TITLE 38 - PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS

PART 16 - PROTECTION OF HUMAN SUBJECTS

16.109 - IRB review of research.

  (a) An IRB shall review and have authority to approve, require modifications in (to secure approval), or disapprove all research activities covered by this policy.

  (b) An IRB shall require that information given to subjects as part of informed consent is in accordance with 16.116. The IRB may require that information, in addition to that specifically mentioned in 16.116, be given to the subjects when in the IRB's judgment the information would meaningfully add to the protection of the rights and welfare of subjects.

  (c) An IRB shall require documentation of informed consent or may waive documentation in accordance with 16.117.

  (d) An IRB shall notify investigators and the institution in writing of its decision to approve or disapprove the proposed research activity, or of modifications required to secure IRB approval of the research activity. If the IRB decides to disapprove a research activity, it shall include in its written notification a statement of the reasons for its decision and give the investigator an opportunity to respond in person or in writing.

  (e) An IRB shall conduct continuing review of research covered by this policy at intervals appropriate to the degree of risk, but not less than once per year, and shall have authority to observe or have a third party observe the consent process and the research. (Approved by the Office of Management and Budget under Control Number 0990 0260.) [56 FR 28012, 28021, June 18, 1991, as amended at 70 FR 36328, June 23, 2005]