TSS).

    y In 1932 No effective treatment forS

    yphilis.y A total of 412 infected, indigent blacks

    enrolled (vulnerable population).

    y 1951 Penicillin Standard Treatment:TSS

    subjects were excluded from penicillinadministration.

    y 1972-74 A public disclosure followed byhearings and financial settlement.

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    Unethical Treatment of Human Subject:Unethical Treatment of Human Subject:

    GeneTransferTrialGeneTransferTrial

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    Jesse Gelsinger, an 18 yr. old with mild

    ornithine transcarbamylase deficiency.

    Symptoms controlled with drugs & diet.

    Gene-therapy study to determine safety, not

    efficacy; consent incomplete. Injection of the virus that had killed animals.

    Parents inadequately advised about risks.

    Personal conflict of interest

    Four days after therapy, patient had brain-death on 17 Sep 99.

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    HexamethoniumHexamethonium Challenge StudyChallenge Study

    Normal volunteers inhaledHexamethonium as a

    pulmonary vasodilator.

    Large literature on toxicity (in

    older publications).

    Volunteer #1 with flu not

    officially reported to IRB.

    Shortly after the inhalation,

    volunteer #3, 24 years old died

    of respiratory failure 2nd June

    2001.

    Ellen Roche

    Volunteer #3

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    Some recent controversies:Some recent controversies:

    The Use of PlacebosThe Use of Placebos

    The benefits, risks, burdens and effectiveness of

    a new method should be tested against those of

    the best current prophylactic, diagnostic, and

    therapeutic methods.

    This does not exclude the use of placebo or no

    treatment, in studies where no proven

    prophylactic, diagnostic or therapeutic methodexists.

    (Declaration of Helsinki,paragraph 29)

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    Unethical StudiesUnethical Studies HIV TransmissionHIV Transmission

    Zidovudine reduces HIV transmissionfrom mother to child by 2/3 (1994):

    Complex & costly treatment regimen

    Simpler regimen suspected effective

    Placebo-controlled trials:

    15 of 16 in developing countries

    9 of these U.S. funded (1997)

    Stimulated debate on placebo treatment

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    The Case of AZTThe Case of AZT

    y The AIDS Clinical Trials Group Study 076 tested zidovudinegiven orally in HIV-positive pregnant women in the United

    States and France and intravenously during labour, and

    subsequently administered to the newborn infants.

    y The drug was found to reduce the incidence of infection by

    two thirds. the regimen was recommended for HIV-positive

    pregnant women.

    y In developing countries the drug remained prohibitively

    expensive.

    y The World Health Organization supported placebo-

    controlled trials of alternative antiretroviral drug regimens

    to prevent perinatal transmission of HIV.

    y Was the use of placebo controls in such studies unethical?

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    The Case of Protease InhibitorsThe Case of Protease Inhibitors

    International trials of protease inhibitorsconducted on patients infected with HIVdemonstrated reductions in viral load,increases in CD4 counts improvements in

    life expectancy.

    Several of these studies were conductedin developing countries in which there islimited public investment in health care.

    Investigators did not obliged to provide anunlimited, ongoing supply of the drugs toall participants in these trials.

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    Aspects ofScientific ResearchAspects ofScientific Research

    y Scientific projects should be driven by ethical

    goals.

    y The social implications and outcomes of

    research must be taken into account whileassessing its ethical content.

    y Ethics committees must consider these goals:

    - Scientific validity and methodology of a study.

    - Methods of recruitment, data collection and

    analysis, dissemination results etc.

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    Informed ConsentInformed Consent

    y Document

    A form through which people are offeredthe opportunity to participate in research

    Legal document that protects institutions

    y Process

    Dialogue between prospective participant

    and members of research team

    Continuing

    Embodiment of Respect for Persons

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    Informed ConsentInformed Consent

    Items included in informed consent form include:

    the nature of the research procedures and their

    purposes

    risks and anticipated benefits

    alternative procedures

    Statement that participation is voluntary and

    option to withdraw anytime from the study

    opportunity to ask questions and who to

    contact for answers

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    Informed ConsentInformed Consent

    For long and/or complicated studies,

    investigators should stress to subjects the

    importance of keeping a copy of the

    consent form for their reference.

    The original consent form, which is kept in

    the investigators records, needs to be

    signed BEFORE ANY RESEARCH TAKES

    PLACE and dated by the subject.

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    Vulnerable PopulationsVulnerable Populations

    y Vulnerable populations includeindividuals who have limitedautonomy such that they cannotfully participate in the consentprocess. Prisoners

    Children

    Mentally challengedx Patients in emergency or intensive

    carex Terminally ill peoplex Persons in dependent

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    RISKRISK

    y Risks can be physical, psychological or social:

    - Including dangers from drugs or invasive

    procedures, costs, inconvenience, exposure to legal

    or social consequences, revival of traumatic

    memories etc.

    y Requiresbalancing of risks and benefits:

    - Often requiring imprecise and controversial

    judgments.

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    Assessment of Risk and BenefitAssessment of Risk and Benefit

    y Assess risks and benefits with relevant

    data

    y

    Examine whether the proposed researchis properly designed

    y Determine whether risks presented to

    subjects are justified

    y Examine whether there are alternatives

    to the research

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    Dualities and Conflicts of InterestsDualities and Conflicts of Interests

    Dualities may include:

    - Relationships with industry, roles as clinicians

    and researchers, direct or indirect payments,

    potential non-pecuniary benefits from

    research.

    Conflicts of interest occur when duties associated

    with two social roles are contradictory:

    - Responsibility to patients and to shareholders

    When a conflict exists the conflicting roles must be

    disengaged.

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    Investigator Fraud:Investigator Fraud: Dr. RobertDr. Robert FiddesFiddes

    y Conducted >200 studies for 47 sponsors atSouthern California Research Institute.

    y Used false study subjects, laboratory results,urine samples, medical records, radiographs.

    y Passed all audits, but turned in by a whistleblowing former employee.

    y Sentenced to 15 months in prison, fined$800,000, lost medical license (1997).

    y FDA debars Dr. Fiddes and 3 nurse coordinatorsfrom all clinical research activities (2002).

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    Ref: www.thompson.com/libraries/fooddrug/clin/index.html

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    Investigator Conflicts of InterestInvestigator Conflicts of Interest

    y Professional gain:publications / promotion.

    y Financial gain:

    Patient finders fee to collaborators

    Recruitment bonuses Affiliation with / funding from sponsor for

    future studies and consultant relationships

    y Other incentives (e.g., travel, presentations).

    y Per patient payment system presentsconflicts of interest inherent in capitalistsociety.

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    Governing ResearchGoverning Research

    y Peer review

    y Internal / External auditing

    y Training and Education

    y Monitoring committees

    y Governmental review organization

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    Institutional Review Board (IRB)Institutional Review Board (IRB)

    y IRB panels oversee and approve research on

    human subjects.

    y IRB reviews:

    Beneficence (risks are minimized)

    Justice (equitable selection of subjects)

    Respect for Persons (informed consent)

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    ConclusionConclusion

    y Before doing research, investigators must ask:

    Is it right to conduct this research?

    Do the benefits outweigh the risks?

    Is there a genuine state of uncertainty?

    Is the study design well conceived?

    Are the rights of the participants

    protected?

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