Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth...
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![Page 1: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/1.jpg)
Ethical and Legal Issues
Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth
NIDA-NIMH Conference
May 23-24, 2000
Celia B. Fisher, Ph.D. Director, Fordham
UniversityCenter for Ethics EducationDepartment of Psychology
Bronx, NY
![Page 2: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/2.jpg)
Ethical Challenges
• Confidentiality & disclosure policies
• Informed consent policies
• Risk-benefit assessment
![Page 3: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/3.jpg)
Confidentiality Myths
o Teenagers prefer confidentiality
o Disclosure policies reduce participation
o Disclosure will jeopardize data analysis
o There are few desirable reporting options
![Page 4: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/4.jpg)
Steps for Determining Confidentiality
& Disclosure Practices Investigation
Deliberation & Formulation
Implementation & Communication
Evaluation & Modification
![Page 5: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/5.jpg)
Investigation
1. Know federal, state, & local reporting laws
2. Identify risks that might be revealed during the course of research
3. Evaluate the validity of risk assessments
4. Identify referral/reporting criterion levels
5. Investigate available services
![Page 6: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/6.jpg)
DELIBERATION & FORMULATION
6. Consult with community about potential harms of alternative policies
7. Speak with prospective participants about child and parent expectations
8. Consider threats to experimental validity & recruitment
9. Develop a confidentiality and disclosure policy
![Page 7: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/7.jpg)
Implementation & Communication
10. Establish appropriate relationships with referral sources
11. Train the research team to follow the policy
12. Explain the policy to prospective participants and guardians during informed consent
13. When ever feasible, inform a participant when a disclosure will be made
![Page 8: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/8.jpg)
EVALUATION & MODIFICATION
14. Monitor the impact of policy on
participant welfare
study integrity
recruitment
community attitudes
15. Based on the above, alter the policy when appropriate
![Page 9: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/9.jpg)
Informed Consent
Informed
Voluntary
Rational
![Page 10: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/10.jpg)
Cash Incentives?
Can economically deprived youth Be coerced into participation?
Afford the time?
Afford to withdraw?
What is the message for socially disenfranchised youth?Is cash associated with “drug money?”
Will teens be encouraged lie?
Community perspectives
Fair market value
Alternative incentives
![Page 11: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/11.jpg)
What Is Consent Capacity?
Psycho-Legal Standards of Consent
Communicate a choice
Understand relevant information
Appreciate the nature of the situation
& its consequences
Manipulate information rationally Appelbaum & Grisso, 1988
What is a fair standard?
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Waiving Parental Consent
• Emancipated minor
• Mature minor
• Best interests of the child
• Research could not be practically carried out, and No more than minimal risk research Child’s rights & welfare protected Waiver does not conflict with law Participant advocate
![Page 13: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/13.jpg)
Enhancing Consent Capacity
• Simplified presentation
Reading level (5th grade)
Video presentation
Sequential single-unit disclosure
Question-answer format
• Education
• Supported decision-making
• Surrogate consent and participant assent
![Page 14: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/14.jpg)
Research Participant’s Bill of Rights
To be fully informed
To have all questions answered
To freely choose to participate or to refuse participation
To withdraw or not answer questions
To privacy and confidentiality
To be protected from harm
To know the results of the study
To understand these rights
Bruzzesse & Fisher, 1999
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The Myth of Passive Consent
• OPRR
• Justice
• Community perspectivesDeceptive
Coercive & teaches children to deceive
Parents never receive the form
Parents are afraid to sign the form
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Why do Parents Refuse to Sign Consent Forms?
Fear others will know child's problems
Desire for family privacy
Experimental procedures will harm child
Difficulty understanding the form
Disagree with study’s nature & purpose
Child should not be treated like "guinea pig"
![Page 17: Ethical and Legal Issues Research Involving Drug Abuse and Mental Health Co-morbidities Among Youth NIDA-NIMH Conference May 23-24, 2000 Celia B. Fisher,](https://reader036.fdocuments.net/reader036/viewer/2022082817/56649e665503460f94b60629/html5/thumbnails/17.jpg)
Community Perspectives:Substance Abuse Research
Risks and Benefits
Community stigma
Increase risk behaviors
Personal distress
Control groups
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Community Perspectives:Scientific Validity
• Accuracy of self and informant reports
• Sampling bias
• Laboratory error
• Trickle down interventions
• Access to drugs & government policies
• Investigator bias & misuse of data
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Community Perspectives:Biological Basis for Adolescent
Risk Behaviors
Eugenics
Self-fulfilling prophecies
Risk of preventive treatments
Fallacy of genetic factors underlying racial disparities
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The Challenge and Potential of Community Advisory Boards
Co-learning model
Opinions-in-progress analysis
Moral agency & the “is to ought” fallacy
Doing good well