Exempt
- Research, conducted in established or commonly accepted educational settings, that specifically involves normal educational practices that are not likely to adversely impact students’ opportunity to learn required educational content or the assessment of educators who provide instruction. This includes most research on regular and special education instructional strategies, and research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods.
Impact at UNK: Now includes a statement that the research cannot “adversely impact students’ opportunity to learn required educational content or the assessment of educators who provide instruction. Provides clarification on risk.
- Research that only includes interactions involving educational tests (cognitive, diagnostic aptitude, achievement), survey procedures, interview procedures, or observation of public behavior (including visual or auditory recording) if at least one of the following criteria is met:
i. The information obtained is recorded by the investigator in such a manner that the identity of the human subjects cannot be readily be ascertained, directly or through identifiers linked to the subjects;
ii. Any disclosure of the human subjects’ responses outside the research would not reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects’ financial standing, employability, education advancement or reputation; or
iii. The information obtained is recorded by the investigator in such a manner that the identity of the human can readily be ascertained, directly or through identifiers linked to the subjects, and an IRB conducts a limited IRB review to make the determination required by §_____.111(a)(7).
Impact at UNK: Includes a clarification that the data may involve visual or audio recording as well as a “carve-out” that allows for the collection of sensitive, identifiable data to be collected as long as a “limited review” is conducted by the IRB. Allows for sensitive, identifiable data to be determined as exempt.
- Research involving benign behavioral interventions in conjunction with the collection of information from an adult subject through verbal or written responses (including data entry) or audiovisual recording if the subject prospectively agrees to the intervention and information collection and at least one of the following criteria is met:
A. The information obtained is recorded by the investigator in such a manner that the identity of the human subjects cannot be readily be ascertained, directly or through identifiers linked to the subjects;
B. Any disclosure of the human subjects’ responses outside the research would not reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects’ financial standing, employability, education advancement or reputation; or
C. The information obtained is recorded by the investigator in such a manner that the identity of the human can readily be ascertained, directly or through identifiers linked to the subjects, and an IRB conducts a limited IRB review to make the determination required by §_____.111(a)(7).
i. For the purposes of this provision, benign behavioral interventions are brief in duration, harmless, painless, not physically invasive, not likely to have a significant adverse lasting impact on the subjects, and the investigator has no reason to think the subjects will find the interventions offensive or embarrassing. Provided all such criteria are met, examples of such benign behavioral interventions would include having the subjects play an online game, having them solve puzzles under various noise conditions, or having them decide how to allocate a nominal amount of received cash between themselves and someone else.
ii. If the research involves deceiving the subjects regarding the nature or purposes of the research, this exemption is not applicable unless the subjects authorizes the deception through a prospective agreement to participate in research in circumstances in which the subject is informed that he or she will be unaware of or misled regarding the nature or purposes of the research.
Impact at UNK: This is a new category specific to “benign interventions” involving adults that allows for deception under certain conditions. Data may also be sensitive and identifiable as long as a “limited review” is conducted by the IRB. “Benign interventions” are currently reviewed as expedited review, as there is no current exempt category that this activity would fit in with the Final Rule, this type of research would be permitted as an exempt review.
- Secondary research for which consent is not required: Secondary research uses of identifiable private information or identifiable biospecimens, if at least one of the following criteria is met:
i. The identifiable private information or identifiable biospecimens are publicly available;
ii. Information, which may include information about biospecimens, is recorded by the investigator in such a manner that the identity of the human subjects cannot readily be ascertained directly or through identifiers linked to the subjects, the investigator does not contact the subjects, and the investigator will not re-identify subjects;
iii. The research involves only information collection and analysis involving the investigator’s use of identifiable health information when that use is regulated under 45 CFR parts 160 and 164, subparts A and E [HIPPA], for the purposes of “health care operations” or “research” as those terms are defined at 45 CFR 164.501 or for “public health activities ad purposes” as described under 45 CFR 164.512(b); or
iv. The research is conducted by, or on behalf of, a Federal department or agency using government-generated or government-collected information obtained for nonresearch activities, if the research generates identifiable private information that is or will be maintained on information technology that is subject to and in compliance with section 208(b) of the E-Government Act of 2002, 44 U.S.C. 3501 note, if all of the identifiable private information collected, used, or generated as part of the activity will be maintained in systems of records subject to the Privacy Act of 1974, 5 U.S.C. 552a, and, if applicable, the information used in the research was collected subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
Impact at UNK: This category has been revised to also include biospecimens, as well as special carve-outs for HIPAA-covered data, federally conducted research, and federally generated data. This provides greater clarity on what is allowable under this category.
