Re: Human Subjects Review/Offending Populations

[carlsone@xxxxxxxxxx]

On Sun, 6 Apr 1997, Jim Dillon wrote:


>Fourth, I'm not sure that the NIH certificate of confidentiality is available
>and enforceable in state courts unless the research is federally sponsored.
> Does anybody know?


When I was getting IRB approval for interviews regarding violent behavior
in which subjects might have spontaneously volunteered that they were
abusing a child, I was told that

1.  the NIH certificates of confidentiality do not supercede state laws or
"protect" you from reporting laws

2.  if you didn't know the subject name, you would have to report anyway
and say that you didn't know the name (which is, of course, absurd)

3.  that some states require reporting of any past suspected abuse (with no
time limits)

This issue is so convoluted (especially in some states where reporting laws
are VERY broad) that you may be better off doing the whole interview in a
hypothetical format.  Perhaps you could focus on the offenders' opinions,
general preferences, etc. rather than reports of past "facts." Given the
error and biases inherent in this type of data from such as selected
sample, the information gleaned seems likely to be similar in quality to
"factual" reports by these subjects.

You obtain certificates of confidentiality through NIH.  A program officer
from a federal funding agency that sponsors research in this area (e.g.,
Violence and Traumatic Stress Branch of NIMH) should be able to tell you
who to contact to get information about certificates.  I have a name and
address from 1992, but I wouldn't rely on such an old contact in the
federal govt.

Good luck,

Eve Carlson

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Eve Carlson, Ph.D.
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carlsone@idcnet.com
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