79C3C34C52B45572883A05D425EB0F82
DHS Directive 026-04, Human Subjects Research
https://leaux.net/URLS/General/mgmt-directive-026-04-protection-of-human-subjects.pdf
http://leaux.net/URLS/ConvertAPI Text Files/14288FAEA78D0FCE3CC3A606199CD955.en.txt
Examining the file media/Synopses/14288FAEA78D0FCE3CC3A606199CD955.html:
This file was generated: 2020-12-01 05:20:55
Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / Criminal Convictions
Searching for indicator prisoners:
(return to top)
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
p.(None): B. Components: All the entities that directly report to the Office of the Secretary, which includes the
p.(None): Secretary and his or her staff, Counselors and their staff, Deputy Secretary and his or her staff, and Chief of Staff
p.(None): and his or her staff.
p.(None):
p.(None): C. Common Rule: The regulation adopted by multiple Federal Agencies for the protection of human subjects in
...
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
p.(None): thereof will be referred immediately to the next higher management level, and the OGC, CMO, and HSPO to resolve. No
...
Political / vulnerable
Searching for indicator vulnerable:
(return to top)
p.(None): Components are not expected to constitute their own IRBs given the highly technical nature of membership and detailed
p.(None): record keeping requirements; however, any referrals to outside IRBs shall be coordinated with the HSPO.
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
...
Health / Pregnant
Searching for indicator pregnant:
(return to top)
p.(None): subjects in research. In particular, this MD adopts the Department of Health and Human Services (HHS) policies and
p.(None): procedures set forth in 45 Code of Federal Regulations (CFR) Part 46, Subparts A-D. Subpart A of 45 CFR Part 46 is
p.(None): HHS’ codification of the Federal Policy for the Protection of Human Subjects (also known as The Common Rule) which
p.(None): represents the basic foundation for the protection of human subjects in most research conducted or supported by U.S.
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
...
p.(None): Components are not expected to constitute their own IRBs given the highly technical nature of membership and detailed
p.(None): record keeping requirements; however, any referrals to outside IRBs shall be coordinated with the HSPO.
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
...
Social / Child
Searching for indicator children:
(return to top)
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
p.(None): B. Components: All the entities that directly report to the Office of the Secretary, which includes the
p.(None): Secretary and his or her staff, Counselors and their staff, Deputy Secretary and his or her staff, and Chief of Staff
p.(None): and his or her staff.
p.(None):
p.(None): C. Common Rule: The regulation adopted by multiple Federal Agencies for the protection of human subjects in
p.(None): research. The HHS implementation of the Common Rule is at 45 CFR Part 46, Subpart A.
p.(None):
...
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
p.(None): thereof will be referred immediately to the next higher management level, and the OGC, CMO, and HSPO to resolve. No
p.(None): action, administrative or disciplinary, will be taken against a person for the act of reporting any such noncompliance.
p.(None):
...
Social / Fetus/Neonate
Searching for indicator fetuses:
(return to top)
p.(None): procedures set forth in 45 Code of Federal Regulations (CFR) Part 46, Subparts A-D. Subpart A of 45 CFR Part 46 is
p.(None): HHS’ codification of the Federal Policy for the Protection of Human Subjects (also known as The Common Rule) which
p.(None): represents the basic foundation for the protection of human subjects in most research conducted or supported by U.S.
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
...
p.(None): record keeping requirements; however, any referrals to outside IRBs shall be coordinated with the HSPO.
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
...
Searching for indicator neonates:
(return to top)
p.(None): HHS’ codification of the Federal Policy for the Protection of Human Subjects (also known as The Common Rule) which
p.(None): represents the basic foundation for the protection of human subjects in most research conducted or supported by U.S.
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
p.(None): B. Components: All the entities that directly report to the Office of the Secretary, which includes the
...
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
p.(None): thereof will be referred immediately to the next higher management level, and the OGC, CMO, and HSPO to resolve. No
...
