PART 3 | INSTITUTIONAL REVIEW BOARDS |
| Appointment and composition of institutional review boards |
11.—(1) A research institution must appoint in writing an institutional review board in accordance with this Part.(2) Every institutional review board must comprise at least 5 individuals, of whom —| (a) | one must be the chairperson who must be a medical practitioner; | | (b) | at least one must be an external scientific person; and | | (c) | at least one must be an external lay person. |
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| (3) A research institution must not appoint or re‑appoint an individual as a member of the institutional review board unless that individual has furnished to the research institution a declaration that he or she is not disqualified under the Act or these Regulations from acting as a member. |
| (4) The research institution may appoint one or more secretaries to the institutional review board who need not be a member. |
| (5) The Director‑General may, on a written application by the research institution, waive any requirement mentioned in paragraph (2)(a) in respect of any particular chairperson. |
| (6) For the purposes of paragraph (2), an individual is treated as external in relation to a research institution if the individual is not a researcher of, not employed by and not in a commercial relationship with the research institution. |
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12.—(1) Every individual appointed as a member of an institutional review board —| (a) | must be 21 years of age or older; and | | (b) | must be —| (i) | a citizen or permanent resident of Singapore; or | | (ii) | an individual who is and has been ordinarily resident in Singapore for an aggregate period of not less than 5 years out of the 10 years preceding the date of his or her appointment or re-appointment. |
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| (2) The Director‑General may, on a written application by the research institution, waive any requirement mentioned in paragraph (1) in respect of any particular person. |
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13.—(1) Every member of an institutional review board holds office for a term (not exceeding 5 years) determined by the research institution and will be eligible for re-appointment.| (2) Any member of an institutional review board may resign from his or her appointment at any time by giving written notice to the chairperson of the board. |
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| Notification to Director‑General |
14.—(1) Every research institution must notify the Director‑General of every institutional review board appointed and of all the following information in respect of each board no later than 30 days after the date of appointment of the board:| (a) | the chairperson’s name; | | (b) | the address, telephone number and email address at which the chairperson may be contacted; | | (c) | the chairperson’s occupation; | | (d) | any other information that the Director‑General may require. |
| (2) Every research institution must notify the Director‑General in the applicable form set out at the relevant website no later than 30 days after the occurrence of any change in the chairperson of an institutional review board which it had appointed. |
| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Revocation of appointment |
| 15. The appointment of a member of an institutional review board may be revoked by the research institution that appointed the member if the research institution is satisfied that the member has failed to discharge any of his or her functions under the Act or these Regulations in a satisfactory manner. |
16.—(1) For the purposes of section 18(2)(c) of the Act, an individual is disqualified from being a member of an institutional review board if —| (a) | that individual is an undischarged bankrupt; | | (b) | that individual has been convicted in Singapore or elsewhere of any offence involving fraud, dishonesty or moral turpitude; | | (c) | that individual has been convicted of an offence under the Act; or | | (d) | for medical reasons, that individual is unable to perform his or her duties as a member, as assessed by a medical practitioner. |
(2) The Director‑General may make a disqualification order mentioned in section 18(2)(d) of the Act disqualifying any individual from being a member of every institutional review board if the Director‑General is satisfied that the individual —| (a) | is not of good reputation or character; or | | (b) | is otherwise unfit to hold office as a member. |
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| (3) The Director‑General must publish every disqualification order made under paragraph (2) or a list of names and other particulars of the individuals disqualified at the relevant website or in any other manner that the Director‑General may determine. |
| (4) The Director‑General must take reasonable steps to ensure that the individual disqualified, the institutional review board of whom that individual was a member and the research institution that appointed the institutional review board are informed in writing of the disqualification order. |
| (5) To avoid doubt, any individual who is aggrieved by an order of the Director‑General under paragraph (2) may appeal to the Minister under section 54 of the Act. |
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| Revocation of disqualification order |
17.—(1) An individual who is the subject of a disqualification order may apply to the Director‑General for the order to be revoked.| (2) On receipt of an application under paragraph (1), the Director‑General may, after considering all relevant circumstances, revoke the disqualification order where the basis on which it was made no longer applies, subject to any terms and conditions that the Director‑General thinks fit to impose. |
