From: Vera Hassner Sharav
President, CIRCARE:
Citizens for Responsible Care & Research, a Human Rights organization
Tel. 212-595-8974  FAX: 212-595-9086
[EMAIL PROTECTED]

FYI
An essential ingredient for any oversight agency is independence. A
boost in administrative status does not necessarily confer
independence.
 We are concerned about unreported adverse incidents & widespread abuse
of the dignitary rights of individual subjects --i.e., the right to be
fully informed in writing of the known & potential risks prior to
obtaining informed consent. Those concerns will be allayed when the new
Office of Human Research Protections headed by Dr. Greg Koski
demonstrates to the American public & the research community that those
who violate ethical standards in research involving human beings--no
matter how powerful the institution may be-- will be held accountable &
will be penalized.
~~~~~~~~~~~~~

Science
June 16, 2000

CLINICAL TRIALS:
Harvard's Koski to Lead Human Subjects Office

Eliot Marshall

As Congress steps up oversight of human clinical trials, the
Administration is getting a high-level manager of its own to watch
out for the interests of volunteers in U.S.-financed research. As
expected, Secretary of Health and Human Services (HHS) Donna Shalala
last week named anesthesiologist E. Greg Koski, 50, to run a new
HHS Office for Human Research Protections (Science, 26 May, p.
1315).

One of Koski's first jobs when he takes over in September will be
to conclude more than 170 pending investigations into alleged
infractions of regulations governing human experimentation. Koski
may also be swept into a debate on the adequacy of those regulations.
Last week a bill, H.R. 4605, was introduced by Representatives
Diana DeGette (D-CO), Henry Waxman (D-CA), and John Mica (R-FL)
that would extend HHS's authority over patients in federally funded
studies and certain private studies that are not now subject to
federal monitoring. Arguing for a "comprehensive reform," the
sponsors propose to bring all human research under a single standard,
"independent of setting and funding source." They also would like
to create a "nonprofit entity" to accredit the local Institutional
Review Boards that examine and approve clinical trials.

Koski, an M.D.-Ph.D. associate professor at Harvard Medical School
in Boston, has spent 30 years in the Harvard community, most recently
as director of human research affairs for Partners HealthCare System
Inc., which oversees the Massachusetts General Hospital in Boston
and other Harvard-affiliated hospitals. As chief U.S. protector of
research subjects, Koski will report directly to the assistant
secretary of health, Surgeon General David Satcher. An agency
reorganization that created his job at HHS also created a 12-person
advisory panel--not yet named--that will give outsiders a chance
to drive policy from the back seat.

Koski could not be reached for comment, but scientific leaders say
they welcome him to Washington. Jordan Cohen, president of the
Association of American Medical Colleges, said last week that Koski
"is highly respected within the academic medical community and
brings to the new office a strong track record in the area of human
subject protections." The administration, he added, "is to be
applauded for attracting a person of Dr. Koski's caliber." Cohen
also supports H.R. 4605.

But Vera Hassner Sharav, a leader of one of the patient advocacy
groups that has faulted the government for weak enforcement of
regulations, Citizens for Responsible Care and Research in New York
City, offers a more wary endorsement of HHS's new scheme. Sharav
says she is concerned that a boost in the status of the human
subjects office, formerly headed by Gary Ellis, does not necessarily
confer independence. "The new office," she says, "should be judged
on its actions--on how vigorously and expeditiously it investigates
allegations of research violations."

_______

The Washington Post
Tuesday, June 20, 2000

Head of Watchdog Agency Faces Questions

By Rick Weiss and Deborah Nelson
Washington Post Staff Writers
Tuesday, June 20, 2000; A02

The new director of the federal government's lead watchdog agency
for human medical experiments is himself embroiled in an ongoing
investigation by that agency into a gene study that he supervised
in his previous job.

Harvard professor Greg Koski was tapped two weeks ago to lead the
Office for Human Research Protections, the agency the Clinton
administration recently renamed, revamped and relocated to a top
spot in the Department of Health and Human Services.

