Committee For the Protection of Human Subjects

Appeals to IRB Decisions

It is the policy of the UTHSC-H that research that has been disapproved by CPHS may not be conducted at UTHSC-H or by UTHSC-H faculty or staff. However, investigators may appeal decisions made by CPHS that are in contention, including CPHS decisions to disapprove, suspend, terminate, or stipulate modifications to submitted protocols and associated submission materials, including informed consent forms.

 

PROCEDURE

Once CPHS disapproves, suspends, terminates, or stipulates modifications to submitted documentation, ORSC Staff will notify the investigator of the action and rationale of the decision by written correspondence. Within the official notification letter received by the investigator from CPHS, the investigator will be instructed to respond in writing to the decision.

If clarification of the written notice is needed, the investigator will be instructed to contact the ORSC staff for further clarification and instructions. Investigators who disagree with the decision of CPHS will be informed about the CPHS appeal process and available options for further consideration.

 

Submission of Appeal: Once the investigator has decided to enter into an appeal process, the ORSC staff will instruct the investigator to provide the rationale and supporting information/material that will aid CPHS in the review of the appeal.

 

Review Process: The ORSC Staff will forward the response submitted by the investigator to the subcommittee Chairperson. The ORSC Staff will place the appeal for discussion at the upcoming full committee meeting.

ORSC staff will assign review of appeal responses for protocols reviewed by expedited review process or requests for exemptions for discussion at a full committee meeting.

Investigators will be given the option of contacting the IRB Chairperson to discuss their appeal and any submitted additional supporting information.

Investigators will be given the opportunity to attend the next scheduled CPHS meeting to discuss their appeal and answer any questions posed by CPHS regarding the IRB submission and any supporting documentation.

The ORSC Staff will notify the investigator in writing of CPHS final decision regarding the current appeal. In this notification, investigators will be informed that they can direct additional unresolved questions, express concerns, and convey suggestions to the Executive Committee or Institutional Official. The decision of CPHS to disapprove, suspend, terminate, or modify submitted materials cannot be overruled by the Institutional Official.

There are no limitations placed on the appeal process, allowing investigators to appeal decisions and resubmit information as frequently as warranted. 

 

APPLICABLE REGULATIONS

1.       None.

REFERENCE TO OTHER POLICIES

1.       None.

ATTACHMENTS

1.       None.

If you find errors in this document, contact clinicaltrials@uth.tmc.edu

 

Document Number:	101-E03
Document Name:	Appeals to CPHS Decision
Approved by:	ORSC Director
Effective:	1 Aug 2008
Revision History:	1 Aug 2011