Consent to research: Research into treatment in emergencies

1. 33. You may want to undertake urgent research into procedures or treatments used in emergencies when a person is unconscious or otherwise unable to make a decision. In an emergency situation it is not always possible to get consent to involve a person in research using the standard consent procedures.
2. 34. The Mental Capacity Act 2005 permits urgent research in emergencies to start when it is not practical to consult someone about involving a person who lacks capacity in research. In this situation you must either get agreement from a doctor not involved in the research, or follow a procedure approved by a research ethics committee. Similarly, you can start a clinical trial of investigational medicinal products when it needs to be undertaken urgently if you cannot get the consent of a legal representative, as long as a research ethics committee has given approval for such action. The Adults with Incapacity (Scotland) Act 2000 provides for emergency clinical trials of investigational medicinal products but not for other types of emergency research. If this situation arises you should seek legal advice on how to proceed.
3. 35. You must follow the law on continuing to involve in emergency research an adult who lacks capacity. You must get consent from the adult as soon as possible if they recover capacity.