Virginia Administrative Code › Title 22 - SOCIAL SERVICES › Agency 40 - DEPARTMENT OF SOCIAL SERVICES › Chapter 890 - HUMAN SUBJECT RESEARCH REGULATIONS › Section 22VAC40-890-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Affiliated with the department" means any individual
				  employed, either on a paid or volunteer basis, by the Virginia Department of
				  Social Services, by a local department of social services, or by an agency
				  licensed by the Virginia Department of Social Services.
"Authorized" means to permit the implementation or conducting
				  of research.
"Board" means the Virginia State Board of Social
				  Services.
"Commissioner" means the Commissioner of the Virginia
				  Department of Social Services or his designee.
"Committee" means the human research review committee which
				  reviews and approves human research activities related to this chapter.
"Contractor" means agencies, organizations, or individuals
				  providing goods or services, receiving funds, or under contract with the
				  department or a local agency including, but not limited to, foster homes and
				  day-care homes.
"Department" means the Virginia Department of Social
				  Services.
"Discomforts, risks, and benefits" means the expected
				  advantages and disadvantages to the participant for participating in the
				  research.
"Facility" means any agency licensed by the department
				  including, but not limited to, adult and child day and residential
				  facilities.
"Human participant" or "participant" means any individual,
				  customer, volunteer, or employee who is the subject of research conducted or
				  authorized by the department, facility, local agency, or contractor.
"Human research" or "research" means any formal and
				  structured evaluation involving individuals in a special project, program, or
				  study.
"Informed consent" means the knowing and voluntary agreement
				  of the participant exercising free choice, without undue inducement or any
				  element of force, fraud, deceit, duress, or other form of constraint or
				  coercion.
"Legally authorized representative" means a person with
				  authority to consent on behalf of a prospective participant to include (i) the
				  parent or parents having custody, (ii) the legal guardian, or (iii) any person
				  or judicial or other person or body authorized by law or regulation, including
				  an attorney in fact appointed under a durable power of attorney, to the extent
				  the power grants the authority to make a decision related to human research.
				  The attorney in fact shall not be employed by the person or department
				  conducting the human research. No official or employee of the department,
				  facility or local agency conducting or authorizing the research shall be
				  qualified to act as a legally authorized representative.
"Local department" means the local department of social
				  services of any county or city in this Commonwealth.
"Minimal risk" means that the risks of harm to the
				  prospective participant anticipated in the proposed research are not greater,
				  considering probability and magnitude, than those ordinarily encountered in
				  daily life or during the performance of routine physical or psychological
				  examinations or tests.
Statutory Authority
§§ 63.2-217 and 63.2-218 of the Code of Virginia.