Social / Police Officer
Searching for indicator officer:
(return to top)
p.(None):
p.(None): V. Responsibilities
p.(None): A. The Secretary of DHS (the Secretary) exercises ultimate authority and responsibility for DHS with respect to
p.(None): ensuring the safety and protection of human subjects in research conducted or sponsored by DHS.
p.(None): - 3 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None):
p.(None): B. The Under Secretary for Science and Technology is designated by the Secretary as the DHS Human Subjects
p.(None): Protection Official (HSPO) and has the authority to fulfill the Secretary’s objectives by ensuring that DHS fully
p.(None): understands, implements, and complies with both the letter and spirit of The Common Rule, any other applicable
p.(None): statutory requirements, and the related regulatory mandates to protect human subjects involved in research conducted
p.(None): or supported by DHS. To this end, HSPO may delegate specific authority to train for, monitor, and oversee human use
p.(None): compliance within DHS to activities and offices within the Science and Technology Directorate.
p.(None):
p.(None): 1. In exercising the authority delegated from the Secretary, the HSPO will establish executive oversight. To do
p.(None): so the HSPO will:
p.(None):
p.(None): a. Closely coordinate all programmatic activities with the Chief Medical Officer (CMO) to ensure that all
p.(None): oversight of research involving human subjects incorporates the highest medical and ethical standards.
p.(None):
p.(None): b. Ensure that the Heads of Components incorporate the provisions of this MD into their policies, procedures,
p.(None): and programs that involve the use of human subjects in research as defined herein.
p.(None):
p.(None): c. Exercise any authority for DHS with respect to any requirements of 45 CFR Part 46, Subparts B-D that would
p.(None): require any action by an official of HHS.
p.(None):
p.(None): d. Approve any further DHS-wide policy, procedure, or guidance to ensure the safety and protection of human
p.(None): subjects used in DHS research.
p.(None):
p.(None): e. Develop procedures and standards for the prevention of research misconduct in DHS that are consistent with
p.(None): Federal Policy on Research Misconduct.
p.(None):
p.(None): f. Closely coordinate all programmatic procedures and policies with the Officers for Privacy and Civil Rights
p.(None): and Civil Liberties to ensure that all oversight of research involving human subjects incorporates civil rights and
p.(None): civil liberties protections.
p.(None):
p.(None): g. Consider recommendations for additional plans, policies, and actions with regard to reported issues of
p.(None): research-related injuries and serious noncompliance with this MD and take action as deemed appropriate.
p.(None):
p.(None):
p.(None): - 4 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): h. Designate a permanent DHS representative to the Interdepartmental Human Subjects Research Subcommittee of the
p.(None): Committee of Science, National Science and Technology Council.
p.(None):
...
Social / Student
Searching for indicator student:
(return to top)
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
p.(None): B. Components: All the entities that directly report to the Office of the Secretary, which includes the
p.(None): Secretary and his or her staff, Counselors and their staff, Deputy Secretary and his or her staff, and Chief of Staff
p.(None): and his or her staff.
p.(None):
p.(None): C. Common Rule: The regulation adopted by multiple Federal Agencies for the protection of human subjects in
p.(None): research. The HHS implementation of the Common Rule is at 45 CFR Part 46, Subpart A.
p.(None):
p.(None): D. Extramural Research: DHS-managed or -funded research that is conducted at non-DHS sites by non-DHS
p.(None): investigators.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 2 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): E. Human Subject: A living individual about whom an investigator (whether professional or student) conducting
p.(None): research obtains data through intervention or interaction with the individual, or identifiable private information.
p.(None): Intervention includes both physical procedures by which data are gathered (for example, venipuncture) and manipulations
p.(None): of the subject or the subject’s environment that are performed for research purposes. Interaction includes
p.(None): communication or interpersonal contact between investigator and subject. “Private information” includes information
p.(None): about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording
p.(None): is taking place and information which has been provided for specific purposes by an individual and which the individual
p.(None): can reasonably expect will not be made public (for example, a medical record). Private information must be
p.(None): individually identifiable (i.e., the identity of the subject is or may readily be ascertained by the investigator or
p.(None): associated with the information) in order to obtain the information to constitute research involving human subjects.
p.(None):
p.(None): F. Intramural Research: Research that is conducted at DHS sites or is conducted by DHS personnel.
p.(None):
p.(None): G. Institutional Review Board (IRB): An IRB established in accord with and for the purposes expressed in The
p.(None): Common Rule.
p.(None):
p.(None): H. IRB Approval: The determination of the IRB that the research has been reviewed and may be conducted at an
p.(None): institution within the constraints set forth by the IRB and by any other institutional and federal requirements.
p.(None):
p.(None): I. Research: A systematic investigation, including research, development, testing, and evaluation, designed to
...
Social / Women
Searching for indicator women:
(return to top)
p.(None): procedures set forth in 45 Code of Federal Regulations (CFR) Part 46, Subparts A-D. Subpart A of 45 CFR Part 46 is
p.(None): HHS’ codification of the Federal Policy for the Protection of Human Subjects (also known as The Common Rule) which
p.(None): represents the basic foundation for the protection of human subjects in most research conducted or supported by U.S.
