Concordia College’s Official IRB Policy on Informed Consent



Respect for Persons: Voluntary Participation and Informed Consent


One of the most important elements in any research involving human research subjects is the assurance of voluntary informed consent. Any person who is to be a research subject, whether designed for his/her own direct benefit or for the advancement of scientific knowledge in general, must understand as completely as possible what is to be done and what the potential risks and benefits are. The person must give his/her consent freely, without pressure or inappropriate inducement. The CC IRB strives to ensure voluntary informed consent of research subjects through careful review of the recruitment and consent process, and of the consent form or information sheet to be used with subjects.

The informed consent concept is extended to those studies in which the subjects are not able to give personal consent for themselves. Here a permission document is addressed to those who have been designated responsible for the research subject’s well being (e.g. parents of children). The IRB’s concern is to verify that the consent process and permission document are likely to assist these persons to make an informed decision, which is in the best interest of the research subject. The capacity for truly informed and voluntary participation in research varies widely among study populations. The IRB must exercise special care when considering subjects whose ability to give free and informed consent may be compromised in any way.


General Principles

Informed consent is one of the primary ethical requirements underpinning research with human subjects; it reflects the basic principle of respect for persons. Informed consent seeks to ensure that potential subjects will understand the nature of the research and can knowledgeably and voluntarily decide whether or not to participate.

It is important to remember that consent is a process. This process is distinct from the consent form and involves meeting with a potential subject, finding out whether he or she is capable of giving consent, and discussing the purpose, risks, benefits, and alternatives to participation. The consent form formalizes the agreement to participate and should be designed to document the process. Obtaining informed consent, therefore, is not just giving a potential subject a consent form and having them sign it. It starts well before any forms are signed and continues until the subject's participation is complete.

Investigators must seek consent only under circumstances that provide the potential subject or the legal representative sufficient opportunity to consider whether or not to participate and that minimize the possibility of coercion or undue influence. To achieve understanding of complex or hazardous research, potential subjects should not be presented information all at once or at the last minute. People need time to think about whether or not they want to participate. They may wish to discuss the decision with family or close friends. They should not feel rushed or coerced. They need time, especially if the information is disturbing or particularly complex, to digest the information and come to terms with it.

If consent is to be informed, the subjects must genuinely understand the research. This means that the information that is given to the subject or the representative must be readable and in a language understandable to the subject or the legal representative. Even highly educated people need to have technical information presented in simple terms. A good rule of thumb is to write consent forms in “lay language” (no higher than a 7th grade reading level), in the second person, and in a minimum of 12pt font (a larger font is recommended for young children and for geriatric populations).

No informed consent, whether oral or written, may include any exculpatory language through which the subject or the representative is made to waive or appear to waive any of the subject's legal rights, or releases or appears to release the investigator, the sponsor, the institution or its agents from liability for negligence.
 

Documentation


Informed consent must be appropriately documented, in accordance with, and to the extent required by 45 CFR 46.117 or 21 CFR 50.27.
1. Informed consent is documented by the use of a written consent form approved by the IRB and signed and dated by the subject or the subject's legally authorized representative at the time of consent. A copy of the consent form must be given to the person signing the form.
2. The consent form may be either of the following:
·    a written consent document that embodies the elements of informed consent. The subject or representative must be given adequate opportunity to read it before it is signed.
OR
·    an abbreviated written consent document ( short form) stating that the elements of informed consent have been presented orally to the subject or the subject's legally authorized representative. When this method is used:
o    there must be a witness to the oral presentation; and
o    the IRB must approve a written summary of what is to be orally presented to the subject or representative; and
o    the witness must sign both the short form and a copy of the summary; and the person actually obtaining consent must sign a copy of the summary; and
o    a copy of the summary must be given to the subject or representative, in addition to a copy of the short form.

Waiver of Informed Consent

[45 CFR 46.116 (c) and (d)]
The IRB may approve a consent procedure which does not include, or which alters, some or all of the elements of informed consent set forth above, or waive the requirement for informed consent provided the IRB finds and documents that:
·    the research involves no more than minimal risk to the subjects and involves no procedures for which written consent is normally required outside of the research context; and
·    the waiver or alteration will not adversely affect the rights and welfare of the subjects; and
·    the only record linking the subject and the research would be the consent document and the principal risk would be potential harm resulting from a breach of confidentiality (Note: Subjects must be asked whether they want documentation linking them with the research, and their wishes must govern), or the research could not practicably be carried out without the waiver or alteration; and
·    whenever appropriate, the subjects are provided with additional pertinent information after participation;
or
·    the research or demonstration project is to be conducted by or subject to the approval of state or local government officials and is designed to study, evaluate, or otherwise examine:
o    public benefit or service programs;
o    procedures for obtaining benefits or services under those programs;
o    possible changes in or alternatives to those programs or procedures; or
o    possible changes in methods or levels of payment for benefits or services under those programs;
and
·    the research could not practicably be carried out without the waiver or alteration.

