- Level I – No risk to human subjects
- Level II – Minimal risk to human subjects
- Level III – Possible risk to human subjects, a sensitive topic
is being
researched, or subjects include special populations (including children
under 8, mentally handicapped, or legally incompetent)
The following lists of Level I, Level II, and Level III research
are provided as examples and are not meant to be inclusive. The
activities
listed should not be deemed to be Level I, II, or III simply because
they
are included on this list. Inclusion on this list merely means
that
the activity is eligible for review in that specific category.
For
additional clarification or guidance contact the IRB expeditor/chair.
LEVEL I (No risk to human subjects):
The following types of research may be classified as Level
I and exempt from full board review. Level I status and
exemption
from full board review must be granted by the IRB Chair/Expediter:
- Educational Settings: Research conducted in
established or
commonly
accepted educational settings, involving normal educational practices,
such as:
- Research on regular and special education instructional
strategies; or
- Research on the effectivenss of or the comparison among
instructional
techniques,
curricula, or classroom management methods.
- Educational Tests: Research involving the use of
educational tests if
- information taken from these sources is recorded in such a
manner that
subjects cannot be identified directly or through identifiers linked to
the subjects and
- 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, or
reputation.
- Educational tests includes cognitive, diagnostic, aptitude,
and
achievement
tests. Test administration must be appropriate to the test
administrator's
qualifications and licensing.
- Surveys, Interviews, and Observation: Research
involving
survey
or interview procedures, or observation of public behavior, provided
- The responses are recorded in such a manner that the human
subjects
cannot
be identified directly or through identifiers linked to the subjects.
- Level I status for Survey/Interview research is not
applicable to
children.
- In observational research involving children, investigators
cannot
participate
in the activities being observed.
- Public Officials and Federal Statutes: Research
involving
the use
of eductional tests, survey procedures, interview procedures, or
observation
of public behavior that is not exempt under category #3, if:
- The human subjects are elected or appointed public officials
or
candidates
for public office; or
- Federal statute(s) require(s) without exception that the
confidentiality
of the personally identifiable information will be maintained
throughout
the research and thereafter.
- Existing Data: Research involving the collection or
study
of existing
data, documents, records, pathological specimens, or diagnostic
specimens, if:
- These sources are publicly available; or
- The information is recorded by the investigator in such a
manner that
subjects
cannot be identified, directly or through identifiers linked to the
subjects.
- Service Programs: Research and demonstration projects
which are:
Conducted by or subject to the approval of department or agency heads; and
designed to study, evaluate, or otherwise examine:
- Public benefit or service programs; or
- Procedures for obtaining benefits or sevices under those
programs; or
- 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.
- Other: Research involving the use of non-research
informants (elite
interviewing) or testimony from identified individuals in a
journalistic
format.
Why surveys and interviews involving children are never Level I:
The Department of Health and Human Services assumes that adults have
the
capability to determine whether or not to participate in survey or
interview
research. However, the Department of Health and Human Services believes
that children being surveyed or interviewed by an investigator may not
be capable of recognizing that their responses to questions on
sensitive
issues could be potentially damaging to themselves or others.
Therefore,
it is appropriate that the IRB at least review such research to
determine
whether the rights and welfare of children participating as subjects
are
adequately protected and when the requirements of permission or assent
can be waived.
Why observational research involving children with investigator
participation
is never Level I: The department of Health and Human Services
believes
that children involved in observational research, with the
investigator(s)
also participating in the activities being observed, may not have the
capability
to determine whether or not to participate and therefore, IRB review of
such research is appropriate.
LEVEL II (minimal risk to human subjects):
The following types of research may be classified as Level
II if the research is no more than minimal risk. Level
II status must be granted by the IRB Chair/Expediter.
- Existing Data: Research involving materials (data,
documents, records,
or specimens) that have been collected, or will be collected solely for
nonresearch purposes (such as medical treatment or diagnosis).
- Behavior: Research on 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 research employing survey, interview, oral history, focus
group, program evaluation, human factors evaluation, or quality
assurance
methodologies. In these cases the investigator does not manipulate
subjects'
behavior and the research will not involve stress to subjects.
- Exercise: Moderate exercise by healthy volunteers.
- Drugs: Clinical studies of drugs and medical devices
only
when either
of the following conditions are met.