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
...
p.(None): Components are not expected to constitute their own IRBs given the highly technical nature of membership and detailed
p.(None): record keeping requirements; however, any referrals to outside IRBs shall be coordinated with the HSPO.
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
...
Social / employees
Searching for indicator employees:
(return to top)
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
p.(None): thereof will be referred immediately to the next higher management level, and the OGC, CMO, and HSPO to resolve. No
p.(None): action, administrative or disciplinary, will be taken against a person for the act of reporting any such noncompliance.
p.(None):
p.(None): 10. Human subjects research conducted outside the United States, including that performed or jointly sponsored by
p.(None): a foreign government, will comply with U.S. regulatory and legal standards and requirements, unless the standards of
p.(None): the host country are more stringent. All such human subjects research will be cleared in advance by the HSPO, CMO, and
p.(None): OGC.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 8 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): B. Procedures.
p.(None):
p.(None): All officials and employees shall conduct themselves in accordance with the responsibilities set forth in Section V as
p.(None): well as with any subsequently developed and properly approved policy, procedure, or guidance to ensure the safety and
p.(None): protection of human subjects used in DHS research.
p.(None):
p.(None): VII. Questions
p.(None): Any questions or concerns regarding this MD should be addressed to the Under Secretary for S&T.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 9 -
p.(None):
p.(None): MD # 026-04
...
General/Other / Relationship to Authority
Searching for indicator authority:
(return to top)
p.(None):
p.(None): G. Institutional Review Board (IRB): An IRB established in accord with and for the purposes expressed in The
p.(None): Common Rule.
p.(None):
p.(None): H. IRB Approval: The determination of the IRB that the research has been reviewed and may be conducted at an
p.(None): institution within the constraints set forth by the IRB and by any other institutional and federal requirements.
p.(None):
p.(None): I. Research: A systematic investigation, including research, development, testing, and evaluation, designed to
p.(None): develop or contribute to general knowledge. Activities, which meet this definition, constitute research for purposes of
p.(None): this policy, whether or not they are conducted or supported under a program, which is considered research for other
p.(None): purposes. For example, some demonstration and service programs may include research activities.
p.(None):
p.(None): J. U.S. Department of Health and Human Services, Office for Human Research Protections: OHRP provides
p.(None): leadership and oversight on all matters related to the protection of human subjects in research conducted or supported
p.(None): by HHS. OHRP helps ensure that such research is carried out in accordance with the highest ethical standards in an
p.(None): environment where all who are involved in the conduct or oversight of human subjects research understand their primary
p.(None): responsibility for protecting the rights, welfare, and well-being of subjects.
p.(None):
p.(None): V. Responsibilities
p.(None): A. The Secretary of DHS (the Secretary) exercises ultimate authority and responsibility for DHS with respect to
p.(None): ensuring the safety and protection of human subjects in research conducted or sponsored by DHS.
p.(None): - 3 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None):
p.(None): B. The Under Secretary for Science and Technology is designated by the Secretary as the DHS Human Subjects
p.(None): Protection Official (HSPO) and has the authority to fulfill the Secretary’s objectives by ensuring that DHS fully
p.(None): understands, implements, and complies with both the letter and spirit of The Common Rule, any other applicable
p.(None): statutory requirements, and the related regulatory mandates to protect human subjects involved in research conducted
p.(None): or supported by DHS. To this end, HSPO may delegate specific authority to train for, monitor, and oversee human use
p.(None): compliance within DHS to activities and offices within the Science and Technology Directorate.
p.(None):
p.(None): 1. In exercising the authority delegated from the Secretary, the HSPO will establish executive oversight. To do
p.(None): so the HSPO will:
p.(None):
p.(None): a. Closely coordinate all programmatic activities with the Chief Medical Officer (CMO) to ensure that all
p.(None): oversight of research involving human subjects incorporates the highest medical and ethical standards.
p.(None):
p.(None): b. Ensure that the Heads of Components incorporate the provisions of this MD into their policies, procedures,
p.(None): and programs that involve the use of human subjects in research as defined herein.
p.(None):
p.(None): c. Exercise any authority for DHS with respect to any requirements of 45 CFR Part 46, Subparts B-D that would
p.(None): require any action by an official of HHS.
p.(None):
p.(None): d. Approve any further DHS-wide policy, procedure, or guidance to ensure the safety and protection of human
p.(None): subjects used in DHS research.
p.(None):
p.(None): e. Develop procedures and standards for the prevention of research misconduct in DHS that are consistent with
p.(None): Federal Policy on Research Misconduct.
p.(None):
p.(None): f. Closely coordinate all programmatic procedures and policies with the Officers for Privacy and Civil Rights
p.(None): and Civil Liberties to ensure that all oversight of research involving human subjects incorporates civil rights and
p.(None): civil liberties protections.
