SSStudyParticipantsVulnerablePopulation object

Minors / Children - Studies allowed

Yes
Special provisions apply

Legal framework/Reference (Minors/Children)

Section 4 of Legislative Decree n. 211

Incapacitated persons - Studies allowed

Yes
Special provisions apply

Legal framework / Reference (Incapacitated persons)

Section 5 of Legislative Decree n. 211

Emergency situations - Studies allowed

No national legal framework available

Specific provisions

The involvement of subjects in emergency situations in a clinical trial is not explicitly mentioned in Italian law (see sections on vulnerable persons in Legislative Decree n. 211)

Conditions allowing trial participation in emergency setting without prior consent

In Italy studies can be conducted, in the absence of a legal representative, provided that:
1.The clinical trial has been approved by a National, independent EC created ad hoc for the study and including scientific, legal and ethic experts and patient representatives
2.the patient has never expressed a negative will to participation in a clinical trial
3. the investigators commit themselves to obtain patient consent whenever (and if) the patient comes back to a conscious state

NB: Despite this recommendation issued in 2012 by the Consiglio Nazionale di Bioetica, in most cases Investigators are reluctant to participate in clinical studies involving unconscious patients incapacitated to provide their consent because court involvement may be needed in many cases.

Pregnant or breastfeeding women - Studies allowed

No national legal framework available

Specific provisions

The involvement of pregnant or lactating women in a clinical trial is not explicitly regulated in Italian law (see sections on vulnerable persons in Legislative Decree n. 211).

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