79C3C34C52B45572883A05D425EB0F82
15 CFR 27
https://www.govinfo.gov/content/pkg/CFR-2011-title15-vol1/pdf/CFR-2011-title15-vol1-part27.pdf
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| Indicators in focus are typically shown highlighted in yellow; | Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; | "Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; | Trigger Words/Phrases are shown highlighted in gray. | 
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Criminal Convictions
Searching for indicator prisoners:
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p.000249:  applicable law  to  consent  on  behalf  of  a  prospec- tive  subject  to  the  subject’s  participa- tion in the 
p.000249:  procedure(s) involved in the research. 
p.000249:  (d)  Research  means  a  systematic  in- vestigation,   including   research   devel- opment,   testing   and 
p.000249:  evaluation,   de- signed to develop or contribute to gen- eralizable  knowledge.  Activities  which meet    this 
p.000249:  definition    constitute    re- search   for   purposes   of   this   policy, whether  or  not  they  are  conducted 
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
p.000249:  agency  solely  as  part  of  the  depart- ment’s   or   agency’s   broader   responsi- bility  to  regulate  certain 
p.000249:  types  of  ac- tivities   whether   research   or   non-re- search   in   nature   (for   example,   Wage and   Hour 
p.000249:  requirements   administered by the Department of Labor). 
p.000249:  (f) Human  subject  means a living indi- vidual   about   whom   an   investigator 
p.000249:   
p.000249:  prisoners,  subpart  C.  The  exemption  at  45 CFR  part  46.101(b)(2),  for  research  involving survey  or 
p.000249:  interview  procedures  or  observa- tion of public behavior, does not apply to re- search  with  children,  subpart  D, 
p.000249:  except  for research involving observations of public be- havior  when  the  investigator(s)  do  not  par- ticipate 
p.000249:  in the activities being observed. 
p.000249:  15 CFR Subtitle A (1–1–11 Edition) 
p.000249:  (whether  professional  or  student)  con- ducting research obtains 
p.000249:  (1)    Data    through    intervention    or interaction with the individual, or 
p.000249:  (2) Identifiable private information. 
p.000249:  Intervention  includes both physical pro- cedures by which data are gathered (for example,  venipuncture)  and 
p.000249:  manipula- tions of the subject or the subject’s en- vironment  that  are  performed  for  re- search   purposes. 
p.000249:  Interaction   includes communication   or   interpersonal   con- tact  between  investigator  and  subject. ‘‘Private 
p.000249:  information’’   includes   infor- mation about behavior that occurs in a context in which an individual can rea- 
p.000249:  sonably  expect  that  no  observation  or recording is taking place, and informa- tion  which  has  been  provided 
p.000249:  for  spe- cific   purposes   by   an   individual   and which   the   individual   can   reasonably expect  will  not 
p.000249:  be  made  public  (for  ex- ample, a medical record). Private infor- mation  must  be  individually  identifi- able 
p.000249:  (i.e.,  the  identity  of  the  subject  is or  may  readily  be  ascertained  by  the investigator  or  associated 
p.000249:  with  the  in- formation)  in  order  for  obtaining  the information  to  constitute  research  in- volving human 
p.000249:  subjects. 
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p.000251:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
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p.000253:  following  require- ments are satisfied: 
p.000253:  (1)  Risks  to  subjects  are  minimized: 
p.000253:  (i)  By  using  procedures  which  are  con- sistent  with  sound  research  design  and which do not unnecessarily 
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
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p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
...
Political / Indigenous
Searching for indicator native:
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p.000254:  understandable to the sub- ject or the representative. No informed consent,  whether  oral  or  written,  may include 
p.000254:  any     exculpatory     language through  which  the  subject  or  the  rep- resentative  is  made  to  waive  or 
p.000254:  appear to   waive   any   of   the   subject’s   legal rights, or releases or appears to release the investigator, the 
p.000254:  sponsor, the insti- tution  or  its  agents  from  liability  for negligence. 
p.000254:  (a)  Basic  elements  of  informed  con- 
p.000254:  sent.  Except  as  provided  in  paragraph 
p.000254:  (c)  or  (d)  of  this  section,  in  seeking  in- formed  consent  the  following  informa- tion  shall  be  provided 
p.000254:  to  each  subject: 
p.000254:  (1)  A  statement  that  the  study  in- volves  research,  an  explanation  of  the purposes  of  the  research  and 
p.000254:  the  ex- pected duration of the subject’s partici- pation,  a  description  of  the  procedures to   be   followed, 
p.000254:  and   identification   of 
p.000255:  255 
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:  § 27.116 
p.000255:  any    procedures    which    are    experi- mental; 
p.000255:  (2)  A  description  of  any  reasonably foreseeable  risks  or  discomforts  to  the subject; 
p.000255:  (3)  A  description  of  any  benefits  to the subject or to others which may rea- sonably  be  expected  from  the 
p.000255:  research; 
p.000255:  (4)  A  disclosure  of  appropriate  alter- native  procedures  or  courses  of  treat- ment,   if   any,   that 
p.000255:  might   be   advan- tageous to the subject; 
p.000255:  (5)   A   statement   describing   the   ex- tent, if any, to which confidentiality of records  identifying  the 
p.000255:  subject  will  be maintained; 
p.000255:  (6)  For  research  involving  more  than minimal   risk,   an   explanation   as   to whether  any  compensation  and 
p.000255:  an  ex- planation  as  to  whether  any  medical treatments  are  available  if  injury  oc- curs and, if so, what they 
p.000255:  consist of, or where  further  information  may  be  ob- tained; 
p.000255:  (7)  An  explanation  of  whom  to  con- tact for answers to pertinent questions about  the  research  and  research 
p.000255:  sub- jects’  rights,  and  whom  to  contact  in the  event  of  a  research-related  injury to the subject; and 
p.000255:  (8)  A  statement  that  participation  is voluntary,  refusal  to  participate  will involve no penalty or loss of 
p.000255:  benefits to which the subject is otherwise entitled, and  the  subject  may  discontinue  par- ticipation at any time 
p.000255:  without penalty or loss of benefits to which the subject is otherwise entitled. 
p.000255:  (b)  Additional  elements  of  informed consent.    When    appropriate,    one    or more  of  the  following 
p.000255:  elements  of  in- formation   shall   also   be   provided   to each subject: 
p.000255:  (1)  A  statement  that  the  particular treatment   or   procedure   may   involve risks  to  the  subject  (or  to 
p.000255:  the  embryo or  fetus,  if  the  subject  is  or  may  be- come   pregnant)   which   are   currently unforeseeable; 
...
Political / criminal
Searching for indicator criminal:
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p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
p.000247:  strategies, or (ii) research on the effectiveness    of    or    the    comparison among   instructional   techniques, 
p.000247:  cur- ricula,     or     classroom     management methods. 
p.000247:  (2) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures, interview procedures or observa- tion of public behavior, unless: 
p.000247:  (i)  Information  obtained  is  recorded in  such  a  manner  that  human  subjects can  be  identified,  directly  or 
p.000247:  through identifiers linked to the subjects; and 
p.000247:  (ii) Any disclosure of the human sub- jects’   responses   outside   the   research could  reasonably  place  the 
p.000247:  subjects  at risk  of  criminal  or  civil  liability  or  be damaging   to   the   subjects’   financial standing, 
p.000247:  employability, or reputation. 
p.000247:  (3) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures,  interview  procedures,  or  obser- vation  of  public  behavior  that  is  not exempt  under  paragraph 
p.000247:  (b)(2)  of  this section, if: 
p.000247:  (i) The human subjects are elected or appointed public officials or candidates for public office; or 
p.000247:  (ii) Federal statute(s) require(s) with- out  exception  that  the  confidentiality of  the  personally  identifiable 
p.000247:  informa- tion will be maintained throughout the research and thereafter. 
p.000247:  (4) Research, involving the collection or  study  of  existing  data,  documents, records,  pathological  specimens, 
p.000247:  or  di- agnostic specimens, if these sources are publicly available or if the information is  recorded  by  the 
p.000247:  investigator  in  such a manner that subjects cannot be iden- tified,  directly  or  through  identifiers linked to the 
p.000247:  subjects. 
p.000248:  248 
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p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:  Office of the Secretary, Commerce                                                               § 27.101 
p.000248:   
p.000248:   
p.000248:  (5)     Research     and     demonstration projects which are conducted by or sub- ject  to  the  approval  of 
p.000248:  department  or agency  heads,  and  which  are  designed to  study,  evaluate,  or  otherwise  exam- ine: 
p.000248:  (i)   Public   benefit   or   service   pro- grams; 
p.000248:  (ii)  Procedures  for  obtaining  benefits or services under those programs; 
p.000248:  (iii)   Possible   changes   in   or   alter- natives   to   those   programs   or   proce- dures; or 
...
Political / political affiliation
Searching for indicator party:
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p.000252:  approval),  or  dis- approve  all  research  activities  covered by this policy. 
p.000252:  (b)  An  IRB  shall  require  that  infor- mation  given  to  subjects  as  part  of  in- formed  consent  is  in 
p.000252:  accordance  with 
p.000252:  § 27.116.  The  IRB  may  require  that  in- formation,  in  addition  to  that  specifi- cally  mentioned  in  § 
p.000252:  27.116,  be  given  to the  subjects  when  in  the  IRB’s  judg- 
p.000252:   
p.000252:  ment  the  information  would  meaning- fully add to the protection of the rights and welfare of subjects. 
p.000252:  (c)  An  IRB  shall  require  documenta- tion  of  informed  consent  or  may  waive documentation    in    accordance 
p.000252:  with 
p.000252:  § 27.117. 
p.000252:  (d)  An  IRB  shall  notify  investigators and the institution in writing of its de- cision to approve or disapprove 
p.000252:  the pro- posed research activity, or of modifica- tions  required  to  secure  IRB  approval of  the  research 
p.000252:  activity.  If  the  IRB  de- cides to disapprove a research activity, it  shall  include  in  its  written  notifica- 
p.000252:  tion  a  statement  of  the  reasons  for  its decision  and  give  the  investigator  an opportunity  to  respond  in 
p.000252:  person  or  in writing. 
p.000252:  (e)  An  IRB  shall  conduct  continuing 
p.000252:  review  of  research  covered  by  this  pol- icy  at  intervals  appropriate  to  the  de- gree of risk, but not less 
p.000252:  than once per year,  and  shall  have  authority  to  ob- serve or have a third party observe the consent process and 
p.000252:  the research. 
p.000252:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000252:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000252:  at 70 FR 36328, June 23, 2005] 
p.000252:   
p.000252:  § 27.110   Expedited   review   procedures for certain kinds of research involv- ing no more than minimal risk, and for 
p.000252:  minor  changes  in  approved  re- search. 
p.000252:  (a)  The  Secretary,  HHS,  has  estab- lished, and published as a Notice in the FEDERAL  REGISTER,  a  list  of 
p.000252:  categories of  research  that  may  be  reviewed  by the  IRB  through  an  expedited  review procedure. The list will 
p.000252:  be amended, as appropriate    after    consultation    with other      departments      and      agencies, through 
p.000252:  periodic  republication  by  the Secretary,  HHS,  in  the  FEDERAL  REG- ISTER.  A  copy  of  the  list  is  available 
p.000252:  from   the   Office   for   Human   Research Protections,  HHS,  or  any  successor  of- fice. 
p.000252:  (b) An IRB may use the expedited re- 
p.000252:  view procedure to review either or both of the following: 
p.000252:  (1)  Some  or  all  of  the  research  ap- pearing on the list and found by the re- viewer(s) to involve no more than 
p.000252:  mini- mal risk, 
p.000252:  (2)  Minor  changes  in  previously  ap- proved  research  during  the  period  (of 
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p.000253:   
p.000253:   
p.000253:   
p.000253:  § 27.111 
p.000253:  one  year  or  less)  for  which  approval  is authorized. 
...
Political / stateless persons
Searching for indicator nation:
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p.000257:  evaluation  will  take into consideration the risks to the sub- jects,    the    adequacy    of    protection against 
p.000257:  these risks, the potential bene- fits  of  the  research  to  the  subjects  and others,    and    the    importance 
p.000257:  of    the knowledge gained or to be gained. 
p.000257:  (b)  On  the  basis  of  this  evaluation, the   department   or   agency   head   may approve  or  disapprove  the 
p.000257:  application or  proposal,  or  enter  into  negotiations to develop an approvable one. 
p.000257:  § 27.121   [Reserved] 
p.000257:  § 27.122   Use of Federal funds. 
p.000257:  Federal  funds  administered  by  a  de- partment   or   agency   may   not   be   ex- pended  for  research  involving 
p.000257:  human subjects   unless   the   requirements   of this policy have been satisfied. 
p.000257:  § 27.123   Early  termination  of  research support:  Evaluation  of  applications and proposals. 
p.000257:  (a)  The  department  or  agency  head may require that department or agency support  for  any  project  be  terminated 
p.000257:  or  suspended  in  the  manner  prescribed in   applicable   program   requirements, when  the  department  or  agency 
p.000257:  head finds    an    institution    has    materially failed to comply with the terms of this policy. 
p.000257:  (b)  In  making  decisions  about  sup- 
p.000257:  porting   or   approving   applications   or proposals covered by this policy the de- 
p.000257:  15 CFR Subtitle A (1–1–11 Edition) 
p.000257:  partment   or   agency   head   may   take into  account,  in  addition  to  all  other eligibility   requirements 
p.000257:  and   program criteria,  factors  such  as  whether  the applicant  has  been  subject  to  a  termi- nation  or 
p.000257:  suspension  under  paragraph 
p.000257:  (a)  of  this  section  and  whether  the  ap- plicant  or  the  person  or  persons  who would  direct  or  has  have 
p.000257:  directed  the scientific  and  technical  aspects  of  an activity  has  have,  in  the  judgment  of the  department 
p.000257:  or  agency  head,  mate- rially failed to discharge responsibility for   the   protection   of   the   rights   and 
p.000257:  welfare  of  human  subjects  (whether  or not  the  research  was  subject  to  federal regulation). 
p.000257:  § 27.124   Conditions. 
p.000257:  With  respect  to  any  research  project or any class of research projects the de- partment  or  agency  head  may 
p.000257:  impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head 
p.000257:  addi- tional  conditions  are  necessary  for  the protection of human subjects. 
p.000257:   
p.000257:  PART 28—NEW RESTRICTIONS ON LOBBYING 
p.000257:  Subpart A—General 
p.000257:  Sec. 
p.000257:  28.100    Conditions on use of funds. 
p.000257:  28.105    Definitions. 
p.000257:  28.110    Certification and disclosure. 
p.000257:  Subpart B—Activities by Own Employees 
p.000257:  28.200    Agency and legislative liaison. 
p.000257:  28.205    Professional and technical services. 
p.000257:  28.210    Reporting. 
p.000257:  Subpart C—Activities by Other Than Own Employees 
p.000257:  28.300    Professional and technical services. 
p.000257:  Subpart D—Penalties and Enforcement 
p.000257:  28.400    Penalties. 
p.000257:  28.405    Penalty procedures. 
p.000257:  28.410    Enforcement. 
p.000257:  Subpart E—Exemptions 
...
Political / vulnerable
Searching for indicator vulnerable:
(return to top)
           
p.000251:  to the institution. 
p.000251:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000251:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
...
           