p.(None):
p.(None): g. Consider recommendations for additional plans, policies, and actions with regard to reported issues of
p.(None): research-related injuries and serious noncompliance with this MD and take action as deemed appropriate.
p.(None):
p.(None):
p.(None): - 4 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): h. Designate a permanent DHS representative to the Interdepartmental Human Subjects Research Subcommittee of the
p.(None): Committee of Science, National Science and Technology Council.
p.(None):
p.(None): i. Support budget requests to meet the requirements of this MD.
p.(None):
p.(None): 2. To ensure operational compliance the HSPO will:
p.(None):
p.(None): a. Develop training and training guidance, as needed, to enable the consistent and effective application of
p.(None): human subjects protection policy DHS-wide and conduct such training for DHS.
p.(None):
...
p.(None): and implements this MD, The Common Rule, any other applicable statutory requirements, and the related regulatory
p.(None): mandates to protect human subjects involved in research conducted or supported by DHS. The CMO will:
p.(None):
p.(None): 1. Assist in establishing agency-wide policies and procedures to ensure effective implementation of The Common
p.(None): Rule for DHS sponsored human subjects research and prior to implementation, review any policy, procedure, or guidance
p.(None): concerning the safety and protection of human subjects used in DHS research.
p.(None):
p.(None): 2. Be responsible along with the OGC for conducting oversight of the policies and procedures of both internal
p.(None): and external IRBs that review human subjects research conducted or funded by DHS.
p.(None):
p.(None): 3. Support along with the OGC the participation of DHS in the Interdepartmental Human Subjects Research
p.(None): Subcommittee of the Committee of Science, National Science and Technology Council, and other affiliated bodies and any
p.(None): other group pertaining to human subjects research.
p.(None):
p.(None): 4. Coordinate the medical response to any research-related injuries or unanticipated problems that involve risks
p.(None): to human subjects.
p.(None):
p.(None): E. Components will ensure that all human subjects research they conduct or sponsor complies with this MD, The
p.(None): Common Rule, any other applicable statutory requirements, and the related regulatory mandates. In exercising this
p.(None): authority, each Component will:
p.(None):
p.(None): 1. Establish, as needed, any further organization-wide policy, procedure, or guidance to ensure the safety and
p.(None): protection of human subjects used in DHS research and submit such policies, procedures, or guidance through the CMO to
p.(None): the HSPO for approval.
p.(None):
p.(None):
p.(None): 2. Monitor compliance with the provisions of this MD.
p.(None): - 6 -
p.(None):
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None):
p.(None): 3. Prepare all required documentation to gain a federal wide assurance and submit it to OHRP for approval.
p.(None):
p.(None): 4. Provide approved Assurance documentation to the HSPO and upon request provide data on all human subjects
p.(None): research to the HSPO.
p.(None):
p.(None): 5. Ensure that all assigned personnel involved in the conduct or sponsorship of human subjects research are
p.(None): fully trained to ensure the protection of said subjects in accordance with the provisions of this MD.
p.(None):
p.(None): 6. Ensure and document that all extramural research involving human subjects research under contracts, grants,
p.(None): cooperative agreements, CRADAs, Other Transaction agreements, and other arrangements is conducted under an assurance of
p.(None): compliance and reviewed by a properly constituted IRB.
p.(None):
p.(None): 7. Ensure that an accredited IRB reviews all research involving human subjects as required by The Common Rule.
p.(None): Components are not expected to constitute their own IRBs given the highly technical nature of membership and detailed
...
General/Other / common rule
Searching for indicator 45XcfrX46:
(return to top)
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
p.(None):
p.(None): 8. All DHS personnel involved in the conduct, review, or approval of human subjects research will be made aware
p.(None): of the human subjects protection requirements that are commensurate with their duties in the process and compatible
p.(None): with OHRP policies.
p.(None):
p.(None): 9. Issues related to research-related injuries and noncompliance with this MD from any Component or activity
p.(None): thereof will be referred immediately to the next higher management level, and the OGC, CMO, and HSPO to resolve. No
p.(None): action, administrative or disciplinary, will be taken against a person for the act of reporting any such noncompliance.
p.(None):
p.(None): 10. Human subjects research conducted outside the United States, including that performed or jointly sponsored by
p.(None): a foreign government, will comply with U.S. regulatory and legal standards and requirements, unless the standards of
p.(None): the host country are more stringent. All such human subjects research will be cleared in advance by the HSPO, CMO, and
p.(None): OGC.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 8 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): B. Procedures.
p.(None):
...
