Inducements for medical and health research: issues for the profession of nursing
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Transcript of Inducements for medical and health research: issues for the profession of nursing
ISSUES IN CLINICAL NURSING
Inducements for medical and health research: issues for the profession
of nursing
Linda Shields PhD, FRCNA, FRSA
Professor of Nursing, University of Hull, Hull, UK; Honorary Professor, University of Queensland, Brisbane, Qld, Australia;
University of Northumbria, Newcastle-upon-Tyne, UK; and Visiting Fellow, Orebro University, Orebro, Sweden
John Pearn MD, FRACP, FRCP
Chair, Ethics Committee, Royal Children’s Hospital and RCH Foundation, Royal Children’s Hospital & Health Service
District, Brisbane; and Department of Paediatrics and Child Health, Royal Children’s Hospital, Brisbane, Qld, Australia
Submitted for publication: 21 August 2006
Accepted for publication: 8 October 2006
Correspondence:
Linda Shields
Faculty of Health & Social Care
University of Hull
Cottingham Rd
Hull HU6 7RX
UK
Telephone: þ44 1482 463326
E-mail: [email protected]
SHIELDS L & PEARN J (2007)SHIELDS L & PEARN J (2007) Journal of Clinical Nursing 16, 1196–1200
Inducements for medical and health research: issues for the profession of nursing
Aims and objectives. Inducements, incentives, reimbursements and payment to
subjects for participation in research projects raise many practical, professional and
philosophical issues for nurses. Nurses are enjoined, either formally as research
co-participants or informally as patients’ professional carers, in any research which
involves their patients. This role inescapably brings significant ethical obligations,
which include those of bioethical audit.
Background. A review of current international guidelines on reimbursement rec-
ommendations indicates that researchers select one of several paradigms which
range from the ‘commercial market model’ of supply and demand to that of pure
un-reimbursed altruism. In this latter, volunteers not only give their bodies and
emotional commitment, but also sacrifice their time and convenience. Inducement is
defined as the provision of resources or rewards which exceed the ‘resource neutral’
compensation for legitimate expense. If potential volunteers are truly free to make
an informed choice to participate in research, no ethical compromise exists if
inducements are offered; but by so doing both the research team and the volunteer
patients have shifted the ethos of their research from caritas and altruism to one of a
simple commercial relationship.
Conclusions. Inducements are inappropriate when offered to those who are
‘ethically captive’ in the sense that autonomy of choice may be compromised.
Relevance to clinical practice. In contemporary nursing practice, research involve-
ment is both frequent and desirable. A perspective of current debate about
inducements for volunteering, including legal and ethical issues, empowers nurses
to protect the patients or clients in their care.
Key words: ethics, history, nurses, nursing, research
1196 � 2007 The Authors. Journal compilation � 2007 Blackwell Publishing Ltd
doi: 10.1111/j.1365-2702.2007.01889.x
Introduction
Research in the health disciplines involves researchers and
their volunteer subjects and the professional staffs who are
enjoined in and who often monitor the research. Such staff –
nurses, doctors, therapists and medical scientists – can and do
act as ‘coal-face’ auditors of issues inherent in health-care
research. Nurses who care for those patients who are research
subjects may find themselves in purely service roles, as a co-
researcher within the project team, or as a combination of
both. Irrespective of their role, nurses are inescapably
engaged in the ethics of any research which involves their
patients. This involvement may be informal, but the ethical
responsibilities remain the same. Such professional involve-
ment and audit may be purely technical, more broadly
professional or may be explicitly focused on the ethical
domain.
In the UK in March 2006, eight young men were injected in
the study of a new drug in a phase 1 trial (Bhattacharya &
Coghlan 2006). Two received a placebo, and six the drug.
Those who received the drug had volunteered to be the first
humans to be so exposed. They collapsed and required life
support. It transpired that these healthy volunteers had been
offered a considerable sum to participate in the research.
Events have shown that nothing could compensate them for
the ordeal of fighting for their lives.
Nurses are today essential to all interventional health
research. Either they conduct their own studies, work as team
members on research projects, or provide clinical care for
patients or clients who are participating in studies as subjects.
It is obvious, therefore, that an understanding of the ethics of
offering inducements, incentives and capitation reimburse-
ments (the terminology changes) to subjects is a necessary
corpus of professional knowledge. The related issue of
compensation for injuries sustained in the research context
is equally important; but is not covered in this paper.
