                                 CODE OF VIRGINIA

EXEMPTIONS (§ 32.1-162.17)

The following categories of human research are exempt from the provisions of
this chapter:

1. Activities of the Virginia Department of Health conducted pursuant to &#xA7;
32.1-39;

2. 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;

3. 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&#8217;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&#8217;s financial standing or employability or (ii) the research deals
with sensitive aspects of the subject&#8217;s own behavior, such as sexual
behavior, drug or alcohol use, or illegal conduct;

4. Research involving survey or interview procedures, when the respondents are
elected or appointed public officials or candidates for public office;

5. 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&#8217;s
financial standing or employability or (ii) the research deals with sensitive
aspects of the subject&#8217;s own behavior, such as sexual behavior, drug or
alcohol use, or illegal conduct; and

6. 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.

HISTORY: 1992, c. 603.