Searching for indicator commonXrule:
(return to top)
p.(None): Department of Homeland Security DHS Directives System
p.(None): MD Number: 026-04
p.(None): Revision Number: 00
p.(None): Issue Date: 05/25/2007
p.(None): PROTECTION OF HUMAN
p.(None): SUBJECTS
p.(None): I. Purpose
p.(None): This Management Directive (MD) establishes the Department of Homeland Security (DHS) policy for the protection of human
p.(None): subjects in research. In particular, this MD adopts the Department of Health and Human Services (HHS) policies and
p.(None): procedures set forth in 45 Code of Federal Regulations (CFR) Part 46, Subparts A-D. Subpart A of 45 CFR Part 46 is
p.(None): HHS’ codification of the Federal Policy for the Protection of Human Subjects (also known as The Common Rule) which
p.(None): represents the basic foundation for the protection of human subjects in most research conducted or supported by U.S.
p.(None): Federal departments and agencies.
p.(None):
p.(None): II. Scope
p.(None): This MD applies to all research involving human subjects conducted by any Component, i.e., intramural research, or
p.(None): research sponsored by any Component through a contract, grant, cooperative agreement, cooperative research and
p.(None): development agreement (CRADA), Other Transaction agreement, or other arrangement, i.e., extramural research.
p.(None):
p.(None): III. Authorities
p.(None): A. Public Law 103-43, “National Institutes of Health Revitalization Act of 1993”
p.(None):
p.(None): B. Public Law 108-458, “Intelligence Reform and Terrorism Prevention Act of 2004”
p.(None):
p.(None): C. Title 42, U.S.C., Sections 289g – 289g-2, “Fetal Research, Research on Transplantation of Fetal Tissue, and
p.(None): Prohibitions Regarding Human Fetal Tissue”
p.(None):
p.(None): D. Title 45, CFR, Part 46, Subpart A, “Basic HHS Policy for Protection of Human Research Subjects (The Common
p.(None): Rule)”
p.(None):
p.(None): E. Title 45, CFR, Part 46, Subpart B, “Additional Protections for Pregnant Women, Human Fetuses, and Neonates
p.(None): Involved in Research”
p.(None):
p.(None): - 1 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): F. Title 45, CFR, Part 46, Subpart C, “Additional Protections Pertaining to Biomedical and Behavioral Research
p.(None): Involving Prisoners as Subjects”
p.(None):
p.(None): G. Title 45, CFR, Part 46, Subpart D, “Additional Protections for Children Involved as Subjects in Research”
p.(None):
p.(None): H. Federal Register (December 6, 2000), Volume 65, Number 235, Pages 76260-76264, “Federal Policy on Research
p.(None): Misconduct, Office of Science and Technology Policy”
p.(None):
p.(None): IV. Definitions
p.(None): Unless otherwise defined herein, definitions of words and phrases in 45 CFR Part 46 apply to this MD:
p.(None):
p.(None): A. Assurance: A written document provided by an institution engaged in research involving human subjects that is
p.(None): conducted or sponsored by a Federal department or agency that has adopted The Common Rule. Through this document, an
p.(None): institution assures the relevant department or agency head that it will comply with the requirements set forth in The
p.(None): Common Rule. For DHS- conducted or -sponsored research, in lieu of requiring submission of an Assurance to DHS, DHS
p.(None): will accept the existence of an Assurance approved for federal wide use (i.e., available to all federal agencies) by
p.(None): the Office for Human Research Protections (OHRP).
p.(None):
p.(None): B. Components: All the entities that directly report to the Office of the Secretary, which includes the
p.(None): Secretary and his or her staff, Counselors and their staff, Deputy Secretary and his or her staff, and Chief of Staff
p.(None): and his or her staff.
p.(None):
p.(None): C. Common Rule: The regulation adopted by multiple Federal Agencies for the protection of human subjects in
p.(None): research. The HHS implementation of the Common Rule is at 45 CFR Part 46, Subpart A.
p.(None):
p.(None): D. Extramural Research: DHS-managed or -funded research that is conducted at non-DHS sites by non-DHS
p.(None): investigators.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 2 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): E. Human Subject: A living individual about whom an investigator (whether professional or student) conducting
p.(None): research obtains data through intervention or interaction with the individual, or identifiable private information.
