Register      Login
Australian Health Review Australian Health Review Society
Journal of the Australian Healthcare & Hospitals Association
RESEARCH ARTICLE

Informed consent in a vulnerable population group: supporting individuals aging with intellectual disability to participate in developing their own health and support programs

Stuart Wark A D , Catherine MacPhail B , Kathy McKay C and Arne Müller A
+ Author Affiliations
- Author Affiliations

A School of Rural Medicine, University of New England, Armidale, NSW 2351, Australia. Email: amuelle3@une.edu.au

B School of Health, University of New England, Armidale, NSW 2351, Australia. Email: cmacphai@une.edu.au

C School of Education, University of New England, Armidale, NSW 2351, Australia. Email: kmckay8@une.edu.au

D Corresponding author. Email: swark5@une.edu.au

Australian Health Review 41(4) 436-442 https://doi.org/10.1071/AH15235
Submitted: 16 December 2015  Accepted: 6 July 2016   Published: 19 August 2016

Abstract

Objective The aim of the present study was to explore the use of complementary consent methodologies to support a potentially vulnerable group of people, namely those aging with intellectual disability, to provide personal input. It was premised on the view that processes to determine capacity for consent, appropriately modified to account for individual capabilities and current circumstances, could facilitate meaningful participation in the development of personal health care plans of people previously excluded from contributing.

Methods The present descriptive case study research was undertaken in New South Wales, Australia. A seven-step process for determining capacity for consent was developed, and 10 participants aged between 54 and 73 years with lifelong intellectual disability and health comorbidities were involved. A variety of assistive communication tools was used to support individuals to demonstrate their capacity for giving informed consent.

Results After being provided with tailored support mechanisms, seven participants were considered to meet all seven components for determining capacity for consent. Three participants were deemed not to have capacity to give consent regardless of the type of support provided.

Conclusions Three critical factors for facilitating personal involvement in decision making for individuals with an intellectual disability were identified: (1) defining consent specifically for the target outcome; (2) outlining the criteria needed for consent to be obtained; and (3) using appropriately modified alternative communication mechanisms as necessary.

What is known about the topic? Self-determination is one of the fundamental principles of human rights legislation around the world and, as such, it is considered desirable to have personal input by individuals into the development of their own health care plans. However, this is not always considered feasible if the person comes from a group in the community perceived to be vulnerable to exploitation and viewed as lacking capacity to give informed consent. This results in the use of proxy respondents, who may not accurately represent the desires and life aspirations of the individual.

What does this paper add? This paper examines the development and implementation of a targeted program to support individuals aging with lifelong intellectual disability to demonstrate their capacity to provide informed consent. Specifically, it outlines how alternative communications methods, tailored to personal needs and capacity, can assist an individual to both understand and then confirm their understanding of consent in order to participate in developing health care plans.

What are the implications for practitioners? People with intellectual disability are now living longer and are increasingly at risk of serious health conditions. The development of long-term health management plans has traditionally not included individuals with more complex needs and moderate intellectual disability, but the present study shows that members of this cohort can successfully understand and consent to participate in health care decision making. By proactively supporting this process, community and healthcare settings may be able to directly facilitate contribution from more individuals, therefore better meeting the goal of person-centred support.


References

[1]  Hayes P, Roth J. The Oxford handbook of Holocaust studies. Oxford: Oxford University Press; 2010.

[2]  Mostert M. Useless eaters: disability as genocidal marker in Nazi Germany. J Spec Educ 2002; 36 157–70.
Useless eaters: disability as genocidal marker in Nazi Germany.Crossref | GoogleScholarGoogle Scholar |

[3]  World Medical Association (WMA). WMA Declaration of Helsinki: ethical principles for medical research involving human subjects. 2016. Available at: http://www.wma.net/en/30publications/10policies/b3/ [verified 18 July 2016].

[4]  World Health Organization. Nuremberg code turns 60. 2007. Available at: http://www.who.int/bulletin/volumes/85/8/07-045443/en/index.html [verified 18 July 2016].

[5]  Fischer B. A summary of important documents in the field of research ethics. Schizophr Bull 2005; 32 69–80.
A summary of important documents in the field of research ethics.Crossref | GoogleScholarGoogle Scholar | 16192409PubMed |

[6]  Calveley J. Including adults with intellectual disabilities who lack capacity to consent in research. Nurs Ethics 2012; 19 558–67.
Including adults with intellectual disabilities who lack capacity to consent in research.Crossref | GoogleScholarGoogle Scholar | 22753458PubMed |

[7]  Nind M. Conducting qualitative research with people with learning, communication and other disabilities: methodological challenges. National Centre for Research Methods; 2009. Available at: http://eprints.soton.ac.uk/65065/ [verified 18 July 2016].

