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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 890. Human Subject Research Regulations
3/10/2025

22VAC40-890-30. Research exempt from chapter.

Research activities in which the only involvement of human participants will be in one or more of the following categories are exempt from this chapter unless the research is covered by other sections of this chapter:

1. Human research that is subject to policies and regulations for the protection of human subjects promulgated by any agency of the federal government, except for the provisions in 22VAC40-890-40 C and 22VAC40-890-90 B.

2. Research involving solely the observation of public behavior or survey or interview procedures, except when observations or responses are recorded in such a manner that participants can be identified directly or through identifiers linked to the participants, and when either (i) the participant's responses, if the responses became known outside the research, could reasonably place the participant at risk of criminal or civil liability or be damaging to the participant's financial standing or employability or (ii) the research deals with sensitive aspects of the participant's own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct.

3. Research that is exempt in accordance with 45 CFR § 46.104(d).

Statutory Authority

§§ 63.2-217 and 63.2-218 of the Code of Virginia.

Historical Notes

Derived from VR615-80-01 § 3, eff. August 11, 1993; amended, Virginia Register Volume 41, Issue 10, eff. February 13, 2025.

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