p.(None): Intervention includes both physical procedures by which data are gathered (for example, venipuncture) and manipulations
p.(None): of the subject or the subject’s environment that are performed for research purposes. Interaction includes
p.(None): communication or interpersonal contact between investigator and subject. “Private information” includes information
p.(None): about behavior that occurs in a context in which an individual can reasonably expect that no observation or recording
p.(None): is taking place and information which has been provided for specific purposes by an individual and which the individual
p.(None): can reasonably expect will not be made public (for example, a medical record). Private information must be
p.(None): individually identifiable (i.e., the identity of the subject is or may readily be ascertained by the investigator or
p.(None): associated with the information) in order to obtain the information to constitute research involving human subjects.
p.(None):
p.(None): F. Intramural Research: Research that is conducted at DHS sites or is conducted by DHS personnel.
p.(None):
p.(None): G. Institutional Review Board (IRB): An IRB established in accord with and for the purposes expressed in The
p.(None): Common Rule.
p.(None):
p.(None): H. IRB Approval: The determination of the IRB that the research has been reviewed and may be conducted at an
p.(None): institution within the constraints set forth by the IRB and by any other institutional and federal requirements.
p.(None):
p.(None): I. Research: A systematic investigation, including research, development, testing, and evaluation, designed to
p.(None): develop or contribute to general knowledge. Activities, which meet this definition, constitute research for purposes of
p.(None): this policy, whether or not they are conducted or supported under a program, which is considered research for other
p.(None): purposes. For example, some demonstration and service programs may include research activities.
p.(None):
p.(None): J. U.S. Department of Health and Human Services, Office for Human Research Protections: OHRP provides
p.(None): leadership and oversight on all matters related to the protection of human subjects in research conducted or supported
p.(None): by HHS. OHRP helps ensure that such research is carried out in accordance with the highest ethical standards in an
p.(None): environment where all who are involved in the conduct or oversight of human subjects research understand their primary
p.(None): responsibility for protecting the rights, welfare, and well-being of subjects.
p.(None):
p.(None): V. Responsibilities
p.(None): A. The Secretary of DHS (the Secretary) exercises ultimate authority and responsibility for DHS with respect to
p.(None): ensuring the safety and protection of human subjects in research conducted or sponsored by DHS.
p.(None): - 3 -
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None):
p.(None): B. The Under Secretary for Science and Technology is designated by the Secretary as the DHS Human Subjects
p.(None): Protection Official (HSPO) and has the authority to fulfill the Secretary’s objectives by ensuring that DHS fully
p.(None): understands, implements, and complies with both the letter and spirit of The Common Rule, any other applicable
p.(None): statutory requirements, and the related regulatory mandates to protect human subjects involved in research conducted
p.(None): or supported by DHS. To this end, HSPO may delegate specific authority to train for, monitor, and oversee human use
p.(None): compliance within DHS to activities and offices within the Science and Technology Directorate.
p.(None):
p.(None): 1. In exercising the authority delegated from the Secretary, the HSPO will establish executive oversight. To do
p.(None): so the HSPO will:
p.(None):
p.(None): a. Closely coordinate all programmatic activities with the Chief Medical Officer (CMO) to ensure that all
p.(None): oversight of research involving human subjects incorporates the highest medical and ethical standards.
p.(None):
p.(None): b. Ensure that the Heads of Components incorporate the provisions of this MD into their policies, procedures,
p.(None): and programs that involve the use of human subjects in research as defined herein.
p.(None):
p.(None): c. Exercise any authority for DHS with respect to any requirements of 45 CFR Part 46, Subparts B-D that would
p.(None): require any action by an official of HHS.
p.(None):
p.(None): d. Approve any further DHS-wide policy, procedure, or guidance to ensure the safety and protection of human
p.(None): subjects used in DHS research.
p.(None):
p.(None): e. Develop procedures and standards for the prevention of research misconduct in DHS that are consistent with
p.(None): Federal Policy on Research Misconduct.
p.(None):
...
p.(None): serious non- compliance with this MD.
p.(None):
p.(None): f. Act as the DHS point of contact for the coordination and response to external requests concerning the
p.(None): conduct and support of human subjects research by DHS.
p.(None):
p.(None): g. Work with the Privacy Office to develop procedures associated with human subjects research to ensure that
p.(None): individual privacy interests are fully respected.
p.(None):
p.(None): C. Office of the General Counsel (OGC) (primarily through counsel at Science and Technology) will:
p.(None):
p.(None): 1. Conduct legal reviews of all DHS activities, including activities conducted under contracts, grants, and
p.(None): cooperative agreements, CRADAs, and Other Transaction agreements, to ensure compliance with applicable federal laws and
p.(None): regulations pertaining to human subjects research.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 5 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 2. Support along with the CMO the participation of DHS in the Interdepartmental Human Subjects Research
p.(None): Subcommittee of the Committee of Science, National Science and Technology Council, and other affiliated bodies and any
p.(None): other group pertaining to human subjects research.