(3) In determining the terms and conditions to be imposed under paragraph (2), the Director‑General must have regard to —| (a) | the character and fitness of the applicant to serve as a member of an institutional review board; and | | (b) | any other consideration which the Director‑General considers to be relevant. |
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(4) No application to revoke a disqualification order under paragraph (1) can be made —| (a) | before the expiration of one year after the date of the disqualification order; and | | (b) | more than once in any period of 3 years. |
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| (5) The Director‑General must publish every revocation of the disqualification order made under paragraph (2) or a list of names and other particulars of the individuals whose disqualification have been revoked, at the relevant website or in any other manner that the Director‑General may determine. |
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| Meetings and quorum of institutional review boards |
18.—(1) The quorum at all meetings of an institutional review board is 5 members, of whom —| (a) | one must be the chairperson or the member appointed by the chairperson under paragraph (6) to preside at that meeting or part of the meeting; | | (b) | at least one must be an external scientific person; and | | (c) | at least one must be an external lay person. |
| (2) No business may be transacted at any meeting unless a quorum is present. |
(3) A meeting of an institutional review board may be held —| (a) | by a quorum of members, being assembled together at the time and place appointed for the meeting; or | | (b) | by means of audio, audio and visual, or electronic communication but only if —| (i) | all of the members who wish to participate in the meeting have access to the technology needed to participate in the meeting; and | | (ii) | a quorum of members are able to simultaneously communicate with each other throughout the meeting. |
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| (4) A member of an institutional review board participating in a meeting as permitted under paragraph (3)(b)(i) is taken to be present at the meeting. |
| (5) The fact that a meeting of an institutional review board was held as permitted under paragraph (3)(b)(i) must be recorded in writing in the minutes or other record of the meeting. |
| (6) The chairperson of an institutional review board must preside at meetings of the board, and if the chairperson is absent from any meeting or part of a meeting, the member (who need not be a medical practitioner) appointed by the chairperson will preside at that meeting or part of the meeting. |
| (7) A decision at a meeting of the institutional review board is adopted by a simple majority of the members present and voting and to avoid doubt, in the case of an equality of votes, the research proposal is deemed to have been rejected. |
| (8) For the purposes of the institutional review board’s proceedings, papers (including declarations, disclosures and proposals to be circulated before the meeting and decisions after the meeting) may be circulated among members or delivered to the secretary of the board by hand or facsimile or electronic transmission of the information in the papers concerned. |
| (9) Subject to the provisions of the Act and this Part, each institutional review board may regulate its own processes and procedures. |
| (10) For the purposes of paragraph (1), an individual is treated as external in relation to a research institution if the individual is not a researcher of, not employed by and not in a commercial relationship with the research institution. |
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19.—(1) For the purposes of section 19(1) of the Act, a member of an institutional review board must declare to the board in writing, the nature and extent of all conflicts of interest or potential conflicts of interest in relation to a matter under consideration by the board arising from —| (a) | the member’s immediate family relationship or other relationship with a director, partner or employee of the research institution which appointed the institutional review board; | | (b) | the member’s immediate family relationship or other relationship with any of the researchers involved in the conduct of the research proposal being reviewed by the board; and | | (c) | the member’s connection or association with any person or body funding the research being reviewed by the board. |
(2) Where the institutional review board is satisfied that the member (called in this regulation a conflicted member) is unable to carry out his or her duties properly and effectively because of any conflict of interests or potential conflict of interests mentioned in section 19 of the Act or this regulation in relation to a matter under consideration by the board, the conflicted member —| (a) | must not vote or take part in any discussion or decision of the board with respect to that matter; and | | (b) | is to be disregarded for the purpose of forming a quorum of the board for that part of the meeting of the board during which a discussion or decision relating to that matter occurs or is made. |
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| (3) Despite paragraph (2), a conflicted member may, with the permission of the institutional review board, provide any information that the board requires, but must not vote on any decision with respect to that matter. |
| (4) A declaration under paragraph (1), and the decision of the institutional review board in regard to the participation of the conflicted member in the discussions and decisions of the board under paragraphs (2) and (3), must be recorded in the minutes of the meeting of the board. |
| (5) For the purposes of paragraph (1), a member of an institutional review board is not regarded as being in a position of conflict of interests by reason only that the member is an employee of the research institution which appointed the board. |
