Modified: 2007-01-21
There are three situations that allow researchers to dispense with informed consent. The first occurs “where research would not reasonably be assumed to create distress or harm” (American Psychological Association, 2002, p. 11). Dispensing with informed consent is permissible when the research involves:
Even in these situations, participants must not be placed at risk for legal liabilities, financial damages, employability, or reputation. Also, the participant’s confidentiality must be protected.
Dispensing with informed consent is also allowed in situations covered by federal law or institutional regulation. Whether or not informed consent is required, participants are always free to withdraw from research participation.
In The Know An exception to informed consent rules involves United States military personnel. Executive Order 13139 (September 30, 1999) allows the Department of Defense to administer “new investigational drugs” to members of the military without their consent. On October, 28, 2004, federal judge Emmett Sullivan ruled that the order did not apply to anthrax vaccines (Judge halts forcing of anthrax shots, 2004). Later, the United States Department of Defense (DoD) filed a motion to resume the vaccine (Files, 2004) and administered it to at least 250 service members despite the court’s ruling (Divis, 2005). Sullivan eventually sanctioned the resumption of the shots, but only to troops who voluntarily agree, citing a 2004 law that allows administering unapproved drugs during declared emergencies (Anthrax vaccinations allowed to resume, 2005).