Dear All

 

You might find the following interesting and useful (with thanks to David Hunter, a member of the UUREC, for persevering with this).

 

Nick Curry

University of Ulster

  


From: HTA Enquiries [mailto:[log in to unmask]]
Sent: 16 January 2007 08:24
To: David Hunter
Subject: RE: Research ethics approval

 

Dear David,

Thank you for your enquiry. Your interpretation of the Human Tissue Act 2004 requirements is correct.  In summary, the storage of human tissue or cells for the scheduled purpose of research requires a licence unless appropriate ethics approval is in place. There is no requirement under the Human Tissue Act 2004 for you to obtain ethics approval from a REC recognized under the Act if you are storing the tissue and cells under a licence.

In cases where consent has not been obtained to store and use tissues or cells for research, tissue or cells will need to be anonymised and ethics approval for the research from a committee recognized under the Act will be required. However it is always good practice to seek consent where possible.  Please see our Code of Practice on consent for more information http://www.hta.gov.uk/guidance/codes_of_practice.cfm.

 

Where appropriate consent is not in place, ethics approval may be required.

1. The human tissue act/authority does not require all research involving human tissue to seek ethical approval. (Though it may regard it as good practise)

This is correct.

 

2. It does require ethical approval from an appropriate committee in two cases; firstly when human tissue research is being done without a license, secondly when research is being done on suitably anonymous residual tissue samples acquired without specific consent for their use in research. (If there are other cases where ethical approval is required I would appreciate being informed about them)

This is correct.

 

 

3. When the human tissue act/authority does require approval from an appropriate ethics committee, these committees must be independent, which effectively means either a COREC or ORECNI committee, and not a committee based in the institution carrying out the research.

This is correct.

 

 

4. However if an institution has a good practice policy of requiring ethics approval for all research projects then the requirement that these approvals comes from an independent approved committee only holds true if the research is the sort described under 2. In other words, the requirement of the independence and approved status of the ethics committee giving approval is only a requirement when the human tissue act/authority requires ethical approval.

This is correct.

 

 

 

This last point is the crucial point that needs to be clarified for us. Our institution requires all research receives ethical approval before it commences. In the past this has meant that medical research (ie that falling into the remit of NHS research ethics committees) is sent to an ORECNI committee for approval and all other research is reviewed by one of the University’s research ethics committee. A significant proportion of the applications reviewed in the past by the University’s committees involved human tissue collection and storage for research on nutrition for example.

 

We are presently now routing all research involving human tissue to an ORECNI committee for approval. I believe that this is not the intent nor the requirement of the human tissue act/authority which I read to require only in those cases described in 2 to require independent ethical review from an approved research ethics committee. Is this correct?

Yes, this is correct.

 

Regards

 

 

Human Tissue Authority

Finlaison House

15-17 Furnival Street

London EC4A 1AB

Phone: 020 7211 3400

Email: enquiries@hta.gov.uk

Web: www.hta.gov.uk

 

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From: David Hunter [mailto:[log in to unmask]]
Sent: 11 October 2006 15:49
To: HTA Enquiries
Subject: Research ethics approval

 

 

Unfortunately there is still some confusion at my institution in regards to the requirements of the human tissue act/authority in terms of seeking research ethics approval, and who is qualified to give it. As such, my institution is currently playing it safe and requiring that all research involving human tissue receives independent ethical approval from an ORECNI committee. This involves significant time wastage for both individual researchers and of ORECNI committee members who have to read through applications which really are outside their remit.

 

I would therefore like to enquiry whether the description I give below is correct.

 

1. The human tissue act/authority does not require all research involving human tissue to seek ethical approval. (Though it may regard it as good practise)

 

2. It does require ethical approval from an appropriate committee in two cases; firstly when human tissue research is being done without a license, secondly when research is being done on suitably anonymous residual tissue samples acquired without specific consent for their use in research. (If there are other cases where ethical approval is required I would appreciate being informed about them)

 

3. When the human tissue act/authority does require approval from an appropriate ethics committee, these committees must be independent, which effectively means either a COREC or ORECNI committee, and not a committee based in the institution carrying out the research.

 

4. However if an institution has a good practice policy of requiring ethics approval for all research projects then the requirement that these approvals comes from an independent approved committee only holds true if the research is the sort described under 2. In other words, the requirement of the independence and approved status of the ethics committee giving approval is only a requirement when the human tissue act/authority requires ethical approval.

 

 

This last point is the crucial point that needs to be clarified for us. Our institution requires all research receives ethical approval before it commences. In the past this has meant that medical research (ie that falling into the remit of NHS research ethics committees) is sent to an ORECNI committee for approval and all other research is reviewed by one of the University’s research ethics committee. A significant proportion of the applications reviewed in the past by the University’s committees involved human tissue collection and storage for research on nutrition for example.

 

We are presently now routing all research involving human tissue to an ORECNI committee for approval. I believe that this is not the intent nor the requirement of the human tissue act/authority which I read to require only in those cases described in 2 to require independent ethical review from an approved research ethics committee. Is this correct?

 

Yours sincerely

David Hunter

Lecturer in Bioethics

University of Ulster

Northern Ireland