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Ethical Issues in Critical Care 95

             ●  Australia’s  attractiveness  as  a  place  for  international   Data: Use and Disclosure
                investment in commercial sponsored clinical trials is   As  noted  earlier,  ‘use’  of  data  refers  to  use  internally
                enhanced.                                         within an organisation, whereas ‘disclosure’ refers to use
             ●  Public confidence in the rigour of Australia’s system   of data externally to the institution or place of collection.
                of ethical review of human research is increased due   It is usual for hospitals and health organisations to have
                to the standardisation of ethical review processes.  strict requirements regarding access to a person’s health/
             ●  The  roles  and  responsibilities  of  the  researcher,  the   medical record for research purposes.
                institution, the HREC and other key stakeholders in
                the conduct of multi-centre research are transparent   Use of codes in data collection sheets or computer records
                and consistent. 93                                should  not  contain  patient/subject  identifiers.  Data
                                                                  should not be used so as to cause material, emotional or
             In New Zealand:
                                                                  other disadvantage to any participant, nor should it be
             ●  Single-region  applications  go  to  one  of  six  regional   used for any purpose(s) other than those specified in the
                committees, and proposals involving more than one   HREC-approved  protocol.  No  more  information  than
                region are assessed by a national multi-region ethics   that specifically needed to accomplish the study must be
                committee.                                        recorded. 8,94  Attention to this is important, because a data
             ●  ECs  in  NZ  may  request  a  second  opinion  from  the   collector will usually be privy to the entire health record.
                Health Research Council Ethics Committee.         It  is  therefore  imperative  that  anyone  extracting  data
             ●  Applicants  may  appeal  decisions  to  the  National   understand  that  only  approved  data  are  removed  used
                Ethics Advisory Committee.                        and/or disclosed. It is usual for the examination of the
                                                                  health records to occur on-site, with no record removed
             See Online resources for further information.
                                                                                               19
                                                                  from  the  hospital/organisation.   The  revised  Joint
                                                                  NHMRC and AVCC Statement and Guidelines on Research
             RESEARCH INVOLVING                                   Practice (1997) is now the Australian Code for the Respon-
             UNCONSCIOUS PERSONS                                  sible Conduct of Research (2007). It recommends that data
             The  question  of  whether  it  is  justified  to  include  an   be securely stored for a minimum of 5 years from publi-
                                                                  cation date, with a minimum of 15 years for data derived
             unconscious patient in a research project without his or   from clinical research. 95
             her consent is the most difficult one facing critical care
             researchers  and  ECs. 8,92   Paramount  in  these  consider-
             ations is the careful weighing of potential risks and ben-  ETHICS IN PUBLICATION
             efits  by  a  competent  individual.  However,  analysis  of   Journal editors are increasingly requiring that researchers
             these risks and benefits by a surrogate on behalf of an   demonstrate evidence of their ethics review process before
             incompetent individual poses a range of ethical difficul-  a  manuscript/study  is  considered  for  publication  (see
             ties. Most national and international guidelines concur   http://www.icmje.org). The Australian Code for the Respon-
             that such research is justified as long as certain safeguards   sible Conduct of Research (2007) provides guidance on the
             are in place.                                        minimum  requirements  for  authorship  of  research.
                                                                  Authorship is defined as substantial participation, where
                                      8
             Both the National Statement  and the Operational Stan-  all the following conditions are met: 95
                  12
             dards  outline categories of vulnerable persons and the
             relevant ethical considerations that apply to these groups.   ●  conception and design, or data collection or analysis/
             The governing bodies recommend careful consideration    interpretation of data
             of  these  highly  vulnerable  groups.  Of  note,  the  New   ●  drafting the article, or revising it critically for impor-
                                        12
             Zealand Operational Standards  recognise that research   tant intellectual content
             on  unconscious  patients  is  appropriate,  but  emphasise   ●  final approval of the version to be published.
             the  need  for  communication  with  the  family  or  other   Authors must also ensure that all those who have con-
             legal representatives wherever possible. These Standards   tributed to the work are recognised and acknowledged.
             do note that in emergency situations consultation with   Acquisition of research funding or general supervision of
             the family/legal representatives may not be possible, but   a research group is not considered sufficient for author-
             that the ‘health care practitioner must always act in the   ship.  Intellectual  honesty  should  be  paramount  and
             best interests of the consumer’. 12
                                                                  used  to  inform  publication  ethics  and  to  prevent
                                                                  misconduct. 95
             RESPONSIBLE RESEARCH PRACTICES
             Ethical  integrity  must  be  maintained  throughout  all   CLINICAL TRIALS
             phases  of  clinical  research,  including  research  design,   The Therapeutic Goods Administration (TGA) in Australia
             conduct, monitoring, data management and dissemina-  has adopted the Note for Guidance on Good Clinical Practice
             tion. This ethical integrity is reflected in the demonstrated   (CPMP/ICH/135/95)  to  replace  the  Guidelines  for  Good
             rigour  throughout  any  given  study.  An  understanding     Clinical  Research  Practice  (GCRP),  but  at  the  same  time
             of the relevant ‘responsible research practices’ is needed   notes there is some overlap with The National Statement
             to  be  able  to  ensure  fulfilment  of  ethical  integrity     which  prevails.  The  TGA  has  published  an  annotated
             requirements. Some key primary examples are discussed   version for the Australian regulatory context. The Note for
             here.                                                Guidance on Good Clinical Practice (CPMP/ICH/135/95) is
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