Final Assessment

HCMG730 HCMG 730 Ethical and Legal Perspectives in Health Care

February 17, 2014

Final Assessment 1

Introduction

The United States has been known for its role in different research. The era of the 1960’s proved to bring some interesting practices in society. It was a time that curiosity found its way into science, psychotherapy, and experimental social pleasure. The 1960’s the United States saw the government; specifically the CIA conduct experiments on the hallucinogenic drug, LSD. They used a host of individuals from the military to the mentally ill. In an effort to justify the experiments they relied on earlier research and the potential for military warfare. Researchers did not inform participates of the fact that they were taking LSD. To add to the lack of honesty and integrity they were not aware it would expose their gametes to possible damage. Researchers also used information of participates data forms to track individuals thought to be dissident during a period of wars. After all the experiments and chances taken by research subjects; they compromised lives and future generation and made LSD illegal in the latter 1960’s.

Final Assessment 2

1. To what extent did the government have an obligation to inform the research subjects of possible genetic damage to their future offspring? The United States Government is as any other public and/or private entity responsible for providing information to those involved and their health, welfare, and well being challenges and risk. When faced with the decision to tell the truth and nothing but the truth a court of law expects people to abide by that statement under oath. When it came to the dishonesty and manipulation of the United States Government and the experiments on the hallucinogenic drug, LSD there was no good intentions. They were obligated to share the all aspects of the experiments without any limitations. “During the project, LSD was administered to a wide range of select and the general public to study their reactions, usually without the subject’s knowledge. Most of these studies were conducted in hospital settings and were carefully monitored.” (Mortal Journey, 2011) People’s families for generations are subject to the careless behaviors of the government. Since most of the studies were conducted in hospital settings, it is fair to say they were under the legal obligation to inform the research subjects (patients) of their situation. This leaves the United States Government liable under the case of Consent and Informed Consent Case Compliments of Versuslaw relating to Cobbs v. Grant, 8 Cal. 3d 229, 502 P.2d 1, 104 Cal. Rptr. 505. Where there any infractions of law or statutes? I believe there were infractions of the law because the research subjects were not informed and did not provide consent for the experiments. At no point was the research experiment acceptable at any level. If so, what law or statute takes precedence? The Consent and Informed Consent takes precedence in the situations of the 1960’s hallucinogenic drug, LSD experiments. When, if ever, should the information provided by research subjects be made available to interested agencies and/or authorities for nonmedical reasons? I believe information that is provided by research subjects should be made available with the consent of the subjects. The only other time I feel it is acceptable is if there is a medical epidemic that may jeopardize the lives of others. The HIPAA Law should allow for privacy of patients. Although the research subjects in the LSD experiments are not theoretically under that law; I do want it to be reflective of the way patient information is issued and/or tracked.
Final Assessment 3

If so, is this practice ethical? To make information available to interested agencies and/or authorities for nonmedical reasons is not an ethical practice. In general there have to be circumstances, protocol, and legal procedures in place to properly disseminate medical information of people. Healthcare providers have taken an oath and have regulations under even in 1963 in the legal case of Helman v. Sacred Heart Hospital. This case can be a reflection of the gametes in the research subjects in the experiments of LSD are jeopardized their future and the infection encountered with the standard of care with Staphylococus aureous in the 1963 legal case. What law or statutes takes precedence? The statute for standards of care takes precedence. It set the tone for accountability of healthcare providers who are involved with the treatment and care of any/all patients.
3. If the study involves a nontherapeutic intervention, would that make a difference as to what the researchers should do? It does not matter if the study involved nontherapeutic intervention. In the area of healthcare the level of care and consideration for research subjects does not make a difference. “Therapy was not the goal of their investigations with LSD. Mind control was.”( Lee, Shlain, 1985) There are standards for medical studies. It simply does not give anyone an opportunity because it is a different type of study. Why not? Because when it comes to the care of a person there should be no separation of decision-making. Regardless to whether it is for healing or curing I consider the use of LSD being used because it gained acceptance during the 1950’s as psychologists began using it in patient therapy. Many psychiatrists began taking the drug recreationally and sharing it with their friends. Scientists started to research the potential applications of the drugs in psychotherapy and treatment of mental disorders. (Kansra, Shih, 2012) I believe that played a major role in the in the decision the government and physician decided it was without merit to inform the research subjects of the study or the potential effects of LSD. If so, is this practice ethical? If it were so, it is not an ethical practice. The efforts to care and study of any patients deem high standards health care in a hospital setting.

