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45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 then looking at a new -- not actually genetic test but a new kind of test to make predictions about who would have recurrence or who would die from their disease. They took 104 samples completely anonymous -- I mean, to the researcher anonymous but obviously to the pathologist who drew them out and wanted to correlate clinical information with the tissue sample. So that is a paradogmatic case, I would think, of that box. There was no interest in identifying ethnic groups or racial groups or other groups. Okay. So the question is these women did not consent to this research when they came in for their biopsy. They may have signed a general consent that their samples because it is a teaching hospital would be used for education and research purposes. So what kind of risk do they face and what kind of protections do we want to put into place was the question. In the boxes you can see the recommendations that we are suggesting, that the IRB -- I mean, it should be said that under current proposal, under current Common Rule guidelines no IRB review for this necessary and no consent necessary. At least that is our interpretation of the guidelines. MR. CAPRON: Could you explain one aspect of

46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the research? The researcher here is the geneticist, is that right? DR. EMANUEL: This actually turns out not to be a genetics study, which is I think relevant. Not all of the studies that should be -- I mean, we have not emphasized that but this does not only apply to the genetics. MR. CAPRON: Right. But where genetics -- our task starting off with was to look at this from a genetics point of view. Let's try genetics for a second. DR. GREIDER: We have debated that a lot. MR. CAPRON: Who is doing the study? I mean, it is not the person who holds the samples. DR. EMANUEL: That is the pathologist. No, it is a researcher, a separate researcher. MR. CAPRON: A researcher. He or she is looking at the tissue sample for some reason? DR. EMANUEL: Right. MR. CAPRON: Right. And what he or she has done has gone to the colleague in pathology and said, "Can you send me 100 samples of women who came in and had biopsies taken and who had X, Y, Z disease," is that correct?

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then look<strong>in</strong>g at a new -- not actually genetic test but a<br />

new k<strong>in</strong>d of test to make predictions about who would have<br />

recurrence or who would die from their disease.<br />

They took 104 samples completely anonymous -- I<br />

mean, to the researcher anonymous but obviously to the<br />

pathologist who drew them out and wanted to correlate<br />

cl<strong>in</strong>ical <strong>in</strong>formation with the tissue sample. So that is a<br />

paradogmatic case, I would th<strong>in</strong>k, of that box. There was<br />

no <strong>in</strong>terest <strong>in</strong> identify<strong>in</strong>g ethnic groups or racial groups<br />

or other groups.<br />

Okay. So the question is these women did not<br />

consent to this research when they came <strong>in</strong> for their<br />

biopsy. They may have signed a general consent that their<br />

samples because it is a teach<strong>in</strong>g hospital would be used for<br />

education and research purposes. So what k<strong>in</strong>d of risk do<br />

they face and what k<strong>in</strong>d of protections do we want to put<br />

<strong>in</strong>to place was the question.<br />

In the boxes you can see the recommendations<br />

that we are suggest<strong>in</strong>g, that the IRB -- I mean, it should<br />

be said that under current proposal, under current Common<br />

Rule guidel<strong>in</strong>es no IRB review for this necessary and no<br />

consent necessary. At least that is our <strong>in</strong>terpretation of<br />

the guidel<strong>in</strong>es.<br />

MR. CAPRON: Could you expla<strong>in</strong> one aspect of

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