ATTACHMENT
                                 K

    Atomic Energy Commission memoranda of March 7 and 10, 1947

                           UNITED STATES
                     ATOMIC ENERGY COMMISSION
                        WASHINGTON 25, D.C.


                          March 10, 1947

                            MEMORANDUM

TO:       Carroll L. Wilson, General Manager

FROM:     Edwin E. Huddleson, Jr., Deputy General Counsel

SUBJECT:  Clinical Testing

     Attached is a memorandum prepared by Mr. Burling of this
office recording a conference with Dr. Stafford Warren and Major
B.M. Brundage concerning clinical testing.

     You will note that it records your decision, with the approval
of the legal staff, continuing clinical testing on an interim basis
pending a review by the Commission of the medical program being
prepared by the Research Division at Oak Ridge.





Attachment
Memo 3/7/47

                           UNITED STATES
                     ATOMIC ENERGY COMMISSION
                        WASHINGTON 25, D.C.

                           March 7, 1947

TO:       Mr. Edwin E. Huddleson, Jr.

FROM:     John L. Burling

SUBJECT:  Clinical Testing

     This memorandum will record a conference between you, Dr.
Stafford Warren, Major B.W. Brundage and the writer:

     Dr. Warren and Major Brundage stated that under Manhattan
Engineer District a program of employing radioisotopes in clinical
testing had been commenced but that in January 1947 this matter had
been brought to Colonel Nichols' attention.  Colonel Nichols had
orally expressed the desire to have the Medical Committee consider
the program and, accordingly, he gave oral instructions that the
distribution of the material for this purpose was to be suspended. 
On January 23 and January 24, the Committee met and did recommend
a program of clinical testing.  This recommendation is embodied in
a letter to Mr. Wilson from Dr. Warren dated January 30, a copy of
which is annexed to the original of this memorandum.

     It is Major Brundage's understanding that the recommendation
was not acted upon because Colonel Nichols had left Oak Ridge by
the time it arrived.  Currently, therefore, the suspension of the
distribution of radioisotopes, which was put into effect to await
the decision of the Committee, is continuing, although the
Committee has formally recommended a program of clinical testing. 
Major Brundage stated that a formal program for clinical testing
was being prepared and would be forwarded to Washington in about
two weeks from the Research Division at Oak Ridge.  Dr. Warren
recommended that, pending the receipt of this program and its
approval by the Commission, resumption of the release of
radioisotopes for use by Commission research contractors on
approved programs by continued under the procedures previously
existing.  You consulted with Mr. Wilson on the telephone and you
gave legal approval to the recommendation, and Mr. Wilson accepted
it.

     The Legal Division expressed the view that in all clinical
testing it would be necessary to make sure that the testing was
being carried on in relation to a research program properly
approved.  No further expressed the view that it was most important
that it be susceptible of proof that any individual patient, prior
to treatment, was in an understanding state of mind and that the
nature of the treatment and possible risk involved be explained
very clearly and that the patient express his willingness to
receive the treatment.  On Dr. Warren's recommendation, you
authorized omission to obtain a written release but urged that in
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every case at least two doctors certify in writing to the patient's
state of mind to the explanation furnished him and to his
acceptance of the treatment.

     It is contemplated that this memorandum will be initialed as
a record of the interim authorization involved.

cc:  Dr. Stafford Warren
     Major B. N. Brundage

Attachment