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NIH Collaboratory
Living Textbook of
Pragmatic Clinical Trials

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Rethinking Clinical Trials

A Living Textbook of Pragmatic Clinical Trials

  • Design
    • What is a Pragmatic Clinical Trial?
    • Decentralized Pragmatic Clinical Trials
    • Developing a Compelling Grant Application
    • Experimental Designs and Randomization Schemes
    • Endpoints and Outcomes
    • Analysis Plan
    • Using Electronic Health Record Data
    • Building Partnerships and Teams to Ensure a Successful Trial
    • Intervention Delivery and Complexity
    • Patient Engagement
  • Data, Tools & Conduct
    • Assessing Feasibility
    • Acquiring Real-World Data
    • Assessing Fitness-for-Use of Real-World Data
    • Study Startup
    • Participant Recruitment
    • Monitoring Intervention Fidelity and Adaptations
    • Patient-Reported Outcomes
    • Clinical Decision Support
    • Mobile Health
    • Electronic Health Records–Based Phenotyping
    • Navigating the Unknown
  • Dissemination & Implementation
    • Data Sharing and Embedded Research
    • Dissemination Approaches for Different Audiences
    • Implementation
    • End-of-Trial Decision-Making
  • Ethics & Regulatory
    • Privacy Considerations
    • Identifying Those Engaged in Research
    • Collateral Findings
    • Consent, Disclosure, and Non-Disclosure
    • Data and Safety Monitoring
    • Ethical Considerations of Data Sharing in Pragmatic Clinical Trials
    • Ethics for AI and ML
    • IRB Responsibilities and Procedures

Introduction – ARCHIVED

CHAPTER SECTIONS

Consent, Disclosure, and Non-Disclosure


Section 1

Introduction – ARCHIVED

version 1.0 - removed 10/18/2022 go to latest version

Expand Contributors

Jeremy Sugarman, MD, MPH, MA
Kevin Weinfurt, PhD

Contributing Editor
Karen Staman, MS

As with any type of clinical research, it is important to protect the rights, interests and welfare of human subjects. This is based on the ethical principle of respect for persons (or autonomy). This principle generally requires that a competent person has a right to decide what is or is not done to them. In research, a primary mechanism for achieving this is through the informed consent process.

Who might need to be protected/considered?

The issue of identifying a research subject is fairly straightforward in conventional research, and the overarching regulations governing research were designed with this type of research in mind.

The Federal Policy for the Protection of Human Subjects, also known as the Common Rule, is a set of rules for the protection of human subjects (45 CFR 46 subpart A). The Common Rule defines a human subject as "a living individual about whom an investigator (whether professional or student) conducting research obtains

(1) Data through intervention or interaction with the individual, or
(2) Identifiable private information §46.102."

With pragmatic clinical trials (PCTs), identifying those who need to be considered—and the appropriate methods for respecting their autonomy—becomes more complicated. Smalley et al (2015) define 3 categories of research participants in PCTs: direct participants, indirect participants, and collateral participants. Recognizing the different individuals and manner in which they may be affected by pragmatic research can help to ensure their rights and welfare are protected. For example, because PCTs are conducted in real-world settings, they may affect individuals by way of routine exposure to an environment (eg, a hospital) in which a PCT is being conducted. For example, when PCTs are cluster randomized (ie, the unit of randomization is the facility, provider, community, etc), individuals may be indirectly exposed to an intervention. In other words, they may not be the direct target of the intervention (direct participant), but they may be exposed to it nonetheless (indirect participant). Finally, although this group is not considered to be "research subjects" in US federal regulations, collateral participants exist; these are patients, caregivers, and patient advocacy groups who may be affected by the occurrence or findings of the trial. Consideration of this population and effective communication with them is important (Smalley et al 2015).

What are the risks to participants?

The idea behind informed consent is that people need to be afforded the opportunity to weigh the relative risks, possible benefits, and potential burdens of a research study before deciding whether to participate. The risks involved in some research are largely informational—the risk of harm is not physical at all—but comes from inappropriate disclosure of private information. For other research, the risks involved may be deemed "minimal" by an IRB, especially if the treatments being compared are each considered standard of care and the research interventions do not pose substantial risks or burdens.

With PCTs, there may be several approaches related to the autonomy interests. In this chapter, we review three broad approaches: informed consent, disclosure and authorization, and nondisclosure. We also examine data on people's preferences regarding consent, disclosure and authorization, and nondisclosure.

Next Section

SECTIONS

CHAPTER SECTIONS

sections

  1. Introduction – ARCHIVED
  2. Informed Consent – ARCHIVED
  3. Alternative Approaches to Disclosure and Authorization – ARCHIVED
  4. Non-disclosure of Research Activities – ARCHIVED
  5. Data on Different Approaches to Disclosure – ARCHIVED

Resources

Special Issue of Clinical Trials
This page provides background and links to a series of 12 articles on the ethics and regulatory challenges in pragmatic clinical trials. Each article in the special issue of Clinical Trials describes an issue in detail (eg, privacy, identifying research participants) and, where possible, attempts to provide guidance for future PCTs.

Legal and Ethical Architecture for Patient-Centered Outcomes Research (PCOR) Data (“Architecture”)
This document provides a collection of tools and resources aimed at helping a broad audience of stakeholders understand the ethical and regulatory requirements related to collecting, using, sharing, and disclosing PCOR data.

Common Rule
The Federal Policy for the Protection of Human Subjects

REFERENCES

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Smalley JB, Merritt MW, Al-Khatib SM, McCall D, Staman KL, Stepnowsky C. 2015. Ethical responsibilities toward indirect and collateral participants in pragmatic clinical trials. Clin Trials. 12:476-484. doi:10.1177/1740774515597698. PMID: 26374687.

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Version History

July 3, 2020: Minor corrections to layout and formatting (changes made by D. Seils).

Published August 25, 2017

current section :

Introduction – ARCHIVED

  1. Introduction – ARCHIVED
  2. Informed Consent – ARCHIVED
  3. Alternative Approaches to Disclosure and Authorization – ARCHIVED
  4. Non-disclosure of Research Activities – ARCHIVED
  5. Data on Different Approaches to Disclosure – ARCHIVED

Citation:

Weinfurt K, Sugarman J. Consent, Disclosure, and Non-Disclosure: Introduction – ARCHIVED. In: Rethinking Clinical Trials: A Living Textbook of Pragmatic Clinical Trials. Bethesda, MD: NIH Pragmatic Trials Collaboratory. Available at: https://rethinkingclinicaltrials.org/chapters/design/consent-disclosure-non-disclosure-top/consent-disclosure-and-non-disclosure-introduction/. Updated December 3, 2025. DOI: 10.28929/021.

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