p.000253:  (a)  In  order  to  approve  research  cov- ered by this policy the IRB shall deter- mine  that  all  of  the 
p.000253:  following  require- ments are satisfied: 
p.000253:  (1)  Risks  to  subjects  are  minimized: 
p.000253:  (i)  By  using  procedures  which  are  con- sistent  with  sound  research  design  and which do not unnecessarily 
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
...
Health / Cognitive Impairment
Searching for indicator cognitive:
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p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
p.000247:  strategies, or (ii) research on the effectiveness    of    or    the    comparison among   instructional   techniques, 
p.000247:  cur- ricula,     or     classroom     management methods. 
p.000247:  (2) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures, interview procedures or observa- tion of public behavior, unless: 
p.000247:  (i)  Information  obtained  is  recorded in  such  a  manner  that  human  subjects can  be  identified,  directly  or 
p.000247:  through identifiers linked to the subjects; and 
p.000247:  (ii) Any disclosure of the human sub- jects’   responses   outside   the   research could  reasonably  place  the 
p.000247:  subjects  at risk  of  criminal  or  civil  liability  or  be damaging   to   the   subjects’   financial standing, 
p.000247:  employability, or reputation. 
p.000247:  (3) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures,  interview  procedures,  or  obser- vation  of  public  behavior  that  is  not exempt  under  paragraph 
p.000247:  (b)(2)  of  this section, if: 
p.000247:  (i) The human subjects are elected or appointed public officials or candidates for public office; or 
p.000247:  (ii) Federal statute(s) require(s) with- out  exception  that  the  confidentiality of  the  personally  identifiable 
p.000247:  informa- tion will be maintained throughout the research and thereafter. 
p.000247:  (4) Research, involving the collection or  study  of  existing  data,  documents, records,  pathological  specimens, 
p.000247:  or  di- agnostic specimens, if these sources are publicly available or if the information is  recorded  by  the 
p.000247:  investigator  in  such a manner that subjects cannot be iden- tified,  directly  or  through  identifiers linked to the 
p.000247:  subjects. 
p.000248:  248 
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:  Office of the Secretary, Commerce                                                               § 27.101 
p.000248:   
p.000248:   
p.000248:  (5)     Research     and     demonstration projects which are conducted by or sub- ject  to  the  approval  of 
p.000248:  department  or agency  heads,  and  which  are  designed to  study,  evaluate,  or  otherwise  exam- ine: 
p.000248:  (i)   Public   benefit   or   service   pro- grams; 
p.000248:  (ii)  Procedures  for  obtaining  benefits or services under those programs; 
p.000248:  (iii)   Possible   changes   in   or   alter- natives   to   those   programs   or   proce- dures; or 
p.000248:  (iv)  Possible  changes  in  methods  or levels  of  payment  for  benefits  or  serv- ices under those programs. 
p.000248:  (6)  Taste  and  food  quality  evaluation and consumer acceptance studies, 
...
Health / Drug Usage
Searching for indicator drug:
(return to top)
           
p.000247:  informa- tion will be maintained throughout the research and thereafter. 
p.000247:  (4) Research, involving the collection or  study  of  existing  data,  documents, records,  pathological  specimens, 
p.000247:  or  di- agnostic specimens, if these sources are publicly available or if the information is  recorded  by  the 
p.000247:  investigator  in  such a manner that subjects cannot be iden- tified,  directly  or  through  identifiers linked to the 
p.000247:  subjects. 
p.000248:  248 
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:   
p.000248:  Office of the Secretary, Commerce                                                               § 27.101 
p.000248:   
p.000248:   
p.000248:  (5)     Research     and     demonstration projects which are conducted by or sub- ject  to  the  approval  of 
p.000248:  department  or agency  heads,  and  which  are  designed to  study,  evaluate,  or  otherwise  exam- ine: 
p.000248:  (i)   Public   benefit   or   service   pro- grams; 
p.000248:  (ii)  Procedures  for  obtaining  benefits or services under those programs; 
p.000248:  (iii)   Possible   changes   in   or   alter- natives   to   those   programs   or   proce- dures; or 
p.000248:  (iv)  Possible  changes  in  methods  or levels  of  payment  for  benefits  or  serv- ices under those programs. 
p.000248:  (6)  Taste  and  food  quality  evaluation and consumer acceptance studies, 
p.000248:  (i)  If  wholesome  foods  without  addi- tives are consumed or 
p.000248:  (ii)  If  a  food  is  consumed  that  con- tains  a  food  ingredient  at  or  below  the level  and  for  a  use 
p.000248:  found  to  be  safe,  or agricultural     chemical     or     environ- mental  contaminant  at  or  below  the level 
p.000248:  found to be safe, by the Food and Drug   Administration   or   approved   by the  Environmental  Protection  Agency or 
p.000248:  the   Food   Safety   and   Inspection Service of the U.S. Department of Agri- culture. 
p.000248:  (c)  Department  or  agency  heads  re- tain   final   judgment   as   to   whether   a particular  activity  is 
p.000248:  covered  by  this policy. 
p.000248:  (d)  Department  or  agency  heads  may require that specific research activities or   classes   of   research 
p.000248:  activities   con- ducted, supported, or otherwise subject to   regulation   by   the   department   or agency  but  not 
p.000248:  otherwise  covered  by this policy, comply with some or all of the requirements of this policy. 
p.000248:  (e)  Compliance  with  this  policy  re- quires  compliance  with  pertinent  fed- eral  laws  or  regulations  which 
p.000248:  provide additional  protections  for  human  sub- jects. 
p.000248:  (f)  This  policy  does  not  affect  any 
p.000248:   
p.000248:  (h)   When   research   covered   by   this policy takes place in foreign countries, procedures   normally   followed 
p.000248:  in   the foreign   countries   to   protect   human subjects   may   differ   from   those   set forth  in  this 
p.000248:  policy.  [An  example  is  a foreign    institution    which    complies with   guidelines   consistent   with   the 
p.000248:  World   Medical   Assembly   Declaration (Declaration  of  Helsinki  amended  1989) issued  either  by  sovereign 
p.000248:  states  or  by an  organization  whose  function  for  the protection  of  human  research  subjects is 
p.000248:  internationally  recognized.]  In  these circumstances,    if    a    department    or agency head determines that the 
...
           
p.000249:  249 
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:  § 27.102 
p.000249:  § 27.102   Definitions. 
p.000249:  (a)  Department  or  agency  head  means the  head  of  any  federal  department  or agency  and  any  other  officer 
p.000249:  or  em- ployee  of  any  department  or  agency  to whom authority has been delegated. 
p.000249:  (b)   Institution   means   any   public   or private entity or agency (including fed- eral, state, and other 
p.000249:  agencies). 
p.000249:  (c)   Legally    authorized    representative means   an   individual   or   judicial   or other body authorized under 
p.000249:  applicable law  to  consent  on  behalf  of  a  prospec- tive  subject  to  the  subject’s  participa- tion in the 
p.000249:  procedure(s) involved in the research. 
p.000249:  (d)  Research  means  a  systematic  in- vestigation,   including   research   devel- opment,   testing   and 
p.000249:  evaluation,   de- signed to develop or contribute to gen- eralizable  knowledge.  Activities  which meet    this 
p.000249:  definition    constitute    re- search   for   purposes   of   this   policy, whether  or  not  they  are  conducted 
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
p.000249:  agency  solely  as  part  of  the  depart- ment’s   or   agency’s   broader   responsi- bility  to  regulate  certain 
p.000249:  types  of  ac- tivities   whether   research   or   non-re- search   in   nature   (for   example,   Wage and   Hour 
p.000249:  requirements   administered by the Department of Labor). 
p.000249:  (f) Human  subject  means a living indi- vidual   about   whom   an   investigator 
p.000249:   
p.000249:  prisoners,  subpart  C.  The  exemption  at  45 CFR  part  46.101(b)(2),  for  research  involving survey  or 
p.000249:  interview  procedures  or  observa- tion of public behavior, does not apply to re- search  with  children,  subpart  D, 
p.000249:  except  for research involving observations of public be- havior  when  the  investigator(s)  do  not  par- ticipate 
p.000249:  in the activities being observed. 
p.000249:  15 CFR Subtitle A (1–1–11 Edition) 
p.000249:  (whether  professional  or  student)  con- ducting research obtains 
p.000249:  (1)    Data    through    intervention    or interaction with the individual, or 
p.000249:  (2) Identifiable private information. 
p.000249:  Intervention  includes both physical pro- cedures by which data are gathered (for example,  venipuncture)  and 
p.000249:  manipula- tions of the subject or the subject’s en- vironment  that  are  performed  for  re- search   purposes. 
p.000249:  Interaction   includes communication   or   interpersonal   con- tact  between  investigator  and  subject. ‘‘Private 
p.000249:  information’’   includes   infor- mation about behavior that occurs in a context in which an individual can rea- 
...
Searching for indicator influence:
(return to top)
           
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
...
           
p.000254:  § 27.103(b)(4) and § 27.103(b)(5). 
p.000254:   
p.000254:  (7)   Statements   of   significant   new findings   provided   to   subjects,   as   re- quired by § 27.116(b)(5). 
p.000254:  (b)  The  records  required  by  this  pol- icy   shall   be   retained   for   at   least   3 years,  and  records 
p.000254:  relating  to  research which  is  conducted  shall  be  retained for  at  least  3  years  after  completion  of the 
p.000254:  research. All records shall be acces- sible  for  inspection  and  copying  by  au- thorized  representatives  of  the 
p.000254:  depart- ment   or   agency   at   reasonable   times and in a reasonable manner. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:   
p.000254:  § 27.116   General  requirements  for  in- formed consent. 
p.000254:  Except  as  provided  elsewhere  in  this policy,  no  investigator  may  involve  a human  being  as  a  subject  in 
p.000254:  research covered by this policy unless the inves- tigator  has  obtained  the  legally  effec- tive informed consent of 
p.000254:  the subject or the   subject’s   legally   authorized   rep- resentative.  An  investigator  shall  seek such consent 
p.000254:  only under circumstances that  provide  the  prospective  subject  or the    representative    sufficient    oppor- 
p.000254:  tunity  to  consider  whether  or  not  to participate  and  that  minimize  the  pos- sibility  of  coercion  or 
p.000254:  undue  influence. The  information  that  is  given  to  the subject  or  the  representative  shall  be in language 
p.000254:  understandable to the sub- ject or the representative. No informed consent,  whether  oral  or  written,  may include 
p.000254:  any     exculpatory     language through  which  the  subject  or  the  rep- resentative  is  made  to  waive  or 
p.000254:  appear to   waive   any   of   the   subject’s   legal rights, or releases or appears to release the investigator, the 
p.000254:  sponsor, the insti- tution  or  its  agents  from  liability  for negligence. 
p.000254:  (a)  Basic  elements  of  informed  con- 
p.000254:  sent.  Except  as  provided  in  paragraph 
p.000254:  (c)  or  (d)  of  this  section,  in  seeking  in- formed  consent  the  following  informa- tion  shall  be  provided 
p.000254:  to  each  subject: 
p.000254:  (1)  A  statement  that  the  study  in- volves  research,  an  explanation  of  the purposes  of  the  research  and 
p.000254:  the  ex- pected duration of the subject’s partici- pation,  a  description  of  the  procedures to   be   followed, 
p.000254:  and   identification   of 
p.000255:  255 
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:  § 27.116 
p.000255:  any    procedures    which    are    experi- mental; 
p.000255:  (2)  A  description  of  any  reasonably foreseeable  risks  or  discomforts  to  the subject; 
p.000255:  (3)  A  description  of  any  benefits  to the subject or to others which may rea- sonably  be  expected  from  the 
p.000255:  research; 
...
Health / Mentally Disabled
Searching for indicator disabled:
(return to top)
           
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
p.000252:  the IRB. 
p.000252:  (f)  An  IRB  may,  in  its  discretion,  in- vite   individuals   with   competence   in special  areas  to  assist 
...
           
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:  § 27.114   Cooperative research. 
...
Searching for indicator mentally:
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p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
p.000252:  the IRB. 
...
           
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
...
Health / Motherhood/Family
Searching for indicator family:
(return to top)
           
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
p.000252:  the IRB. 
p.000252:  (f)  An  IRB  may,  in  its  discretion,  in- vite   individuals   with   competence   in special  areas  to  assist 
p.000252:  in  the  review  of issues  which  require  expertise  beyond or  in  addition  to  that  available  on  the IRB. 
p.000252:  These  individuals  may  not  vote with the IRB. 
p.000252:  § 27.108   IRB functions and operations. 
p.000252:  In order to fulfill the requirements of this policy each IRB shall: 
p.000252:  (a)  Follow  written  procedures  in  the same detail as described in § 27.103(b)(4) and,     to     the     extent 
p.000252:  required     by, 
p.000252:  § 27.103(b)(5). 
p.000252:  (b)  Except  when  an  expedited  review procedure  is  used  (see  § 27.110),  review proposed   research   at 
p.000252:  convened   meet- ings  at  which  a  majority  of  the  mem- bers  of  the  IRB  are  present,  including at   least 
p.000252:  one   member   whose   primary concerns  are  in  nonscientific  areas.  In order  for  the  research  to  be 
p.000252:  approved, it  shall  receive  the  approval  of  a  ma- jority  of  those  members  present  at  the meeting. 
p.000252:  § 27.109   IRB review of research. 
p.000252:  (a)  An  IRB  shall  review  and  have  au- thority  to  approve,  require  modifica- tions  in  (to  secure 
p.000252:  approval),  or  dis- approve  all  research  activities  covered by this policy. 
p.000252:  (b)  An  IRB  shall  require  that  infor- mation  given  to  subjects  as  part  of  in- formed  consent  is  in 
p.000252:  accordance  with 
...
Health / Pregnant
Searching for indicator pregnant:
(return to top)
           
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
...
           
p.000253:  (i)  By  using  procedures  which  are  con- sistent  with  sound  research  design  and which do not unnecessarily 
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
...
           
