SSStudyParticipantsVulnerablePopulation object

Minors / Children - Studies allowed

Yes
Special provisions apply

Legal framework/Reference (Minors/Children)

Chapter IV Art 7 of Law 7 May 2004

Incapacitated persons - Studies allowed

Yes
Special provisions apply

Legal framework / Reference (Incapacitated persons)

Chapter V Art 8 Law 7 May 2004

Emergency situations - Studies allowed

Yes
Special provisions apply

Emergency situation without prior consent of patient or proxy - Studies allowed

Yes
Special provisions apply

Conditions allowing trial participation in emergency setting without prior consent

1° the experiment relates directly to a clinical condition from which the subject, whose consent cannot be obtained due to emergency, suffers and which is life threatening or which can lead to serious and permanent injuries; the experiment is essential to validate data obtained in experiments on individuals capable to give informed consent or by other research methods;
2° the experiment has been designed to minimize pain, discomfort, fear and any other foreseeable risk in relation to the disease and developmental stage; both the risk threshold and the degree of distress shall be specially defined and constantly monitored;
3° the risks taken by the subject….are not disproportionate in relation to the benefit expected for that individual;
4° the positive opinion on the protocol is given by an ethics committee…;
5° no incentives or financial inducements are given with the exception of compensation;
6° the investigator shall respect the requirements referred to in Article 6 with regard to the subject as soon the individual regains the capacity to consent, or with regard to his representative, as referred to in Articles 7, 1° and 8, 1°, as soon as it is possible to contact him.

Legal framework / Reference (Emergency Situation)

Chapter VI Art 9 Law 7 May 2004

Pregnant or breastfeeding women - Studies allowed

No national legal framework available

Specific provisions

There are no explicit provisions for pregnant or lactating women mentioned in Law 7/2004.

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