[8]  Wark S, Bleechmore K. Twenty-five years of community living: changes in support staff perceptions. Disabil CBR Incl Dev 2015; 26 5–24.
Twenty-five years of community living: changes in support staff perceptions.Crossref | GoogleScholarGoogle Scholar |

[9]  Cooper S-A, McLean G, Guthrie B, McConnachie A, Mercer S, Sullivan F, Morrison J. Multiple physical and mental health comorbidity in adults with intellectual disabilities: population-based cross-sectional analysis. BMC Fam Pract 2015; 16 110
Multiple physical and mental health comorbidity in adults with intellectual disabilities: population-based cross-sectional analysis.Crossref | GoogleScholarGoogle Scholar | 26310664PubMed |

[10]  Coppus AM. People with intellectual disability: what do we know about adulthood and life expectancy? Dev Disabil Res Rev 2013; 18 6–16.
People with intellectual disability: what do we know about adulthood and life expectancy?Crossref | GoogleScholarGoogle Scholar | 1:STN:280:DC%2BC3sbgtVemtQ%3D%3D&md5=884b2bf51e4155ee1b54281ce660fe1eCAS | 23949824PubMed |

[11]  Wark S. Ageing, end-of-life care, and the National Disability Insurance Scheme: what can we learn from overseas? J Intellect Dev Disabil 2015; 40 92–8.
Ageing, end-of-life care, and the National Disability Insurance Scheme: what can we learn from overseas?Crossref | GoogleScholarGoogle Scholar |

[12]  Disability A, Care H. Exploring and implementing person centred approaches: a guide for NSW community participation program service providers. Sydney: NSW Department of Ageing, Disability and Home Care; 2009.

[13]  Commonwealth Government of Australia. My NDIS Pathway. 2016. Available at: https://myplace.ndis.gov.au/ndisstorefront/html/sites/default/files/My-NDIS%20-Pathway.pdf [verified 18 July 2016].

[14]  World Health Organization. Indigenous peoples & participatory health research. Available at: http://www.who.int/ethics/indigenous_peoples/en/index7.html [verified 18 July 2016].

[15]  National Health and Medical Research Council. National statement on ethical conduct in human research. 2015. Available at: https://www.nhmrc.gov.au/guidelines-publications/e72 [verified 10 February 2016].

[16]  Geluing L. Researching patients in a vegetative state: difficulties of studying this patient group. NT Research 2004; 9 7–17.
Researching patients in a vegetative state: difficulties of studying this patient group.Crossref | GoogleScholarGoogle Scholar |

[17]  Buccini L, Jones D, Iverson C, Caputi P. Toward a construct definition of informed consent comprehension. 2009. Available at: http://ro.uow.edu.au/edupapers/98 [verified 18 July 2016].

[18]  Attorney General’s Department of NSW. Capacity toolkit. 2008. Available at: http://www.diversityservices.lawlink.nsw.gov.au/divserv/ds_capacity_tool.html [verified 18 July 2016].

[19]  Royal College of Nursing (RCN). Research ethics: RCN guidance for nurses. London: RCN; 2009.

[20]  NSW Government – Justice – Public Guardian. Guardianship - Medical/dental practitioners. 2016. Available at: http://www.publicguardian.justice.nsw.gov.au/Pages/publicguardian/pg_guardianship/pg_medicalpractioners.aspx [verified 18 July 2016].

[21]  Ageing Disability and Home Care. Health planning procedures. 2016. Available at: http://www.adhc.nsw.gov.au/__data/assets/file/0009/373446/Health-Planning-Procedures.pdf [verified 18 July 2016].