p.000255:  might   be   advan- tageous to the subject; 
p.000255:  (5)   A   statement   describing   the   ex- tent, if any, to which confidentiality of records  identifying  the 
p.000255:  subject  will  be maintained; 
p.000255:  (6)  For  research  involving  more  than minimal   risk,   an   explanation   as   to whether  any  compensation  and 
p.000255:  an  ex- planation  as  to  whether  any  medical treatments  are  available  if  injury  oc- curs and, if so, what they 
p.000255:  consist of, or where  further  information  may  be  ob- tained; 
p.000255:  (7)  An  explanation  of  whom  to  con- tact for answers to pertinent questions about  the  research  and  research 
p.000255:  sub- jects’  rights,  and  whom  to  contact  in the  event  of  a  research-related  injury to the subject; and 
p.000255:  (8)  A  statement  that  participation  is voluntary,  refusal  to  participate  will involve no penalty or loss of 
p.000255:  benefits to which the subject is otherwise entitled, and  the  subject  may  discontinue  par- ticipation at any time 
p.000255:  without penalty or loss of benefits to which the subject is otherwise entitled. 
p.000255:  (b)  Additional  elements  of  informed consent.    When    appropriate,    one    or more  of  the  following 
p.000255:  elements  of  in- formation   shall   also   be   provided   to each subject: 
p.000255:  (1)  A  statement  that  the  particular treatment   or   procedure   may   involve risks  to  the  subject  (or  to 
p.000255:  the  embryo or  fetus,  if  the  subject  is  or  may  be- come   pregnant)   which   are   currently unforeseeable; 
p.000255:  (2)  Anticipated  circumstances  under which  the  subject’s  participation  may be    terminated    by    the 
p.000255:  investigator without   regard   to   the   subject’s   con- sent; 
p.000255:  (3)  Any  additional  costs  to  the  sub- ject that may result from participation in the research; 
p.000255:  (4)  The  consequences  of  a  subject’s decision to withdraw from the research 
p.000255:  15 CFR Subtitle A (1–1–11 Edition) 
p.000255:  and procedures for orderly termination of participation by the subject; 
p.000255:  (5)  A  statement  that  significant  new findings developed during the course of the  research  which  may  relate  to 
p.000255:  the subject’s  willingness  to  continue  par- ticipation  will  be  provided  to  the  sub- ject; and 
p.000255:  (6)  The  approximate  number  of  sub- jects involved in the study. 
p.000255:  (c)  An  IRB  may  approve  a  consent procedure  which  does  not  include,  or which  alters,  some  or  all  of  the 
p.000255:  ele- ments   of   informed   consent   set   forth above, or waive the requirement to ob- tain informed consent 
p.000255:  provided the IRB finds and documents that: 
p.000255:  (1)   The   research   or   demonstration project is to be conducted by or subject to  the  approval  of  state  or 
p.000255:  local  gov- ernment   officials   and   is   designed   to study,  evaluate,  or  otherwise  examine: 
p.000255:  (i)  Public  benefit  of  service  programs; 
p.000255:  (ii) procedures for obtaining benefits or services   under   those   programs;   (iii) possible  changes  in  or 
p.000255:  alternatives  to those  programs  or  procedures;  or  (iv) possible  changes  in  methods  or  levels of   payment 
...
Social / Child
Searching for indicator children:
(return to top)
           
p.000249:  evaluation,   de- signed to develop or contribute to gen- eralizable  knowledge.  Activities  which meet    this 
p.000249:  definition    constitute    re- search   for   purposes   of   this   policy, whether  or  not  they  are  conducted 
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
p.000249:  agency  solely  as  part  of  the  depart- ment’s   or   agency’s   broader   responsi- bility  to  regulate  certain 
p.000249:  types  of  ac- tivities   whether   research   or   non-re- search   in   nature   (for   example,   Wage and   Hour 
p.000249:  requirements   administered by the Department of Labor). 
p.000249:  (f) Human  subject  means a living indi- vidual   about   whom   an   investigator 
p.000249:   
p.000249:  prisoners,  subpart  C.  The  exemption  at  45 CFR  part  46.101(b)(2),  for  research  involving survey  or 
p.000249:  interview  procedures  or  observa- tion of public behavior, does not apply to re- search  with  children,  subpart  D, 
p.000249:  except  for research involving observations of public be- havior  when  the  investigator(s)  do  not  par- ticipate 
p.000249:  in the activities being observed. 
p.000249:  15 CFR Subtitle A (1–1–11 Edition) 
p.000249:  (whether  professional  or  student)  con- ducting research obtains 
p.000249:  (1)    Data    through    intervention    or interaction with the individual, or 
p.000249:  (2) Identifiable private information. 
p.000249:  Intervention  includes both physical pro- cedures by which data are gathered (for example,  venipuncture)  and 
p.000249:  manipula- tions of the subject or the subject’s en- vironment  that  are  performed  for  re- search   purposes. 
p.000249:  Interaction   includes communication   or   interpersonal   con- tact  between  investigator  and  subject. ‘‘Private 
p.000249:  information’’   includes   infor- mation about behavior that occurs in a context in which an individual can rea- 
p.000249:  sonably  expect  that  no  observation  or recording is taking place, and informa- tion  which  has  been  provided 
p.000249:  for  spe- cific   purposes   by   an   individual   and which   the   individual   can   reasonably expect  will  not 
p.000249:  be  made  public  (for  ex- ample, a medical record). Private infor- mation  must  be  individually  identifi- able 
p.000249:  (i.e.,  the  identity  of  the  subject  is or  may  readily  be  ascertained  by  the investigator  or  associated 
p.000249:  with  the  in- formation)  in  order  for  obtaining  the information  to  constitute  research  in- volving human 
p.000249:  subjects. 
p.000249:  (g) IRB means an institutional review board  established  in  accord  with  and for  the  purposes  expressed  in  this 
p.000249:  pol- icy. 
p.000249:  (h)   IRB   approval   means   the   deter- mination  of  the  IRB  that  the  research has   been   reviewed   and 
...
           
p.000251:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000251:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
...
           
p.000253:  following  require- ments are satisfied: 
p.000253:  (1)  Risks  to  subjects  are  minimized: 
p.000253:  (i)  By  using  procedures  which  are  con- sistent  with  sound  research  design  and which do not unnecessarily 
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
...
Social / Fetus/Neonate
Searching for indicator fetus:
(return to top)
           
p.000255:  research; 
p.000255:  (4)  A  disclosure  of  appropriate  alter- native  procedures  or  courses  of  treat- ment,   if   any,   that 
p.000255:  might   be   advan- tageous to the subject; 
p.000255:  (5)   A   statement   describing   the   ex- tent, if any, to which confidentiality of records  identifying  the 
p.000255:  subject  will  be maintained; 
p.000255:  (6)  For  research  involving  more  than minimal   risk,   an   explanation   as   to whether  any  compensation  and 
p.000255:  an  ex- planation  as  to  whether  any  medical treatments  are  available  if  injury  oc- curs and, if so, what they 
p.000255:  consist of, or where  further  information  may  be  ob- tained; 
p.000255:  (7)  An  explanation  of  whom  to  con- tact for answers to pertinent questions about  the  research  and  research 
p.000255:  sub- jects’  rights,  and  whom  to  contact  in the  event  of  a  research-related  injury to the subject; and 
p.000255:  (8)  A  statement  that  participation  is voluntary,  refusal  to  participate  will involve no penalty or loss of 
p.000255:  benefits to which the subject is otherwise entitled, and  the  subject  may  discontinue  par- ticipation at any time 
p.000255:  without penalty or loss of benefits to which the subject is otherwise entitled. 
p.000255:  (b)  Additional  elements  of  informed consent.    When    appropriate,    one    or more  of  the  following 
p.000255:  elements  of  in- formation   shall   also   be   provided   to each subject: 
p.000255:  (1)  A  statement  that  the  particular treatment   or   procedure   may   involve risks  to  the  subject  (or  to 
p.000255:  the  embryo or  fetus,  if  the  subject  is  or  may  be- come   pregnant)   which   are   currently unforeseeable; 
p.000255:  (2)  Anticipated  circumstances  under which  the  subject’s  participation  may be    terminated    by    the 
p.000255:  investigator without   regard   to   the   subject’s   con- sent; 
p.000255:  (3)  Any  additional  costs  to  the  sub- ject that may result from participation in the research; 
p.000255:  (4)  The  consequences  of  a  subject’s decision to withdraw from the research 
p.000255:  15 CFR Subtitle A (1–1–11 Edition) 
p.000255:  and procedures for orderly termination of participation by the subject; 
p.000255:  (5)  A  statement  that  significant  new findings developed during the course of the  research  which  may  relate  to 
p.000255:  the subject’s  willingness  to  continue  par- ticipation  will  be  provided  to  the  sub- ject; and 
p.000255:  (6)  The  approximate  number  of  sub- jects involved in the study. 
p.000255:  (c)  An  IRB  may  approve  a  consent procedure  which  does  not  include,  or which  alters,  some  or  all  of  the 
p.000255:  ele- ments   of   informed   consent   set   forth above, or waive the requirement to ob- tain informed consent 
p.000255:  provided the IRB finds and documents that: 
p.000255:  (1)   The   research   or   demonstration project is to be conducted by or subject to  the  approval  of  state  or 
p.000255:  local  gov- ernment   officials   and   is   designed   to study,  evaluate,  or  otherwise  examine: 
p.000255:  (i)  Public  benefit  of  service  programs; 
p.000255:  (ii) procedures for obtaining benefits or services   under   those   programs;   (iii) possible  changes  in  or 
...
Social / Linguistic Proficiency
Searching for indicator language:
(return to top)
           
p.000254:  (b)  The  records  required  by  this  pol- icy   shall   be   retained   for   at   least   3 years,  and  records 
p.000254:  relating  to  research which  is  conducted  shall  be  retained for  at  least  3  years  after  completion  of the 
p.000254:  research. All records shall be acces- sible  for  inspection  and  copying  by  au- thorized  representatives  of  the 
p.000254:  depart- ment   or   agency   at   reasonable   times and in a reasonable manner. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:   
p.000254:  § 27.116   General  requirements  for  in- formed consent. 
p.000254:  Except  as  provided  elsewhere  in  this policy,  no  investigator  may  involve  a human  being  as  a  subject  in 
p.000254:  research covered by this policy unless the inves- tigator  has  obtained  the  legally  effec- tive informed consent of 
p.000254:  the subject or the   subject’s   legally   authorized   rep- resentative.  An  investigator  shall  seek such consent 
p.000254:  only under circumstances that  provide  the  prospective  subject  or the    representative    sufficient    oppor- 
p.000254:  tunity  to  consider  whether  or  not  to participate  and  that  minimize  the  pos- sibility  of  coercion  or 
p.000254:  undue  influence. The  information  that  is  given  to  the subject  or  the  representative  shall  be in language 
p.000254:  understandable to the sub- ject or the representative. No informed consent,  whether  oral  or  written,  may include 
p.000254:  any     exculpatory     language through  which  the  subject  or  the  rep- resentative  is  made  to  waive  or 
p.000254:  appear to   waive   any   of   the   subject’s   legal rights, or releases or appears to release the investigator, the 
p.000254:  sponsor, the insti- tution  or  its  agents  from  liability  for negligence. 
p.000254:  (a)  Basic  elements  of  informed  con- 
p.000254:  sent.  Except  as  provided  in  paragraph 
p.000254:  (c)  or  (d)  of  this  section,  in  seeking  in- formed  consent  the  following  informa- tion  shall  be  provided 
p.000254:  to  each  subject: 
p.000254:  (1)  A  statement  that  the  study  in- volves  research,  an  explanation  of  the purposes  of  the  research  and 
p.000254:  the  ex- pected duration of the subject’s partici- pation,  a  description  of  the  procedures to   be   followed, 
p.000254:  and   identification   of 
p.000255:  255 
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:   
p.000255:  § 27.116 
p.000255:  any    procedures    which    are    experi- mental; 
p.000255:  (2)  A  description  of  any  reasonably foreseeable  risks  or  discomforts  to  the subject; 
p.000255:  (3)  A  description  of  any  benefits  to the subject or to others which may rea- sonably  be  expected  from  the 
p.000255:  research; 
p.000255:  (4)  A  disclosure  of  appropriate  alter- native  procedures  or  courses  of  treat- ment,   if   any,   that 
p.000255:  might   be   advan- tageous to the subject; 
p.000255:  (5)   A   statement   describing   the   ex- tent, if any, to which confidentiality of records  identifying  the 
p.000255:  subject  will  be maintained; 
p.000255:  (6)  For  research  involving  more  than minimal   risk,   an   explanation   as   to whether  any  compensation  and 
...
Social / Police Officer
Searching for indicator officer:
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p.000248:  specific  re- search  activities  or  classes  of  research activities   otherwise   covered   by   this policy. Except 
p.000248:  when otherwise required by  statute  or  Executive  Order,  the  de- partment  or  agency  head  shall  forward advance 
p.000248:  notices of these actions to the Office   for   Human   Research   Protec- tions,     Department     of     Health 
p.000248:  and Human   Services   (HHS),   or   any   suc- cessor   office,   and   shall   also   publish them  in  the  FEDERAL 
p.000248:  REGISTER   or  in such  other  manner  as  provided  in  de- partment or agency procedures. 1 
p.000248:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000248:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000248:  June 23, 2005] 
p.000248:  state or local laws or regulations which 
p.000248:   
p.000248:  may otherwise be applicable and which provide     additional     protections     for human subjects. 
p.000248:  (g)  This  policy  does  not  affect  any foreign  laws  or  regulations  which  may otherwise  be  applicable  and 
p.000248:  which  pro- vide  additional  protections  to  human subjects of research. 
p.000248:  1 Institutions    with    HHS-approved    assur- ances on file will abide by provisions of title 
p.000248:  45  CFR  part  46  subparts  A–D.  Some  of  the other  Departments  and  Agencies  have  incor- porated all provisions 
p.000248:  of title 45 CFR part 46 into  their  policies  and  procedures  as  well. However,   the   exemptions   at   45   CFR 
p.000248:  part 46.101(b)  do  not  apply  to  research  involving 
p.000248:  Continued 
p.000249:  249 
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:  § 27.102 
p.000249:  § 27.102   Definitions. 
p.000249:  (a)  Department  or  agency  head  means the  head  of  any  federal  department  or agency  and  any  other  officer 
p.000249:  or  em- ployee  of  any  department  or  agency  to whom authority has been delegated. 
p.000249:  (b)   Institution   means   any   public   or private entity or agency (including fed- eral, state, and other 
p.000249:  agencies). 
p.000249:  (c)   Legally    authorized    representative means   an   individual   or   judicial   or other body authorized under 
p.000249:  applicable law  to  consent  on  behalf  of  a  prospec- tive  subject  to  the  subject’s  participa- tion in the 
p.000249:  procedure(s) involved in the research. 
p.000249:  (d)  Research  means  a  systematic  in- vestigation,   including   research   devel- opment,   testing   and 
p.000249:  evaluation,   de- signed to develop or contribute to gen- eralizable  knowledge.  Activities  which meet    this 
p.000249:  definition    constitute    re- search   for   purposes   of   this   policy, whether  or  not  they  are  conducted 
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
...
Social / Racial Minority
Searching for indicator race:
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p.000251:  each applica- tion  or  proposal  for  research  covered by  the  assurance  and  by  § 27.103  of  this Policy  has 
p.000251:  been  reviewed  and  approved by the IRB. Such certification must be submitted  with  the  application  or  pro- posal 
p.000251:  or  by  such  later  date  as  may  be prescribed  by  the  department  or  agen- cy to which the application or 
p.000251:  proposal is  submitted.  Under  no  condition  shall research  covered  by  § 27.103  of  the  Pol- icy be supported 
p.000251:  prior to receipt of the certification that the research has been reviewed  and  approved  by  the  IRB.  In- stitutions 
p.000251:  without  an  approved  assur- 
p.000251:  15 CFR Subtitle A (1–1–11 Edition) 
p.000251:  ance covering the research shall certify within 30 days after receipt of a request for  such  a  certification  from 
p.000251:  the  de- partment  or  agency,  that  the  applica- tion  or  proposal  has  been  approved  by the IRB. If the 
p.000251:  certification is not sub- mitted  within  these  time  limits,  the application   or   proposal   may   be   re- turned 
p.000251:  to the institution. 
p.000251:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000251:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
...
Social / Soldier
Searching for indicator military:
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p.000247:  27.112    Review by institution. 
p.000247:  27.113    Suspension or termination of IRB ap- proval of research. 
p.000247:  27.114    Cooperative research. 
p.000247:  27.115    IRB records. 
p.000247:  27.116    General   requirements   for   informed consent. 
p.000247:  27.117    Documentation of informed consent. 
p.000247:  27.118    Applications   and   proposals   lacking definite  plans  for  involvement  of  human subjects. 
p.000247:  27.119    Research  undertaken  without  the  in- tention of involving human subjects. 
p.000247:  27.120    Evaluation and disposition of applica- tions   and   proposals   for   research   to   be conducted  or 
p.000247:  supported  by  a  Federal  De- partment or Agency. 
p.000247:  27.121    [Reserved] 
p.000247:  27.122    Use of Federal funds. 
p.000247:  27.123    Early   termination   of   research   sup- port: Evaluation of applications and pro- posals. 
p.000247:  27.124    Conditions. 
p.000247:  AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v–1(b). 
p.000247:  SOURCE:  56  FR  28012,  28019,  June  18,  1991, 
p.000247:  unless otherwise noted. 
p.000247:   
p.000247:  § 27.101   To    what    does    this    policy apply? 
p.000247:  (a)  Except  as  provided  in  paragraph 
p.000247:  (b)  of  this  section,  this  policy  applies to  all  research  involving  human  sub- jects conducted, supported or 
p.000247:  otherwise subject to regulation by any federal de- partment or agency which takes appro- priate  administrative  action 
p.000247:  to  make the  policy  applicable  to  such  research. This   includes   research   conducted   by federal  civilian 
p.000247:  employees  or  military personnel, except that each department or  agency  head  may  adopt  such  proce- dural 
p.000247:  modifications  as  may  be  appro- priate   from   an   administrative   stand- point.   It   also   includes 
p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
p.000247:  strategies, or (ii) research on the effectiveness    of    or    the    comparison among   instructional   techniques, 
...
Social / Student
Searching for indicator student:
(return to top)
           