p.(None):
p.(None): 3. Be responsible along with the CMO for conducting oversight of the policies and procedures of both internal
p.(None): and external IRBs that review human subjects research conducted or funded by DHS.
p.(None):
p.(None): D. The CMO has general responsibility to support the HSPO in the effort to ensure that the DHS fully understands
p.(None): and implements this MD, The Common Rule, any other applicable statutory requirements, and the related regulatory
p.(None): mandates to protect human subjects involved in research conducted or supported by DHS. The CMO will:
p.(None):
p.(None): 1. Assist in establishing agency-wide policies and procedures to ensure effective implementation of The Common
p.(None): Rule for DHS sponsored human subjects research and prior to implementation, review any policy, procedure, or guidance
p.(None): concerning the safety and protection of human subjects used in DHS research.
p.(None):
p.(None): 2. Be responsible along with the OGC for conducting oversight of the policies and procedures of both internal
p.(None): and external IRBs that review human subjects research conducted or funded by DHS.
p.(None):
p.(None): 3. Support along with the OGC the participation of DHS in the Interdepartmental Human Subjects Research
p.(None): Subcommittee of the Committee of Science, National Science and Technology Council, and other affiliated bodies and any
p.(None): other group pertaining to human subjects research.
p.(None):
p.(None): 4. Coordinate the medical response to any research-related injuries or unanticipated problems that involve risks
p.(None): to human subjects.
p.(None):
p.(None): E. Components will ensure that all human subjects research they conduct or sponsor complies with this MD, The
p.(None): Common Rule, any other applicable statutory requirements, and the related regulatory mandates. In exercising this
p.(None): authority, each Component will:
p.(None):
p.(None): 1. Establish, as needed, any further organization-wide policy, procedure, or guidance to ensure the safety and
p.(None): protection of human subjects used in DHS research and submit such policies, procedures, or guidance through the CMO to
p.(None): the HSPO for approval.
p.(None):
p.(None):
p.(None): 2. Monitor compliance with the provisions of this MD.
p.(None): - 6 -
p.(None):
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None):
p.(None): 3. Prepare all required documentation to gain a federal wide assurance and submit it to OHRP for approval.
p.(None):
p.(None): 4. Provide approved Assurance documentation to the HSPO and upon request provide data on all human subjects
p.(None): research to the HSPO.
p.(None):
p.(None): 5. Ensure that all assigned personnel involved in the conduct or sponsorship of human subjects research are
p.(None): fully trained to ensure the protection of said subjects in accordance with the provisions of this MD.
p.(None):
p.(None): 6. Ensure and document that all extramural research involving human subjects research under contracts, grants,
p.(None): cooperative agreements, CRADAs, Other Transaction agreements, and other arrangements is conducted under an assurance of
p.(None): compliance and reviewed by a properly constituted IRB.
p.(None):
p.(None): 7. Ensure that an accredited IRB reviews all research involving human subjects as required by The Common Rule.
p.(None): Components are not expected to constitute their own IRBs given the highly technical nature of membership and detailed
p.(None): record keeping requirements; however, any referrals to outside IRBs shall be coordinated with the HSPO.
p.(None):
p.(None): 8. Ensure that any issues of research-related injuries and serious noncompliance with this MD within the
p.(None): Component are reported to the CMO and HSPO.
p.(None):
p.(None): 9, Forward all external requests concerning the conduct and support of human subjects research through the CMO
p.(None): to the HSPO for coordination and response.
p.(None):
p.(None): VI. Policy & Procedures
p.(None): A. Policy.
p.(None):
p.(None): 1. In research conducted or supported by DHS, the safety and protection of human subjects are paramount concerns
p.(None): that are founded on the basic ethical principles of respect for persons, beneficence, and justice. These
p.(None): considerations will also apply to research that involves the experimental or prototype testing of detection or similar
p.(None): equipment in which humans may pass through some type of energy field.
p.(None):
p.(None): 2. All research involving human subjects conducted or supported by DHS shall comply with the requirements of The
p.(None): Common Rule at 45 CFR Part 46, Subpart A.
p.(None):
p.(None):
p.(None): - 7 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 3. All research conducted or supported by DHS involving vulnerable classes of subjects including pregnant women,
p.(None): human fetuses, neonates, prisoners, and children will comply with the provisions of 45 CFR Part 46, Subparts B, C, and
p.(None): D.
p.(None):
p.(None): 4. All human subjects research (not otherwise exempt) conducted or supported by DHS will be accomplished under
p.(None): an Assurance of compliance approved for federal wide use by OHRP.
