EXEMPTION CATEGORIES [45 CFR 46.101 (b)]
[PLEASE NOTE: THE
EXEMPTION CATEGORIES LISTED BELOW DO NOT APPLY IF THE SUBJECTS ARE MEMBERS OF A
VULNERABLE POPULATION, i.e., PREGNANT WOMEN, CHILDREN, PERSONS WITH MENTAL DISABLITIES,
FETUSES, HUMAN IN VITRO FERTILIZATION, PRISONERS, AND PERSONS WHO ARE
EDCUATIONALLY OR ECONOMICALLY DISADVANTAGED.]
Research
activities in which the only involvement of human subjects will be in one or more
of the following categories:
1) Research
conducted in established or commonly accepted educational settings, involving
normal educational practices, such as
(i) research
on regular and special education instructional strategies, or
(ii) research on the effectiveness of or the comparison among
instructional techniques, curricula, or classroom management methods.
2) Research
involving the use of educational tests (cognitive, diagnostic, aptitude,
achievement), survey procedures, interview procedures or observation of public
behavior, unless:
(i) information
obtained is recorded in such a manner that human subjects can be identified,
directly or through identifiers linked to the subjects; and
(ii) any
disclosure of the human subjects’ responses outside the research could
reasonably place the subjects at risk of criminal or civil liability or be
damaging to the subjects’ financial standing, employability or reputation
3) Research
involving the use of educational tests (cognitive, diagnostic, aptitude, achievement),
survey procedures, or observation of public behavior that is not exempt under
paragraph (b) (2) above if:
(i) the
human subjects are elected or appointed public officials or candidates for
public office; or
(ii) Federal
Statute(s) require(s) without exception that the confidentiality of the
personally identifiable information will be maintained throughout the research
and thereafter
4) Research
involving the collection or study of existing data, documents, records,
pathological specimens, or diagnostic specimens, if these sources are publicly
available or if the information is recorded by the investigator in such a
manner that subjects cannot be identified, directly or through identifiers
linked to the subjects.
5) Research
and demonstration projects which are conducted by or subjected to the approval
of department of agency heads, which are designed to study, evaluate, or
otherwise examine:
(i) public
benefit or service programs;
(ii) procedures for obtaining benefits or services under those programs;
(iii) possible changes in or
alternatives to those programs or procedures; or
(iv) possible programs in methods or levels of payment for
benefits or services under those programs
6) 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 Food and Drug
Administration or approved by the Environmental Protection Agency or the Food
Safety and Inspection Service of the U.S. Department of Agriculture.