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Research on Human Subjects - Remponmibility for Medical C u e A recent 'oontract pmp0r.l t o the Berkeley campus from the U.S. Army Medical and Ramearcb Developaunt Camand contained the following new condidon: vided t o protect the aperimen-1 8ubject against even remota possibilities of injury, disability or death. hos pf tal ir8tion urd medical treatment as may be required." Correspondence bat wen the Of fice of the General counsel and repteisentativer of the U.S. Army resulted in clarification by the Anny Contracting Officer graph 0.11 of the oontract means that you are required to prwide the experimental subject w i t h any hospitalization and/or medical +re8tment, which may be required during or as are rul t of the up eri ment. The Office of the General Counsel has pointed out that this provision, wuld obligate the University to provide medical care, including permanent medical c8re, roquired as the result of the experiment, even "in the absence of any negligence or any mongdoing on the part of t h e University," and would thur ext8nb the obligation of t h e University kyond that legally required i n th. absence of thi. provision. However, I do not klieva that the University 8hould o r could ignore its moral and ethical reapon8ibility t o provide mndic&l c u e required as the remult of experimentation which it conducts on hunms, ir respect iv x ur legal Oblip8tiOn~t o provide much care inthe rbsence of nogligence or pomcd contract with the My, including the provisions quoted above. It $8 our understanding th.t this provision w i l l become .tandud clause An future proposals for remearch on hmanr from the Depttraant of the Army, NaQ, urd I am bringing it t o your attention with the thought that you M y want to alart your Contrrct and Grant Officers, your Deans, I have therefore authorized the axecution of the proQuiXYWn of appropriate departments, urd m6pc&&ggr cunpur Conunit
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on Hman Experimentation, to be nuze that a11 u e aware o f this nituation. Whila the primary connidatation i n the review of proposals for urpcrimentation involving hununr a n t ramain the health ud wellbeing of the Qmts .houlb be 8 w u e of the financial implications, including those of an axtcnded -turd, which plight be mquired 8s a rcnult of the ocperiment. Spacial Annintant Goldmchmidt General Cwnnel Cunaingham