Types of Review

When a submission comes to the HSRO, it is evaluated to determine the appropriate category of review.

There are four categories of submissions:

  • Excluded
  • Exempt
  • Expedited
  • Full Board

It is important for investigators to understand that the Office of Human Research Protections (OHRP), the federal office that oversees research with human subjects, has consistently stated that the federal regulations are a floor and not a ceiling in terms of human subjects protections. This means the RIT HSRO may require additional protections or modifications where applicable.

Excluded

The first step in identifying the appropriate category of review is determining if the proposed activity meets the federal definition of research with human subjects. All submissions are evaluated, and those that don’t meet the definition are considered to be excluded. This means the proposed activity doesn’t fall under the scope of the HSRO, and researchers aren’t required to adhere to the code relating to the protection of human subjects.

This most often happens when a proposed activity is a quality improvement activity, or “practice” instead of research. These non-research activities are usually intended to identify and control specific problems or improve programs or services, for example, a survey about handheld devices used on campus from ITS or focus groups about what kinds of activities should be offered through the health center. Practice includes interventions that are expected to enhance the well-being of a person through diagnosis or treatment and are not intended to provide generalizable results.

Read more about what is considered research

Exempt

Exempt human subjects research is a sub-set of research in which the only involvement of human subjects fall into one or more specific exemption categories as defined in the Federal Regulations (45CFR46). These activities are considered research and need to be submitted to the HSRO for review to determine which exemption category they fall under. These activities must present no more than minimal risk, and there are some restrictions:

  • Exempt projects are not subject to continuing review
  • Amendments are only required if changes to the project could alter the exempt determination

Exempt determination do not lessen the investigator’s ethical obligations including human subjects protections training and providing prospective subjects with information about the research.

Minimal Risk

Minimal risk means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

Exempted Categories

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.

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:
    1. The information obtained 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;
    2. 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, educational advancement, or reputation; or
    3. The information obtained is recorded by the investigator in such a manner that the identity of the human subjects 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 §46.111(a)(7)*.

*Not applied for use with children.

**Can only be applied for use with children when the investigators do not participate in the activities being observed

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:

  1. The information obtained 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;
  2. 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, educational advancement, or reputation; or
  3. The information obtained is recorded by the investigator in such a manner that the identity of the human subjects 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 §46.111(a)(7).

For the purpose 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.

If the research involves deceiving the subjects regarding the nature or purposes of the research, this exemption is not applicable unless the subject 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.

 * 45CFR46.102(2) defines Intervention to include both physical procedures by which information or biospecimens are gathered (e.g., venipuncture) and manipulations of the subject or the subject's environment that are performed for research purposes.

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:

  1. The identifiable private information or identifiable biospecimens are publicly available;
  2. 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;
  3. 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, for the purposes of “health care operations” or “research” as those terms are defined at 45 CFR 164.501 or for “public health activities and purposes” as described under 45 CFR 164.512(b); or
  4. The research is conducted by, or on behalf of, a federal department or agency using government-generated or government-collected information obtained for non-research 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.

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 otherwise mandatory requirements using authorities such as sections 1115 and 1115A of the Social Security Act, as amended.

Taste and food quality evaluation and consumer acceptance studies.

Not in use at RIT at this time.

Not in use at RIT at this time.

Restrictions

The following research activities cannot be reviewed under an Exempt category:

  • Research involving prisoners as subjects except for research aimed at involving a broader subject population that only incidentally includes prisoners
  • Benign behavioral inventions with adult subjects where deception is involved and the subject is not informed regarding the nature or purposes of the research
  • Survey or interview procedures when the subjects are children
  • Observation of public behavior of children when the researchers interact in the activities being observed

Expedited

Research activities that present no more than minimal risk to human subjects and involve only procedures listed in one or more of the categories below may be reviewed through the expedited review procedure. 

“Expedited” refers to the type of review — it is performed by the HSRO and may be reviewed by another experienced reviewer instead of the entire Board at a meeting. Despite the name, it does NOT mean you can request this to make the IRB process go more quickly. There are very specific conditions under which a submission can be reviewed in this manner, it is not a type of review that an investigator can request.

Minimal Risk

Minimal risk means that the risks of harm anticipated in the proposed research are not greater, considering probability and magnitude, than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.

Expedited Categories

Clinical studies of drugs and medical devices when specific conditions are met

Collection of blood samples by finger stick, heel stick, ear stick, or venipuncture

Prospective collection of biological specimens for research purposes by noninvasive means

Collection of data through noninvasive procedures (not involving general anesthesia or sedation) routinely employed in clinical practice, excluding procedures involving x-rays or microwaves

Research involving materials (data, documents, records, or specimens) that:

  1. have been collected, or
  2. will be collected solely for non-research purposes (such as medical treatment or diagnosis. (This listing refers only to research that is not exempt, §46.104)

Collection of data from voice, video, digital, or image recordings made for research purposes

Research on:

  1. individual or group characteristics or behavior (including, but not limited to, research on perception, cognition, motivation, identity, language, communication, cultural beliefs or practices, and social behavior), or
  2. research employing survey, interview, oral history, focus group, program evaluation, human factors evaluation, or quality assurance methodologies. (This listing refers only to research that is not exempt, §46.104)

Continuing review of research previously approved by the convened IRB:

  1. where
    1. the research is permanently closed to the enrollment of new subjects;
    2. all subjects have completed all research-related interventions; and
    3. the research remains active only for long-term follow-up of subjects; or
  2. where no subjects have been enrolled and no additional risks have been identified; or
  3. where the remaining research activities are limited to data analysis.

Continuing review of research, not conducted under an investigational new drug application or investigational device exemption where Categories 2 through 8 do not apply but the IRB has determined and documented at a convened meeting that the research involves no greater than minimal risk and no additional risks have been identified.

Full Board

The IRB at RIT consists of two branches, or committees. Each committee meets separately to review research activities. The members of each committee have a variety of backgrounds and areas of specializations. While they may be an expert in their own field, they review research activities from multiple areas of study within RIT. This helps them to ask questions which might seem obvious to a researcher, but which are very important to a subject. The Board members try to look at the proposed activity as a subject would.