What is the scope of legal protection for undocumented immigrants in biomedical research?

In Washington, the scope of legal protection for undocumented immigrants in biomedical research is complicated. According to the Washington State Department of Health, all research involving human subjects is regulated by the Common Rule. This rule requires that all participants in research projects provide written informed consent and that their rights and welfare be respected. This protection applies to all individuals, regardless of their immigration status, but the specific legal protections for undocumented immigrants are unclear. For research projects that involve federal funding, the Common Rule requires that undocumented immigrants, like all other participants, must be recruited and treated fairly and provided with sufficient information to enable them to make an informed decision regarding their participation. Undocumented immigrants must also be provided with sufficient privacy and confidentiality protections to ensure their medical records and other data will remain secure. In addition, Washington State law prohibits anyone participating in research from inquiring about the immigration status of any potential research participant. In general, the law requires that all participants in research be free from discrimination and harassment regardless of their immigration status. Although it is unclear exactly what legal protection is available to undocumented immigrants in biomedical research in Washington, it is clear that all persons must be treated fairly and without discrimination in any research projects they participate in. Additionally, all research participants must be given the opportunity to provide written informed consent and must be provided with sufficient privacy and confidentiality protections to ensure that their medical records and other personal data will remain secure.

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