I'm reading the Code of Federal Regulations
Title 21 to indicate that informed consent is required whether you intend to publish or not:
Section 50:20 -- General requirements for informed consentExcept as provided in 50.23 and 50.24, no investigator may involve a human being as a subject in research covered by these regulations unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized representative. An investigator shall seek such consent only under circumstances that provide the prospective subject or the representative sufficient opportunity to consider whether or not to participate and that minimize the possibility of coercion or undue influence.
eta: FWIW, sections 50.23 and 50.24, as noted above, apply only in life threatening situations where physicians, for instance, have to try experimental procedures on a patient who will otherwise die.
