32.1-162.17 - Exemptions. - Virginia Statutes

§ 32.1-162.17. Exemptions.

The following categories of human research are exempt from the provisions ofthis chapter:

1. Activities of the Virginia Department of Health conducted pursuant to §32.1-39;

2. Research or student learning outcomes assessments conducted in educationalsettings involving regular or special education instructional strategies, theeffectiveness of or the comparison among instructional techniques, curricula,or classroom management methods, or the use of educational tests, whethercognitive, diagnostic, aptitude, or achievement, if the data from such testsare recorded in a manner so that subjects cannot be identified, directly orthrough identifiers linked to the subjects;

3. Research involving survey or interview procedures unless responses arerecorded in such a manner that the subjects can be identified, directly orthrough identifiers linked to the subjects, and either (i) the subject'sresponses, if they became known outside the research, could reasonably placethe subject at risk of criminal or civil liability or be damaging to thesubject's financial standing or employability or (ii) the research deals withsensitive aspects of the subject's own behavior, such as sexual behavior,drug or alcohol use, or illegal conduct;

4. Research involving survey or interview procedures, when the respondentsare elected or appointed public officials or candidates for public office;

5. Research involving solely the observation of public behavior, includingobservation by participants, unless observations are recorded in such amanner that the subjects can be identified, directly or through identifierslinked to the subjects, and either (i) the observations recorded about theindividual, if they became known outside the research, could reasonably placethe subject at risk of criminal or civil liability or be damaging to thesubject's financial standing or employability or (ii) the research deals withsensitive aspects of the subject's own behavior, such as sexual behavior,drug or alcohol use, or illegal conduct; and

6. Research involving the collection or study of existing data, documents,records, pathological specimens, or diagnostic specimens, if these sourcesare publicly available or if the information is recorded by the investigatorin a manner so that subjects cannot be identified, directly or throughidentifiers linked to the subjects.

(1992, c. 603.)