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
p.000249:  agency  solely  as  part  of  the  depart- ment’s   or   agency’s   broader   responsi- bility  to  regulate  certain 
p.000249:  types  of  ac- tivities   whether   research   or   non-re- search   in   nature   (for   example,   Wage and   Hour 
p.000249:  requirements   administered by the Department of Labor). 
p.000249:  (f) Human  subject  means a living indi- vidual   about   whom   an   investigator 
p.000249:   
p.000249:  prisoners,  subpart  C.  The  exemption  at  45 CFR  part  46.101(b)(2),  for  research  involving survey  or 
p.000249:  interview  procedures  or  observa- tion of public behavior, does not apply to re- search  with  children,  subpart  D, 
p.000249:  except  for research involving observations of public be- havior  when  the  investigator(s)  do  not  par- ticipate 
p.000249:  in the activities being observed. 
p.000249:  15 CFR Subtitle A (1–1–11 Edition) 
p.000249:  (whether  professional  or  student)  con- ducting research obtains 
p.000249:  (1)    Data    through    intervention    or interaction with the individual, or 
p.000249:  (2) Identifiable private information. 
p.000249:  Intervention  includes both physical pro- cedures by which data are gathered (for example,  venipuncture)  and 
p.000249:  manipula- tions of the subject or the subject’s en- vironment  that  are  performed  for  re- search   purposes. 
p.000249:  Interaction   includes communication   or   interpersonal   con- tact  between  investigator  and  subject. ‘‘Private 
p.000249:  information’’   includes   infor- mation about behavior that occurs in a context in which an individual can rea- 
p.000249:  sonably  expect  that  no  observation  or recording is taking place, and informa- tion  which  has  been  provided 
p.000249:  for  spe- cific   purposes   by   an   individual   and which   the   individual   can   reasonably expect  will  not 
p.000249:  be  made  public  (for  ex- ample, a medical record). Private infor- mation  must  be  individually  identifi- able 
p.000249:  (i.e.,  the  identity  of  the  subject  is or  may  readily  be  ascertained  by  the investigator  or  associated 
p.000249:  with  the  in- formation)  in  order  for  obtaining  the information  to  constitute  research  in- volving human 
p.000249:  subjects. 
p.000249:  (g) IRB means an institutional review board  established  in  accord  with  and for  the  purposes  expressed  in  this 
p.000249:  pol- icy. 
p.000249:  (h)   IRB   approval   means   the   deter- mination  of  the  IRB  that  the  research has   been   reviewed   and 
p.000249:  may   be   con- ducted   at   an   institution   within   the constraints set forth by the IRB and by other 
p.000249:  institutional and federal require- ments. 
...
Social / Women
Searching for indicator women:
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p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
p.000252:  the IRB. 
p.000252:  (f)  An  IRB  may,  in  its  discretion,  in- vite   individuals   with   competence   in special  areas  to  assist 
p.000252:  in  the  review  of issues  which  require  expertise  beyond or  in  addition  to  that  available  on  the IRB. 
p.000252:  These  individuals  may  not  vote with the IRB. 
p.000252:  § 27.108   IRB functions and operations. 
p.000252:  In order to fulfill the requirements of this policy each IRB shall: 
p.000252:  (a)  Follow  written  procedures  in  the same detail as described in § 27.103(b)(4) and,     to     the     extent 
p.000252:  required     by, 
p.000252:  § 27.103(b)(5). 
...
           
p.000253:  expose sub- jects  to  risk,  and  (ii)  whenever  appro- priate,   by   using   procedures   already being  performed 
p.000253:  on  the  subjects  for  di- agnostic or treatment purposes. 
p.000253:  (2)  Risks  to  subjects  are  reasonable in  relation  to  anticipated  benefits,  if any, to subjects, and the 
p.000253:  importance of the  knowledge  that  may  reasonably  be expected  to  result.  In  evaluating  risks and  benefits, 
p.000253:  the  IRB  should  consider only  those  risks  and  benefits  that  may result   from   the   research   (as   distin- 
p.000253:  guished   from   risks   and   benefits   of therapies subjects would receive even if not  participating  in  the 
p.000253:  research).  The IRB  should  not  consider  possible  long- range   effects   of   applying   knowledge gained   in 
p.000253:  the   research   (for   example, the  possible  effects  of  the  research  on public  policy)  as  among  those 
p.000253:  research 
p.000253:  15 CFR Subtitle A (1–1–11 Edition) 
p.000253:  risks that fall within the purview of its responsibility. 
p.000253:  (3)  Selection  of  subjects  is  equitable. In   making   this   assessment   the   IRB should  take  into  account 
p.000253:  the  purposes of   the   research   and   the   setting   in which  the  research  will  be  conducted and should be 
p.000253:  particularly cognizant of the   special   problems   of   research   in- volving vulnerable populations, such as 
p.000253:  children,   prisoners,   pregnant   women, mentally disabled persons, or economi- cally   or   educationally 
p.000253:  disadvantaged persons. 
p.000253:  (4)  Informed  consent  will  be  sought 
p.000253:  from  each  prospective  subject  or  the subject’s legally authorized representa- tive, in accordance with, and to the 
p.000253:  ex- tent required by § 27.116. 
p.000253:  (5)  Informed  consent  will  be  appro- priately    documented,    in    accordance with,   and   to   the   extent 
p.000253:  required   by 
p.000253:  § 27.117. 
p.000253:  (6)   When   appropriate,   the   research plan    makes    adequate    provision    for monitoring  the  data 
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
...
Social / Youth/Minors
Searching for indicator minor:
(return to top)
           
p.000247:  or the  Attorney  General,  as  appropriate. The  reviewing  official  may  recommend settlement    terms    to    the 
p.000247:  authority head,  or  the  Attorney  General,  as  ap- propriate. 
p.000247:  (f)   Any   compromise   or   settlement must be in writing. 
p.000247:  § 25.47   Limitations. 
p.000247:  (a) The notice of hearing with respect to a claim or statement must be served in  the  manner  specified  in  § 25.8 
p.000247:  within 
p.000247:  6  years  after  the  date  on  which  such claim or statement is made. 
p.000247:  (b)  If  the  respondent  fails  to  file  a timely   answer,   service   of   a   notice under § 25.10(b) shall be 
p.000247:  deemed a notice of  hearing  for  purposes  of  this  section. 
p.000247:  (c) The statute of limitations may be extended by agreement of the parties. 
p.000247:   
p.000247:  PART 26 [RESERVED] 
p.000247:  PART 27—PROTECTION OF HUMAN SUBJECTS 
p.000247:  Sec. 
p.000247:  27.101    To what does this policy apply? 
p.000247:  27.102    Definitions. 
p.000247:  27.103    Assuring   compliance   with   this   pol- icy—research  conducted  or  supported  by any Federal Department 
p.000247:  or Agency. 
p.000247:  27.104–27.106    [Reserved] 
p.000247:  27.107    IRB membership. 
p.000247:  27.108    IRB functions and operations. 
p.000247:  27.109    IRB review of research. 
p.000247:  27.110    Expedited  review  procedures  for  cer- tain kinds of research involving no more 
p.000247:  247 
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:  § 27.101 
p.000247:  than    minimal    risk,    and    for    minor changes in approved research. 
p.000247:  27.111    Criteria for IRB approval of research. 
p.000247:  27.112    Review by institution. 
p.000247:  27.113    Suspension or termination of IRB ap- proval of research. 
p.000247:  27.114    Cooperative research. 
p.000247:  27.115    IRB records. 
p.000247:  27.116    General   requirements   for   informed consent. 
p.000247:  27.117    Documentation of informed consent. 
p.000247:  27.118    Applications   and   proposals   lacking definite  plans  for  involvement  of  human subjects. 
p.000247:  27.119    Research  undertaken  without  the  in- tention of involving human subjects. 
p.000247:  27.120    Evaluation and disposition of applica- tions   and   proposals   for   research   to   be conducted  or 
p.000247:  supported  by  a  Federal  De- partment or Agency. 
p.000247:  27.121    [Reserved] 
p.000247:  27.122    Use of Federal funds. 
p.000247:  27.123    Early   termination   of   research   sup- port: Evaluation of applications and pro- posals. 
p.000247:  27.124    Conditions. 
p.000247:  AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v–1(b). 
p.000247:  SOURCE:  56  FR  28012,  28019,  June  18,  1991, 
p.000247:  unless otherwise noted. 
p.000247:   
p.000247:  § 27.101   To    what    does    this    policy apply? 
p.000247:  (a)  Except  as  provided  in  paragraph 
p.000247:  (b)  of  this  section,  this  policy  applies to  all  research  involving  human  sub- jects conducted, supported or 
p.000247:  otherwise subject to regulation by any federal de- partment or agency which takes appro- priate  administrative  action 
p.000247:  to  make the  policy  applicable  to  such  research. This   includes   research   conducted   by federal  civilian 
...
           
