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(Stroke. 2001;32:1242.)
© 2001 American Heart Association, Inc.
Original Contributions |
From the Departments of Neurology and Health Evaluation Sciences (B.B.W.) and Southeastern Rural Mental Health Research Center and Institute of Law, Psychiatry, and Public Policy (D.T.C.), University of Virginia, Charlottesville; and Department of Neurology, Mayo Clinic Jacksonville (Fla) (J.F.M.). Drs Worrall and Chen contributed equally to the preparation of this article.
Correspondence to Bradford Burke Worrall, MD, University of Virginia Health Systems No. 800394, Charlottesville, VA 22908. E-mail DoChen{at}cc.nih.gov
| Abstract |
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Summary of ReviewWe review important ethical and methodological concerns related to the collection, storage, and release of pedigree research information. The human studies aspects of pedigree research are complicated methodologically because individuals can be active or passive participants and pedigrees can be proband derived, partially validated, or fully validated. Current research ethics frameworks do not work well outside of a dyadic researcher-subject relationship. Privacy and confidentiality for family members must be considered in pedigree research. Investigators should anticipate potential conflicts of interest among family members when designing a pedigree research protocol.
ConclusionsWe propose a "proband-initiated contact" methodology in which the proband or the probands designate allows identification of potential families without breaching the privacy of individuals in the family. In situations in which family history data are collected without direct contact between researchers and individuals in the probands family, an Institutional Review Board may waive consent by family members after appropriate review of the protocol and application of rules for granting waivers of consent. Certificates of Confidentiality should be considered.
Key Words: ethics, medical family patient selection pedigree stroke
| Introduction |
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Issues of privacy, consent, and confidentiality surround DNA samples in genetic research,4 5 and concerns about consent for future uses of banked DNA have sparked unresolved national and international debate.6 7 8 Pedigree research presents equally challenging dilemmas that merit consideration.9 We present some of the major issues encountered in planning and executing pedigree studies of stroke and suggest practical ways to address some of them. We suggest neither that these are the only relevant ethical issues nor that the approaches discussed are the only viable solutions. Our purpose is to contribute to an informed debate. Because adequately powered pedigree and genetic studies typically require collaboration of many investigators at multiple sites, it is important to build consensus on acceptable research practices in this field.
| Pedigree Research in Cerebrovascular Disease |
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Attempts to investigate heritable risk for stroke have followed many strategies. Lack of accurate and verifiable information on the occurrence and subtype of stroke has limited traditional population-based and cross-sectional epidemiological studies. Large-scale data banks with comprehensive clinical information, including family history, may serve as a starting point to investigate the genetics of cerebrovascular disease. Future studies should emphasize careful characterization of phenotype.
| Pedigree Research Paradigms |
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| Pedigree Research and Bioethics |
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Collecting family history is an integral part of routine clinical care used in medical decision making and risk stratification for many diseases. Family history remains the most appropriate and efficient means of screening for and stratifying genetic risk for common, multigenic conditions such as stroke and is also an efficient and cost-effective way to screen for single-gene disorders. The advent of presymptomatic and carrier status testing for single-gene disorders has engendered debate about the rights of family members.27 Genetic counseling often includes family members, and discussion has ensued regarding release of information to family members at risk for genetic disease.28
Genetic exceptionalism, the belief that genetic information is unique among medical information and requires special additional safeguards, continues to influence policy and practice29 and could potentially impede collection of complete family history data. Nevertheless, some public health authorities have called for a shift in policies regarding genetic information and advocated for routine pedigree collection for all patients.30 Since the vast majority of diseases are likely caused by an interaction between genetic and environmental factors, the distinction between "genetic" and "nongenetic" diseases is increasingly blurred and could potentially justify this shift.31 However, there are precedents of discrimination based solely on family history,32 and many still legitimately fear discrimination for having a disease perceived to run in families.33
Pedigree methodologies have been essential in identifying and characterizing a multitude of heritable diseases, but concerns about privacy in the era of genomics have brought new scrutiny to the use of family history data. For example, prompted by a complaint from a father of participants in a twin registry, the Office of Protection From Research Risk (OPRR) (now known as the Office of Human Research Protections) temporarily suspended all federal research funds at Virginia Commonwealth University (VCU).34 The father objected to the gathering of information regarding his medical history without his consent during the process of gathering his daughters family medical history. The decision of OPRR to intervene was reportedly due in large part to the failure of the local Institutional Review Board (IRB) to document that they had sufficiently considered potential risks to family members, including breach of privacy and unauthorized release of information.