Until the new appointment, Koski was director of human research
affairs at Partners HealthCare System Inc. in Boston, where he
oversaw the protection of research volunteers in experiments carried
out by a consortium of Harvard-affiliated hospitals.

"Greg Koski is the right person with the right experience at the
right time to take on this challenge," Secretary of Health and
Human Services Donna E. Shalala said in announcing his position.

Not said, however, was that the employees Koski is poised to
supervise are already investigating a whistleblower's complaint
about the adequacy of patient protection in a gene study by Brigham
and Women's Hospital, one of the consortium of hospitals in his
charge.

An HHS spokesman called the apparent conflict of interest "routine"
and said the new director would recuse himself from overseeing the
agency's Harvard investigation.

But patient protection experts inside and outside the government
criticized that approach as inadequate, because Koski still would
oversee the investigative staff and have authority over staff
members' careers.

"It would certainly seem a smart thing for a person like Greg Koski
not to walk into a situation where, if the outcome of the investigation
is to exonerate Harvard, then you have people saying, 'Well, of
course. What else could those employees have done? Are they going
to turn in their boss?' " said Alex Capron, a professor of law and
medicine at the University of Southern California and a member of
the National Bioethics Advisory Commission.

"In ethics what is so very important is not only the absence of a
conflict but the absence of a perception of a conflict," Capron
said. "It's an issue that anyone coming into the job has to be
sensitive to, and if I were Greg Koski I wouldn't want to get off
on the wrong foot."

Critics called for the Harvard investigation to be handed over to
the independent HHS Office of Inspector General.

Koski was not available for comment.

Formal complaints of patient abuses in medical research are relatively
rare. The current investigation stems from a former Harvard faculty
member's complaint last September alleging regulatory violations
in several related genetic studies in China run by Harvard researchers
through various institutions, including Brigham and Women's.

Most of the studies involved drawing blood from Chinese participants
to search their DNA for genetic links to various diseases.  The
complaint alleged that the researchers and their sponsoring
institutions did not adequately weigh, among other things, the risk
that the Chinese government would discriminate against those
participants found to have a genetic "defect."

Koski chaired the Harvard-affiliated science and ethics oversight
committee that was responsible for approving the China experiment
repeatedly in annual reviews. An HHS official said Koski never
"personally gave his approval" of the China study because a
subcommittee handled those annual reviews--a delegation of authority
the HHS official acknowledged may not have been "in full compliance"
with federal regulations.

A Brigham and Women's spokeswoman disagreed, saying Koski personally
read and "ratified" the subcommittee's recommendations.

In either case, both officials agreed, Koski was ultimately
responsible for the China study's ongoing approval.

The complaint was filed initially with the federal Office for
Protection from Research Risks (OPRR)--the predecessor to Koski's
new Office for Human Research Protections, which came into formal
existence yesterday and has inherited the OPRR's investigative
caseload. Sources said the investigation of the Harvard study could
take months or even years to complete, because the office has a
limited staff.

A Harvard spokeswoman said an internal oversight committee visited
China last April and found adequate protections in place to ensure
that participants were well-informed about the study and that any
genetic information about them would be kept confidential.

The controversy comes at a time of heightened public and congressional
interest in the protection of human subjects in medical
experiments--interest that reached critical mass last September
following the death of a mostly healthy teenage patient in a
University of Pennsylvania gene therapy study.

In April the HHS inspector general released a report concluding
that the federal government had made "minimal progress" in the past
two years toward implementing suitable protections for people in
medical experiments.

Three weeks later, Shalala introduced several initiatives to enhance
protections for human research subjects. But the cornerstone of
Shalala's plan has been the long-awaited upgrading of the OPRR--a
relatively low-ranking office in the National Institutes of Health--to
the newly renamed Office for Human Research Protections, which has
the prestige of being located within Shalala's office.

Koski was chosen to lead that office after a nationwide search and
was hailed by department officials as someone who would reinvigorate
federal patient protection programs.

 2000 The Washington Post Company
__________________________________

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