p.000252:  (c)  An  IRB  shall  require  documenta- tion  of  informed  consent  or  may  waive documentation    in    accordance 
p.000252:  with 
p.000252:  § 27.117. 
p.000252:  (d)  An  IRB  shall  notify  investigators and the institution in writing of its de- cision to approve or disapprove 
p.000252:  the pro- posed research activity, or of modifica- tions  required  to  secure  IRB  approval of  the  research 
p.000252:  activity.  If  the  IRB  de- cides to disapprove a research activity, it  shall  include  in  its  written  notifica- 
p.000252:  tion  a  statement  of  the  reasons  for  its decision  and  give  the  investigator  an opportunity  to  respond  in 
p.000252:  person  or  in writing. 
p.000252:  (e)  An  IRB  shall  conduct  continuing 
p.000252:  review  of  research  covered  by  this  pol- icy  at  intervals  appropriate  to  the  de- gree of risk, but not less 
p.000252:  than once per year,  and  shall  have  authority  to  ob- serve or have a third party observe the consent process and 
p.000252:  the research. 
p.000252:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000252:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000252:  at 70 FR 36328, June 23, 2005] 
p.000252:   
p.000252:  § 27.110   Expedited   review   procedures for certain kinds of research involv- ing no more than minimal risk, and for 
p.000252:  minor  changes  in  approved  re- search. 
p.000252:  (a)  The  Secretary,  HHS,  has  estab- lished, and published as a Notice in the FEDERAL  REGISTER,  a  list  of 
p.000252:  categories of  research  that  may  be  reviewed  by the  IRB  through  an  expedited  review procedure. The list will 
p.000252:  be amended, as appropriate    after    consultation    with other      departments      and      agencies, through 
p.000252:  periodic  republication  by  the Secretary,  HHS,  in  the  FEDERAL  REG- ISTER.  A  copy  of  the  list  is  available 
p.000252:  from   the   Office   for   Human   Research Protections,  HHS,  or  any  successor  of- fice. 
p.000252:  (b) An IRB may use the expedited re- 
p.000252:  view procedure to review either or both of the following: 
p.000252:  (1)  Some  or  all  of  the  research  ap- pearing on the list and found by the re- viewer(s) to involve no more than 
p.000252:  mini- mal risk, 
p.000252:  (2)  Minor  changes  in  previously  ap- proved  research  during  the  period  (of 
p.000253:  253 
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:  § 27.111 
p.000253:  one  year  or  less)  for  which  approval  is authorized. 
p.000253:  Under an expedited review procedure, the  review  may  be  carried  out  by  the IRB  chairperson  or  by  one  or 
p.000253:  more  ex- perienced  reviewers  designated  by  the chairperson   from   among   members   of the IRB. In reviewing the 
p.000253:  research, the reviewers  may  exercise  all  of  the  au- thorities of the IRB except that the re- viewers   may   not 
p.000253:  disapprove   the   re- search. A research activity may be dis- approved  only  after  review  in  accord- ance  with 
p.000253:  the  non-expedited  procedure set forth in § 27.108(b). 
p.000253:  (c) Each IRB which uses an expedited review  procedure  shall  adopt  a  method for  keeping  all  members  advised  of 
p.000253:  re- search  proposals  which  have  been  ap- proved under the procedure. 
p.000253:  (d)  The  department  or  agency  head may   restrict,   suspend,   terminate,   or choose   not   to   authorize   an 
p.000253:  institu- tion’s  or  IRB’s  use  of  the  expedited  re- view procedure. 
p.000253:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000253:  at 70 FR 36328, June 23, 2005] 
p.000253:   
p.000253:  § 27.111   Criteria  for  IRB  approval  of research. 
p.000253:  (a)  In  order  to  approve  research  cov- ered by this policy the IRB shall deter- mine  that  all  of  the 
p.000253:  following  require- ments are satisfied: 
p.000253:  (1)  Risks  to  subjects  are  minimized: 
p.000253:  (i)  By  using  procedures  which  are  con- sistent  with  sound  research  design  and which do not unnecessarily 
...
Social / education
Searching for indicator education:
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p.000247:  modifications  as  may  be  appro- priate   from   an   administrative   stand- point.   It   also   includes 
p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
p.000247:  strategies, or (ii) research on the effectiveness    of    or    the    comparison among   instructional   techniques, 
p.000247:  cur- ricula,     or     classroom     management methods. 
p.000247:  (2) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures, interview procedures or observa- tion of public behavior, unless: 
p.000247:  (i)  Information  obtained  is  recorded in  such  a  manner  that  human  subjects can  be  identified,  directly  or 
p.000247:  through identifiers linked to the subjects; and 
p.000247:  (ii) Any disclosure of the human sub- jects’   responses   outside   the   research could  reasonably  place  the 
p.000247:  subjects  at risk  of  criminal  or  civil  liability  or  be damaging   to   the   subjects’   financial standing, 
p.000247:  employability, or reputation. 
p.000247:  (3) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures,  interview  procedures,  or  obser- vation  of  public  behavior  that  is  not exempt  under  paragraph 
p.000247:  (b)(2)  of  this section, if: 
p.000247:  (i) The human subjects are elected or appointed public officials or candidates for public office; or 
p.000247:  (ii) Federal statute(s) require(s) with- out  exception  that  the  confidentiality of  the  personally  identifiable 
p.000247:  informa- tion will be maintained throughout the research and thereafter. 
p.000247:  (4) Research, involving the collection or  study  of  existing  data,  documents, records,  pathological  specimens, 
...
Searching for indicator educational:
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p.000247:  otherwise subject to regulation by any federal de- partment or agency which takes appro- priate  administrative  action 
p.000247:  to  make the  policy  applicable  to  such  research. This   includes   research   conducted   by federal  civilian 
p.000247:  employees  or  military personnel, except that each department or  agency  head  may  adopt  such  proce- dural 
p.000247:  modifications  as  may  be  appro- priate   from   an   administrative   stand- point.   It   also   includes 
p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
p.000247:  strategies, or (ii) research on the effectiveness    of    or    the    comparison among   instructional   techniques, 
p.000247:  cur- ricula,     or     classroom     management methods. 
p.000247:  (2) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures, interview procedures or observa- tion of public behavior, unless: 
p.000247:  (i)  Information  obtained  is  recorded in  such  a  manner  that  human  subjects can  be  identified,  directly  or 
p.000247:  through identifiers linked to the subjects; and 
p.000247:  (ii) Any disclosure of the human sub- jects’   responses   outside   the   research could  reasonably  place  the 
p.000247:  subjects  at risk  of  criminal  or  civil  liability  or  be damaging   to   the   subjects’   financial standing, 
p.000247:  employability, or reputation. 
p.000247:  (3) Research involving the use of edu- cational   tests   (cognitive,   diagnostic, aptitude,  achievement),  survey 
p.000247:  proce- dures,  interview  procedures,  or  obser- vation  of  public  behavior  that  is  not exempt  under  paragraph 
p.000247:  (b)(2)  of  this section, if: 
p.000247:  (i) The human subjects are elected or appointed public officials or candidates for public office; or 
p.000247:  (ii) Federal statute(s) require(s) with- out  exception  that  the  confidentiality of  the  personally  identifiable 
p.000247:  informa- tion will be maintained throughout the research and thereafter. 
...
Social / embryo
Searching for indicator embryo:
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p.000255:  research; 
p.000255:  (4)  A  disclosure  of  appropriate  alter- native  procedures  or  courses  of  treat- ment,   if   any,   that 
p.000255:  might   be   advan- tageous to the subject; 
p.000255:  (5)   A   statement   describing   the   ex- tent, if any, to which confidentiality of records  identifying  the 
p.000255:  subject  will  be maintained; 
p.000255:  (6)  For  research  involving  more  than minimal   risk,   an   explanation   as   to whether  any  compensation  and 
p.000255:  an  ex- planation  as  to  whether  any  medical treatments  are  available  if  injury  oc- curs and, if so, what they 
p.000255:  consist of, or where  further  information  may  be  ob- tained; 
p.000255:  (7)  An  explanation  of  whom  to  con- tact for answers to pertinent questions about  the  research  and  research 
p.000255:  sub- jects’  rights,  and  whom  to  contact  in the  event  of  a  research-related  injury to the subject; and 
p.000255:  (8)  A  statement  that  participation  is voluntary,  refusal  to  participate  will involve no penalty or loss of 
p.000255:  benefits to which the subject is otherwise entitled, and  the  subject  may  discontinue  par- ticipation at any time 
p.000255:  without penalty or loss of benefits to which the subject is otherwise entitled. 
p.000255:  (b)  Additional  elements  of  informed consent.    When    appropriate,    one    or more  of  the  following 
p.000255:  elements  of  in- formation   shall   also   be   provided   to each subject: 
p.000255:  (1)  A  statement  that  the  particular treatment   or   procedure   may   involve risks  to  the  subject  (or  to 
p.000255:  the  embryo or  fetus,  if  the  subject  is  or  may  be- come   pregnant)   which   are   currently unforeseeable; 
p.000255:  (2)  Anticipated  circumstances  under which  the  subject’s  participation  may be    terminated    by    the 
p.000255:  investigator without   regard   to   the   subject’s   con- sent; 
p.000255:  (3)  Any  additional  costs  to  the  sub- ject that may result from participation in the research; 
p.000255:  (4)  The  consequences  of  a  subject’s decision to withdraw from the research 
p.000255:  15 CFR Subtitle A (1–1–11 Edition) 
p.000255:  and procedures for orderly termination of participation by the subject; 
p.000255:  (5)  A  statement  that  significant  new findings developed during the course of the  research  which  may  relate  to 
p.000255:  the subject’s  willingness  to  continue  par- ticipation  will  be  provided  to  the  sub- ject; and 
p.000255:  (6)  The  approximate  number  of  sub- jects involved in the study. 
p.000255:  (c)  An  IRB  may  approve  a  consent procedure  which  does  not  include,  or which  alters,  some  or  all  of  the 
p.000255:  ele- ments   of   informed   consent   set   forth above, or waive the requirement to ob- tain informed consent 
p.000255:  provided the IRB finds and documents that: 
p.000255:  (1)   The   research   or   demonstration project is to be conducted by or subject to  the  approval  of  state  or 
p.000255:  local  gov- ernment   officials   and   is   designed   to study,  evaluate,  or  otherwise  examine: 
p.000255:  (i)  Public  benefit  of  service  programs; 
...
Social / employees
Searching for indicator employees:
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p.000247:  27.111    Criteria for IRB approval of research. 
p.000247:  27.112    Review by institution. 
p.000247:  27.113    Suspension or termination of IRB ap- proval of research. 
p.000247:  27.114    Cooperative research. 
p.000247:  27.115    IRB records. 
p.000247:  27.116    General   requirements   for   informed consent. 
p.000247:  27.117    Documentation of informed consent. 
p.000247:  27.118    Applications   and   proposals   lacking definite  plans  for  involvement  of  human subjects. 
p.000247:  27.119    Research  undertaken  without  the  in- tention of involving human subjects. 
p.000247:  27.120    Evaluation and disposition of applica- tions   and   proposals   for   research   to   be conducted  or 
p.000247:  supported  by  a  Federal  De- partment or Agency. 
p.000247:  27.121    [Reserved] 
p.000247:  27.122    Use of Federal funds. 
p.000247:  27.123    Early   termination   of   research   sup- port: Evaluation of applications and pro- posals. 
p.000247:  27.124    Conditions. 
p.000247:  AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v–1(b). 
p.000247:  SOURCE:  56  FR  28012,  28019,  June  18,  1991, 
p.000247:  unless otherwise noted. 
p.000247:   
p.000247:  § 27.101   To    what    does    this    policy apply? 
p.000247:  (a)  Except  as  provided  in  paragraph 
p.000247:  (b)  of  this  section,  this  policy  applies to  all  research  involving  human  sub- jects conducted, supported or 
p.000247:  otherwise subject to regulation by any federal de- partment or agency which takes appro- priate  administrative  action 
p.000247:  to  make the  policy  applicable  to  such  research. This   includes   research   conducted   by federal  civilian 
p.000247:  employees  or  military personnel, except that each department or  agency  head  may  adopt  such  proce- dural 
p.000247:  modifications  as  may  be  appro- priate   from   an   administrative   stand- point.   It   also   includes 
p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
p.000247:  (b)  Unless  otherwise  required  by  de- partment or agency heads, research ac- tivities  in  which  the  only 
p.000247:  involvement of  human  subjects  will  be  in  one  or more   of   the   following   categories   are exempt from this 
p.000247:  policy: 
p.000247:  (1) Research conducted in established or commonly accepted educational set- tings,    involving    normal 
p.000247:  educational practices,  such  as  (i)  research  on  reg- ular    and    special    education    instruc- tional 
...
           
p.000250:  (ii)  for  determining  which  projects  re- quire  review  more  often  than  annually and   which   projects   need 
p.000250:  verification from  sources  other  than  the  investiga- tors  that  no  material  changes  have  oc- curred  since 
p.000250:  previous  IRB  review;  and 
p.000250:  (iii)  for  ensuring  prompt  reporting  to the  IRB  of  proposed  changes  in  a  re- search  activity,  and  for 
p.000250:  ensuring  that such   changes   in   approved   research, during   the   period   for   which   IRB   ap- proval has 
p.000250:  already been given, may not be   initiated   without   IRB   review   and approval    except    when    necessary    to 
p.000250:  eliminate  apparent  immediate  hazards to the subject. 
p.000250:  (5)   Written   procedures   for   ensuring prompt   reporting   to   the   IRB,   appro- priate  institutional 
p.000250:  officials,  and  the department  or  agency  head  of  (i)  any unanticipated problems involving risks to  subjects  or 
p.000250:  others  or  any  serious  or continuing   noncompliance   with   this 
p.000251:  251 
p.000251:   
p.000251:   
p.000251:   
p.000251:   
p.000251:   
p.000251:   
p.000251:   
p.000251:   
p.000251:  §§ 27.104–27.106 
p.000251:  policy   or   the   requirements   or   deter- minations  of  the  IRB  and  (ii)  any  sus- pension   or   termination 
p.000251:  of   IRB   ap- proval. 
p.000251:  (c)  The  assurance  shall  be  executed by  an  individual  authorized  to  act  for the institution and to assume on 
p.000251:  behalf of  the  institution  the  obligations  im- posed  by  this  policy  and  shall  be  filed in such form and 
p.000251:  manner as the depart- ment or agency head prescribes. 
p.000251:  (d)  The  department  or  agency  head will  evaluate  all  assurances  submitted in  accordance  with  this  policy 
p.000251:  through such  officers  and  employees  of  the  de- partment  or  agency  and  such  experts or consultants engaged 
p.000251:  for this purpose as  the  department  or  agency  head  de- termines to be appropriate. The depart- ment  or  agency 
p.000251:  head’s  evaluation  will take  into  consideration  the  adequacy of  the  proposed  IRB  in  light  of  the  an- 
p.000251:  ticipated  scope  of  the  institution’s  re- search  activities  and  the  types  of  sub- ject  populations  likely 
p.000251:  to  be  involved, the appropriateness of the proposed ini- tial  and  continuing  review  procedures in  light  of  the 
p.000251:  probable  risks,  and  the size  and  complexity  of  the  institution. 
p.000251:  (e)  On  the  basis  of  this  evaluation, 
p.000251:  the   department   or   agency   head   may approve or disapprove the assurance, or enter  into  negotiations  to 
p.000251:  develop  an approvable   one.   The   department   or agency  head  may  limit  the  period  dur- ing  which  any 
p.000251:  particular  approved  as- surance or class of approved assurances shall   remain   effective   or   otherwise condition 
p.000251:  or restrict approval. 
p.000251:  (f)  Certification  is  required  when  the research  is  supported  by  a  federal  de- partment  or  agency  and  not 
p.000251:  otherwise exempted or waived under § 27.101 (b) or (i). An institution with an approved as- surance shall certify that 
p.000251:  each applica- tion  or  proposal  for  research  covered by  the  assurance  and  by  § 27.103  of  this Policy  has 
p.000251:  been  reviewed  and  approved by the IRB. Such certification must be submitted  with  the  application  or  pro- posal 
p.000251:  or  by  such  later  date  as  may  be prescribed  by  the  department  or  agen- cy to which the application or 
p.000251:  proposal is  submitted.  Under  no  condition  shall research  covered  by  § 27.103  of  the  Pol- icy be supported 
...
           