We explore here several concepts that relate to this topic,
focused within the perspective of the profession of nursing. A
discussion on offering inducements to volunteers as potential
subjects for health research involve: (i) a review of current
guidelines on research reimbursements; (ii) issues of altruism;
(iii) ethical issues particularly as these relate to those who are
‘captive subjects’ in the ethical sense; and (iv) several legal
issues as these impinge on the participating nurse.
Current models – reimbursements andinducements
By inducements we mean incentives, payments or gifts which
are offered to potential volunteers for their enrolment in
medical research. Sometimes, inducements are offered to
volunteer subjects who are already enrolled and participating
in research, to persuade them to continue. Even bioethicists
find the theme of inducements for medical research a
controversial issue. For example, following a Scottish study
in which healthy volunteers were paid £600 to drink orange
juice laced with pesticides (Cook et al. 1998), it was found
that ‘bioethicists cannot decide… whether we should be
worried that healthy people are being paid to enrol in (such)
research studies’ (Lemmens & Elliott 2001, p. 51).
In current practice, offers of ‘fair and reasonable compen-
sation’ for travel and incidental expenses are usually offered
to potential volunteers. Beyond this, there exists a baseline
framework, both regulatory and practical, which has a
profound effect on how the ethical theories behind decisions
surrounding inducements are made. The most common
models for inducements for involvement in research are
highlighted in guidance from the UK Central Office for
Research Ethics Committees (COREC) (Central Office for
Research Ethics Committees 2005), which oversees the
ethical evaluation of research carried out within the National
Health Service in the UK. COREC suggests that there are
three models which can be used, under which payment
remains ethical. Such guidelines are based on seminal work of
Dickert and Grady (1999). The first is the ‘market model’ in
which payment is controlled by supply and demand. The
second is the ‘wage payment model’ where an amount of
money is set at the level of wages of unskilled workers, but
where extra is given for burdensome procedures. The third
model, the ‘reimbursement model’ sees payment given
according to the financial loss incurred by subjects.
Some authors argue that the second model seems most
ethically acceptable (Dickert & Grady 1999); however, one
could question why this is so. Subjects are accepted as
potential volunteers for research if two criteria are met –
being of a certain health status (for example, a patient with
cancer; or a healthy person if controls are being sought) and
the ability to understand and interpret the research proposal
and its risks. In the context of Dickert and Grady’s (1999)
second model, the ‘wage payment model’, if such status or a
level of specific skill is required for participation, or partic-
ular preconditions for payment, is it not more ethical to pay
over and above a level paid for unskilled work?
In practice, many volunteer subjects receive no payment or
reimbursement for their participation in research. Such a
paradigm has pure altruism as its foundation. In this context,
it is the polar extreme of a spectrum of reimbursement –
inducement, at the opposite end of which sits major or
generous inducements which are offered in order to compete
in the ‘commercial marketplace’.
Issues in clinical nursing Inducements for medical and health research
� 2007 The Authors. Journal compilation � 2007 Blackwell Publishing Ltd 1197
The European Union (EU) has adopted an extensive
approach to this question (The European Parliament 2001).
As with many directives which are passed by the EU, there is
an imperative both to involve and cater for the plethora of
cultures, requirements and specific conditions of the 25
member nations. This has meant that any directives must, of
necessity, be very broad. Its directives about research ethics
could arguably be critiqued as being too wide for practical
use within nations. Such equivocation demonstrates that
rewarding or compensating both investigators and trial
subjects must be agreed upon between the sponsor of the
research and the research team at the site at which the
research is taking place. This has the potential to lead to
multi-site variability without making any real commitment
to enforcing positive ethical issues surrounding inducements
for research participation. Nurses are an essential part of all
such teams.
In the USA, there exists a profusion of guidelines, laws and
regulations about the use of incentives for participation in
research (Sears 2001, Rice & Broome 2004). As in all
countries, consensus on such an issue would be a good thing,
but has proved to be difficult to reach because of the
multiplicity of factors which affect different cultures, age
groups and vulnerable populations. Australia, too, has had
difficulty reaching a common directive. The National Health
and Medical Research Council of Australia (1999) has
produced guidelines for the ethical conduct of research.