- Research and demonstration projects that are conducted or supported by a Federal department or agency, or otherwise subject to the approval of department or agency heads (or the approval of the heads of bureaus or other subordinate agencies that have been delegated authority to conduct the research and demonstration projects), and that are designed to study, evaluate, improve, or otherwise examine public benefit or service programs, including procedures for obtaining benefits or services under those programs, possible changes in or alternatives to those programs or procedures, or possible changes in methods or levels of payment for benefits or services under those programs. Such projects include, but are not limited to, internal studies by Federal employees, and studies under contracts or consulting arrangements, cooperative agreements, or grants. Exempt projects also include waivers of other mandatory requirements using authorities such as sections 1115 and 1115A of the Social Security Act, as amended.
i. Each Federal department or agency conducting or supporting the research and demonstration projects must establish, on a publicly accessible Federal website or in such other manner as the department or agency head may determine, a list of the research and demonstration projects that the Federal department or agency conducts or supports under this provision. The research or demonstration project must be published on this list prior to commencing the research involving human subjects.
Impact at UNK: The revisions provides further clarification about what are “research and demonstration projects that are conducted or supported by Federal department or agency. To note, research that is reviewed under this category has always been quite rare.
- Taste and food quality evaluation and consumer acceptance studies:
i. If wholesome foods without additives are consumed; or
ii. If a food is consumed that contains a food ingredient at or below the level and for a use found to be safe, or agricultural chemical or environmental contaminant at or below the level found to be safe, by the FDE or approved by the EPA or the Food Safety and inspection Service of the USDA.
- Storage or maintenance for secondary research for which broad consent is required: Storage or maintenance of identifiable private information or identifiable biospecimens for potential secondary research use if an IRB conducts a limited IRB review and makes the determination required by §_____.111(a)(8).
Impact at UNK: This new category is specifically for identifiable data and/or biospecimen repositories as long as a “limited review” is conducted by IRB. Repositories are currently reviewed as expedited review, as there is no current exempt category that this activity would fit in. With the Final Rule, this type of research would be permitted as an exempt review.
- Secondary research for which broad consent is required: Research involving the use of identifiable private information or identifiable biospecimens for secondary research use, if the following criteria are met:
i. Broad consent for the storage, maintenance, and secondary research use of the identifiable private information or identifiable biospecimens was obtained in accordance with §_____.116(a)(1) through (4), (a)(6), and (d);
ii. Documentation of informed consent or waiver of documentation of consent was obtained in accordance with §_____.117;
iii. An IRB conducts a limited IRB review and makes the determination required by §_____.111(a)(7) and makes the determination that the research to be conducted is within the scope of the broad consent referenced in paragraph (d)(8)(i) of this section; and
iv. The investigator does not include returning individual research results to subjects as a part of the study plan. This provision does not prevent an investigator from abiding by any legal requirements to return individual research results.
Impact at UNK: This new category pertains to the use of identifiable data and/or biospecimens from a repository as long as certain conditions are met. The review of secondary use of identifiable data is currently reviewed as expedited review, as there is no current exempt category that this activity would fit in. With the Final Rule, this type of research would be permitted as an exempt review.
Note: If broad consent is not adopted, exempt categories 7 and 8 cannot be used.
Exempt