- Research on drugs for which an investigational new drug
application (21
CFR Part 312) is not required. (Note: Research on marketed drugs that
significantly
increases the risks or decreases the acceptability of the risks
associated
with the use of the product is not eligible for expedited review).
- Research on medical devices for which:
- An investigational device exemption application (21 CFR
Part 812) is
not
required
- The medical device is cleared/approved for marketing and
the medical
device
is being used in accordance with its cleared/approved labeling.
- Voice Recordings: Collection of data from voice,
video,
digital,
or image recordings made for research purposes.
- Blood Samples: Collection of blood samples by finger
stick, heel
stick, ear stick, or venipuncture as follows:
- From healthy, nonpregnant adults who weigh at least 110
pounds. For
these
subjects, the amounts drawn may not exceed 550 ml in an 8 week period
and
collection may not occur more frequently than 2 times per week; or
- From other adults and children, considering the age, weight,
and health
of the subjects, the collection procedure, the amount of blood to be
collected,
and the frequency with which it will be collected. For these subjects,
the amount drawn may not exceed the lesser of 50 ml or 3 ml per kg in
an
8 week period and collection may not occur more frequently than 2 times
per week.
- Noninvasive Procedures: Collection of data from
subjects
18 years
of age and older through noninvasive procedures (not involving general
anesthesia or sedation) routinely employed in clinical practice,
excluding
procedures involving x-rays or microwaves. Where medical devices are
employed,
they must be cleared/approved for marketing. (Studies intended to
evaluate
the safety and effectiveness of the medical device are not generally
eligible
for expedited review, including studies of cleared medical devices for
new indications.) Examples:
- Physical sensors that are applied either to the surface of
the body or
at a distance and do not involve input of significant amounts of energy
into the subject or an invasion of the subject's privacy
- Weighing or testing sensory acuity
- Magnetic resonance imaging
- Electrocardiography, electroencephalography, thermography,
detection of
naturally occurring radioactivity, electroretinography, ultrasound,
diagnostic
infrared imaging, doppler blood flow, and echocardiography
- Moderate exercise, muscular strength testing, body
composition
assessment,
and flexibility testing where appropriate given the age, weight, and
health
of the individual.
- Biological Specimens: Prospective collection of
biological
specimens
for research purposes by noninvasive means. Examples:
- Hair and nail clippings in a nondisfiguring manner
- Deciduous teeth at time of exfoliation or if routine patient
care
indicates
a need for extraction
- Permanent teeth if routine patient care indicates a need for
extraction
- Excreta and external secretions (including sweat)
- Uncannulated saliva collected either in an unstimulated
fashion or
stimulated
by chewing gumbase or wax or by applying a dilute citric solution to
the
tongue
- Placenta removed at delivery
- Amniotic fluid obtained at the time of rupture of the
membrane prior to
or during labor
- Supra- and subgingival dental plaque and calculus, provided
the
collection
procedure is not more invasive than routine prophylactic scaling of the
teeth and the process is accomplished in accordance with accepted
prophylactic
techniques
- Mucosal and skin cells collected by buccal scraping or swab,
skin swab,
or mouth washings
- Sputum collected after saline mist nebulization.
The IRB can approve research
with children as Level II (minimal risk) only if adequate
provisions
are made for soliciting assent of the children and the permission of
their
parents or guardians.
LEVEL III (possible risk to human
subjects):
The following types of research may be classified as Level
III if the research involves possible risk to human subjects. Level
III status must be granted by the IRB Chair/Expediter. For
example:
- Confidentiality: Subjects may be identifiable to
anyone other
than the researcher.
- Risk of Liability: Subjects could be at risk for
criminal
or civil liability, damage to employability or to finacial standing, or
undue embarrassment, if responses became known outside this research
project.
- Sensitve Aspects of Behavior: The research deals
with sensitive
aspects of subjects' behavior, such as illegal conduct, drug use,
sexual
behavior, or use of alcohol.
- Private Records: The research involves the
collection or study
of existing data from sources not publicly available.
- Deception: The research includes deception of
subjects.
- Children: The research deals with subjects who
are
children
under eight years of age.
- Special Populations: The research deals with
subjects who
are not-legally competent adults, prisoners, mentally disabled,
pregnant
women, physically challenged, or other special population.
- Medical Procedures: The research involves
administering drugs,
invasive tissue samples, administering nutritional supplements, giving
injections, or other medical procedures.