Responding to the VCU situation, the American Society of Human Genetics (ASHG) offered a framework for IRB review of pedigree research,35 and the OPRR issued a statement admonishing all researchers and IRBs to consider risk to family members in their ethical assessment of research protocols.36 Questions have arisen regarding to what extent researchers should consider risks to family members even when their medical histories are collected only from probands.35
| Pedigree Recruitment |
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Identification of families with clustering of any disease depends on the ability of probands to recognize and report the occurrence of disease among family members. Lack of knowledge, misinformation, or poor recollection may complicate pedigree research. Stroke makes pedigree research even more problematic because the disease can compromise attention, arousal, and communication. There is a strong scientific justification for contacting family members to verify proband reported histories.
Identification of disease clustering requires accurate pedigree characterization. When designing a protocol, researchers must decide whether data will be collected solely from the proband or if family history information will be validated through contacting family members. The decision of whether or not to validate data should be based on scientific, ethical, and logistical considerations and will have implications for the role of family members in the study.
Pedigree research participation can be classified as active
or passive, and pedigrees can be categorized on the basis of degree of
validation
(Table
). In studies in which the proband provides all
information, family members are not contacted and can be considered
passive participants. In this framework, the proband is the only person
given the opportunity to provide informed consent. This would
constitute a proband-derived pedigree. By contrast, probands and family
members can all act as active participants, with each providing his/her
own medical information and giving informed consent for participation,
thereby creating a fully validated pedigree. When using this active
participant framework, researchers attempt to contact all family
members eligible for the protocol. In so doing, a picture of mixed
participation will often occur, creating a partially validated
pedigree. Some family members will be contacted successfully, and
others will not. Of those contacted, some will give consent and join as
active participants, some may opt for passive participation, and some
will explicitly object to inclusion of their information. Investigators
have at times chosen to put information about nondissenting members
into the pedigree and left dissenting members in as "no
information."38 Family
members who are not successfully contacted could be considered passive
participants. Family members who decline participation present a
challenge since omitting family history information on these
"nonparticipants" may render information from other consenting
family members unusable. From an epidemiological point of view, there
may be utility in including interested members and nonidentifiable
basic demographic data of dissenting members to determine whether there
are systematic differences between consenting, nondissenting, and
dissenting "groups."
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Consent for Probands and Other Active
Participants
All potential active participants need to be approached
for informed
consent.20 22 23 24
Concerns about diminished capacity to provide informed consent for
research apply to persons with
stroke.39 Pedigree research
has some advantages over therapeutic research in its ability to address
these concerns. Pedigree research is "noninterventional" and
potentially as low risk as other observational studies. Researchers
seeking informed consent from a patient of questionable capacity can
formally assess capacity; wait for the return of capacity since family
history data may not be time sensitive; or seek out guardians or
surrogates. Statutes regarding surrogate consent for research differ by
state, and interpretation of these statues differs by institution. The
Patient Self-Determination Act encourages the completion of advance
directives and designation of surrogate decision makers in the clinical
arena.40 The precise role
that advance directives and surrogate decision makers will play in the
realm of research is still to be
determined.41
Passive Participants
The recent VCU case raises the question of whether
collecting family history information from research subjects ought to
require explicit consent from each family member even when it is not
necessary to contact them for scientific purposes. The ASHG expressed
concern that requiring written informed consent from every member of a
study pedigree could have a detrimental effect on pedigree
research.28 42
Contacting all members of a pedigree could represent a
broad-scale intrusion into their lives.
Some have suggested that family member "participation" could be evaluated by an IRB for consideration of waived consent.35 This mechanism, described in Title 45 of Code of Federal Regulations part 46 (45 CFR 46),23 has strict requirements and is currently applicable only to research subjects. It is unclear whether waived consent would be an appropriate paradigm for considering hearsay information about family members. However, if investigators consider these family members to be research participants, the option to waive consent is potentially available to them and their IRB. Whether or not passive participants are classified as research subjects, pedigree investigators designing research protocols need to consider the possibility that family members may incur bystander risks and implement mechanisms to minimize those risks.
Nonparticipants
Bioethical principles relating to privacy and autonomy
of one family member can conflict with principles related to autonomy
and justice for another. Similar questions about individual
responsibility in a larger societal context are debated in other
ethical
traditions.43 44 45 46
Bioethicists are exploring relationships between group and individual
rights and responsibilities in several
contexts.47 48 49
Families may be considered unique communities with instances of higher
mutual obligations. If so, family members may have some obligation to
one another with regard to participation in pedigree research. However,
there are no obligations to donate blood, bone marrow, or organs even
among family members, and there is no duty to participate in
research.
