{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-162.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-162.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-162.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-162.17.html"}],"law_id":86577,"edition_id":1,"section_id":86577,"structure_id":16381,"section_number":"32.1-162.17","catch_line":"Exemptions","history":"1992, c. 603.","full_text":"The following categories of human research are exempt from the provisions of this chapter:\n\n1\n\nActivities of the Virginia Department of Health conducted pursuant to § 32.1-39;2\n\nResearch or student learning outcomes assessments conducted in educational settings involving regular or special education instructional strategies, the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods, or the use of educational tests, whether cognitive, diagnostic, aptitude, or achievement, if the data from such tests are recorded in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects;3\n\nResearch involving survey or interview procedures unless responses are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the subject’s responses, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct;4\n\nResearch involving survey or interview procedures, when the respondents are elected or appointed public officials or candidates for public office;5\n\nResearch involving solely the observation of public behavior, including observation by participants, unless observations are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the observations recorded about the individual, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct; and6\n\nResearch involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects.","order_by":null,"text":{"0":{"id":310100,"text":"The following categories of human research are exempt from the provisions of this chapter:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":310101,"text":"Activities of the Virginia Department of Health conducted pursuant to § 32.1-39;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":310102,"text":"Research or student learning outcomes assessments conducted in educational settings involving regular or special education instructional strategies, the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods, or the use of educational tests, whether cognitive, diagnostic, aptitude, or achievement, if the data from such tests are recorded in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":310103,"text":"Research involving survey or interview procedures unless responses are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the subject’s responses, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":310104,"text":"Research involving survey or interview procedures, when the respondents are elected or appointed public officials or candidates for public office;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":310105,"text":"Research involving solely the observation of public behavior, including observation by participants, unless observations are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the observations recorded about the individual, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct; and","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":310106,"text":"Research involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":16381,"edition_id":1,"name":"Human Research","identifier":"5.1","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 04:15:51","date_modified":"2026-06-26 04:15:51","permalink":{"id":203483,"object_type":"structure","relational_id":16381,"identifier":"5.1","token":"32.1\/5.1","url":"\/32.1\/5.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68456,"structure_id":16381,"section_number":"32.1-162.16","catch_line":"Definitions","url":"\/32.1-162.16\/","token":"32.1\/5.1\/32.1-162.16","metadata":false},{"id":86577,"structure_id":16381,"section_number":"32.1-162.17","catch_line":"Exemptions","url":"\/32.1-162.17\/","token":"32.1\/5.1\/32.1-162.17","metadata":false},{"id":67598,"structure_id":16381,"section_number":"32.1-162.18","catch_line":"Informed consent","url":"\/32.1-162.18\/","token":"32.1\/5.1\/32.1-162.18","metadata":false},{"id":80228,"structure_id":16381,"section_number":"32.1-162.19","catch_line":"Human research review committees","url":"\/32.1-162.19\/","token":"32.1\/5.1\/32.1-162.19","metadata":false},{"id":85369,"structure_id":16381,"section_number":"32.1-162.20","catch_line":"Applicability of federal policies","url":"\/32.1-162.20\/","token":"32.1\/5.1\/32.1-162.20","metadata":false}],"previous_section":{"id":68456,"structure_id":16381,"section_number":"32.1-162.16","catch_line":"Definitions","url":"\/32.1-162.16\/","token":"32.1\/5.1\/32.1-162.16","metadata":false},"next_section":{"id":67598,"structure_id":16381,"section_number":"32.1-162.18","catch_line":"Informed consent","url":"\/32.1-162.18\/","token":"32.1\/5.1\/32.1-162.18","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-162.17\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 603 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":61766,"section_number":"32.1-39","catch_line":"Surveillance and investigation","order_by":null,"url":"\/32.1-39\/"}],"permalink":{"id":203489,"object_type":"law","relational_id":86577,"identifier":"32.1-162.17","token":"32.1\/5.1\/32.1-162.17","url":"\/32.1-162.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-162.17\/","token":"32.1\/5.1\/32.1-162.17","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-162.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The following categories of human research<\/span> are exempt from the provisions of this chapter:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Activities of the Virginia Department<\/span> of Health conducted pursuant to § 32.1-39<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Research or student learning outcomes assessments conducted in educational settings involving regular or special education instructional strategies, the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods, or the use of educational tests, whether cognitive, diagnostic, aptitude, or achievement, if the data from such tests are recorded in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Research involving survey or interview procedures unless responses are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the subject’s responses, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Research involving survey or interview procedures, when the respondents are elected or appointed public officials or candidates for public office; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Research involving solely the observation of public behavior, including observation by participants, unless observations are recorded in such a manner that the subjects can be identified, directly or through identifiers linked to the subjects, and either (i) the observations recorded about the individual, if they became known outside the research, could reasonably place the subject at risk of criminal or civil liability or be damaging to the subject’s financial standing or employability or (ii) the research deals with sensitive aspects of the subject’s own behavior, such as sexual behavior, drug or alcohol use, or illegal conduct; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Research involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if these sources are publicly available or if the information is recorded by the investigator in a manner so that subjects cannot be identified, directly or through identifiers linked to the subjects. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 32.1-162.17)\n\nThe following categories of human research are exempt from the provisions of\nthis chapter:\n\n1. Activities of the Virginia Department of Health conducted pursuant to §\n32.1-39;\n\n2. Research or student learning outcomes assessments conducted in educational\nsettings involving regular or special education instructional strategies, the\neffectiveness of or the comparison among instructional techniques, curricula, or\nclassroom management methods, or the use of educational tests, whether\ncognitive, diagnostic, aptitude, or achievement, if the data from such tests are\nrecorded in a manner so that subjects cannot be identified, directly or through\nidentifiers linked to the subjects;\n\n3. Research involving survey or interview procedures unless responses are\nrecorded in such a manner that the subjects can be identified, directly or\nthrough identifiers linked to the subjects, and either (i) the subject’s\nresponses, if they became known outside the research, could reasonably place the\nsubject at risk of criminal or civil liability or be damaging to the\nsubject’s financial standing or employability or (ii) the research deals\nwith sensitive aspects of the subject’s own behavior, such as sexual\nbehavior, drug or alcohol use, or illegal conduct;\n\n4. Research involving survey or interview procedures, when the respondents are\nelected or appointed public officials or candidates for public office;\n\n5. Research involving solely the observation of public behavior, including\nobservation by participants, unless observations are recorded in such a manner\nthat the subjects can be identified, directly or through identifiers linked to\nthe subjects, and either (i) the observations recorded about the individual, if\nthey became known outside the research, could reasonably place the subject at\nrisk of criminal or civil liability or be damaging to the subject’s\nfinancial standing or employability or (ii) the research deals with sensitive\naspects of the subject’s own behavior, such as sexual behavior, drug or\nalcohol use, or illegal conduct; and\n\n6. Research involving the collection or study of existing data, documents,\nrecords, pathological specimens, or diagnostic specimens, if these sources are\npublicly available or if the information is recorded by the investigator in a\nmanner so that subjects cannot be identified, directly or through identifiers\nlinked to the subjects.\n\nHISTORY: 1992, c. 603.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}