Deceased and Mentally-Incapacitated Adults
Proxy consent for Deceased and Mentally-Incapacitated Adults
For HBR studies involving participants who have deceased, or adults who are mentally-incapacitated, such studies are subjected to additional requirements under HBRA Section 11 (for deceased participants) and Sections 7 and 9 (for adults for lack mental capacity).
A summary is provided below.
Condition | Additional requirement |
---|---|
Those who are deceased. (Restricted research not allowed) | Consent hierarchy: Spouse -> adult son/daughter -> either parent/guardian -> sibling -> administrator/executor -> person authorised to dispose body of the deceased person |
Those who lack capacity (Mental Capacity Act) to give consent. (Restricted research not allowed) | 1) Donee/deputy -> MTERA -> named person MTERA: Medical (Therapy, Education & Research) Act 2) Research of comparable effectiveness cannot be carried out without the participation of this class of persons 3) Tissue removal: primary purpose must be for treatment (therapy/diagnosis) |