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for NIH was extended to the whole of the Public Health<br />

Service and this beg<strong>in</strong>s part of the history of the<br />

discomfort <strong>in</strong> this area because the mov<strong>in</strong>g force rema<strong>in</strong>ed<br />

the NIH and the IRB/DRG.<br />

(Slide.)<br />

In 1972 Robert Marston, who was Director of the<br />

<strong>National</strong> Institutes of Health, faced with the emerg<strong>in</strong>g<br />

scandal of the Tuskegee study, which had been a PHS study<br />

and not an NIH study but was focus<strong>in</strong>g on the government's<br />

<strong>in</strong>volvement <strong>in</strong> research and with Senate hear<strong>in</strong>gs go<strong>in</strong>g <strong>in</strong>to<br />

a wide range of other questionable research, changed the<br />

Institutional Relations Branch <strong>in</strong>to the -- that aspect of<br />

their work <strong>in</strong>to the Office for Protection of Research<br />

Risks, which he lodged <strong>in</strong> the Office of the Director.<br />

(Slide.)<br />

At this time there were some <strong>in</strong> Congress who<br />

favored enact<strong>in</strong>g legislation with sanctions for violations<br />

of human subjects rights but this was steadfastly opposed<br />

by the <strong>National</strong> Institutes of Health and eventually an<br />

agreement was worked out and the DHEW relented on the<br />

notion that it should not have any regulations as such.<br />

There previously had been a policy, not regulations. They<br />

should not have regulations. They agreed they would have<br />

regulations and the Senate backed off of the notion of

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