Alteration or Waiver of Elements of Informed Consent
Under certain circumstances, the IRB may approve a consent process that does not include, or that alters, some or all of the elements of informed consent, or may waive the requirement to obtain informed consent, provided the IRB finds and documents that all of the following requirements apply:
- The research involves no more than minimal risk to the subjects;
- The waiver or alteration will not adversely affect the rights and welfare of the subjects;
- The research could not practicably be carried out without the waiver or alteration; and
- Whenever appropriate, the subjects will be provided with additional pertinent information after participation.
Requests for alterations in, or a waiver of, informed consent requirements should be made in the study protocol and justified by addressing each of the points above in sufficient detail to substantiate requirement.
Child Assent Form
Conveying New Information to Subjects Re Consent
When new or additional procedures will be added to a study, or if changes are made to the protocol or informed consent form that affect the subject, or if new safety information is learned, the subject must be made aware of the change and again give consent. Such changes or new information might affect subjects’ willingness to continue participation in the study.
An investigator may not perform a procedure, etc., on a subject without first obtaining new consent if the procedure was not part of the initial consent discussion and documented in the original informed consent form.
New safety information, a change in FDA approval status of a drug or device being studied, or a new or change in alternative to participation, etc., is to be conveyed to subjects in a timely manner so that they can make an informed decision about whether or not to continue study participation. Conveying such information should not be delayed.
Enrollment of Decisionally Impaired Persons
In the event that a study will enroll adult subjects who are temporarily or permanently incapable of giving informed consent, the subject’s legally authorized representative may provide permission for the subject to be enrolled in the study, provided the IRB has approved the enrollment of decisionally impaired subjects. Explicit IRB approval is required to enroll decisionally impaired subjects as a study population, or to enroll a single decisionally impaired subject.
Enrollment of Minors
When minors (less than age 18 years) will be enrolled in a study, permission (consent) must be obtained from the subject’s parent(s) or court appointed guardian(s). If the research involves greater than minimal risk but no direct benefit to the individual subject, consent must be obtained and documented in writing from either both parents or the legal guardian(s).
If minors age 7 years or older will be enrolled, the assent of the minor must be obtained if, in the judgment of the IRB, the children are capable of providing assent.
In determining whether children are capable of assenting, the IRB will take into account the ages, maturity, and psychological state of the children involved. This judgment may be made for all children to be involved in research under a particular protocol, or for each child, as the IRB deems appropriate.
If the IRB determines that the capability of some or all of the children is so limited that they cannot reasonably be consulted or that the intervention or procedure involved in the research holds out a prospect of direct benefit that is important to the health or well-being of the children and is available only in the context of the research, the assent of the children is not a necessary condition for proceeding with the research. Even where the IRB determines that the subjects are capable of assenting, the IRB may still waive the assent requirement under circumstances in which consent may be waived in accord with federal regulations. Investigators must provide specific justification for waiver of assent, which must be reviewed and approved by the IRB.
Enrollment of Non-English Speaking Subjects
OHRP (45 CFR 46.116 and 45 CFR 46.117) and FDA (21 CFR 50.25 and 21 CFR 50.27) regulations require that information given to potential subjects or their legally authorized representative be in language understandable to the subject or the representative. Before a non-English speaking subject may be enrolled in a study, the IRB must review and approve the information before it is presented to a potential subject.
Informed Consent Form
Waiver of Informed Consent
The IRB may waive the requirement to document informed consent with a signed written informed consent form for some or all subjects, provided the study is not regulated by the FDA (unless it is emergency research), if:
- The only record linking the subject and the research would be the informed consent form and the principal risk would be potential harm resulting from a breach of confidentiality. Each subject would be asked whether he/she wants documentation linking him/her with the research, and his/her request will prevail. If the IRB approves a waiver of obtaining a signed informed consent form, the complete consent process must take place, including giving subjects a written informed consent form containing all required consent elements, except that the subject will have the option to not sign the informed consent form.
OR
- The research presents no more than minimal risk of harm to subjects and involves no procedures for which written consent is normally required out of the research context. If the IRB approves a waiver of the requirement to obtain a signed informed consent form based on this, investigators must completely inform potential subjects about the study, answer their questions and obtain their verbal agreement to participate in the study.