MSU HRPP Manual Section 8-8-A

8-8-A, Exemption Category 7

Exemption Category (7)
Research involving the study of previously collected identifiable data.The data may include documents or records (but not identifiable biospecimens), unless disclosure of the data outside the research could reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation. This exemption allows the information to be recorded by the investigator in such a manner that subjects can be identified, directly or through identifiers linked to the subjects.

To qualify for exemption category (7), the research project must not include any of the following:

  • Federal funding or federal training grants

  • FDA regulated

  • Sponsor or other contractual restrictions

  • Clinical interventions (including clinical behavioral interventions)

  • Prisoners as subjects

  • Receipt of an NIH issued certificate of confidentiality to protect identifiable research data

  • Be a project for which MSU serves as the IRB of record

If any of the above criteria become applicable to a project determined exempt under this flexibility initiative, the IRB office must be promptly notified prior to implementation of the criteria and the project must be reviewed and approved in accordance with the appropriate review level (e.g. expedited, full board).

The requirements in HRPP Manual 8-1, “Exemptions” apply to activities that meet the criteria for exemption category (7).Research studies that meet the above criteria for exempt category (7) will be evaluated and determined exempt by IRB staff and/or the IRB chair when appropriate. See the following HRP Manual section for review procedures: HRPP Manual 8-1 “Exemptions.”

The investigator must submit an exempt application or renewal application to the IRB. Review procedures as defined in the HRP Manual will be followed for applications under consideration for exempt category (7). See HRPP Manual 8-1 “Exemptions.”

IRB staff will review the application and determine if the research meets the criteria for exempt category (7). The IRB staff will provide the criteria to the PI to confirm that the research satisfies inclusion and exclusion requirements. If the PI confirms that the project does not include any of the exclusions and the research study meets the criteria for the flexibility initiative, the exempt determination will be documented and processed in accordance with HRPP Manual 8-1 “Exemptions.” In addition, a worksheet will be used to document the exempt category (7) determination. The completed worksheet will be placed in the file.

This policy and procedure supersedes those previously drafted.

Approved By: Vice President of Research and Graduate Studies, 12-11-2015. Revision 1 approved by Assistant VP Regulatory Affairs on 7-21-2016.

Related HRPP Manual Sections

Approved PDF Version

Please note that hyperlinks have been added to the web version of this document for ease of use. View approved PDF version of Section 8-8-A, Exemption Category 7.