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20.—(1) The chairperson of an institutional review board or a member authorised under section 17(2) of the Act (called in this regulation the authorised member) may, pursuant to section 17(2)(b) of the Act, decide that a research proposal or a class of research proposals may be reviewed through an expedited process if the proposal or class of proposals involves no more than minimal risk to the research subjects.(2) For the purposes of section 17(2) of the Act, the following criteria may be considered by the chairperson of the institutional review board or the authorised member for expedited review:| (a) | one or more minor changes to a research proposal which do not affect the substance of research proposals approved by that board; | | (b) | a research proposal that involves analysis of patient information without interaction with research subjects where the chairperson or the authorised member is satisfied that the researchers will take appropriate measures to protect the confidentiality of information relating to the research subjects. |
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| (3) To avoid doubt, no proposal for restricted human biomedical research may be reviewed through an expedited process. |
| (4) The institutional review board must ensure that the operational procedures on the expedited review of research proposals must be clearly documented including but not limited to the authorisation of a member to carry out the duties of the chairperson pursuant to section 17(2) of the Act and the method of reporting and ratification of decisions to the board. |
| (5) The chairperson of an institutional review board or the authorised member must inform all the members of all research proposals that have been reviewed through an expedited process. |
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21.—(1) Subject to paragraph (2), the chairperson of an institutional review board or a member authorised under section 17(2) of the Act (called in this regulation the authorised member) may, pursuant to section 17(2)(a) of the Act, exempt a research proposal from review by the board if the chairperson or authorised member is satisfied that the proposal involves less than minimal risk to the research subjects.| (2) To avoid doubt, no proposal for restricted human biomedical research may be exempted from review. |
| (3) A researcher must submit to the chairperson of the institutional review board or the authorised member every application for exemption from review of a research proposal for determination by the chairperson or the authorised member. |
| (4) The chairperson of an institutional review board or the authorised member must inform all the members of all research proposals that have been exempted from review. |
| (5) The institutional review board must ensure that the operational procedures on the exemption of research proposals from review by the board mentioned in paragraph (1) must be clearly documented including but not limited to the authorisation of a member to carry out the duties of the chairperson pursuant to section 17(2) of the Act and the method of reporting and ratification of decisions to the board. |
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| Documentation and communications |
22.—(1) Every chairperson of an institutional review board must ensure that all documentation and correspondence of a board in areas other than the review of the research proposal, such as the assessment of the qualifications of a researcher, must be dated, filed and archived according to standard written procedures for the board.| (2) Every chairperson of an institutional review board must ensure that all correspondence and other communications in relation to the review of the research proposal and other proceedings of the board, must be fully documented in writing. |
(3) Without limiting paragraphs (1) and (2), every chairperson of an institutional review board must ensure that all of the following documents, information and particulars be recorded and documented:| (a) | copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent documents, progress reports submitted by the researchers and reports of injuries to the research subjects; | | (b) | minutes of the board meetings which must be in sufficient detail to show —| (i) | attendance at the meetings; | | (ii) | actions taken by the board, and the vote on these actions including the number of members voting for, against, and abstaining; | | (iii) | the basis for requiring changes in or disapproving research; and | | (iv) | a written summary of the discussion of controverted issues and their resolution; |
| | (c) | copies of all correspondence between the board and the researchers that are relevant and material to the review of the research proposal. |
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| Written reasons to be provided to second institutional review board |
| 23. Where the research institution pursuant to section 21(2)(c) of the Act directs the researcher to submit the research to a second institutional review board for a second initial review, the first institutional review board must, as soon as practicable after the direction, give written reasons for its decision not to grant approval for the research to be conducted or continued and provide the written reasons to the second board through the research institution. |
| Reports to research institution |
| 24. The chairperson of an institutional review board must ensure that all decisions made by the board and the reasons for these decisions are to be reported to the research institution for the institution’s oversight and review within the period and in the manner and form that the institution may determine. |
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