Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE
Chapter 156 - REGULATIONS DEFINING UNPROFESSIONAL CONDUCT BY A PSYCHOLOGIST
Section 172-156-011 - RESEARCH WITH HUMAN PARTICIPANTS

011.01 Except in minimal risk research unless care and treatment is provided in such research, failure to establish an agreement with research participants, prior to their participation, that clarifies the obligations and responsibilities of the psychologist and of the participant. Except where the nature of the research precludes full disclosure, the failure to inform participants of all aspects of the research that might reasonably be expected to influence willingness to participate, or the failure to explain all aspects of the research about which a participant inquires, also constitute unprofessional conduct; where the nature of the research precludes full prior disclosure, or where the research is with children or with participants who have impairments, the failure to tax additional safeguards to protect the welfare and dignity of the research participants constitutes unprofessional conduct.

011.02 Where methodological requirements of a study make the use of concealment or deception necessary, unprofessional conduct includes failure of the investigator to:

011.03 Failure to grant a participant the right to decline to participate in or to withdraw from the research any time.

011.04 Failure to protect and or inform the participant of undue physical and mental discomfort, harm, and danger that may arise from research procedures; failure to inform participants of risks of such consequences; use of research procedures likely to cause serious or lasting harm to a participant unless the research has a potential benefit and fully informed and voluntary consent is obtained from the participant.

011.05 Except where scientific or humane values justify delaying or withholding information, the failure to provide participants, after data is collected, with information about the nature of the study or the failure to make reasonable efforts to remove any misconceptions that may have arisen constitute unprofessional conduct. Where scientific or humane values justify delaying or withholding this information, unprofessional conduct includes failure by the investigator to monitor the research and to ensure that there are no undue damaging consequences for participants.

011.06 Failure to make reasonable efforts to detect and remove or correct undesirable consequences for the individual participants, including long term effects.

011.07 Failure to make reasonable efforts to minimize the possibility that his or her research findings will be misleading.

011.08 Failure to make reasonable efforts to prevent distortion, misuse, or suppression of psychological findings by an institution or agency of which he or she is an employee.

011.09 Solicitation of research participants, when clinical services or other professional services are offered as an inducement for participation, without making clear the nature of the services as well as the costs and other obligations to be accepted by participants.

These Rules and Regulations recodify 172 NAC 36.6, Regulations Defining Unprofessional Conduct by a Psychologist.

Approved by Attorney General: August 24, 1992

Approved by the Governor: October 30, 1992

Filed by the Secretary of State: November 2, 1992