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College
of Charleston
Academic
Affairs
Faculty
and Administration Manual
Protection of Human Research Participants
0.0
CONTENTS
1.0
Policy
2.0
Responsibilities of the Institutional Review Board (IRB)
3.0
Responsibilities of the Research Investigator
4.0
Responsibilities of Department Chairs/Cognizant Administrators
5.0
Requirements for Informed Consent
1.0
POLICY
1.1 It
is the policy of the Board of Trustees, the President, and the Faculty
that all human research conducted within or under the auspices of the
College of Charleston conform to all applicable laws, rules, and
regulations of the State of South Carolina and Federal sponsoring
agencies in order to protect fully the rights and welfare of all
research participants. Furthermore, all such research must be performed
in compliance with the highest standards of ethics, practice, and
conduct of each of the fields or disciplines involved in each of the
specific research projects.
1.2
The
College of Charleston will provide additional protections pertaining to
research, development, and related activities involving fetuses,
pregnant women, and in vitro fertilization of human ova and for
prisoners involved in research and additional safeguards in research
when that research involves children, individuals institutionalized as
mentally disabled, and other potentially vulnerable groups in
accordance with Federal regulations. 2.0
RESPONSIBILITIES OF THE INSTITUTIONAL REVIEW BOARD (IRB)
2.1 To
ensure compliance with its policy, and in conformity with the
requirements of the Federal government as exemplified in previously
published regulations of the National Institutes of Health (NIH), U.S.
Department of Health and Human Services, in 45 CFR 46, and as
superseded by the "Common Rule for the Protection of Human Subjects"
for all Federal departments and agencies (Federal Register, June 18,
1991), the Board of Trustees has established an Institutional Review
Board (IRB) at the College of Charleston.
2.2 It
is the intention of the Board of Trustees that, except for those
categories specifically exempted by 45 CFR 46, all research involving
human participants conducted at, or under the auspices of, any unit of
the College of Charleston, whether or not supported by an external
agency, be reviewed by the Institutional Review Board. This policy
applies to all research projects, research grant applications, grant
renewal requests, or contract proposals, contracts, and contract
renewal proposals involving, or which may later involve, research
participants. The review of all non-exempt research by the IRB will
prevent the unequal treatment of research participants in research
conducted in different parts of the College and will assure the
protection of the rights and welfare of all research participants
throughout the College. 2.3 The
Institutional Review Board has the responsibility and authority to
review, approve, disapprove, or require changes in research activities
involving human participants. 2.4 The
involvement of humans in research covered by this policy will not be
permitted until the IRB has reviewed and approved the research protocol
and informed consent has been obtained in accordance with Federal
regulations. 2.5 Continuing
or serious non-compliance with the requirements of this policy will be
reported by the IRB to the College of Charleston's administration, the
funding agency, and the Office of Human Research Protection (OHRP),
U.S. Department of Health and Human Services. 2.6
When
research involving humans is conducted through a cooperative research
project at, or in cooperation with, another entity, all provisions of
this policy remain in effect. The College of Charleston IRB may accept,
for the purpose of meeting the IRB review requirements, the review of
an IRB established in accordance with U.S. Department of Health and
Human Services rules and regulations. Such acceptance must be in
writing, approved and signed by an authorized representative of the
College of Charleston's Office of Research and Grants Administration,
and approved and signed by correlative officials of each of the other
cooperating institutions. 3.0
RESPONSIBILITIES OF THE RESEARCH INVESTIGATOR
3.1 Determination of Human Research Participant Involvement
3.1.1 Research
Investigators shall make a determination as to whether their research
will involve human participants and will indicate such involvement on
the College’s Office of Research and Grants Administration Pre-Award
Proposal Routing Sheet for sponsored projects.
3.1.2 When
it is not clear whether the research involves human participants,
Research Investigators shall seek assistance from the Office of
Research and Grants Administration in making this determination. 3.1.3
Research
Investigators may make a preliminary determination of exemption
eligibility under Federal regulations utilizing the Human Research
Exemption Request form available from the Office of Research and Grants
Administration. 3.2
Preparation of the Research Protocol
3.2.1 Research
Investigators shall prepare a research protocol, giving a complete
description of the proposed research in the Human Research Review
Application form available from the Office of Research and Grants
Administration. In the protocol, Research Investigators shall make
provisions for the adequate protection of the rights and welfare of
research participants and shall ensure that pertinent laws and
regulations are observed. This requirement is applicable even in cases
where the research is exempt under Federal regulations.