Final Assessment 4

4. Has the US government been involved in other experiments that may have caused injury to the participants? Yes, the United States Government has been involved in other experiments that may have caused injury to the participants. The most interesting thing about the United States Government is they have continued to impose unethical studies on groups of people. The studies are not limited to civilians. Observe the number experiments that have caused injury to participants. United States Government Experiments:
1. Mind Control, Child Abuse - Project MKULTRA, Subproject 68 2. Mustard Gas Tested on Soldiers via Involuntary Gas Chambers 3. U.S. Grants Immunity to Involuntary-Surgery Monster 4. Deadly Chemical Sprays on American Cities 5. US Infects Guatemalans with STDs 6. Secret Human Experiments to Test the Effects of the Atomic Bomb 7. Injected Prisoners with Agent Orange 8. Operation Paperclip 9.Infecting Puerto Rico with Cancer 10. Pentagon Treats Black Cancer Patients with Extreme Radiation 11. Operation Midnight Climax 12.Fallout Radiation on Unsuspecting Pacific Territories 13. Tuskegee Syphilis Study If so, what was the circumstances surrounding the experiment? Of the thirteen experiments listed, the infection of the Tuskegee men with syphilis is most interesting. It was without any justification to see what would happen to those men after being injected with the STD. An explanation can only be described by the dynamic writing of the historians that explored the Tuskegee syphilis study.
The racism of the Tuskegee syphilis study is social Darwinism. This is the explanation of Joseph Earle Moore (1892–1957), and Taliaferro Clark (1867–1948) of Venereal Disease Division argued the treatment of syphilis was to diminish its effects on the patient and limit its possible spread. Moore suggested that syphilis in the black male would be an almost entirely different disease than syphilis in the white male. Clark was overtly racist about the experiment. He argued the low intelligence of blacks meant that they would not seek treatment for syphilis. Observing, and not treating, was justified because these men would not choose to be treated anyway. (Brandt, 1978)

Final Assessment 5 Conclusion: In a most interesting inner feeling, I see how mankind has failed in so many ways. Once I had researched and taken the opportunity to see Ethical and Legal Perspectives in Health Care, I grasped the carelessness in the research and study with LSD and other United States Governments experiments. The continued experiments on humans from the military, socially disadvantaged, and the general public were selected to meet the needs of scientist, mental/medical physicians, and educators lead the way for the CIA and the United States Government to justify the use of the study to support wartime in the future. It does not quite make sense to reflect on the study after it was used freely as social entertainment by a nation. Seemingly after it got the attention of more people like Dr. Tom Leary of Harvard University and his friends; it lost it value. Something tells me the way the government used the drugs after they made them illegal was all by design. The struggle lies in the trying to understand why the scientist and the CIA disregard the gametes effects of both children and adults. The laws and statues that address the ethics, standards of care, precedence cases, and intentional infliction of emotional distress are topics that need to be addressed as healthcare providers engage in research and studies in hospital settings with the United States Government. Regardless to the HIPAA, Hippocratic Oath, and standards of care as related to research subjects and patients in general, there is a problem in laws and statues. Since we are continuously not being ethical perplexing. In 1975, Gerald D. Klee confirmed reports that secret research with soldiers of hallucinogenic drug was done in the 1950s.( Psychology & Sociology, 2013) The fact is all records were destroyed in January 1973. The CIA Director Richard Helms made the order. In spite demanding inquiries from the Health Subcommittee and the Intelligence Committee, the records or information were not forthcoming. (,1977) They is no end to what will continue the practices of healthcare providers and the United States Governments decision to make chances that will affect the lives of many people for many generations to come.

Final Assessment 6

References

Brandt, Allan M., “Racism and Research: The Case of the Tuskegee Syphilis Study”, Hastings Center Report 8 (6): 21–29, 1978.
Kansra, Nikita, Shih, Cynthia W., “Harvard LSD Research Draws National Attention” May 21, 2012
Lee, Martin A., Shlain, Bruce, “Acid Dreams”, New York: Grove Weidenfeld, 1985.
Mortal Journey, “Lysergic acid diethylamide (LSD) or Acid in the 1960′s”, January 17, 2011
Psychology & Sociology, “Gerald D. Klee dies at 86; psychiatrist involved in Army LSD experiments”, in, March 9, 2013
United States Senate Ninety-Fifth Congress First Session, “Behavioral Modification: Joint Hearing before the Select Committee on Intelligence and the Subcommittee on Health And Scientific Research of the Committee on Human Resources”, August 3, 1977