Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

  • About HHS
  • Programs & Services
  • Grants & Contracts
  • Laws & Regulations
  • Radical Transparency
  • Big Wins
  • About OHRP
  • Regulations, Policy & Guidance
  • Education & Outreach
  • Compliance & Reporting
  • News & Events
  • Register IRBs & Obtain FWAs
  • SACHRP Committee
  • International
Breadcrumb
  1. HHS
  2. OHRP
  3. SACHRP Committee
  4. SACHRP Recommendations
  5. January 24, 2011 SACHRP Letter to the HHS Secretary: Recommendati
  • SACHRP Charter
  • SACHRP Members
  • SACHRP Meetings
  • SACHRP Recommendations
  • SACHRP Subcommittees
  • SACHRP Archived Materials

January 24, 2011 SACHRP Letter to the HHS Secretary: Recommendations Involving Informed Consent and Biospecimens, IRB Membership and Definition of Non-scientist

January 24, 2011

The Honorable Kathleen Sebelius
Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C.  20201

Recommendation Letter

Dear Ms. Sebelius:

In accordance with the provisions of the charter for the Secretary’s Advisory Committee on Human Research Protections (SACHRP), I respectfully submit for your consideration a set of recommendations relative to Department of Health and Human Services (HHS) human subjects protection regulations at 45 CFR part 46. These recommendations were passed by SACHRP at their March, July and October 2010 meetings.

Recommendations Involving Informed Consent and Biospecimens

On October 5, 2004, SACHRP approved a recommendation establishing a Subpart A Subcommittee (SAS). SACHRP’s charge to this subcommittee was to review and assess all provisions of subpart A of 45 CFR part 46 (HHS’ codification of the Federal Policy for the Protection of Human Subjects, also known as the Common Rule) and relevant Office for Human Research Protections (OHRP) guidance documents, and based on this review and ongoing assessment, to develop recommendations for consideration by SACHRP in three categories: (1) recommendations on interpretation of subpart A provisions; (2) recommendations for development of new, or modification of existing, OHRP guidance; and (3) recommendations for possible revision of subpart A.

The goals of this review and assessment of subpart A of 45 CFR part 46 are threefold: (1) to enhance the protection of human subjects; (2) to reduce, where possible, regulatory burdens that do not contribute to the protection of subjects in a meaningful way; and (3) to promote scientifically and ethically valid research. To that end, the attached set of recommendations, terms and FAQs (Attachment A) on the topic of informed consent and research use of biospecimens is provided for your consideration. This material represents the culmination of lengthy SAS and SACHRP deliberation spanning two years.

Recommendation Regarding IRB Membership and Definition of Non-scientist under 45 CFR 46 and 21 CFR 56

On October 28, 2009, SACHRP approved a recommendation establishing a Subcommittee on Harmonization (SOH). SACHRP’s charge to this subcommittee was to identify and prioritize areas in which regulations and/or guidelines for human subjects research adopted by various agencies or offices within HHS would benefit from harmonization, consistency, clarity, simplification and/or coordination. The Subcommittee will develop recommendations for consideration and possible adoption by SACHRP, to harmonize and simplify these guidelines and regulations. The goal of this subcommittee effort is to reduce unnecessary burdens on research efforts, thus resulting in better allocation of research resources and promoting the safety and welfare of human subjects.

SOH recently examined the requirements for IRB membership and the definition of scientist and nonscientist under 45 CFR 46 and 21 CFR 56, and on October 20, 2010, SACHRP approved a recommendation and comment from this subcommittee (Attachment B). This material is presented for your consideration.

On behalf of SACHRP, I would like to thank you for your consideration of this report. The committee, the Subpart A Subcommittee and the Subcommittee on Harmonization have been actively working in pursuit of their charges, and we look forward to continuing this work to enhance human subjects protections for the benefit of all Americans.

Sincerely,

/S/

Barbara E. Bierer, M.D.
Chair, Secretary’s Advisory Committee
on Human Research Protections (SACHRP)

cc: Jerry Menikoff, M.D., J.D., Executive Secretary, SACHRP

Julia Gorey, J.D., Executive Director, SACHRP

Related Recommendations

Attachment A: FAQs, Terms and Recommend. on Informed Consent
Attachment B: Recommendation on IRB Membership and Definition of Non-scientist under 45 CFR 46 and 21 CFR 56
Content created by Office for Human Research Protections (OHRP)
Content last reviewed January 24, 2011
Back to top

Subscribe to Email Updates

Receive the latest updates from the Secretary and Press Releases.

Subscribe
  • Contact HHS
  • Careers
  • HHS FAQs
  • Nondiscrimination Notice
  • Press Room
  • HHS Archive
  • Accessibility Statement
  • Privacy Policy
  • Budget/Performance
  • Inspector General
  • Web Site Disclaimers
  • EEO/No Fear Act
  • FOIA
  • The White House
  • USA.gov
  • Vulnerability Disclosure Policy
HHS Logo

HHS Headquarters

200 Independence Avenue, S.W.
Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775​

Follow HHS

Follow Secretary Kennedy