p.000256:  projects  in  which  human subject’s involvement will depend upon completion  of  instruments,  prior  ani- mal 
p.000256:  studies,   or   purification   of   com- pounds. These applications need not be reviewed  by  an  IRB  before  an 
p.000256:  award may  be  made.  However,  except  for  re- search    exempted    or    waived    under 
p.000256:  § 27.101   (b)   or   (i),   no   human   subjects 
p.000256:  may  be  involved  in  any  project  sup- ported    by    these    awards    until    the project has been reviewed and 
p.000256:  approved by  the  IRB,  as  provided  in  this  policy, and  certification  submitted,  by  the  in- stitution, to the 
p.000256:  department or agency. 
p.000256:  § 27.119   Research  undertaken  without the   intention   of   involving   human subjects. 
p.000256:  In  the  event  research  is  undertaken without    the    intention    of    involving 
p.000257:  257 
p.000257:   
p.000257:   
p.000257:   
p.000257:   
p.000257:   
p.000257:   
p.000257:   
p.000257:   
p.000257:  § 27.120 
p.000257:  human   subjects,   but   it   is   later   pro- posed to involve human subjects in the research, the research shall 
p.000257:  first be re- viewed and approved by an IRB, as pro- vided in this policy, a certification sub- mitted,  by  the 
p.000257:  institution,  to  the  de- partment or agency, and final approval given to the proposed change by the de- partment or 
p.000257:  agency. 
p.000257:  § 27.120   Evaluation  and  disposition  of applications  and  proposals  for  re- search   to   be   conducted   or 
p.000257:  sup- ported  by  a  Federal  Department  or Agency. 
p.000257:  (a)  The  department  or  agency  head will  evaluate  all  applications  and  pro- posals  involving  human  subjects 
p.000257:  sub- mitted   to   the   department   or   agency through such officers and employees of the department or agency and 
p.000257:  such ex- perts   and   consultants   as   the   depart- ment  or  agency  head  determines  to  be appropriate.  This 
p.000257:  evaluation  will  take into consideration the risks to the sub- jects,    the    adequacy    of    protection against 
p.000257:  these risks, the potential bene- fits  of  the  research  to  the  subjects  and others,    and    the    importance 
p.000257:  of    the knowledge gained or to be gained. 
p.000257:  (b)  On  the  basis  of  this  evaluation, the   department   or   agency   head   may approve  or  disapprove  the 
p.000257:  application or  proposal,  or  enter  into  negotiations to develop an approvable one. 
p.000257:  § 27.121   [Reserved] 
p.000257:  § 27.122   Use of Federal funds. 
p.000257:  Federal  funds  administered  by  a  de- partment   or   agency   may   not   be   ex- pended  for  research  involving 
p.000257:  human subjects   unless   the   requirements   of this policy have been satisfied. 
p.000257:  § 27.123   Early  termination  of  research support:  Evaluation  of  applications and proposals. 
p.000257:  (a)  The  department  or  agency  head may require that department or agency support  for  any  project  be  terminated 
p.000257:  or  suspended  in  the  manner  prescribed in   applicable   program   requirements, when  the  department  or  agency 
p.000257:  head finds    an    institution    has    materially failed to comply with the terms of this policy. 
p.000257:  (b)  In  making  decisions  about  sup- 
p.000257:  porting   or   approving   applications   or proposals covered by this policy the de- 
p.000257:  15 CFR Subtitle A (1–1–11 Edition) 
p.000257:  partment   or   agency   head   may   take into  account,  in  addition  to  all  other eligibility   requirements 
p.000257:  and   program criteria,  factors  such  as  whether  the applicant  has  been  subject  to  a  termi- nation  or 
p.000257:  suspension  under  paragraph 
p.000257:  (a)  of  this  section  and  whether  the  ap- plicant  or  the  person  or  persons  who would  direct  or  has  have 
p.000257:  directed  the scientific  and  technical  aspects  of  an activity  has  have,  in  the  judgment  of the  department 
p.000257:  or  agency  head,  mate- rially failed to discharge responsibility for   the   protection   of   the   rights   and 
p.000257:  welfare  of  human  subjects  (whether  or not  the  research  was  subject  to  federal regulation). 
p.000257:  § 27.124   Conditions. 
p.000257:  With  respect  to  any  research  project or any class of research projects the de- partment  or  agency  head  may 
p.000257:  impose additional conditions prior to or at the time of approval when in the judgment of the department or agency head 
p.000257:  addi- tional  conditions  are  necessary  for  the protection of human subjects. 
p.000257:   
p.000257:  PART 28—NEW RESTRICTIONS ON LOBBYING 
p.000257:  Subpart A—General 
p.000257:  Sec. 
p.000257:  28.100    Conditions on use of funds. 
p.000257:  28.105    Definitions. 
p.000257:  28.110    Certification and disclosure. 
p.000257:  Subpart B—Activities by Own Employees 
p.000257:  28.200    Agency and legislative liaison. 
p.000257:  28.205    Professional and technical services. 
p.000257:  28.210    Reporting. 
p.000257:  Subpart C—Activities by Other Than Own Employees 
p.000257:  28.300    Professional and technical services. 
p.000257:  Subpart D—Penalties and Enforcement 
p.000257:  28.400    Penalties. 
p.000257:  28.405    Penalty procedures. 
p.000257:  28.410    Enforcement. 
p.000257:  Subpart E—Exemptions 
p.000257:  28.500    Secretary of Defense. 
p.000257:  Subpart F—Agency Reports 
p.000257:  28.600    Semi-annual compilation. 28.605    Inspector General report. 
...
Social / gender
Searching for indicator gender:
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p.000251:  been  reviewed  and  approved by the IRB. Such certification must be submitted  with  the  application  or  pro- posal 
p.000251:  or  by  such  later  date  as  may  be prescribed  by  the  department  or  agen- cy to which the application or 
p.000251:  proposal is  submitted.  Under  no  condition  shall research  covered  by  § 27.103  of  the  Pol- icy be supported 
p.000251:  prior to receipt of the certification that the research has been reviewed  and  approved  by  the  IRB.  In- stitutions 
p.000251:  without  an  approved  assur- 
p.000251:  15 CFR Subtitle A (1–1–11 Edition) 
p.000251:  ance covering the research shall certify within 30 days after receipt of a request for  such  a  certification  from 
p.000251:  the  de- partment  or  agency,  that  the  applica- tion  or  proposal  has  been  approved  by the IRB. If the 
p.000251:  certification is not sub- mitted  within  these  time  limits,  the application   or   proposal   may   be   re- turned 
p.000251:  to the institution. 
p.000251:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000251:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000251:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000251:  June 23, 2005] 
p.000251:   
p.000251:  §§ 27.104–27.106   [Reserved] 
p.000251:  § 27.107   IRB membership. 
p.000251:  (a)  Each  IRB  shall  have  at  least  five members, with varying backgrounds to promote complete and adequate review 
p.000251:  of  research  activities  commonly  con- ducted   by   the   institution.   The   IRB shall  be  sufficiently 
p.000251:  qualified  through the   experience   and   expertise   of   its members,   and   the   diversity   of   the members, 
p.000251:  including   consideration   of race,  gender,  and  cultural  backgrounds and  sensitivity  to  such  issues  as  com- 
p.000251:  munity  attitudes,  to  promote  respect for   its   advice   and   counsel   in   safe- guarding   the   rights   and 
p.000251:  welfare   of human   subjects.   In   addition   to   pos- sessing    the    professional    competence necessary   to 
p.000251:  review   specific   research activities,  the  IRB  shall  be  able  to  as- certain   the   acceptability   of 
p.000251:  proposed research in terms of institutional com- mitments   and   regulations,   applicable law,  and  standards  of 
p.000251:  professional  con- duct and practice. The IRB shall there- fore  include  persons  knowledgeable  in these areas. If an 
p.000251:  IRB regularly reviews research   that   involves   a   vulnerable category  of  subjects,  such  as  children, 
p.000251:  prisoners,  pregnant  women,  or  handi- capped   or   mentally   disabled   persons, consideration  shall  be  given 
p.000251:  to  the  in- clusion  of  one  or  more  individuals  who are   knowledgeable   about   and   experi- enced in working 
p.000251:  with these subjects. 
p.000251:  (b)   Every   nondiscriminatory   effort will  be  made  to  ensure  that  no  IRB consists  entirely  of  men  or 
p.000251:  entirely  of women, including the institution’s con- sideration  of  qualified  persons  of  both sexes,  so  long  as 
p.000251:  no  selection  is  made to  the  IRB  on  the  basis  of  gender.  No 
p.000252:  252 
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:   
p.000252:  Office of the Secretary, Commerce                                                               § 27.110 
p.000252:   
p.000252:   
p.000252:  IRB  may  consist  entirely  of  members of one profession. 
p.000252:  (c)  Each  IRB  shall  include  at  least one  member  whose  primary  concerns are  in  scientific  areas  and  at 
p.000252:  least  one member whose primary concerns are in nonscientific areas. 
p.000252:  (d)  Each  IRB  shall  include  at  least one member who is not otherwise affili- ated  with  the  institution  and 
p.000252:  who  is not  part  of  the  immediate  family  of  a person  who  is  affiliated  with  the  insti- tution. 
p.000252:  (e)  No  IRB  may  have  a  member  par- ticipate   in   the   IRB’s   initial   or   con- tinuing  review  of  any 
p.000252:  project  in  which the  member  has  a  conflicting  interest, except    to    provide    information    re- quested by 
p.000252:  the IRB. 
p.000252:  (f)  An  IRB  may,  in  its  discretion,  in- vite   individuals   with   competence   in special  areas  to  assist 
p.000252:  in  the  review  of issues  which  require  expertise  beyond or  in  addition  to  that  available  on  the IRB. 
p.000252:  These  individuals  may  not  vote with the IRB. 
p.000252:  § 27.108   IRB functions and operations. 
p.000252:  In order to fulfill the requirements of this policy each IRB shall: 
p.000252:  (a)  Follow  written  procedures  in  the same detail as described in § 27.103(b)(4) and,     to     the     extent 
p.000252:  required     by, 
p.000252:  § 27.103(b)(5). 
p.000252:  (b)  Except  when  an  expedited  review procedure  is  used  (see  § 27.110),  review proposed   research   at 
...
General/Other / Public Emergency
Searching for indicator emergency:
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p.000255:  ele- ments  of  informed  consent  set  forth  in this section, or waive the requirements to   obtain   informed 
p.000255:  consent   provided the IRB finds and documents that: 
p.000255:  (1)   The   research   involves   no   more than minimal risk to the subjects; 
p.000255:  (2)  The  waiver  or  alteration  will  not adversely  affect  the  rights  and  welfare of the subjects; 
p.000255:  (3)    The    research    could    not    prac- ticably   be   carried   out   without   the waiver or alteration; and 
p.000255:  (4)   Whenever   appropriate,   the   sub- jects  will  be  provided  with  additional pertinent  information  after 
p.000255:  participa- tion. 
p.000255:  (e)   The   informed   consent   require- ments  in  this  policy  are  not  intended to    preempt    any 
p.000255:  applicable    federal, state, or local laws which require addi- tional  information  to  be  disclosed  in order   for 
p.000255:  informed   consent   to   be   le- gally effective. 
p.000256:  256 
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:  Office of the Secretary, Commerce                                                               § 27.119 
p.000256:   
p.000256:   
p.000256:  (f)  Nothing  in  this  policy  is  intended to limit the authority of a physician to provide emergency medical care, 
p.000256:  to the extent the physician is permitted to do so  under  applicable  federal,  state,  or local law. 
p.000256:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000256:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000256:  at 70 FR 36328, June 23, 2005] 
p.000256:   
p.000256:  § 27.117   Documentation    of    informed consent. 
p.000256:  (a)  Except  as  provided  in  paragraph 
p.000256:  (c)   of   this   section,   informed   consent shall  be  documented  by  the  use  of  a written  consent  form 
p.000256:  approved  by  the IRB  and  signed  by  the  subject  or  the subject’s legally authorized representa- tive.  A  copy 
p.000256:  shall  be  given  to  the  per- son signing the form. 
p.000256:  (b)  Except  as  provided  in  paragraph 
p.000256:  (c)  of  this  section,  the  consent  form may be either of the following: 
p.000256:  (1)  A  written  consent  document  that embodies   the   elements   of   informed consent  required  by  § 27.116. 
p.000256:  This  form may  be  read  to  the  subject  or  the  sub- ject’s   legally   authorized   representa- tive, but in any 
p.000256:  event, the investigator shall give either the subject or the rep- resentative   adequate   opportunity   to read it 
p.000256:  before it is signed; or 
p.000256:  (2) A short form written consent doc- ument  stating  that  the  elements  of  in- formed    consent    required    by 
...
General/Other / Relationship to Authority
Searching for indicator authority:
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p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:  Office of the Secretary, Commerce                                                                    Pt. 27 
p.000247:   
p.000247:   
p.000247:  (b)  No  administrative  stay  is  avail- able  following  a  final  decision  of  the authority head. 
p.000247:  § 25.42   Judicial review. 
p.000247:  Section 3805 of title 31, United States Code,  authorized  judicial  review  by  an appropriate    United    States 
p.000247:  District Court of a final decision of the author- ity  head  imposing  penalties  or  assess- ments under this part and 
p.000247:  specifies the procedures for such review. 
p.000247:  § 25.43   Collection of civil penalties and assessments. 
p.000247:  Sections  3806  and  3808(b)  of  title  31, United  States  Code,  authorize  actions for  collection  of  civil 
p.000247:  penalties  and  as- sessments  imposed  under  this  part  and specify the procedures for such actions. 
p.000247:  § 25.44   Right to administrative offset. 
p.000247:  The amount of any penalty or assess- ment  which  has  become  final,  or  for which   a   judgment   has   been 
p.000247:  entered under  §§ 25.42  and  25.43,  or  any  amount agreed upon in a compromise or settle- ment under § 25.46, may be 
p.000247:  collected by administrative   offset   under   31   U.S.C. 3716, except that an administrative off- set  may  not  be 
p.000247:  made  under  this  sub- section against a refund of an overpay- ment  of  Federal  taxes,  then  or  later owing  by 
p.000247:  the  United  States  to  the  re- spondent. 
p.000247:  § 25.45   Deposit  in  Treasury  of  United States. 
p.000247:  All   amounts   collected   pursuant   to this part shall be deposited as miscella- neous  receipts  in  the  Treasury 
p.000247:  of  the United  States,  except  as  provided  in  31 
p.000247:  U.S.C. 3806(g). 
p.000247:  § 25.46   Compromise or settlement. 
p.000247:  (a)  Parties  may  make  offers  of  com- promise or settlement at any time. 
p.000247:  (b)  The  reviewing  official  has  the  ex- clusive   authority   to   compromise   or settle  a  case  under  this 
p.000247:  part  at  any time  after  the  date  on  which  the  re- viewing  official  is  permitted  to  issue  a complaint and 
p.000247:  before the date on which the  ALJ  issues  an  initial  decision.  If the   designated   representative   of   the 
p.000247:  Government  is  not  with  the  Office  of General    Counsel,    the    representative shall  forward  all  settlement 
p.000247:  offers  to the reviewing official and cannot nego- 
p.000247:   
p.000247:  tiate  a  compromise  or  settlement  with the  respondent  except  as  directed  by the reviewing official. 
p.000247:  (c)  The  authority  head  has  exclusive authority   to   compromise   or   settle   a case  under  this  part  at 
p.000247:  any  time  after the  date  on  which  the  ALJ  issues  an initial    decision,    except    during    the pendency 
p.000247:  of  any  review  under  § 25.42  or during  the  pendency  of  any  action  to collect     penalties     and 
p.000247:  assessments under § 25.43. 
p.000247:  (d)  The  Attorney  General  has  exclu- sive  authority  to  compromise  or  settle a case under this part during the 
p.000247:  pend- ency  of  any  review  under  § 25.42  or  of any action to recover penalties and as- sessments under 31 U.S.C. 
p.000247:  3806. 
p.000247:  (e)   The   investigating   official   may recommend settlement terms to the re- viewing official, the authority head, 
p.000247:  or the  Attorney  General,  as  appropriate. The  reviewing  official  may  recommend settlement    terms    to    the 
p.000247:  authority head,  or  the  Attorney  General,  as  ap- propriate. 
p.000247:  (f)   Any   compromise   or   settlement must be in writing. 
p.000247:  § 25.47   Limitations. 
p.000247:  (a) The notice of hearing with respect to a claim or statement must be served in  the  manner  specified  in  § 25.8 
p.000247:  within 
p.000247:  6  years  after  the  date  on  which  such claim or statement is made. 
p.000247:  (b)  If  the  respondent  fails  to  file  a timely   answer,   service   of   a   notice under § 25.10(b) shall be 
p.000247:  deemed a notice of  hearing  for  purposes  of  this  section. 
p.000247:  (c) The statute of limitations may be extended by agreement of the parties. 
p.000247:   
p.000247:  PART 26 [RESERVED] 
p.000247:  PART 27—PROTECTION OF HUMAN SUBJECTS 
p.000247:  Sec. 
p.000247:  27.101    To what does this policy apply? 
p.000247:  27.102    Definitions. 
p.000247:  27.103    Assuring   compliance   with   this   pol- icy—research  conducted  or  supported  by any Federal Department 
p.000247:  or Agency. 
p.000247:  27.104–27.106    [Reserved] 
p.000247:  27.107    IRB membership. 
p.000247:  27.108    IRB functions and operations. 
p.000247:  27.109    IRB review of research. 
p.000247:  27.110    Expedited  review  procedures  for  cer- tain kinds of research involving no more 
p.000247:  247 
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:   
p.000247:  § 27.101 
p.000247:  than    minimal    risk,    and    for    minor changes in approved research. 
p.000247:  27.111    Criteria for IRB approval of research. 
p.000247:  27.112    Review by institution. 
p.000247:  27.113    Suspension or termination of IRB ap- proval of research. 
p.000247:  27.114    Cooperative research. 
p.000247:  27.115    IRB records. 
p.000247:  27.116    General   requirements   for   informed consent. 
p.000247:  27.117    Documentation of informed consent. 
p.000247:  27.118    Applications   and   proposals   lacking definite  plans  for  involvement  of  human subjects. 
p.000247:  27.119    Research  undertaken  without  the  in- tention of involving human subjects. 
p.000247:  27.120    Evaluation and disposition of applica- tions   and   proposals   for   research   to   be conducted  or 
p.000247:  supported  by  a  Federal  De- partment or Agency. 
p.000247:  27.121    [Reserved] 
p.000247:  27.122    Use of Federal funds. 
p.000247:  27.123    Early   termination   of   research   sup- port: Evaluation of applications and pro- posals. 
p.000247:  27.124    Conditions. 
p.000247:  AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v–1(b). 
p.000247:  SOURCE:  56  FR  28012,  28019,  June  18,  1991, 
p.000247:  unless otherwise noted. 
p.000247:   
p.000247:  § 27.101   To    what    does    this    policy apply? 
p.000247:  (a)  Except  as  provided  in  paragraph 
p.000247:  (b)  of  this  section,  this  policy  applies to  all  research  involving  human  sub- jects conducted, supported or 
p.000247:  otherwise subject to regulation by any federal de- partment or agency which takes appro- priate  administrative  action 
p.000247:  to  make the  policy  applicable  to  such  research. This   includes   research   conducted   by federal  civilian 
p.000247:  employees  or  military personnel, except that each department or  agency  head  may  adopt  such  proce- dural 
p.000247:  modifications  as  may  be  appro- priate   from   an   administrative   stand- point.   It   also   includes 
p.000247:  research   con- ducted, supported, or otherwise subject to   regulation   by   the   federal   govern- ment outside the 
p.000247:  United States. 
p.000247:  (1) Research that is conducted or sup- ported   by   a   federal   department   or agency,  whether  or  not  it  is 
p.000247:  regulated as  defined  in  § 27.102(e),  must  comply with all sections of this policy. 
p.000247:  (2)   Research   that   is   neither   con- ducted  nor  supported  by  a  federal  de- partment  or  agency  but  is 
p.000247:  subject  to regulation as defined in § 27.102(e) must be  reviewed  and  approved,  in  compli- ance  with  § 27.101, 
p.000247:  § 27.102,  and  § 27.107 through § 27.117 of this policy, by an in- 
p.000247:  15 CFR Subtitle A (1–1–11 Edition) 
p.000247:  stitutional review board (IRB) that op- erates in accordance with the pertinent requirements of this policy. 
...
           
