Human Tissue Article Summary

article by Alta Charo titled, “Body of research- Ownership and Use of Human Tissue” she states that there are two key questions that researchers need to focus on that is: First, could a 1-time general consent to all future research be used? It is not clear if this type of consent would comport with Health Insurance Portability and Accountability. The HIPAA requires specific information for use of the patient's protected health information in research, unless the IRB has made a specific determination to the contrary (Charo, A. 2006). Second, does removal of an individual's information from tissue samples alleviate the risk and ethical obligations to that individual? Just because samples are deidentified does not necessarily mean that the donor doesn’t object to the research. State legislatures may also address these issues. For example, California has new funding regulations that require researchers to honor the donor's requests regarding the types of regenerative manipulations that can be done to the tissue (Charo, A. 2006). This applies even if the tissue has been anonymized. These regulations impose …show more content…
2006). This uninvited removal or use could also be considered an injury and a “deprivation of liberty.” Another question that arise is: is a person really entitled to sell their organs and specimens for profit? Do their specimens become the property of their family and could they profit from their sale? Or, should bodies and tissues be viewed as part of a “common heritage of humanity, to be used for the collective good”(Charo, A. 2006)? This approach would suggest that the public has a right to excised specimens. In fact, the American Medical Association and the HHS Advisory Committee on Organ Transplantation have considered a “presumed consent” system for organ donation (Waxman, J. M.