For Informed Consent, There Must Be A Shared Decision

For Informed Consent To Occur There Must Be A Shared Decision Making

For informed consent to occur, there must be a shared decision-making process between the psychologist and the person with whom the psychologist is engaged in a professional relationship (whether patient, client, or research subject). The psychologist must present adequate information to the other person such that he or she can understand and then decide whether to participate in that professional relationship. Three additional conditions must be met in order for informed consent to be legally valid: The information presented to the client must be easily able to be understood by the client. The client’s agreement to participate has to be voluntary. The client must be legally competent to give consent.

For this Discussion, you explore informed consent considerations for populations that need specific protections. To prepare, select one of the following populations to use for this Discussion: minors, prisoners, inpatients, or individuals with cognitive impairments.

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Informed consent is a fundamental ethical and legal requirement in psychological practice and research, ensuring that individuals voluntarily agree to participation in professional services or studies with full understanding of the relevant information. However, the process of obtaining valid informed consent becomes complex when working with populations that require special protections, such as minors, prisoners, inpatients, or individuals with cognitive impairments. These groups possess unique vulnerabilities that can impede their capacity to provide fully informed and voluntary consent, necessitating tailored approaches and heightened ethical considerations.

Informed Consent and Minors

When involving minors in research or clinical practice, psychologists must adhere to strict ethical guidelines that recognize minors’ developmental limitations in understanding complex information or making fully autonomous decisions. Typically, parental or guardian consent is required alongside the minor’s assent—a process where the minor agrees to participate in the activity after being adequately informed in age-appropriate language. Researchers and clinicians must ensure that the information is presented in a manner comprehensible to the minor, emphasizing transparency and respect for their emerging autonomy (American Psychological Association [APA], 2017). The concept of voluntariness can be complicated when minors perceive pressure from authority figures, which underscores the importance of fostering an environment where minors feel free to decline participation without repercussions.

Informed Consent and Prisoners

Prisoner populations represent a particularly vulnerable group because their liberty is restricted, and they may feel coerced into participation due to perceived power imbalances. Ethical guidelines stipulate that consent must be genuinely voluntary, with clear assurances that declining participation will not affect their incarceration conditions or treatment within the correctional system (National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, 1979). Researchers must meticulously ensure that the information provided is understandable and that prisoners are free from undue influence or coercion. Additional oversight by institutional review boards (IRBs) with specific prisoner protections is essential to safeguard their autonomy and prevent exploitation (Shaw et al., 2013).

Informed Consent and Inpatients

Inpatient populations—those hospitalized for psychiatric, medical, or surgical reasons—present challenges related to mental state and capacity. Patients’ cognitive and emotional states may fluctuate, affecting their ability to comprehend disclosures and make voluntary decisions. Ensuring informed consent in this context requires assessing the patient’s decision-making capacity and providing information in simplified, clear language. When patients lack full capacity, surrogate decision-makers or legal guardians may be involved, raising further ethical considerations about respecting autonomy while protecting individuals from potential harm (Appelbaum, 2007). Special care must be taken to avoid coercion in inpatient settings, where patients might feel pressured to comply with treatment plans.

Informed Consent and Individuals with Cognitive Impairments

Individuals with cognitive impairments—such as those with dementia, intellectual disabilities, or traumatic brain injuries—may face significant difficulties understanding complex information and appreciating the consequences of their decisions. Researchers and practitioners must evaluate the individual's decision-making capacity carefully and consider alternative methods of communication or consent, such as simplified language, visual aids, or involving legally authorized representatives. Ethical standards emphasize the importance of respecting the individual's autonomy as much as possible while safeguarding their well-being (Spertus et al., 2005). In such cases, the concept of voluntariness still applies, but additional protections are necessary to prevent exploitation or misunderstanding.

Conclusion

Obtaining informed consent within vulnerable populations demands heightened ethical vigilance, tailored communication strategies, and sometimes legal safeguards. While the core principles of informed consent—adequate information, voluntariness, and capacity—remain constant, their application must be adapted to meet the specific needs of populations such as minors, prisoners, inpatients, and those with cognitive impairments. Psychologists must prioritize ethical standards that protect these individuals’ rights while enabling meaningful participation, thereby upholding the integrity of psychological practice and research.

References

  • American Psychological Association. (2017). Ethical principles of psychologists and code of conduct. https://www.apa.org/ethics/code
  • Appelbaum, P. S. (2007). Assessment of patients’ competence to consent to treatment. New England Journal of Medicine, 357(8), 763-772.
  • National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. (1979). The Belmont Report: Ethical principles and guidelines for the protection of human subjects of research. U.S. Department of Health, Education, and Welfare.
  • Shaw, B. A., Grimes, T., & Rosenfeld, D. (2013). Ethical considerations in research involving prisoners. American Journal of Psychiatry, 170(4), 387-392.
  • Spertus, J., Winder, J., & Ketteler, D. (2005). Assessing decision-making capacity in persons with dementia: A pilot study. Journal of Geriatric Psychiatry and Neurology, 18(2), 76-83.