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Human subjects research studies that do not qualify for an exemption are referred to as non- exempt human subjects research. Unless there is a Secretarial waiver, they must comply with the Common Rule requirements, including IRB review and approval, before the research can begin.
Research involving children can be classified as exempt under this category if the research involves only educational tests and / or observation of public behavior where the investigator does not participate in the activities being observed and meets the other conditions of the exempt category.
All research conducted on humans must be pre-emptively accepted by the subjects themselves through the procedure known as informed consent. Voluntary expression of consent and adequate information disclosure about the research are critical and essential elements of the informed consent process.
Exempt research are human subjects studies that present no greater than minimal risk to subjects and fit into one or more exempt categories (as described below).
To qualify as an exempt study, the research must fall within one of the specific federal regulatory categories. A determination of exemption must be made by the JHM IRBs and principal investigators must submit all such studies for their review.
Human subjects research that is classified as exempt means that the research qualifies as no risk or minimal risk to subjects and is exempt from most of the requirements of the Federal Policy for the Protection of Human Subjects, but is still considered research requiring an IRB review for an exemption determination.
Research activities in which the only involvement of human subjects will be in one or more of the exempt categories defined by the federal regulations, will be given an exempt determination, rather than IRB approval. Exempt studies are so named because they are exempt from some of the federal regulations.
Emergency research is the most often mentioned example in all contexts described, and it is the most notable research discipline in which practical problems are forwarded as the primary reason why the informed consent requirement should be waived.
The HHS regulations at 45 CFR part 46 for the protection of human subjects in research require that an investigator obtain the legally effective informed consent of the subject or the subject's legally authorized representative, unless (1) the research is exempt under 45 CFR 46.101(b); (2) the IRB finds and documents
Exempt Categories:Education research.Surveys, interviews, educational tests, public observations (that do not involve children)Benign behavioral interventions.Analysis of previously-collected, identifiable info/specimens.Federal research/demonstration projects.Taste and food evaluation studies.