Source: Office for Protection from Research Risks
(OPRR)

46.116
- Informed Consent Checklist - Basic and Additional Elements
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A statement that the study involves
research |
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An explanation of the purposes of the research |
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The expected duration of the subject's participation |
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A description of the procedures to be followed |
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Identification of any procedures which are experimental |
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A description of any reasonably foreseeable risks
or discomforts to the subject |
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A description of any benefits to the subject or
to others which may reasonably be expected from the research |
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A disclosure of appropriate alternative procedures
or courses of treatment, if any, that might be advantageous
to the subject |
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A statement describing the extent, if any, to which
confidentiality of records identifying the subject will be maintained |
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For research involving more than minimal risk,
an explanation as to whether any compensation, and an explanation
as to whether any medical treatments are available, if injury
occurs and, if so, what they consist of, or where further information
may be obtained |
| ( ) Research Qs |
An explanation of whom to contact for
answers to pertinent questions about the research and research
subjects' rights, and whom to contact in the event of a research-related
injury to the subject |
| ( ) Rights Qs |
| ( ) Injury Qs |
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A statement that participation is voluntary, refusal
to participate will involve no penalty or loss of benefits to
which the subject is otherwise entitled, and the subject may
discontinue participation at any time without penalty or loss
of benefits, to which the subject is otherwise entitled |
| Additional elements, as appropriate
(required unless IRB concurs otherwise): |
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A statement that the particular treatment or procedure
may involve risks to the subject (or to the embryo or fetus,
if the subject is or may become pregnant), which are currently
unforeseeable |
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Anticipated circumstances under which the subject's
participation may be terminated by the investigator without
regard to the subject's consent |
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Any additional costs to the subject that may result
from participation in the research |
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The consequences of a subject's decision to withdraw
from the research and procedures for orderly termination of
participation by the subject |
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A statement that significant new findings developed
during the course of the research, which may relate to the subject's
willingness to continue participation, will be provided to the
subject |
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The approximate number of subjects involved in
the study |
46.117
Documentation of Informed Consent Checklist
| a. Except as provided in
paragraph "c" of this section, informed consent shall be documented
by the use of a written consent form approved by the IRB, and
signed by the subject or the subject's legally authorized representative.
A copy shall be given to the person signing the form. |
| WRITTEN |
The consent form may be either of
the following:1. A written consent document
that embodies the elements of informed consent required by 46.116.
This form may be read to the subject or the subject's legally
authorized representative, but in any event, the investigator
should give either the subject or the representative adequate
opportunity to read it before it is signed. |
| DONE ORALLY |
2. A short form written consent
document, stating that the elements of informed consent required
by 46.116
have been presented orally to the subject or
the subject's legally authorized representative. When this method
is used, there shall be a witness to the oral
presentation. Also, the IRB shall approve a written
summary of what is to be said to the subject or the
representative. Only the short form itself is to be signed by
the subject or the representative. However, the witness shall
sign both the short form and a copy of the summary, and the
person actually obtaining consent shall sign a copy of the summary.
A copy of the summary shall be given to the subject or the representative,
in addition to a copy of the short form. |
| WAIVER of req't for signed form |
c. An IRB may waive the requirement for the investigator
to obtain a signed consent form for some or all subjects, if
it finds either:1. That the only record linking the subject
and the research would be the consent document, and the principal
risk would be potential harm resulting from a breach
of confidentiality. Each subject will be asked whether the subject
wants documentation linking the subject with the research, and
the subject's wishes will govern; or2. That the research presents
no more than minimal risk of harm to subjects,
and involves no procedures, for which written consent is normally
required outside of the research context.
In cases in which the documentation requirement is waived, the
IRB may require the investigator to provide subjects with a
written statement regarding the research. |
IRB Latitude to Approve a Consent Procedure that Alters or
Waives some or all of the Elements of Consent
46.116 - An IRB may approve a consent procedure, which
does not include, or which alters, some or all of the elements of
informed consent set forth in this section, or waive the requirements
to obtain informed consent, provided the IRB finds and documents that:
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C: 1.The research
or demonstration project is to be conducted by, or subject to
the approval of, state or local government officials, and is
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
changes in methods or levels of payment for benefits or services
under those programs; and |
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C: 2.The research could not practicably
be carried out without the waiver or alteration. |
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D: 1. The research involves no
more than minimal risk to the subjects; |
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D: 2.The waiver or alteration
will not adversely affect the rights and welfare of the subjects; |
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D: 3.The research could not practicably
be carried out without the waiver or alteration; and |
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D: 4.Whenever appropriate, the
subjects will be provided with additional pertinent information
after participation. |
| Special Requirements
- 45 CFR 46 Subpart D - Additional DHHS Protections for Children
Involved as Subjects in Research |
Assent/
Waiver |
The IRB shall determine that adequate
provisions are made for soliciting the assent of the children,
when in the judgment of the IRB the children are capable of
providing assent. If the IRB determines that the capability
of some or all of the children is so limited that they cannot
reasonably be consulted, or that the intervention or procedure
involved in the research holds out a prospect of direct benefit
that is important to the health or well-being of the children,
and is available only in the context of the research, the assent
of the children is not a necessary condition for proceeding
with the research. Even where the IRB determines that the subjects
are capable of assenting, the IRB may still waive the assent
requirement under circumstances, in which consent may be waived
in accord with 46.116
of Subpart A. |
| Parents |
The IRB may find that the permission of one
parent is sufficient for research to be conducted under 46.404
or 46.405. |
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Where research is covered by 46.406
and 46.407,
and permission is to be obtained from parents, both
parents must give their permission, unless one parent
is deceased, unknown, incompetent, or not reasonably available,
or when only one parent has legal responsibility for the care
and custody of the child. |
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If the IRB determines that a research protocol
is designed for conditions or for a subject population, for
which parental or guardian permission is not a reasonable requirement
to protect the subjects (for example, neglected or abused children),
it may waive the consent requirements in Subpart A of this part
and paragraph (b) of this section, provided an appropriate mechanism
for protecting the children who will participate as subjects
in the research is substituted, and provided further that the
waiver is not inconsistent with Federal, state or local law. |
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