Consenting Subjects Who Do Not Read, Speak or Understand English or Who Are Differently Abled
The purpose of this guidance is to explain how researchers should obtain and document informed consent for subjects who:
- Are non-English speakers and require an interpreter and translated consent materials, or
- Understand English but cannot read due to blindness or illiteracy, or
- Understand English but cannot talk or write due to incapacitation.
Overview
Because the Orange County area is a diverse region of many cultures and languages, investigators who enroll research subjects in Orange County must consider the likelihood of encountering eligible subjects with limited English proficiency. A look at the populations served by UCI Medical Center and satellite clinics will help investigators anticipate the languages spoken by potential subjects.
The governing principles of human subject research: respect for persons, beneficence, and justice, require that researchers not exclude subjects based solely on their inability to read, speak or understand English. Investigators need either to communicate directly with subjects, or to provide a reliable alternative to ensure that:
- Study participation is voluntary, as indicated by free and truly informed consent (respect for persons); and
- Study schedules, procedures, and risks are accurately communicated, and subjects have ongoing opportunities to express concerns and ask questions, in order to minimize risks to subjects (beneficence); and
- There are fair procedures and outcomes in the selection of research subjects so that risks and benefits of research are shared in society (justice).
Translation Services
The following translation companies are provided for your convenience; the UCI HRPP does not endorse any translation service.
- Accredited Language Services (ALS)
- Executive Linguist Agency, Inc.
- WeLocalize Life Sciences
- New World Language Services, Inc.
- Transperfect Translations
- All Language Alliance, Inc
- LinguaLinx, Inc
Chao Cancer Center Translations
If you will be submitting an award through the Chao Family Comprehensive Cancer Center please note that their translation service provider of choice is Executive Linguist Agency, Inc. You may contact Executive Linguist directly for a quote, but please be sure to contact the Purchasing Coordinator at the CFCCC Business Office for expense approval at (714) 456-2346.
Federal regulations enforced by the Office for Human Research Protections (45 CFR 46.116) and the Food and Drug Administration (21 CFR 50.20) state that informed consent "shall be in language understandable to the subject or the representative," and 45 CFR 46.117, along with 21 CFR 50.27 describe how the informed consent is to be documented. In addition, for all studies that pose a real or foreseeable risk of biomedical harm, California state law (Health and Safety Code section 24172) requires that the Experimental Subject's Bill of Rights be provided to all subjects "written in a language in which the subject is fluent."This guidance incorporates the federal and state regulatory requirements into the following two methods for obtaining and documenting informed consent for research subjects who do not read, speak, or understand English:
- The preferred method is to provide consent forms written in the subject's language. For biomedical research, the Experimental Subject's Bill of Rights must also be provided in the language in which the subject is fluent.
- For the occasional and unanticipated non-English-speaking subject, an alternative "short form" method is allowed [21 CFR 50.27(b)(2) and 45 CFR 46.117(b)(2)]. For biomedical research, the Experimental Subject's Bill of Rights must still be provided in the language in which the subject is fluent. Moreover, routine use of this method is strongly discouraged by the University and federal regulators.
Important Notes:
- The Subject Population subsection of KRP needs to select the following population: Subjects who are unable to communicate in English
- The Non-English Speakers section of the Informed Consent Process subsection must describe the consent process for non-English-speaking subjects.
- Informed consent is an ongoing process throughout a study. For non-English speakers, the investigator should address the means for providing continued, qualified interpretive services. Likewise, for those who understand English but cannot read, talk, or write, the investigator should be prepared to provide the necessary support to ensure the subject's ongoing comprehension of new information that may become available during the study.
Ethical and Legal Considerations
As part of each consent discussion, investigators have an ethical and legal obligation to assess the subject's understanding of the consent information to ensure that the consent is truly "informed." When the investigator and subject do not share a language, the investigator must depend on the accuracy of the translated consent documents and the working relationship with the medical interpreter. The investigator's familiarity with the subject's culture ("cultural competency") or lack of familiarity affects the communication.
Clinical Investigations and Biomedical Studies
The medical and technical information discussed during the initial consent discussion, as well as ongoing, study-related information, can be very complex and should be communicated to non-English speaking-subjects through an interpreter with training and understanding in medical terminology. In addition, an individual with a professional commitment to maintain strict confidentiality should handle the private medical issues discussed with subjects.
