Nursing Law and Ethics

12.7 Notes and references

1. DoH 2000)Towards a Strategy for Nursing Research and Development: Proposals for
   Action,Department of Health, London. p. 2; Kitson, A., McMahon, A., Rafferty, A. &
   Scott, E. 1997) On developing an agenda to influence policy in health related research
   for effective nursing: a description of a national R&D priority setting exercise. 2
   Nursing Times Research323.


2. DoH *1999)Making a Difference: Strengthening the nursing, midwifery and health visiting
   contribution to health and health care.Department of Health, London.


3. Fletcher, N., Holt, J., Brazier, M. & Harris, J. *1995)Ethics, Law and Nursing,p.185.
   Manchester University Press, Manchester.


4. Fox, M. 1994) Animal Rights and Wrongs: Medical Ethics and the Killing of Non-
   human Animals. In Lee, R., Morgan, D. eds)Death Rites: Law and Ethics at the End of
   Life,Routledge, London.


5. This has proven controversial in the context of suspected abuse of child patients by
   parents. For instance, in a review of research practices at North Staffordshire Hospital
   in the 1990s, considerable controversy was generated by covert video surveillance of
   parents suspected of abuse and whether this constituted a research programme. The
   Review Group recommended that the Department of Health should issue guidance to
   aid professionals in the identification of such abuse. See NHS Executive West Mid-
   lands Regional Office,Report of a Review of the Research Framework in North Staf-
   fordshire Hospital NHS TrustThe Griffiths Review), para 12.4.1. In this regard draft
   revisions to the CIOMSInternational Guidelines for Biomedical Research Involving
   Human Subjects1993) propose that an ethical review committee must approve all
   research where there is an intention to deceive, and specify that the researcher must
   demonstrate that no other research method would suffice ± see commentary on
   Guideline 10. The guidelines are currently subject to consultation ± available from the
   Council for International Organisations of Medical Sciences CIOMS) web-site
   http://www.cioms.ch/draftguidelines_may_2001.html last visited 10 June 2001).


6. See McHale, J. & Fox, M. with Murphy, J. *1997)Health Care Law: Text and Materials,
   p. 593±5. Sweet & Maxwell, London.


7. This distinction was derived from earlier formulations of the Declaration of Helsinki ±
   see Montgomery, J. 1992) Law and Ethics in International Trials, inIntroducing New
   Treatments for Cancered. C. Williams) Wiley, Chichester.


8. See McHale, J. & Fox, M. with Murphy, J. *1997)Health Care Law: Text and Materials,
   pp. 593±5. Sweet & Maxwell, London.


9. Whyte, R. *1994) Clinical trials, consent and the doctor±patient contract.Health Law
   in Canada,15, p. 50.


10. See note 12 below.


11. For the full text of the current Declaration, see the following web-site: http://
    http://www.faseb.org/arvo/helsinki.htm *last visited 17 April 2001).


12. Although the Nazi and Japanese experiments during World War II overshadow all
    subsequent abusive medical research on humans, other infamous examples include the
    Tuskeegee experiments in 1932±1972 which used black males to determine the natural
    course of syphilis, even though the treatment had existed for centuries see Jones, J.
    1981)Bad blood: The Tuskeegee syphilis experiment,The Free Press, New York);
    experiments to test radiation as a therapy carried out in the US until the early 1970s see
    McNeil, P. 1993)The Ethics and Politics of Human Experimentation,Chapter 1, CUP,
    Cambridge); and HIV research on prostitute women in the Phillipines in the 1980s see
    Laurence, L., & Weinhouse, B. 1994/7)Outrageous Practices: How Gender Bias
    Threatens Women's Health,pp. 23±4, Rutgers University Press, New Brunswick). For

272 Nursing Law and Ethics