[22]  Cummins R. Proxy responding for subjective well-being: a review. Int Rev Res Ment Retard 2002; 25 183–207.
Proxy responding for subjective well-being: a review.Crossref | GoogleScholarGoogle Scholar |

[23]  Cea C, Fisher C. Health care decision-making by adults with mental retardation. Ment Retard 2003; 41 78–87.
Health care decision-making by adults with mental retardation.Crossref | GoogleScholarGoogle Scholar | 12622524PubMed |

[24]  Fisher C, Cea C, Davidson P, Fried A. Capacity of persons with mental retardation to consent to participate in randomized clinical trials. Am J Psychiatry 2006; 163 1813–20.
Capacity of persons with mental retardation to consent to participate in randomized clinical trials.Crossref | GoogleScholarGoogle Scholar | 17012694PubMed |

[25]  Dye L, Hare D, Hendy S. Capacity of people with intellectual disabilities to consent to take part in a research study. J Appl Res Intellect Disabil 2007; 20 168–74.
Capacity of people with intellectual disabilities to consent to take part in a research study.Crossref | GoogleScholarGoogle Scholar |

[26]  Ellem K, Wilson J, Chui W, Knox M. Ethical challenges of life story research with ex-prisoners with intellectual disability. Disabil Soc 2008; 23 497–509.
Ethical challenges of life story research with ex-prisoners with intellectual disability.Crossref | GoogleScholarGoogle Scholar |

[27]  Iacono T, Murray V. Issues of informed consent in conducting medical research involving people with intellectual disability. J Appl Res Intellect Disabil 2003; 16 41–51.
Issues of informed consent in conducting medical research involving people with intellectual disability.Crossref | GoogleScholarGoogle Scholar |

[28]  Dunn A, Kroese B, Thomas G, McGarry A, Drew P. ‘Are you allowed to say that?’ Using video materials to provide accessible information about psychology services. Br J Learn Disabil 2006; 34 215–9.
‘Are you allowed to say that?’ Using video materials to provide accessible information about psychology services.Crossref | GoogleScholarGoogle Scholar |

[29]  Rapley M, Antaki C. A conversation analysis of the ‘acquiescence’ of people with learning disabilities. J Community Appl Soc Psychol 1996; 6 207–27.
A conversation analysis of the ‘acquiescence’ of people with learning disabilities.Crossref | GoogleScholarGoogle Scholar |

[30]  Goldsmith L, Skirton H, Webb C. Informed consent to healthcare interventions in people with learning disabilities: an integrative review. J Adv Nurs 2008; 64 549–63.
Informed consent to healthcare interventions in people with learning disabilities: an integrative review.Crossref | GoogleScholarGoogle Scholar | 19120568PubMed |

[31]  Aman M, Handen B. Reactions to ‘Ethical challenges and complexities of including people with intellectual disability as participants in research’ by Dr. Teresa Iacono. J Intellect Dev Disabil 2006; 31 180–2.
Reactions to ‘Ethical challenges and complexities of including people with intellectual disability as participants in research’ by Dr. Teresa Iacono.Crossref | GoogleScholarGoogle Scholar |

[32]  Dalton A, McVilly K. Ethical guidelines for international multicenter research involving people with intellectual disabilities. J Policy Pract Intell Disabil 2004; 1 57–70.
Ethical guidelines for international multicenter research involving people with intellectual disabilities.Crossref | GoogleScholarGoogle Scholar |

[33]  Cameron L, Murphy J. Obtaining consent to participate in research: the issues involved in including people with a range of learning and communication difficulties. Br J Learn Disabil 2007; 35 113–20.
Obtaining consent to participate in research: the issues involved in including people with a range of learning and communication difficulties.Crossref | GoogleScholarGoogle Scholar |

[34]  Gilbert T. Involving people with learning disabilities in research: issues and possibilities. Health Soc Care Community 2004; 12 298–308.
Involving people with learning disabilities in research: issues and possibilities.Crossref | GoogleScholarGoogle Scholar | 15272885PubMed |

[35]  Becker H, Roberts G, Morrison J, Silver J. Recruiting people with disabilities as research participants: challenges and strategies to address them. Ment Retard 2004; 42 471–5.
Recruiting people with disabilities as research participants: challenges and strategies to address them.Crossref | GoogleScholarGoogle Scholar | 15516178PubMed |

[36]  Yin R. Case study research: design and methods (applied social research methods). 4th edn. Los Angeles: Sage; 2009.

[37]  Thomas G. How to do your case study: a guide for students and researchers. Thousand Oaks, CA: Sage; 2011.

[38]  McConkey R, Morris I, Purcell M. Communications between staff and adults with intellectual disabilities in naturally occurring settings. J Intellect Disabil Res 1999; 43 194–205.
Communications between staff and adults with intellectual disabilities in naturally occurring settings.Crossref | GoogleScholarGoogle Scholar | 10392606PubMed |