Waiver of Documentation of Informed Consent

IRB can waive the requirement for the investigator to obtain a signed consent form in some cases.

Federal regulations 45 CFR 46.117c(1) allow an IRB to waive the requirement for the investigator to obtain a signed informed consent form for some or all subjects if it finds any of the following:

(i) That the only record linking the subject and the research would be the informed consent form and the principal risk would be potential harm resulting from a breach of confidentiality. Each subject (or legally authorized representative) will be asked whether the subject wants documentation linking the subject with the research, and the subject’s wishes will govern;

(ii) That the research presents no more than minimal risk of harm to subjects and involves no procedures for which written consent is normally required outside of the research context; or

(iii) If the subjects or legally authorized representatives are members of a distinct cultural group or community in which signing forms is not the norm, that the research presents no more than minimal risk of harm to subjects and provided there is an appropriate alternative mechanism for documenting that informed consent was obtained.

45 CFR 46.117c(2) In cases in which the documentation requirement is waived and the study is allowed to proceed on either the subject’s oral consent or in the case of online survey research the subject’s implied consent by completion of the survey instrument, the IRB may require the investigator to provide subjects with a written statement regarding the research.

Template 2 – Format for Unsigned Informed Consent Document

Template 3 – Format for Unsigned Informed Consent Document for web-based online surveys