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like that. I just do not -- I do not know where we are <strong>in</strong><br />

here. I know there is some underly<strong>in</strong>g issue here that is<br />

not on the table.<br />

(Simultaneous discussion.)<br />

DR. CASSELL: The requirement could be for a<br />

drug company, Rhetaugh.<br />

DR. CHILDRESS: It may be that our chart is not<br />

as clear as it should be because, Eric, I am not sure how<br />

you would say <strong>in</strong> terms of non potentially beneficial<br />

research with greater than m<strong>in</strong>imal risk that this is a best<br />

<strong>in</strong>terest consideration. I mean, how could --<br />

DR. CASSELL: Well, it is like the people who<br />

participate <strong>in</strong> Phase I trials.<br />

DR. CHILDRESS: They may want to but how do we<br />

say do it as a best <strong>in</strong>terest consideration?<br />

DR. CASSELL: Well, because the person th<strong>in</strong>ks<br />

that <strong>in</strong> most <strong>in</strong>stances that some good should come of all<br />

this.<br />

DR. CHILDRESS: That is true for those who<br />

consent but I do not th<strong>in</strong>k you want to say that to the<br />

person who does not have the capacity to consent and that<br />

is the category we are talk<strong>in</strong>g about.<br />

MR. CAPRON: Eric, it does not fall with<strong>in</strong> the<br />

usual understand<strong>in</strong>g of best <strong>in</strong>terest. It seems to me that

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