p.000248:  when otherwise required by  statute  or  Executive  Order,  the  de- partment  or  agency  head  shall  forward advance 
p.000248:  notices of these actions to the Office   for   Human   Research   Protec- tions,     Department     of     Health 
p.000248:  and Human   Services   (HHS),   or   any   suc- cessor   office,   and   shall   also   publish them  in  the  FEDERAL 
p.000248:  REGISTER   or  in such  other  manner  as  provided  in  de- partment or agency procedures. 1 
p.000248:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000248:  June  28,  1991,  as  amended  at  70  FR  36328, 
p.000248:  June 23, 2005] 
p.000248:  state or local laws or regulations which 
p.000248:   
p.000248:  may otherwise be applicable and which provide     additional     protections     for human subjects. 
p.000248:  (g)  This  policy  does  not  affect  any foreign  laws  or  regulations  which  may otherwise  be  applicable  and 
p.000248:  which  pro- vide  additional  protections  to  human subjects of research. 
p.000248:  1 Institutions    with    HHS-approved    assur- ances on file will abide by provisions of title 
p.000248:  45  CFR  part  46  subparts  A–D.  Some  of  the other  Departments  and  Agencies  have  incor- porated all provisions 
p.000248:  of title 45 CFR part 46 into  their  policies  and  procedures  as  well. However,   the   exemptions   at   45   CFR 
p.000248:  part 46.101(b)  do  not  apply  to  research  involving 
p.000248:  Continued 
p.000249:  249 
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:   
p.000249:  § 27.102 
p.000249:  § 27.102   Definitions. 
p.000249:  (a)  Department  or  agency  head  means the  head  of  any  federal  department  or agency  and  any  other  officer 
p.000249:  or  em- ployee  of  any  department  or  agency  to whom authority has been delegated. 
p.000249:  (b)   Institution   means   any   public   or private entity or agency (including fed- eral, state, and other 
p.000249:  agencies). 
p.000249:  (c)   Legally    authorized    representative means   an   individual   or   judicial   or other body authorized under 
p.000249:  applicable law  to  consent  on  behalf  of  a  prospec- tive  subject  to  the  subject’s  participa- tion in the 
p.000249:  procedure(s) involved in the research. 
p.000249:  (d)  Research  means  a  systematic  in- vestigation,   including   research   devel- opment,   testing   and 
p.000249:  evaluation,   de- signed to develop or contribute to gen- eralizable  knowledge.  Activities  which meet    this 
p.000249:  definition    constitute    re- search   for   purposes   of   this   policy, whether  or  not  they  are  conducted 
p.000249:  or supported   under   a   program   which   is considered  research  for  other  purposes. For  example,  some 
p.000249:  demonstration  and service  programs  may  include  research activities. 
p.000249:  (e)  Research  subject  to  regulation,  and similar  terms  are  intended  to  encom- pass those research activities 
p.000249:  for which a   federal   department   or   agency   has specific responsibility for regulating as a  research  activity, 
p.000249:  (for  example,  In- vestigational   New   Drug   requirements administered by the Food and Drug Ad- ministration).  It 
p.000249:  does  not  include  re- search   activities   which   are   inciden- tally regulated by a federal department or 
p.000249:  agency  solely  as  part  of  the  depart- ment’s   or   agency’s   broader   responsi- bility  to  regulate  certain 
...
           
p.000252:  approval),  or  dis- approve  all  research  activities  covered by this policy. 
p.000252:  (b)  An  IRB  shall  require  that  infor- mation  given  to  subjects  as  part  of  in- formed  consent  is  in 
p.000252:  accordance  with 
p.000252:  § 27.116.  The  IRB  may  require  that  in- formation,  in  addition  to  that  specifi- cally  mentioned  in  § 
p.000252:  27.116,  be  given  to the  subjects  when  in  the  IRB’s  judg- 
p.000252:   
p.000252:  ment  the  information  would  meaning- fully add to the protection of the rights and welfare of subjects. 
p.000252:  (c)  An  IRB  shall  require  documenta- tion  of  informed  consent  or  may  waive documentation    in    accordance 
p.000252:  with 
p.000252:  § 27.117. 
p.000252:  (d)  An  IRB  shall  notify  investigators and the institution in writing of its de- cision to approve or disapprove 
p.000252:  the pro- posed research activity, or of modifica- tions  required  to  secure  IRB  approval of  the  research 
p.000252:  activity.  If  the  IRB  de- cides to disapprove a research activity, it  shall  include  in  its  written  notifica- 
p.000252:  tion  a  statement  of  the  reasons  for  its decision  and  give  the  investigator  an opportunity  to  respond  in 
p.000252:  person  or  in writing. 
p.000252:  (e)  An  IRB  shall  conduct  continuing 
p.000252:  review  of  research  covered  by  this  pol- icy  at  intervals  appropriate  to  the  de- gree of risk, but not less 
p.000252:  than once per year,  and  shall  have  authority  to  ob- serve or have a third party observe the consent process and 
p.000252:  the research. 
p.000252:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000252:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000252:  at 70 FR 36328, June 23, 2005] 
p.000252:   
p.000252:  § 27.110   Expedited   review   procedures for certain kinds of research involv- ing no more than minimal risk, and for 
p.000252:  minor  changes  in  approved  re- search. 
p.000252:  (a)  The  Secretary,  HHS,  has  estab- lished, and published as a Notice in the FEDERAL  REGISTER,  a  list  of 
p.000252:  categories of  research  that  may  be  reviewed  by the  IRB  through  an  expedited  review procedure. The list will 
p.000252:  be amended, as appropriate    after    consultation    with other      departments      and      agencies, through 
p.000252:  periodic  republication  by  the Secretary,  HHS,  in  the  FEDERAL  REG- ISTER.  A  copy  of  the  list  is  available 
p.000252:  from   the   Office   for   Human   Research Protections,  HHS,  or  any  successor  of- fice. 
p.000252:  (b) An IRB may use the expedited re- 
p.000252:  view procedure to review either or both of the following: 
p.000252:  (1)  Some  or  all  of  the  research  ap- pearing on the list and found by the re- viewer(s) to involve no more than 
p.000252:  mini- mal risk, 
p.000252:  (2)  Minor  changes  in  previously  ap- proved  research  during  the  period  (of 
p.000253:  253 
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:   
p.000253:  § 27.111 
...
           
p.000253:  collected  to  en- sure the safety of subjects. 
p.000253:  (7)  When  appropriate,  there  are  ade- quate provisions to protect the privacy of  subjects  and  to  maintain  the 
p.000253:  con- fidentiality of data. 
p.000253:  (b)  When  some  or  all  of  the  subjects are  likely  to  be  vulnerable  to  coercion or  undue  influence,  such 
p.000253:  as  children, prisoners,   pregnant   women,   mentally disabled   persons,   or   economically   or educationally 
p.000253:  disadvantaged   persons, additional   safeguards   have   been   in- cluded   in   the   study   to   protect   the 
p.000253:  rights and welfare of these subjects. 
p.000253:  § 27.112   Review by institution. 
p.000253:  Research  covered  by  this  policy  that has  been  approved  by  an  IRB  may  be subject  to  further  appropriate 
p.000253:  review and approval or disapproval by officials of  the  institution.  However,  those  offi- cials may not approve the 
p.000253:  research if it has not been approved by an IRB. 
p.000253:  § 27.113   Suspension  or  termination  of IRB approval of research. 
p.000253:  An  IRB  shall  have  authority  to  sus- pend or terminate approval of research that  is  not  being  conducted  in 
p.000253:  accord- ance  with  the  IRB’s  requirements  or that   has   been   associated   with   unex- pected  serious  harm 
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:  § 27.114   Cooperative research. 
p.000254:  Cooperative    research    projects    are those  projects  covered  by  this  policy which  involve  more  than  one 
p.000254:  institu- tion.  In  the  conduct  of  cooperative  re- search  projects,  each  institution  is  re- sponsible   for 
p.000254:  safeguarding   the   rights and  welfare  of  human  subjects  and  for complying  with  this  policy.  With  the 
p.000254:  approval  of  the  department  or  agency head,  an  institution  participating  in  a cooperative  project  may  enter 
p.000254:  into  a joint   review   arrangement,   rely   upon the review of another qualified IRB, or make  similar 
p.000254:  arrangements  for  avoid- ing duplication of effort. 
p.000254:  § 27.115   IRB records. 
p.000254:  (a)   An   institution,   or   when   appro- priate  an  IRB,  shall  prepare  and  main- tain   adequate 
...
           