In multifamily studies, one dissenting member may preclude others from participating (eg, one twin can keep the other from being an eligible study subject). Some authors propose a concept of multiple ownership of family history, which still leaves open the question of prevailing rights.28 In the clinical context, patients have the right to discuss their family history with their physician. Although family history information that has not been verified is considered hearsay,28 it remains useful for medical decision making and risk stratification. Medical family histories have been treated as part of an individuals medical record, and privacy protections traditionally have not extended beyond routine safeguards. In research that is not focused on heritability, family historical information is often collected in an anonymous and dichotomous fashion (eg, family history of stroke is recorded as positive or negative). Pedigree research requires that medical data be linked to specific familial relationships. Including only those members of a pedigree who provide written informed consent could introduce scientific bias. If unverified family history data belong to the proband and other active participants, then we suggest that family history data may be used in research even over the objections of nonproband family members provided that the data are collected without personal identifiers and that identity cannot be inferred secondary to family relationships.
Proband-Initiated Contact Methodology
When designing pedigree research protocols using active
participation, investigators must decide how to contact family members.
Can a researcher approach family members on the basis of information
collected from the proband (so-called cold contacting)? Does the answer
to this question depend on the stigma or potential stigma associated
with the disease under study? Stroke is a relatively nonstigmatized
illness, but potential genetic risk may be stigmatizing. Discussion of
ethical considerations surrounding subject recruitment in other
research disciplines, such as epidemiological and social science
research, may offer some
guidance.26 50 51
Concepts such as "guardian consent" for groups or communities may
have relevance to pedigree
research.52 Similar to some
cluster research scenarios in which a "guardian" for the group
gives consent for the other members to be approached to participate,
the proband may be able to give consent for researchers to approach
family members. Each family member then gives or denies consent for
his/her own active participation. In cluster research, guardian consent
is used to avoid having one individuals decision to decline
participation impinge on the involvement of others in the
group.52
If probands or other nonresearchers make the initial
contact, family members can elect to be contacted by the investigator
without the investigator needing to know any personal details a
priori. In this proband-initiated contact methodology, potential
families could be identified and contacted without the investigator
breaching the privacy of individuals in the family
(Figure
). Investigators can contact family members
directly once a relationship has been established. This methodology
undoubtedly adds complexity to pedigree research. Nevertheless, the
proband-initiated contact method seeks to balance ethical and
scientific considerations and can be subjected to empirical study for
appropriateness and effectiveness in various research
contexts.
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Potentially coercive forces acting on family members change depending on who makes contact. If family members feel that their participation in research may affect the delivery of care to the proband, they may feel undue pressure to enroll in the study. Proband-initiated contact could be more or less coercive than investigator-initiated contact depending on the family. However, proband-initiated contact better simulates regular family decision-making dynamics.
| Storage and Release of Information |
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Publication and Other Intentional Release
of Information
Researchers have a duty to subjects to make important
findings publicly known but not at the expense of protection of
privacy. Journals vary in the handling of single-family
pedigrees,55 and the
acceptability of alteration of information to preserve anonymity is
still
debated.56 57 Two
guidelines for publication of pedigrees both call for informed consent
by the patient for publication of identifying
information.56 57
These recommendations do not clarify what information is
"identifying," nor do they specify whether all family members in a
pedigree constitute "patients." Publishing potentially identifying
information without consent may constitute forcing an
investigator-subject relationship on family members without
consent.58 The risk of
accidental discovery of published personal clinical information without
proper counseling needs to be
considered.59
When any release of clinical data is planned, potential legal and fiduciary obligations to the proband and family members, who have or have not consented, merit consideration during the planning phase.
Release of data to future researchers for exploratory analyses and systematic overviews is increasingly common. Although all future analyses cannot be anticipated, the potential for them should be discussed, and options for informed consent should be planned.
Proband Access to Information
During the informed consent process for many types of
clinical research, participants are routinely offered access to
relevant individual data and the results of the research on study
completion. In pedigree research this practice may not be appropriate
since the clinical implications of the results may not be known with
certainty. Adequate comprehension of the implications of pedigree and
genetic information may be difficult to achieve outside of formal
genetic counseling. During the design phase of a study, decisions
should be made and procedures specified for relaying or withholding
information about risk for the disease under investigation and for
other inherited diseases identified during the course of research or
subsequent analyses. Decisions about who on the research team
bears the responsibility of relaying information and to whom the
information should be conveyed ought to be made before subject
recruitment.
