Prisoner consent question
Recently I was giving a talk about prisoner research and had discussed OHRP's guidance on subjects who become incarcerated after enrolling in a research study. Someone from the audience asked me about what happens if a legally authorized representative who has consented on behalf of a subject becomes incarcerated. This was something I hadn't thought about and I doubt whether there is any guidance on it. My take on it was that, as long as consent had been appropriately obtained, there is no problem with the LAR being incarcerated. The requirements of Subpart C only apply to the subjects, not the LARs. However, if the subject needs to be re-consented there is a problem. I'm not sure if it's appropriate for an incarcerated LAR can give consent for a subject. On the other hand, the regulations don't address this, so I don't think there is a rule against it. I guess, before approving consent from an incarcerated LAR, I'd contact OHRP and get their opinion about it.
posted by Jeffrey Cohen @ 3/04/2006 10:08:00 AM
1 comments
1 Comments:
There is a practical problem involved with the LAR being incarcerated and that is dependent on where he is housed. Every penal institution has its own rules on what can and can't be presented to a prisoner. Also, sometimes it is difficult to get in to see the prisoner, and to hand him/her something to sign. If the form is mailed to the prisoner it may take some time to reach him/her and if it needs to be witnessed that could be a problem, also, as guards are not necessarily inclined to accede to the needs or demands of an inmate and contact with a potential witness may be limited.
Finally, some institutions will not allow inmates to use pens but only pencils so if the consent is to be signed in ink that may be a problem.
So, even if it would be legal (it probably is) for the LAR to continue to function while incarcerated, it may be problematic for the reasons given above.
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