06 Dec What Are the Legal Issues in Research
Regardless, psychologists should think carefully before entering into multiple relationships with an individual or group, such as recruiting students or clients as participants in research studies, or studying the effectiveness of a product from a company they own the shares in. Various regulatory bodies have been established to ensure the safety of those involved in research. It is imperative to obtain approval from the relevant regulatory authorities before proceeding with the research. The constitution and types of these bodies vary from country to country. Researchers are expected to know these authorities, and the list of various agencies relevant to India is provided in the article “Research Methodology II” in this issue. This chapter dealt with the administrative consequences that could result from a breach of ethical accountability to research participants or the institution. It should be noted once again that ethical obligations do not always coincide with legal obligations and vice versa. As discussed in Chapter 4, the overarching theme is the protection of research participants and the consequences of failure to do so. However, it is clear from the analysis in Chapter 5 that there are legal limits to the extent to which participants can be protected from disclosure of information about themselves or their behaviour. The right of participants to refuse participation and withdraw from the research once it has begun, as well as the expected consequences of the research. They strike a balance between the pursuit of important research objectives and the use of ethical research methods and procedures. It is always necessary to avoid permanent or excessive damage to participants, whether accidental or not.
As a researcher, you must consider all possible sources of harm to participants. Damage can take different forms. Decision on the defendant`s application for dismissal of lack of jurisdiction: notice of continuation of proceedings. (August 15, 1995). Commission File No. A-95-123 (Kerr). See ori.dhhs.gov/legal.htm. Dresser, R. (1993b). Sanctions for scientific misconduct: a legal perspective.
Academic Medicine, 68, S39-S43. Freedman, B. and Glass, K.C. (1990). Weiss v. Solomon: A Case Study in Institutional Responsibility for Clinical Research. Law, Medicine & Health Care, 18, 395-403. Kennen Sie das Bundes- und Landesrecht. Know the specifics of state and federal laws that might apply to your research. For example, the Targets 2000: Education Act 1994 prohibits questioning children about religion, gender or family life without parental permission. After some Nazi doctors were tried for their crimes, the Nuremberg Code of Research Ethics for Human Experiments was developed in 1947 to set a new standard for human experimentation in medical research.
Confidentiality; Ethics; Informed consent; Legal issues; Plagiarism; Professional misconduct These considerations protect the rights of research participants, increase the validity of research, and preserve scientific integrity. Keep in mind that a signed consent form does not mean that the information process can be ignored, say ethics experts. In fact, the APA Code of Ethics states that psychologists can only ignore informed consent in two cases: if permitted by federal or institutional legislation or regulations, or if the research cannot reasonably be expected to impose a burden or harm participants and includes any of the following: Before starting a study that involves collecting data with humans, submit your research proposal to an institutional review board (IRB). It is important to make it clear to participants that their refusal to participate will not have any consequences or negative effects. After all, they take the time to help you with the research process, so you need to respect their choices without trying to change their minds. Hiserodt v. Shalala (July 20, 1994). C.A. No. 91-0224 (W.D.
Pa.), confirmed No. 94-3404 (3d Cir. July 5, 1995). See ori.dhhs.gov/legal/htm. “If you`re a grant reviewer or journal manuscript reviewer who sees someone`s research that hasn`t been published yet, you owe that person a duty of confidentiality and anonymity,” says Gerald P. Koocher, PhD, editor-in-chief of the journal Ethics and Behavior and co-author of “Ethics in Psychology: Professional Standards and Cases” (Oxford University Press, 1998). Purpose of the research, expected duration and procedures. Cut data from a single research process into different pieces to create individual manuscripts from each piece to artificially increase publication volume. [16] Authors and researchers have an ethical obligation to ensure the accuracy, publication and dissemination of research results[4] and to disclose relevant corrections, retractions and errata to publishers in order to protect the scientific integrity of published evidence. All research studies involving humans must be registered in a publicly accessible database (e.g. ANZCTR [Australia and New Zealand], ClinicalTrials.gov [US and non-US], CTRI [India]) and the results must be made public.
[4] Clinical trial sponsors must grant all researchers and manuscript authors access to the full study dataset and have the right to use all study data for publication. [5] Source documents (with study data) and clinical study reports (study results and interpretation) are essential documentation that must be retained for a period required by applicable local legislation. [1] The ICMJE currently proposes a requirement for authors to share anonymized individual patient data underlying outcomes in articles in member journals. [18] Ethical considerations in research are a set of principles that guide your research designs and practices. Scientists and researchers must always adhere to a certain code of conduct when collecting data from people. Research misconduct means inventing or falsifying data, manipulating data analysis, or distorting results in research reports. It is a form of academic fraud. Barinaga, M. (1992). Who controls a researcher`s files? Science, 256, 1620-1621.
U.S. Department of Health and Human Services. (October 22, 1999). Promote integrity in research. HHS Fact Sheet. Available at ori.dhhs.gov/991022a.htm. The APA Code of Ethics provides some guidelines: it states that “faculty advisors discuss publication credits with students as early as possible and throughout the research and publication process.” When researchers and students put these results in writing, they have a useful tool to continually discuss and evaluate contributions throughout the research. The experts also suggest addressing the likelihood of addressing the extent and duration of harm or benefit of participation, emphasizing that their participation is voluntary and discussing treatment alternatives that are so relevant to research.
The Belmont report. The report, published in 1979 by the National Commission for the Protection of Human Subjects from Biomedical and Behavioral Research, provided the ethical framework for the resulting research regulations for human participants and still serves as the basis for legislation to protect human participants (see Further Reading). Duplicate publications violate international copyright law and waste valuable resources. [16,17] Such publications can distort evidence-based medicine by counting data twice if they are inadvertently included in meta-analyses. [16] This practice could artificially expand scientific work, distort apparent productivity, and provide an unfair advantage in competition for research funding or career advancement. [17] Examples of these practices include: Another example is that while most states only require registered psychologists to comply with mandatory reporting laws, some laws also require researchers to report abuse and neglect. It is therefore important for researchers to plan situations in which they can learn from such crimes to report. In general, research psychologists may consult with a clinician or their institution`s legal department to determine the best course of action. The APA Code of Ethics, which provides general principles and specific guidelines for research activities. If research participants or clients are unable to assess the risks and benefits of participating themselves — for example, minors or people with cognitive disabilities — then the person giving permission should have access to the same information, Kooccher says. Topics related to the researcher include avoidance of bias, bias, fraud prevention, consent to authorship, copyright issues, and sponsor protection.