Family Access to Information
In the clinical setting, release of information to
at-risk family members outside of a patient-physician relationship can
be appropriate and, at times, is
imperative.28 In the
research setting, the degree of risk is likely less certain, and
therefore arguments in favor of releasing information to family members
may not carry the same weight. Additionally, persons who decline to
contribute to the pedigree may have diminished rights to request access
to information collected even though it may affect their understanding
of genetic risk.
Decisions about disclosure to other family members can be discussed with active participants in pedigree research at the time of initial consent. In fully validated pedigrees, family members can discuss issues about disclosure within the family and agree on how to handle disclosure. In research using proband-derived pedigrees, direct disclosure by the researchers to other family members is less likely to be an issue but could be decided on by the proband. Partially validated pedigrees have unique problems since concealment of identity within the family may not be possible. Information on children in a pedigree may allow accurate inference about the risk status of their parents analogous to asymptomatic genetic testing in autosomal dominant diseases in clinical practice. Conflict may occur, such as when one member of a family asks to see pedigree information and another family member gives information with the stipulation that no one in the family finds out about it.
Third Party Access to Information
Society is currently conflicted about its preferences
over privacy and confidentiality; the Office of Management and Budget
recently proposed increased public access to data collected as part of
federally funded medical
research,60 while privacy
concerns have dominated discussions of the Health Insurance Portability
and Accountability Act.61
Although family history data are not equivalent to genetic information,
third party access to family history data could affect an individuals
access to affordable
healthcare.32 When pedigree
data are linked to genetic data, third parties may attempt to get
access to the information to look at other areas of the genome for
disease genes. Release of research data to such third parties without
consent by research participants is a significant violation of
confidentiality. However, many research participants do not realize
that some healthcare coverage agreements have clauses that include, or
could be construed to include, consent for the agency to collect
information from researchers. Some investigators are informing
potential research participants of this possibility.
Third parties may attempt to compel disclosure if information is stored in any identifiable way. In the United States, Certificates of Confidentiality may offer some legal protection for researchers from compelled disclosure.62 They have typically been used in mental health and substance abuse research63 and may have applications in pedigree and genetic research.64 However, these certificates offer no protection in the aforementioned situation in which a researcher is presented a signed consent for release of information. The only protection when this type of release is truly undesiredon the part of the researcher or on the part of the participant, even if signed consent was obtainedmay be maintaining the data without any personal identifiers rendering them completely anonymous. One of the authors (J.F.M.) obtained a Certificate of Confidentiality from the National Institute of Mental Health for the Siblings With Ischemic Stroke Study, a multicentered trial investigating genetic causes of ischemic stroke.65 Obtaining Certificates of Confidentiality may become increasingly important as pedigree, genetic, and genomic research continues to progress at a rapid rate.
Individual and the Greater Community
Issues
Recently, DeCode, a commercial venture in Iceland,
obtained a license for a national database linking medical records
to genetic material, renewing concerns about community versus
individual rights in the era of genetic
research.66 This is notable
because the company sought and obtained authorization to create this
database using the ideas of "community consent" and "presumed
consent" for individuals with an anonymous option to "opt out"
for those who wish to decline
participation.67 This has
led to extensive public68
and professional
debates,67 69
particularly on the potential linking of medical records to DNA
data that may not be sufficiently
secure.70 However, since use
of the database for genotypic exploration requires explicit individual
consent, those in charge of the database believe that the potential for
unchecked exploration of genetic foundations for diseases will be
low.67 Public opinion
strongly favors the
database,68 although
approximately one tenth of the Icelandic population has declined to
participate.69 Some have
raised the concern that in such a small country as few as 3 pieces of
basic information may allow identification of individuals despite
efforts to de-identify the
data.71
Concerns about use of data and cultural implications of data are receiving renewed attention in communities such as Native American tribes. Disclosure of population-based data could adversely affect group privacy.48 The rights and responsibilities of groups may also depend on their degree of identification as a community.47 72 These unresolved issues are being actively discussed in the public health arena, and how they are resolved will likely affect pedigree and genetic research in discrete populations. The issues around privacy and disclosure are on the forefront of national debate not only because of advances in genetics but also because of the increased potential for and recent steep rise in rapid information sharing in this electronic information age.
| Conclusions |
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| Acknowledgments |
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| Footnotes |
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The opinions expressed are those of the authors and do not necessarily reflect the opinions or policies of the National Institutes of Health or the Department of Health and Human Services.
Received November 1, 2000; revision received February 28, 2001; accepted March 7, 2001.
| References |
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Federal Register. 1995;60:3326233294. Available at:
http://hippo.findlaw.com/hippoadv.html# Anchor64566. Accessed September
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