The use of human tissue samples in medical research: Legal issues for human research ethics committees
Access status:
Open Access
Type
ArticleAuthor/s
Magnusson, RogerAbstract
This article provides a framework for considering some of the legal issues that arise from the use of human tissue samples in medical research, particularly when human research ethics committees (HRECs) scrutinise research protocols for ethics approval. While the National Statement ...
See moreThis article provides a framework for considering some of the legal issues that arise from the use of human tissue samples in medical research, particularly when human research ethics committees (HRECs) scrutinise research protocols for ethics approval. While the National Statement on Ethical Conduct in Research Involving Humans (revising the NHMRC Statement on Human Experimentation and Supplementary Notes) provides the backbone for the regulation of medical research in Australia, HRECs also face a variety of legal issues in relation to the research. This article identifies some typical issues faced by HRECs in relation to human tissue samples before outlining the legal framework within which these issues arise. Australian human tissue legislation is discussed, together with the likely non-application of this legislation in a variety of contexts where human tissue samples are obtained. The article reviews some unresolved legal issues that emerge from research uses of human tissue, and concludes with discussion of the dual role of HRECs in seeking to ensure compliance with both ethical and legal standards.
See less
See moreThis article provides a framework for considering some of the legal issues that arise from the use of human tissue samples in medical research, particularly when human research ethics committees (HRECs) scrutinise research protocols for ethics approval. While the National Statement on Ethical Conduct in Research Involving Humans (revising the NHMRC Statement on Human Experimentation and Supplementary Notes) provides the backbone for the regulation of medical research in Australia, HRECs also face a variety of legal issues in relation to the research. This article identifies some typical issues faced by HRECs in relation to human tissue samples before outlining the legal framework within which these issues arise. Australian human tissue legislation is discussed, together with the likely non-application of this legislation in a variety of contexts where human tissue samples are obtained. The article reviews some unresolved legal issues that emerge from research uses of human tissue, and concludes with discussion of the dual role of HRECs in seeking to ensure compliance with both ethical and legal standards.
See less
Date
2000Source title
Journal of Law and MedicineVolume
7Issue
4Publisher
Thomson ReutersLicence
Copyright All Rights ReservedRights statement
This article was first published by Thomson Reuters in the Journal of Law and Medicine and should be cited as Magnusson, R. S. (2000). The use of human tissue samples in medical research : legal issues for human research ethics committees. Journal of Law and Medicine, 7(4), 390–403. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase. This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. legal.thomsonreuters.com.auFaculty/School
The University of Sydney Law SchoolShare