Federal regulations governing research involving human participants define a legally authorized representative as an individual or judicial or other body authorized under applicable law to consent on behalf of a prospective participant to the participation in the procedure(s) involved in the research. 45CFR46.102(c) and 21CFR50.3(l)
In accordance with Mississippi law regarding consent for treatment, when the primary physician determines that a patient lacks capacity to give consent the order of authority to provide consent on behalf of another adult or emancipated minor is as follows:
Emancipated minor means an individual under the age of 18 who:
The order of authority to provide consent to treatment of an unemancipated minor is as follows:
Mississippi law permits a parent or legal guardian to give permission for an unemancipated minor to participate in research. The child’s guardian is defined as a judicially appointed guardian or conservator having authority to make a health care decision for an individual.
Note that federal regulations governing research involving vulnerable populations contain more specific requirements. For research involving pregnant women and/or fetuses, see 45CFR46.205.
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