3.2.2
Research Investigators shall include the proposed informed consent form with the protocol. 3.3 Submission of the Research Protocol to the Office of Research and Grants Administration
3.3.1
Research
Investigators shall ensure that all research protocols involving humans
are submitted to the Office of Research and Grants Administration. 3.4 Submission of a Supplement to an Original Research Protocol
3.4.1 Research Investigators shall submit a supplement to the IRB when:
3.4.1.1 It is proposed to involve research participants and the activity previously had only indefinite plans for their involvement; or
3.4.1.2 It is proposed to involve research participants and the activity previously had no plans for their involvement; or 3.4.1.3
It
is proposed to change the involvement of research participants and that
their involvement is significantly different from that which was
initially approved by the IRB. 3.5 Complying with IRB Decisions
3.5.1
Research Investigators shall comply with all IRB decisions, conditions, and requirements. 3.6 Obtaining Informed Consent
3.6.1
Research
Investigators shall obtain informed consent from research participants
in accordance with Section 5.0 of this policy statement. 3.7 Retention of Signed Consent Documents
3.7.1
Research
Investigators shall ensure that original signed consent forms are
retained and maintained in the Research Investigator's office files on
the College of Charleston campus where they are accessible to IRB
monitors. These consent forms may not be removed from the campus
without the prior approval of the Office of Research and Grants
Administration. 3.8 Submission of Progress Reports
3.8.1
Research
Investigators shall report the progress of the research to the IRB as
often as, and in the manner, prescribed by the IRB, but not less than
once per year. 3.9 Submission of Injury Reports and Reports of Unanticipated Problems Involving Risks
3.9.1 Research Investigators shall report promptly to the IRB any injuries to research participants.
3.9.2
Research
Investigators shall report promptly to the IRB any unanticipated
problems which involve risks to the research participants or others. 3.10 Reporting Changes in the Research Protocol
3.10.1 Research
Investigators shall submit to the IRB any proposed changes in a
research activity on a Protocol Modification, Continuing Review, &
Final Report Form.
3.10.2
Changes
in a research activity during the period for which IRB approval has
already been given shall not be initiated by Research Investigators
without prior IRB review and approval, except when necessary to
eliminate apparent immediate hazards to the research participant. 3.11
Reporting Non-Compliance
3.11.1
Research
Investigators shall report promptly to the IRB any serious or
continuing non-compliance with the requirements of this policy or the
determinations of the IRB. 3.12
Attending IRB Meetings
3.12.1
To
facilitate the review of research and the protection of the rights and
welfare of research participants, Research Investigators are encouraged
to attend IRB meetings when invited by the IRB. 3.13 Notification Concerning Investigational New Drugs or Devices
3.13.1
Research
Investigators shall notify the Office of Research and Grants
Administration and the Food and Drug Administration (FDA) when it is
anticipated that an investigational new drug or device exemption will
be required. 4.0
RESPONSIBILITIES OF THE DEPARTMENT CHAIR/COGNIZANT ADMINISTRATOR
4.1 Department
Chairs (or cognizant administrators) shall initially review and approve
all applications for exemption under Federal regulations prior to their
submission to the Office of Research and Grants Administration for
consideration by the IRB.
4.2 Department
Chairs (or cognizant administrators), through appropriate procedures
established within their respective departments/units, shall review
applications for IRB review for ethical considerations and scientific
merit. 4.3 In
conjunction with Research Investigators, Department Chairs (or
cognizant administrators) shall report promptly to the IRB any serious
or continuing non-compliance with the requirements of this policy or
the determinations of the IRB. 4.4
To
facilitate the review of research and the protection of the rights and
welfare of research participants, Department Chairs (or cognizant
administrators) are encouraged to attend IRB meetings when invited by
the IRB. 5.0
REQUIREMENTS FOR INFORMED CONSENT
5.1
Obtaining Informed Consent
5.1.1 Unless
informed consent has been specifically waived by the IRB in accordance
with Federal regulations, no Research Investigator shall involve any
individual as a participant in research unless the Research
Investigator has obtained the legally effective informed consent of the
participant or the participant’s legally authorized representative.
5.1.1.1 Research
Investigators shall obtain informed consent in accordance with Federal
regulations and for ensuring that no research participant will be
involved in the research prior to obtaining the consent. 5.1.1.2 Unless otherwise authorized by the IRB, Research Investigators shall ensure that legally effective informed consent: 5.1.1.2.1 Is obtained from the research participant or his/her legally authorized representative;
5.1.1.2.2 Is in lay language understandable to the research participant or the representative; 5.1.1.2.3 Is
obtained under circumstances that offer the prospective research
participant or the representative sufficient opportunity to consider
whether the prospective participant should or should not participate;
and 5.1.1.2.4
Does
not include exculpatory language through which the research participant
or the representative is made to waive, or appear to waive, any of the
participant’s legal rights, or which releases, or appears to release,
the Research Investigator, the sponsor, or the institution or its
agents from liability for negligence.