In cases in which the documentation requirement is waived, the IRB may require that the investigator provide subjects with a written statement regarding the research. Note that Informed Consent cannot be waived for research involving FDA-regulated products.

Language Barriers

Researchers should prepare both English language and translated consent forms for proposals that include non-English-speaking subjects. The IRB may consult with language experts or require a "back-translation" into English. Investigators should provide documentation or evidence to verify the accuracy of the translation and back-translation. 

If a non-English-speaking subject is enrolled unexpectedly, researchers may rely on an oral translation of the English language consent form, but should take extra care in the informed consent process to ensure that the subject has understood the project. A statement in the research records (and on the English language consent form) should indicate that the translation took place, identify the translator, and document the translator's belief that the subject understands the study and the consent process. If the subject is a patient, a note about the translation should be made in the patient's research records as well. Researchers should try to provide a written translation of the vital emergency contact information. 

Sample Informed Consent Form  





Informed Consent

When conducting assessment of student learning activities, faculty, administrators, etc. should provide students with "informed consent" information.  A brochure explaining the purpose and benefits of student participation in assessment activities is available from the office of assessment.  Faculty are welcome to share copies of this brochure with students.  Informed consent information for students is also available on the assessment web page.

Major components of informed consent should address the following:

Research Purpose: State the purpose of the assessment.  How will results be used?  By whom?

Research Procedures:  Explain what the student is being asked to do. How much time will it take?  Explain why the student was selected to participate (because of their enrollment in a course, as a member of a random sample, etc.)

Benefits:  What are the benefits to the student for participating?

Confidentiality: The informed consent process must describe the level of confidentiality of the research data and the measures that you plan to take to ensure that confidentiality is maintained. Describe how you will protect the participant's privacy.  Clearly explain who will have access to the assessment portfolio, exam, survey, etc.  Students should be assured that their identity will not be disclosed without their permission.

Contact Information:  Provide the name(s) of people who can answer questions about the project, if this information is not obvious.
 
 

Focus Group Invitation:  Informed Consent

Research Purpose:  Since you have almost completed a year of classes at Concordia College, I am interested in learning about your experiences as a transfer student.  Concordia wants to do a better job of serving transfer students and you can help us do that.

Research Procedures: You are invited to participate in a transfer student discussion session.  This is your chance to tell us what Concordia is doing well and what we need to improve.  These discussions will be held at the following times:

Benefits: This is your chance to tell us what Concordia is doing well and what we need to improve.

Confidentiality:  Although I will be taking notes from today's session, I will not associate your comments with your name.  The summary of our session today will not include any information that will identify individual students.  To further protect your confidentiality, no one other than myself will know who participated in these focus group sessions.

Contact Information:  If I can provide any additional information, give me a call at 299-4723 or e-mail me at schneide@cord.edu.  Thank you!  Sincerely, Kay Schneider, Director of Assessment and Institutional Research.
 


Portfolio Assessment Informed Consent form


In order to monitor student progress and to assess student learning outcomes, _____ majors are asked to maintain a portfolio of coursework.  These portfolios will include samples from the following courses:  222, 333, and 444. (Additional details are available on the "portfolio instructions" handout.) (Research Procedures) Portfolio materials will only be used to assess how effectively _____ majors have met the student learning goals for the program.  We will use this information to determine in what areas we need to improve our curriculum and in what areas the curriculum enables students to accomplish learning goals. (Research Purpose) .  The portfolio project will not impact students' grades in any course.

Access to portfolio materials is restricted to faculty in the _______ department and the department secretary.  Portfolio items will not be used for purposes other than those described above. (Confidentiality)

We need to request your permission to use your portfolio materials in the manner described above.  If you do not want us to use your portfolio for assessing achievement of student learning goals, please indicate this below.  There is no penalty for refusing permission.

If you would like additional information about this project, please contact:  (Contact Information)
 
 
 

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Please indicate your choice below.  Sign and return this form to _______________________________.

____I give my permission for the _______ faculty to use my portfolio to assess the ____ program as a whole, as described on the _______ department informed consent form.

____I do not give my permission for the _______ faculty to use my portfolio to assess the ____ program as a whole, as described on the ____ department informed consent form.
 

Name (please print):  ___________________
Signature: ______________________
Date:   ______________
 
 

Note:  This consent form does not address the issue of "benefits."   If applicable, this information should be included.
 

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