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Declassified record · U.S. Department of Energy

Memo to R H Haynor, Subject: Consent for Another to Be a Human Subject

Dated
Jan 31, 1973
Document type
Correspondence
Length
2 pages
Open the original scanArchive record OSTI ID 16110800 · public domain

Document text

Machine-read from the scan, so expect some errors. Lines that couldn’t be read are left out.

Page 1

Re: Consent for moth cr to be I have r ccc ntl v been revicwinq the 'circurns'ianccs undcr rr.hich an individual may grant consent for thc pcrfonnance of a therapeutic proccdurc on another inCividunl, a.nd I f in(1 that these doctrines arc standard Un.i.vcrsity consent foms provide thatn Kather , pe utico rdia q no stic procedure on the dependant, thcre is no au'shority for any other person, whether financially as a humn sub j cci unless the fi nanci.ally responsible person i s also the guardian or conservator of the minor or in co ape tent, i.c., hac let t crc of guardianship or. cons cr v nt or ship issued by a court. I would thcrcfoi-c reconncnd that the standard consent forms b e modified ser v nt or be pcnnitteil to sign thc consent form on behalf of another and that the portion vrhich per nits thc signature of the " other person and relationship " be . As the JZVI only authorizes the person t ~ h ohas tion allomcl by 1x9 between a therapeutic or diagnostic proccdarc intended t o meet a person ' s needs and a rcsearc!i o r expqrimcntal proccdurc v;hich may or inay not be pri - mari ly designed t o mcct a person ' s needs but which may slso 'scrvc other purposcs. .Under the law if a child jt grant consnlit for thn pcrfolrnancc of a the rap cut ic or diagnostic proccc?ure on his child. conscnt oC both i s rccomendcd i f it will not delay BEST COPY AVAILABLE

Page 2

IQikii resp ccc to the type of proccclurc which is not purc1.y therapeutic or diagnostic,thcre is some question vhc tlicr thc consent of one parent would bc sufficient to rcducc the risk of liability to a completely manageable level. I n every. instance tiherc it i s practic<ablc and i n cvcry instance whnrc thc risk to the child is morc than insu'.>- arc avail abl c.At the least, thc comnittcc shoulcl be assarcd tha'i the parent who has not sign23thc form hiT: been appr is cd of his SCOUSC'S action ail6 be given an V?OUSGp rc clude any charge, express or implicd, that the signing spouse and the principal iii vest i gator an?/or she wan not given the opportunity to state his or her objections, could, unclcr the law, seck t o have himc,clf or herself appointed the guardian ad liter n (guardian for the pcrposc! of 1itir;n'iion only) on he half of his or hcr child and bring an action against his spouse and the principal investigator (%%cRegents) for druuagcs. Please let Tile know ifyou have any question5 or wish to discuss this matter further.