p.(None):
p.(None): 5. No research involving human subjects will be initiated until it has been reviewed and approved by an IRB
p.(None): operating under a current federal- wide assurance, unless it has been determined to be exempt under the provisions of
p.(None): 45 CFR 46.101(b) by an appropriate official, above the level of a principal investigator, at the institution engaged in
p.(None): the research.
p.(None):
p.(None): 6. Any fetal tissue research supported or conducted by DHS will comply with 42 U.S.C. 289g – 289g-2.
p.(None):
p.(None): 7. Components that conduct or support research shall ensure that the research is conducted in an ethical manner
p.(None): and will monitor and review said research in accordance with the procedures and standards established by the HSPO.
...
Orphaned Trigger Words
p.(None): subjects used in DHS research.
p.(None):
p.(None): e. Develop procedures and standards for the prevention of research misconduct in DHS that are consistent with
p.(None): Federal Policy on Research Misconduct.
p.(None):
p.(None): f. Closely coordinate all programmatic procedures and policies with the Officers for Privacy and Civil Rights
p.(None): and Civil Liberties to ensure that all oversight of research involving human subjects incorporates civil rights and
p.(None): civil liberties protections.
p.(None):
p.(None): g. Consider recommendations for additional plans, policies, and actions with regard to reported issues of
p.(None): research-related injuries and serious noncompliance with this MD and take action as deemed appropriate.
p.(None):
p.(None):
p.(None): - 4 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): h. Designate a permanent DHS representative to the Interdepartmental Human Subjects Research Subcommittee of the
p.(None): Committee of Science, National Science and Technology Council.
p.(None):
p.(None): i. Support budget requests to meet the requirements of this MD.
p.(None):
p.(None): 2. To ensure operational compliance the HSPO will:
p.(None):
p.(None): a. Develop training and training guidance, as needed, to enable the consistent and effective application of
p.(None): human subjects protection policy DHS-wide and conduct such training for DHS.
p.(None):
p.(None): b. Monitor Component compliance with the provisions of this MD, as appropriate.
p.(None):
p.(None): c. Approve any policy, procedure, or guidance concerning the safety and protection of human subjects used in DHS
p.(None): research developed by any Component prior to implementation.
p.(None):
p.(None): d. Collect and store all Assurance requests submitted by Components to and approved by the OHRP, HHS.
p.(None):
p.(None): e. Monitor remedial action, as appropriate, with regard to reported issues of research-related injuries and
p.(None): serious non- compliance with this MD.
p.(None):
p.(None): f. Act as the DHS point of contact for the coordination and response to external requests concerning the
p.(None): conduct and support of human subjects research by DHS.
p.(None):
p.(None): g. Work with the Privacy Office to develop procedures associated with human subjects research to ensure that
p.(None): individual privacy interests are fully respected.
p.(None):
p.(None): C. Office of the General Counsel (OGC) (primarily through counsel at Science and Technology) will:
p.(None):
p.(None): 1. Conduct legal reviews of all DHS activities, including activities conducted under contracts, grants, and
p.(None): cooperative agreements, CRADAs, and Other Transaction agreements, to ensure compliance with applicable federal laws and
p.(None): regulations pertaining to human subjects research.
p.(None):
p.(None):
p.(None):
p.(None):
p.(None):
p.(None): - 5 -
p.(None):
p.(None): MD # 026-04
p.(None): Revision # 00
p.(None):
p.(None): 2. Support along with the CMO the participation of DHS in the Interdepartmental Human Subjects Research
p.(None): Subcommittee of the Committee of Science, National Science and Technology Council, and other affiliated bodies and any
p.(None): other group pertaining to human subjects research.
p.(None):
p.(None): 3. Be responsible along with the CMO for conducting oversight of the policies and procedures of both internal
...
Appendix
Indicator List
Indicator | Vulnerability |
45XcfrX46 | common rule |
authority | Relationship to Authority |
children | Child |
commonXrule | common rule |
employees | employees |
fetuses | Fetus/Neonate |
neonates | Fetus/Neonate |
officer | Police Officer |
pregnant | Pregnant |
prisoners | Criminal Convictions |
student | Student |
vulnerable | vulnerable |
women | Women |
Indicator Peers (Indicators in Same Vulnerability)
Indicator | Peers |
45XcfrX46 | ['commonXrule'] |
commonXrule | ['45XcfrX46'] |
fetuses | ['neonates'] |
neonates | ['fetuses'] |
Trigger Words
justice
protect
protection
welfare
Applicable Type / Vulnerability / Indicator Overlay for this Input