175. Process for Resolving Conflicts Between Federal, State, and Local Laws

Updated June 30, 2021

The IRB relies on University Counsel for interpretation of Nevada State Law and advice in event of conflict between state and federal law. Nevada has adopted the Restatement (Second) of Conflict of Laws, Section 188 "most significant relationship" test. Williams v. USAA, 849 P.2d 265, 266 (Nev. 1993); Sotirakis v. USAA, 849 P.2d 789 (Nev. 1990).

During the pre-review process, Research Integrity staff identify projects that fall under the authority of the University IRB but will be conducted outside of the state of Nevada. The University IRB, as appropriate, will interpret the law of the state in which the research is being conducted regarding local context. The Research Integrity Director will confer with a Human Research Protection Program (HRPP) Director residing in the state in which the research will take place and, if necessary, Legal Counsel for the University will offer interpretation in accordance with the laws of the State of Nevada.

International studies require assistance from a local collaborator to identify and assess local laws that may affect the research. Researchers describe the applicable laws or how the determination was made that no local laws apply. Investigators conducting research in foreign countries are responsible for acquainting themselves with laws and regulations governing human research.