3701:1-58-04. Provisions for the protection of human research subjects  


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  • (A) A licensee may conduct research involving human research subjects only if it uses the radioactive materials specified on its license for the uses authorized on its license.

    (B) If the research is conducted, funded, supported, or regulated by a federal agency that has implemented the federal policy for the protection of human subjects as specified in 45 C.F.R. Part 46, as published in the October 1, 2013, Code of Federal Regulations, the licensee shall, before conducting research:

    (1) Obtain review and approval of the research from an "institutional review board," as defined and described in the federal policy; and

    (2) Obtain "informed consent," as defined and described in the federal policy, from the human research subject.

    (C) If the research will not be conducted, funded, supported, or regulated by a federal agency that has implemented the federal policy, the licensee shall, before conducting research, apply for and receive a specific amendment to its medical use license. The amendment request must include a written commitment that the licensee will, before conducting research:

    (1) Obtain review and approval of the research from an "institutional review board," as defined and described in the federal policy, and approved by the office of human research protection; and

    (2) Obtain "informed consent," as defined and described in the federal policy, from the human research subject.

    (D) Nothing in this rule relieves licensees from complying with the other requirements in this chapter.


Effective: 8/10/2015
Five Year Review (FYR) Dates: 05/26/2015 and 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 3748.02, 3748.04
Rule Amplifies: 3748.04
Prior Effective Dates: 8/15/2005, 10/4/10