Adherence to these is required before researchers can be
funded from government sources; but again, the directives on
recommendations relating to inducements remain general.
Nurses undertaking research or those who are involved as
professional team clinicians must read directives and avail-
able literature to remain knowledgeable about research
ethics. We feel that they need to make a balanced judgement
about when inducements may or may not be used ethically.
Only by examining the ethical themes governing such issues
can they hope to remain informed; and, by extension, can
their patients remain protected.
Altruism
Many research teams offer inducements, sometimes large
inducements exceeding thousands of pounds, as recruiting
stratagems. The fundamental question is whether health
research sits in the domain of altruism, or that of commerce.
If one takes such a binary, indeed polar, approach, the issues
are somewhat simpler. Some view any medical research as a
domain of altruism which binds both volunteer subjects and
those researchers and clinicians who are engaged in the
clinical care of such subjects. Others view any suggestion of
selling one’s body for research as an unhealthy negation or
belittlement of this altruism.
In the related but distinct field of organ donation for
transplantation, a similar polar difference of opinion exists.
Some see the selling of body organs – for the material benefit
of an impoverished donor and for the clinical benefit of the
recipient – as entirely ethical; whereas others do not (Nowak
2006). Some see any attempt to control this as denying
individuals, who are induced to sell body organs, or to
partake in medical research, the autonomy which all now
regard as one of the basic tenets of contemporary best-
practice bioethics.
When one speaks of inducements, we are not speaking of
reasonable recompense for expenses incurred in being a
volunteer research subject. Rather, we regard inducements as
anything which exceeds that which is ‘resource neutral’ with
respect to legitimate expenses incurred by potential volunteer
research subjects, and in the case of children, that of their
families as well. Reimbursement, recompense or inducements
may of course be cash, gifts or non-physical rewards. An
example of this latter might be the partial remission of a
prisoner’s sentence.
The health professions generally, and nursing specifically,
are built on a platform of altruism. Despite any salary or
payment for service, there is a fundamental ethos of the
primacy of alleviating suffering, of promoting dignity and the
fulfilment of palliative care; of the prevention of disease and
injury, and of curing disease. These things are perhaps best
embodied in the generic term, caritas. In the research context,
there is the added theme of scientific integrity, itself including
the ingredients of scientific honesty, objectivity and the
implementation of technical ‘best-practice’. The inappropri-
ate use of inducements has, we believe, the potential to
degrade the ethos of combined caritas and scientific integrity,
which doublet is fundamental to the contemporary profession
of nursing. We agree that:
societal trust in research [must] not [be] eroded, [and that] subjects
[being] enrolled in trials do not become merely a means to an end,
and medical research is sufficiently translated into clinical advances
that will benefit future patients. (Morin et al. 2002, p. 78)
Captive subjects
Most feel that inducements are inappropriate if approaches to
a ‘volunteer’ occur in the context of any modification of true
free choice of the potential research participant. A basic tenet
of autonomy established explicitly in the Nuremburg Code
(1946–1949), gives ‘free and informed consent’ as one of the
basic inviolate precepts of medical research (Annas & Grodin
L Shields and J Pearn
1198 � 2007 The Authors. Journal compilation � 2007 Blackwell Publishing Ltd
1992). Nevertheless, many members of society and many
‘legitimate’ potential subjects for research cannot truly give
consent which is ‘free and informed’, because of their specific
vulnerability to influences beyond their control. People
exposed to such vulnerability are sometimes referred to by
ethicists as ‘captive subjects’. The term applies to fœtuses,
children, the mentally ill, prisoners, members of the armed
services, the intellectually disabled, the aged and the dead.
Three particularly vulnerable groups of ‘captive subjects’ are
(i) those who are members of institutions such as the armed
forces, or prisons; (ii) family members of the researchers
themselves; and (iii) those who are financially impoverished.
The degree of ‘ethical captivity’ is usually relative and
variable in several of these groups. Such applies particularly
to children where there is an increasing ability as the child
grows into adolescence and adult life, to interpret risk and
gain a sense of the independence and (hopefully) the
inviolability of their own body. The same applies to questions
of personal resources and wealth which obviously exist in
spectrum form along any concept of a sliding scale. This, in
turn, is modified by the wealth of one’s peers, or the general
wealth of the society or community in which such an
individual lives. This relativity of independence is currently
topical in ethical and societal debate about the sale of body
organs by members of otherwise impoverished societies to
potential donors for whom the cost may be relatively trivial.