Working Effectively with Medical Interpreters: The field of medical interpretation is evolving and although protocols are being developed, standardized practices do not exist. Investigators may want to discuss some or all of the following topics with the interpreter before participating in an interpreter-mediated consent discussion.
- Will the medical interpreter serve as patient/subject advocate as well as interpreting the consent material?
- If the English version of the consent form is orally interpreted for the alternative "short form" method, how will the interpreter incorporate cultural considerations into the consent information?
- How transparent will the interpreted conversation be? With three people communicating (subject, investigator and interpreter), will everything said by each person be translated?
- How will the investigator and interpreter determine whether the subject truly understands the consent information?
- Informed consent is an ongoing process. How will the investigator ensure that the subject will understand ongoing study-related communication? If the subject has questions about continuing in the study, how will that be communicated to the researchers?
Anticipating the Need for Written Translations
As part of the IRB application process, investigators should estimate the likely proportions of non-English-speaking-people who may be encountered as eligible subjects for a proposed study. The United States Census Bureau provides overall demographic characteristics of counties and areas served by the UCI research community.
Preparing Translated Consent Materials: The English version consent and study materials submitted to the IRB should be written at the 8th grade level or lower. Translations are prepared after IRB review and approval of the English version.
Translation Requirements:
Greater than minimal risk studies: a professional or certified translation of the consent/assent form(s) and recruitment material(s) is required for studies that pose more than minimal risk to subjects (i.e., studies that require full committee review), unless the IRB has granted a waiver of documentation of informed consent.
For a professional translation the LR must provide the qualifications of the individual who translated the informed consent documents and recruitment materials. Include any credentials, certifications, education, native language fluency, etc. For a certified translation, a copy of the certification from the translator or translation service should be attached to the translation of any informed consent documents and recruitment materials.
Minimal risk studies: Studies that are eligible for expedited review also require translation of the consent/assent forms; however, certified translation is not required. The IRB will accept documents translated by an individual fluent (i.e., can speak, read and write) in a given language. The qualifications of the individual performing the translation will be assessed by the IRB. A letter from the translator describing their qualifications must be provided with the translation documents. As noted above, include any credentials, certifications, education, native language fluency, etc.
Differences between an interpretation and a translation: For purposes of research informed consent, an interpretation is a verbal exchange between two parties and the person serving as interpreter is fluent (can speak, read and write) in English and the language of the subject. A translation is the process of translating a written document (e.g., consent form) from one language into another, assuring the language of the translated document has the same meaning as the written document in the first language.
The following documents should be translated before enrolling non-English speaking subjects on a study:
- The IRB-approved English informed consent/assent document(s)
- California Subject's Bill of Rights (when applicable). Several translations are available on the on the Applications and Forms Page.
- Authorization for the Use of Personal Health Information for Research (when applicable). Translations are available in Spanish & Vietnamese on the Applications and Forms Page.
- Self-Certification of Surrogate Decision Makers for Participation in Research (when applicable). A translation is available in Spanish on the Applications and Forms Page.
Cost of Translation:
The cost of translating written consents is the investigator's responsibility. These costs may be quite high, particularly for large studies where multiple translations are needed and/or studies with relatively complex consent information that may require additional time by a skilled professional. Investigators should include the costs of written translations as well as medical interpreter services on grants and contracts. Industry sponsors are often willing to pay the costs of translating consent forms.
English-Speaking Subjects Unable to Read and Write
A person who can understand and comprehend spoken English, but is physically unable to talk or write, can be enrolled in a study using an English consent form if they are competent and are able to indicate approval or disapproval by other means. The subject must:
- retain the ability to understand the concepts of the study and evaluate the risk and benefit of being in the study when it is explained verbally, and
- be able to indicate approval or disapproval to study entry.
The consent form (or research record) should document the method used for communication with the potential subject and the specific means by which the potential subject communicated agreement to participate in the study.
- An impartial witness must be present for the entire consent process and should sign and date the consent document.
- The FDA recommends that the Investigator provide the subject with a video tape recording of the consent process.
Note: English-speaking subjects who are unable to read and write must not be confused with non-English speaking subjects who are able to read and write in another language. A certified translation of the English consent form must be used to consent non-English speaking subjects.
The Experimental Subject's Bill of Rights
California law requires the "Bill of Rights" to be part of the informed consent process for all biomedical studies. If additional translations of the Bill of Rights are needed, contact the Office of Research Administration at (949) 824-1558.