p.000255:  (d)  An  IRB  may  approve  a  consent procedure  which  does  not  include,  or which  alters,  some  or  all  of  the 
p.000255:  ele- ments  of  informed  consent  set  forth  in this section, or waive the requirements to   obtain   informed 
p.000255:  consent   provided the IRB finds and documents that: 
p.000255:  (1)   The   research   involves   no   more than minimal risk to the subjects; 
p.000255:  (2)  The  waiver  or  alteration  will  not adversely  affect  the  rights  and  welfare of the subjects; 
p.000255:  (3)    The    research    could    not    prac- ticably   be   carried   out   without   the waiver or alteration; and 
p.000255:  (4)   Whenever   appropriate,   the   sub- jects  will  be  provided  with  additional pertinent  information  after 
p.000255:  participa- tion. 
p.000255:  (e)   The   informed   consent   require- ments  in  this  policy  are  not  intended to    preempt    any 
p.000255:  applicable    federal, state, or local laws which require addi- tional  information  to  be  disclosed  in order   for 
p.000255:  informed   consent   to   be   le- gally effective. 
p.000256:  256 
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:   
p.000256:  Office of the Secretary, Commerce                                                               § 27.119 
p.000256:   
p.000256:   
p.000256:  (f)  Nothing  in  this  policy  is  intended to limit the authority of a physician to provide emergency medical care, 
p.000256:  to the extent the physician is permitted to do so  under  applicable  federal,  state,  or local law. 
p.000256:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000256:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000256:  at 70 FR 36328, June 23, 2005] 
p.000256:   
p.000256:  § 27.117   Documentation    of    informed consent. 
p.000256:  (a)  Except  as  provided  in  paragraph 
p.000256:  (c)   of   this   section,   informed   consent shall  be  documented  by  the  use  of  a written  consent  form 
p.000256:  approved  by  the IRB  and  signed  by  the  subject  or  the subject’s legally authorized representa- tive.  A  copy 
p.000256:  shall  be  given  to  the  per- son signing the form. 
p.000256:  (b)  Except  as  provided  in  paragraph 
p.000256:  (c)  of  this  section,  the  consent  form may be either of the following: 
p.000256:  (1)  A  written  consent  document  that embodies   the   elements   of   informed consent  required  by  § 27.116. 
p.000256:  This  form may  be  read  to  the  subject  or  the  sub- ject’s   legally   authorized   representa- tive, but in any 
p.000256:  event, the investigator shall give either the subject or the rep- resentative   adequate   opportunity   to read it 
p.000256:  before it is signed; or 
...
General/Other / declaration of helsinki
Searching for indicator helsinki:
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p.000248:  (ii)  If  a  food  is  consumed  that  con- tains  a  food  ingredient  at  or  below  the level  and  for  a  use 
p.000248:  found  to  be  safe,  or agricultural     chemical     or     environ- mental  contaminant  at  or  below  the level 
p.000248:  found to be safe, by the Food and Drug   Administration   or   approved   by the  Environmental  Protection  Agency or 
p.000248:  the   Food   Safety   and   Inspection Service of the U.S. Department of Agri- culture. 
p.000248:  (c)  Department  or  agency  heads  re- tain   final   judgment   as   to   whether   a particular  activity  is 
p.000248:  covered  by  this policy. 
p.000248:  (d)  Department  or  agency  heads  may require that specific research activities or   classes   of   research 
p.000248:  activities   con- ducted, supported, or otherwise subject to   regulation   by   the   department   or agency  but  not 
p.000248:  otherwise  covered  by this policy, comply with some or all of the requirements of this policy. 
p.000248:  (e)  Compliance  with  this  policy  re- quires  compliance  with  pertinent  fed- eral  laws  or  regulations  which 
p.000248:  provide additional  protections  for  human  sub- jects. 
p.000248:  (f)  This  policy  does  not  affect  any 
p.000248:   
p.000248:  (h)   When   research   covered   by   this policy takes place in foreign countries, procedures   normally   followed 
p.000248:  in   the foreign   countries   to   protect   human subjects   may   differ   from   those   set forth  in  this 
p.000248:  policy.  [An  example  is  a foreign    institution    which    complies with   guidelines   consistent   with   the 
p.000248:  World   Medical   Assembly   Declaration (Declaration  of  Helsinki  amended  1989) issued  either  by  sovereign 
p.000248:  states  or  by an  organization  whose  function  for  the protection  of  human  research  subjects is 
p.000248:  internationally  recognized.]  In  these circumstances,    if    a    department    or agency head determines that the 
p.000248:  proce- dures  prescribed  by  the  institution  af- ford    protections    that    are    at    least equivalent   to 
p.000248:  those   provided   in   this policy,  the  department  or  agency  head may   approve   the   substitution   of   the 
p.000248:  foreign procedures in lieu of the proce- dural   requirements   provided   in   this policy. Except when otherwise 
p.000248:  required by  statute,  Executive  Order,  or  the  de- partment   or   agency   head,   notices   of these actions as 
p.000248:  they occur will be pub- lished in the FEDERAL  REGISTER  or will be  otherwise  published  as  provided  in department 
p.000248:  or agency procedures. 
p.000248:  (i)  Unless  otherwise  required  by  law, 
p.000248:  department or agency heads may waive the  applicability  of  some  or  all  of  the provisions  of  this  policy  to 
p.000248:  specific  re- search  activities  or  classes  of  research activities   otherwise   covered   by   this policy. Except 
p.000248:  when otherwise required by  statute  or  Executive  Order,  the  de- partment  or  agency  head  shall  forward advance 
p.000248:  notices of these actions to the Office   for   Human   Research   Protec- tions,     Department     of     Health 
p.000248:  and Human   Services   (HHS),   or   any   suc- cessor   office,   and   shall   also   publish them  in  the  FEDERAL 
p.000248:  REGISTER   or  in such  other  manner  as  provided  in  de- partment or agency procedures. 1 
p.000248:  [56 FR 28012, 28019, June 18, 1991; 56 FR 29756, 
p.000248:  June  28,  1991,  as  amended  at  70  FR  36328, 
...
Orphaned Trigger Words
p.000249:  (1)    Data    through    intervention    or interaction with the individual, or 
p.000249:  (2) Identifiable private information. 
p.000249:  Intervention  includes both physical pro- cedures by which data are gathered (for example,  venipuncture)  and 
p.000249:  manipula- tions of the subject or the subject’s en- vironment  that  are  performed  for  re- search   purposes. 
p.000249:  Interaction   includes communication   or   interpersonal   con- tact  between  investigator  and  subject. ‘‘Private 
p.000249:  information’’   includes   infor- mation about behavior that occurs in a context in which an individual can rea- 
p.000249:  sonably  expect  that  no  observation  or recording is taking place, and informa- tion  which  has  been  provided 
p.000249:  for  spe- cific   purposes   by   an   individual   and which   the   individual   can   reasonably expect  will  not 
p.000249:  be  made  public  (for  ex- ample, a medical record). Private infor- mation  must  be  individually  identifi- able 
p.000249:  (i.e.,  the  identity  of  the  subject  is or  may  readily  be  ascertained  by  the investigator  or  associated 
p.000249:  with  the  in- formation)  in  order  for  obtaining  the information  to  constitute  research  in- volving human 
p.000249:  subjects. 
p.000249:  (g) IRB means an institutional review board  established  in  accord  with  and for  the  purposes  expressed  in  this 
p.000249:  pol- icy. 
p.000249:  (h)   IRB   approval   means   the   deter- mination  of  the  IRB  that  the  research has   been   reviewed   and 
p.000249:  may   be   con- ducted   at   an   institution   within   the constraints set forth by the IRB and by other 
p.000249:  institutional and federal require- ments. 
p.000249:  (i)  Minimal  risk  means  that  the  prob- ability  and  magnitude  of  harm  or  dis- comfort anticipated in the 
p.000249:  research are not  greater  in  and  of  themselves  than those  ordinarily  encountered  in  daily life  or  during 
p.000249:  the  performance  of  rou- tine  physical  or  psychological  exami- nations or tests. 
p.000249:  (j) Certification  means the official no- tification by the institution to the sup- porting  department  or  agency, 
p.000249:  in  ac- cordance with the requirements of this policy, that a research project or activ- ity  involving  human 
p.000249:  subjects  has  been reviewed and approved by an IRB in ac- cordance with an approved assurance. 
p.000250:  250 
p.000250:   
p.000250:   
p.000250:   
p.000250:   
p.000250:   
p.000250:   
p.000250:   
p.000250:  Office of the Secretary, Commerce                                                               § 27.103 
p.000250:   
p.000250:   
p.000250:  § 27.103   Assuring compliance with this policy—research  conducted  or  sup- ported  by  any  Federal  Department or 
p.000250:  Agency. 
p.000250:  (a)  Each  institution  engaged  in  re- search  which  is  covered  by  this  policy and which is conducted or 
p.000250:  supported by a  federal  department  or  agency  shall provide  written  assurance  satisfactory to the department or 
p.000250:  agency head that it  will  comply  with  the  requirements set  forth  in  this  policy.  In  lieu  of  re- quiring 
p.000250:  submission of an assurance, in- dividual  department  or  agency  heads shall  accept  the  existence  of  a  current 
p.000250:  assurance, appropriate for the research in  question,  on  file  with  the  Office  for Human  Research  Protections, 
p.000250:  HHS,  or any  successor  office,  and  approved  for federalwide   use   by   that   office.   When the  existence  of 
p.000250:  an  HHS-approved  as- surance is accepted in lieu of requiring submission   of   an   assurance,   reports (except 
p.000250:  certification)  required  by  this policy  to  be  made  to  department  and agency heads shall also be made to the 
p.000250:  Office   for   Human   Research   Protec- tions, HHS, or any successor office. 
p.000250:  (b)   Departments   and   agencies   will 
p.000250:  conduct or support research covered by this  policy  only  if  the  institution  has an  assurance  approved  as 
p.000250:  provided  in this section, and only if the institution has   certified   to   the   department   or agency head that 
p.000250:  the research has been reviewed  and  approved  by  an  IRB  pro- vided  for  in  the  assurance,  and  will  be subject 
p.000250:  to   continuing   review   by   the IRB. Assurances applicable to federally supported  or  conducted  research  shall 
p.000250:  at a minimum include: 
p.000250:  (1)   A   statement   of   principles   gov- 
p.000250:  erning  the  institution  in  the  discharge of its responsibilities for protecting the rights and welfare of human 
p.000250:  subjects of research  conducted  at  or  sponsored  by the  institution,  regardless  of  whether the  research  is 
p.000250:  subject  to  federal  regu- lation.   This   may   include   an   appro- priate   existing   code,   declaration,   or 
p.000250:  statement   of   ethical   principles,   or   a statement  formulated  by  the  institu- tion  itself.  This 
p.000250:  requirement  does  not preempt provisions of this policy appli- cable   to   department-   or   agency-sup- ported  or 
p.000250:  regulated  research  and  need not  be  applicable  to  any  research  ex- empted  or  waived  under  § 27.101  (b)  or 
p.000250:  (i). 
p.000250:   
p.000250:  (2)  Designation  of  one  or  more  IRBs established  in  accordance  with  the  re- quirements    of    this 
p.000250:  policy,    and    for which  provisions  are  made  for  meeting space   and   sufficient   staff   to   support the 
p.000250:  IRB’s review and recordkeeping du- ties. 
p.000250:  (3)  A  list  of  IRB  members  identified by  name;  earned  degrees;  representa- tive capacity; indications of 
p.000250:  experience such  as  board  certifications,  licenses, etc.,  sufficient  to  describe  each  mem- ber’s chief 
p.000250:  anticipated contributions to IRB   deliberations;   and   any   employ- ment   or   other   relationship   between each 
p.000250:  member  and  the  institution;  for example: full-time employee, part-time employee,  member  of  governing  panel or 
p.000250:  board,  stockholder,  paid  or  unpaid consultant.   Changes   in   IRB   member- ship  shall  be  reported  to  the 
p.000250:  depart- ment  or  agency  head,  unless  in  accord with § 27.103(a) of this policy, the exist- ence  of  an 
p.000250:  HHS-approved  assurance  is accepted.  In  this  case,  change  in  IRB membership   shall   be   reported   to   the 
p.000250:  Office   for   Human   Research   Protec- tions, HHS, or any successor office. 
p.000250:  (4) Written procedures which the IRB will follow (i) for conducting its initial and  continuing  review  of  research 
p.000250:  and for reporting its findings and actions to the   investigator   and   the   institution; 
p.000250:  (ii)  for  determining  which  projects  re- quire  review  more  often  than  annually and   which   projects   need 
p.000250:  verification from  sources  other  than  the  investiga- tors  that  no  material  changes  have  oc- curred  since 
p.000250:  previous  IRB  review;  and 
p.000250:  (iii)  for  ensuring  prompt  reporting  to the  IRB  of  proposed  changes  in  a  re- search  activity,  and  for 
p.000250:  ensuring  that such   changes   in   approved   research, during   the   period   for   which   IRB   ap- proval has 
p.000250:  already been given, may not be   initiated   without   IRB   review   and approval    except    when    necessary    to 
p.000250:  eliminate  apparent  immediate  hazards to the subject. 
...
p.000253:  to  subjects.  Any suspension  or  termination  of  approval 
p.000254:  254 
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:   
p.000254:  Office of the Secretary, Commerce                                                               § 27.116 
p.000254:   
p.000254:   
p.000254:  shall  include  a  statement  of  the  rea- sons  for  the  IRB’s  action  and  shall  be reported  promptly  to  the 
p.000254:  investigator, appropriate  institutional  officials,  and the department or agency head. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:  § 27.114   Cooperative research. 
p.000254:  Cooperative    research    projects    are those  projects  covered  by  this  policy which  involve  more  than  one 
p.000254:  institu- tion.  In  the  conduct  of  cooperative  re- search  projects,  each  institution  is  re- sponsible   for 
p.000254:  safeguarding   the   rights and  welfare  of  human  subjects  and  for complying  with  this  policy.  With  the 
p.000254:  approval  of  the  department  or  agency head,  an  institution  participating  in  a cooperative  project  may  enter 
p.000254:  into  a joint   review   arrangement,   rely   upon the review of another qualified IRB, or make  similar 
p.000254:  arrangements  for  avoid- ing duplication of effort. 
p.000254:  § 27.115   IRB records. 
p.000254:  (a)   An   institution,   or   when   appro- priate  an  IRB,  shall  prepare  and  main- tain   adequate 
p.000254:  documentation   of   IRB activities, including the following: 
p.000254:  (1) Copies of all research proposals re- viewed,  scientific  evaluations,  if  any, that    accompany    the 
p.000254:  proposals,    ap- proved    sample    consent    documents, progress   reports   submitted   by   inves- tigators, and 
p.000254:  reports of injuries to sub- jects. 
p.000254:  (2)  Minutes  of  IRB  meetings  which shall be in sufficient detail to show at- tendance    at    the    meetings; 
p.000254:  actions taken by the IRB; the vote on these ac- tions including the number of members voting for, against, and 
p.000254:  abstaining; the basis  for  requiring  changes  in  or  dis- approving research; and a written sum- mary  of  the 
p.000254:  discussion  of  controverted issues and their resolution. 
p.000254:  (3)  Records  of  continuing  review  ac- tivities. 
p.000254:  (4)  Copies  of  all  correspondence  be- tween the IRB and the investigators. 
p.000254:  (5) A list of IRB members in the same detail as described is § 27.103(b)(3). 
p.000254:  (6)  Written  procedures  for  the  IRB  in the     same     detail     as     described     in 
p.000254:  § 27.103(b)(4) and § 27.103(b)(5). 
p.000254:   
p.000254:  (7)   Statements   of   significant   new findings   provided   to   subjects,   as   re- quired by § 27.116(b)(5). 
p.000254:  (b)  The  records  required  by  this  pol- icy   shall   be   retained   for   at   least   3 years,  and  records 
p.000254:  relating  to  research which  is  conducted  shall  be  retained for  at  least  3  years  after  completion  of the 
p.000254:  research. All records shall be acces- sible  for  inspection  and  copying  by  au- thorized  representatives  of  the 
p.000254:  depart- ment   or   agency   at   reasonable   times and in a reasonable manner. 
p.000254:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000254:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000254:  at 70 FR 36328, June 23, 2005] 
p.000254:   
p.000254:  § 27.116   General  requirements  for  in- formed consent. 
...
p.000256:  approved  by  the IRB  and  signed  by  the  subject  or  the subject’s legally authorized representa- tive.  A  copy 
p.000256:  shall  be  given  to  the  per- son signing the form. 
p.000256:  (b)  Except  as  provided  in  paragraph 
p.000256:  (c)  of  this  section,  the  consent  form may be either of the following: 
p.000256:  (1)  A  written  consent  document  that embodies   the   elements   of   informed consent  required  by  § 27.116. 
p.000256:  This  form may  be  read  to  the  subject  or  the  sub- ject’s   legally   authorized   representa- tive, but in any 
p.000256:  event, the investigator shall give either the subject or the rep- resentative   adequate   opportunity   to read it 
p.000256:  before it is signed; or 
p.000256:  (2) A short form written consent doc- ument  stating  that  the  elements  of  in- formed    consent    required    by 
p.000256:  § 27.116 have  been  presented  orally  to  the  sub- ject  or  the  subject’s  legally  authorized representative. 
p.000256:  When   this   method   is used,  there  shall  be  a  witness  to  the oral  presentation.  Also,  the  IRB  shall 
p.000256:  approve  a  written  summary  of  what  is to  be  said  to  the  subject  or  the  rep- resentative.  Only  the  short 
p.000256:  form  itself is  to  be  signed  by  the  subject  or  the representative.   However,   the   witness shall  sign 
p.000256:  both  the  short  form  and  a copy  of  the  summary,  and  the  person actually obtaining consent shall sign a copy 
p.000256:  of  the  summary.  A  copy  of  the summary  shall  be  given  to  the  subject or  the  representative,  in  addition 
p.000256:  to  a copy of the short form. 
p.000256:  (c)  An  IRB  may  waive  the  require- ment  for  the  investigator  to  obtain  a signed   consent   form   for 
p.000256:  some   or   all subjects if it finds either: 
p.000256:  (1)  That  the  only  record  linking  the subject  and  the  research  would  be  the 
p.000256:   
p.000256:  consent   document   and   the   principal risk  would  be  potential  harm  resulting from  a  breach  of 
p.000256:  confidentiality.  Each subject  will  be  asked  whether  the  sub- ject  wants  documentation  linking  the subject 
p.000256:  with the research, and the sub- ject’s wishes will govern; or 
p.000256:  (2)   That   the   research   presents   no more   than   minimal   risk   of   harm   to subjects and involves no 
p.000256:  procedures for which  written  consent  is  normally  re- quired  outside  of  the  research  context. In  cases  in 
p.000256:  which  the  documentation requirement is waived, the IRB may re- quire  the  investigator  to  provide  sub- jects 
p.000256:  with  a  written  statement  regard- 
p.000256:  ing the research. 
p.000256:  (Approved  by  the  Office  of  Management  and Budget under control number 0990–0260) 
p.000256:  [56  FR  28012,  28019,  June  18,  1991,  as  amended 
p.000256:  at 70 FR 36328, June 23, 2005] 
p.000256:   
p.000256:  § 27.118   Applications     and     proposals lacking  definite  plans  for  involve- ment of human subjects. 
p.000256:  Certain    types    of    applications    for grants, cooperative agreements, or con- tracts are submitted to 
p.000256:  departments or agencies  with  the  knowledge  that  sub- jects may be involved within the period of support, but 
p.000256:  definite plans would not normally  be  set  forth  in  the  applica- tion  or  proposal.  These  include  activi- ties 
p.000256:  such  as  institutional  type  grants when  selection  of  specific  projects  is the    institution’s 
p.000256:  responsibility;    re- search training grants in which the ac- tivities involving subjects remain to be selected;  and 
p.000256:  projects  in  which  human subject’s involvement will depend upon completion  of  instruments,  prior  ani- mal 
p.000256:  studies,   or   purification   of   com- pounds. These applications need not be reviewed  by  an  IRB  before  an 
p.000256:  award may  be  made.  However,  except  for  re- search    exempted    or    waived    under 
p.000256:  § 27.101   (b)   or   (i),   no   human   subjects 
p.000256:  may  be  involved  in  any  project  sup- ported    by    these    awards    until    the project has been reviewed and 
p.000256:  approved by  the  IRB,  as  provided  in  this  policy, and  certification  submitted,  by  the  in- stitution, to the 
p.000256:  department or agency. 
...
Appendix
Indicator List
| Indicator | Vulnerability | 
|---|
| authority | Relationship to Authority | 
| children | Child | 
| cognitive | Cognitive Impairment | 
| criminal | criminal | 
| disabled | Mentally Disabled | 
| drug | Drug Usage | 
| education | education | 
| educational | education | 
| embryo | embryo | 
| emergency | Public Emergency | 
| employees | employees | 
| family | Motherhood/Family | 
| fetus | Fetus/Neonate | 
| gender | gender | 
| helsinki | declaration of helsinki | 
| influence | Drug Usage | 
| language | Linguistic Proficiency | 
| mentally | Mentally Disabled | 
| military | Soldier | 
| minor | Youth/Minors | 
| nation | stateless persons | 
| native | Indigenous | 
| officer | Police Officer | 
| party | political affiliation | 
| pregnant | Pregnant | 
| prisoners | Criminal Convictions | 
| race | Racial Minority | 
| student | Student | 
| vulnerable | vulnerable | 
| women | Women | 
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers | 
|---|
| disabled | ['mentally'] | 
| drug | ['influence'] | 
| education | ['educational'] | 
| educational | ['education'] | 
| influence | ['drug'] | 
| mentally | ['disabled'] | 
Trigger Words
capacity
coercion
consent
cultural
harm
protect
protection
risk
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input