5.2
Providing Basic Elements of Informed Consent
5.2.1 Unless
otherwise authorized by the IRB, Research Investigators, as a minimum,
shall provide the following information to each research prospective
research participant, which is to be included in the informed consent
document:
5.2.1.1 A
statement that the study involves research, an explanation of the
purposes of the research, and the expected duration of the prospective
participant’s involvement in the study; a description of procedures to
be followed; and the identification of procedures which are
experimental;
5.2.1.2 A description of any reasonable foreseeable risks and/or discomforts to the research participant; 5.2.1.3 A description of any benefits to the research participant or to others which may reasonably be expected from the research; 5.2.1.4 A
disclosure of appropriate alternative procedures or courses of
treatment (if any) that might be advantageous to the research
participant; 5.2.1.5 A
statement describing the extent (if any) to which confidentiality of
research records identifying the research participant will be
maintained; 5.2.1.6 An
explanation as to whether any compensation and/or medical treatments
are available if any injury occurs and, if so, what they consist of, or
where further information may be obtained; 5.2.1.7 An
explanation of whom to contact for answers to pertinent questions about
the research and the research participant’s rights, and whom to contact
in the event of a research-related injury to the participant; 5.2.1.8 A
statement that participation is voluntary and that refusal to
participate will involve no penalty or loss of benefits to which the
research participant is otherwise entitled; and the research
participant may discontinue participation at any time without penalty
or loss of benefits to which he/she is otherwise entitled; and 5.2.1.9
A statement that the research participant will receive an executed copy of the informed consent document. 5.3
Providing Additional Elements of Informed Consent
5.3.1 When
required by the IRB, the Research Investigator shall provide one or
more of the following additional elements of information to each
research participant:
5.3.1.1 A
statement that the particular treatment or procedure may involve risks
to the participant (or to the embryo or fetus, if the participant is or
may become pregnant) which are currently unforeseeable;
5.3.1.2 Anticipated
circumstances under which the individual’s participation may be
terminated by the Research Investigator without regard to his/her
consent; 5.3.1.3 Any additional costs to the research participant that may result from participation in the research 5.3.1.4 The
consequences of a participant’s decision to withdraw from the research
and procedures for orderly termination of participation; search
and procedures for orderly termination of participation by the subject;
5.3.1.5 A
statement that significant new findings developed during the course of
the research which may relate to the participant’s willingness to
continue participation will be provided to him/her; and 5.3.1.6
The approximate number of research participants involved in the study. 5.4
Documentation of Informed Consent
5.4.1 Research
Investigators shall ensure that informed consent is documented by the
use of a written consent form, approved and dated by the IRB and signed
by the participant or his/her legally authorized representative, unless
this requirement is specifically waived by the IRB.
5.4.2 Research
Investigators shall ensure that the participant signing the written
consent form is given a copy of that form after it has been completed
and signed.e written
consent form is given a copy of that form after it has been completed and
signed.
5.4.3
Research Investigators may use a consent form which is either:
5.4.3.1 A
written consent document that embodies the elements of informed consent
required by Federal regulations. This form may be read to the
prospective participant or his/her legally authorized representative,
but in any event, the Research Investigator shall give either the
prospective participant or the representative adequate opportunity to
read the form before signing it; or
5.4.3.2 A
"short form" written consent document stating that the elements of
informed consent required by Federal regulations have been presented
orally to the prospective participant or his/her legally authorized
representative. When the "short form" is used, Research Investigators
shall ensure that: 5.4.3.2.1 The
written summary of what is to be said to the prospective participant or
the representative receives prior approval of the IRB;
5.4.3.2.2 A witness is present at the oral presentation; 5.4.3.2.3 The short form is signed by the research participant or his/her representative; 5.4.3.2.4 The witness signs both the short form and a copy of the written summary of the oral presentation; 5.4.3.2.5 The person obtaining consent signs a copy of the summary; 5.4.3.2.6
A copy of both the short form and the summary is given to the research participant or his/her representative.
Sponsor:
Institutional Review Board Date: 03-21-96
Review:
Director of Research and Grants Administration Date: 03-25-96
Review:
Vice President for Research Date: 03-25-96
Approval:
College of Charleston Board of Trustees Date: 07-24-96
Administrative Revisions: Office of Research and Grants Administration: Date: 07-18-2003
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