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Deceptive Practices In Research In New York
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Law § 349. Section 349 - Deceptive acts and practices unlawful (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.
Deception or incomplete disclosure should only be used when no reasonably effective, alternative methods are available to achieve the goals of the research. Only study procedures that involve minimal risks (as determined by the IRB) can include deception or incomplete disclosure.
The IRB discourages the use of deception when: Alternative methods can be used that will yield valid study results. The deception deprives participants of the opportunity to protect their own interests. The missing information affects the participants' ability to assess the risks of participation.
Examples of Active Deceptive Research Participants complete a quiz and are falsely told that they did poorly, regardless of their performance. Participants who do not know they are in a research study are observed to see how they behave when they find valuables (e.g., wallet, laptop) unattended in a public location.
Some forms of deception include: Lies: making up information or giving information that is the opposite or very different from the truth. Equivocations: making an indirect, ambiguous, or contradictory statement.
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You can file a claim for a deceptive practice or act under section 349 of the New York General Business Law. When deceptive methodologies are used, participants are given incomplete or misleading information about what to expect during the study activities.The debriefing is an essential part of the informed consent process and is mandatory when the research study involves use of deception. The purpose of this document is to assist researchers in addressing issues related to using deception in research with human subjects. DOE IRB approval is not required when the research will not be conducted in NYC Public Schools. This chapter addresses the New York statutory provisions enacted to protect consumers from deceptive and misleading practices. • The research involves deception;. Remember that deception can take a variety of forms, not all of which involve actively misleading participants. Protection against unjustifiable deception; The research participant must give voluntary informed consent to participate in research. Debriefing Recommendations.