From the point of view of the donor, such a sale (for example
a kidney) may lift the individual and his or her family from
lifelong penury into one where a better quality of life is
available for all. This issue remains controversial.
In the context of inducements for medical research, where
approaches are made to impecunious potential volunteers,
there is always a risk that the independence of such
individuals may be compromised. At one extreme, we have
experience of students who have felt that they were unable to
complete their university studies without extra money.
Although they may not otherwise have been interested or
bothered to volunteer to participate in a drug trial which may
involve being injected with a drug and subjected to serial
procedures over a weekend, they may do so for a modest
inducement of (say) £300 (or, say US$500). At the other
extreme, it is said, if the inducements are high enough, then
like a number of other issues and choices that confront any of
us as individuals, there is a point at which ‘everyone may
have their price’.
The nursing role here is to be aware that inducements may
render a potential research subject ‘captive’ in the ethical
sense; and that a nurse’s participation in the research
(albeit as a professional carer and not as an author or
‘acknowledged’ member of the specific research team itself),
inescapably involves them in what may be regarded as
unethical practice.
Legal issues
When a potential volunteer – for example, patient or normal
control – is considering participating in a research project, he
or she takes into account the risks of injury or death, the
nature of such injuries and their consequences, and the
potential advantages of participation. These latter may
include a belief, held rightly or wrongly, that they will
benefit personally from such participation either in monetary
terms or in the belief of a greater likelihood of cure. This
latter hope is commonly experienced, even when researchers
stress that there is little statistical probability of cure or even
of therapeutic benefit. This is sometimes called the ‘thera-
peutic misconception’ (Daugherty et al. 1995). Another
benefit is the subjective feeling of altruism that research
volunteers may, and often do, experience.
In the clinical management of patients outside the research
domain, at least in the UK and Australia, it is illegal to give a
patient an unreasonable inducement to participate in
a procedure through painting an unrealistic expectation
of a positive or beneficial outcome (Nisselle 1999). Whether
in primary clinical or in a specific research relationship, the
minimum legal obligation of clinical nurses is to be aware of
the risks inherent in any treatment, intervention or procedure
that they may be administering or monitoring; and if they
discover, often serendipitously or informally, that patients do
not understand the relevant risks, to bring this to the notice
of the researchers with whom the nurses are enjoined.
Conclusion
We feel that it is important that nurses involved either
clinically or in a co-participatory research role should be
aware of four issues relevant to the subject of inducements –
(i) capitation fees offered to the staff to recruit individuals; (ii)
the size of inducements that might be offered to research
subjects, whether patients or controls; (iii) the need to
monitor the explicit statements of risks, discomfort and
inconvenience which are explained to potential research
subjects prior to their final volunteering; and (iv) that nurses
have an understanding of whether or not individuals with
whom they are involved in professional care are in any way
ethically captive if inducements have been offered and
accepted.
We feel that there is nothing unethical about the general
use of modest inducements to individuals who can make free
and informed consent. Such, however, reduces altruism,
Issues in clinical nursing Inducements for medical and health research
� 2007 The Authors. Journal compilation � 2007 Blackwell Publishing Ltd 1199
which traditionally has been an underlying ethos of human
biomedical research. The question of what constitutes a
‘modest’ inducement is difficult and is not only culture-
specific but is relative to the degree of ethical captivity of the
potential volunteer.
If significant inducements are offered to research subjects,
and if subjects are truly ‘free and informed’ in the ethical
sense, there will inevitably be a reduction in the intangible
but important component of altruism in such research. We do
not go so far as to say that inducements should not be offered
simply because altruism is inevitably compromised. We feel,
however, that nurses participating either in clinical care or
directly in the research itself should be aware that such loss is
a price to be paid if excessive inducements are offered and
accepted for recruitment and continued participation.
Acknowledgment
We thank Ms Jan Pratt, Royal Children’s Hospital Health
Service District, Brisbane, for her suggestions.
Contributions
Study design: LS, JP; data analysis: LS, JP and manuscript
preparation: LS, JP.
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1200 � 2007 The Authors. Journal compilation � 2007 Blackwell Publishing Ltd