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[F1.1700] Research Involving Prisoners

For studies involving prisoners, or for studies recruiting subjects at risk of becoming involuntarily confined/ detained in a penal institution or other type of incarceration during the research (i.e., subjects with substance abuse history), check mark the "Prisoners" attribute in the Subject Demographics section of your E-IRB application, and complete the questions as prompted under the Prisoners subsection. There are special federal regulations which govern research involving prisoners enrolled as subjects. Subpart C of 45 Code of Federal Regulation (CFR) 46 applies whenever any human subject is a prisoner.

A prisoner is defined as:
"An individual involuntarily confined in a penal institution, including persons: (1) sentenced under a criminal or civil statue; (2) detained pending arraignment, trial, or sentencing; and (3) detained in other facilities (e.g., for drug detoxification or treatment of alcoholism) under statutes or commitment procedures providing such alternatives to criminal prosecution or incarceration in a penal institution [45 CFR 46.303(c)]. Note: Probation and parole are usually NOT considered as incarceration.

If it is unclear if a person is deemed a “prisoner,” contact the Office of Research Integrity (ORI) at 859-257-9428 for help in making a determination.

In order for the IRB to approve a study where prisoners are recruited, or to issue approval for a subject to continue participation when (s)he has become a prisoner during the course of the research, there are seven conditions that must be met, and the research must fit into one of four categories. In order for the IRB to consider approval for prisoner participation in your study, you must complete the Prisoner subsection of the E-IRB application.

Note: If you will receive or are seeking Department of Health and Human Services (HHS) funding for this study, a certification letter must be submitted to the Office for Human Research Protections (OHRP). The research cannot be initiated until OHRP issues approval. The Office of Research Integrity (ORI) will prepare and submit the certification letter to OHRP. The IRB will forward OHRP & IRB approval materials to the Principal Investigator. Contact ORI at 859-257-9428 for more information.

Specific DHHS epidemiology research may be eligible for a waiver.  See Section 3 of the Prisoners subsection in the E-IRB application, or contact ORI at 859-257–9428 for further information.

Please note, under the Kentucky Administrative Regulation (501 KAR 3:090(14)) applicable to county jails (not federal prisons), inmates are not permitted to participate in medical research (i.e., drug, device, biologic clinical trials). This state law does not apply to inmates of federal prisons. For assistance with applying state law to your research, contact ORI at 859-257-9428 or the Office of Legal Counsel at 859-257-2936 (or via email) and ask to be connected with a research attorney for additional information.

According to the Commission of the KY Department of Corrections (DOC), in KY, prisoners may be housed in community corrections centers if they have the proper custody. If an offender with a monitoring device is serving home incarceration, they are an inmate, and their home is an extension of their incarceration. However, if the offender is on parole with a monitoring device, they are not considered an inmate. Be aware that residential treatment programs may house BOTH individuals who are completing substance abuse programs that remain under state custody, considered as prisoners, as well as parolees completing treatment.

IRB Application Section: Prisoners (E-IRB Sample Questions) [F1.1650]

PRISONERS 

SECTION 1. 

For studies involving prisoners or people at risk of becoming involuntarily detained during the research (e.g., subjects with substance abuse history), respond to the following items. 

For research involving prisoners, the definition of minimal risk refers to the probability and magnitude of physical or psychological harm that is normally encountered in the daily lives, or in the routine medical, dental, or psychological examination of healthy persons. 

Select the category below that best represents your research and explain why your research meets the criteria.

Prisoner Categories

  • Category 1: My research involves the study of possible causes, effects, processes of incarceration, and of criminal behavior. (Processes of incarceration can be interpreted broadly to include substance abuse research, halfway houses, counseling techniques, criminal behavior, etc.) 
  • Category 2: My research involves the study of prisons as institutional structures, or of prisoners as incarcerated persons. (This category is usually used fairly narrowly – i.e., looking at prisoner diet, conditions of prison, etc.) 
  • Category 3: My research involves the study of conditions particularly affecting prisoners as a class. (This category is rarely used – e.g., vaccine trials, research on hepatitis, social and psychological problems such as alcoholism, drug addiction, sexual assaults. Minimal risk studies should not go under this category.) 
  • Category 4: My research involves the study of practices, both innovative and accepted, which have the intent and reasonable probability of improving the health or well-being of the subject. (Rare for research involving placebo or control groups to fall in this category because of the difficulty in justifying improvement of the health or well-being of the subject being given a placebo or in a control group.) Note: Contact the Office of Research Integrity at (859) 257-9428 for more information. 
  • Epidemiologic Research Involving Prisoners [See also SECTION 3 below] 

Due to programming limitations, you will just need to enter 'N/A' in the text box below.

Enter information.

SECTION 2. 

When an IRB is reviewing a protocol in which a prisoner will be a subject, the IRB must find and document justification that six additional conditions are met. Describe in the space provided how each condition applies to your research. 

NOTE: If your study only involves epidemiologic research, you may insert "N/A" in each of the text boxes in this section (Section 2). Your response to Section 3 will determine appropriateness for "N/A" answers here. 

Condition 1. Advantages acquired through participation in the research, when compared to the prisoners’ current situation, are not so great that they impair their ability to weigh risks. 

Describe the possible advantages that can be expected for prisoner participants:

Enter information.

Condition 2. Risks are the same as those that would be accepted by non-prisoners. 

Describe the possible risks that can be expected for prisoner participants and justify that they are the same as for non-prisoners:

Enter information.

Condition 3. Procedures for selection are fair to all prisoners and are immune from intervention by prison authorities in prisons; control subjects must be randomly selected. 

  • a) Describe how prisoners will be selected for participation: Enter information.
  • b) Describe what measures will be taken to prevent intervention by prison authorities in the selection process: Enter information.

Condition 4. Parole boards cannot take into consideration a prisoner’s participation in research. Informed consent must state that participation will not impact parole. 

Describe what measures are in place to ensure parole boards are not influenced by prisoners’ participation in research, and how prisoners will be told their participation (or refusal or withdrawal from) will not impact parole:

Enter information.

Condition 5. For studies that require follow-up, provisions are made, including consideration for the length of individual sentences; informed consent must reflect provisions for follow-up.

 Describe what provisions have been made for follow-up and how this information will be relayed to the prisoner participants:

Enter information.

Condition 6. Information about the study is presented in a language understandable to prisoners. 

Describe what efforts have been made to present information about the study in a language understandable to the prisoner population:

Enter information.

SECTION 3. Epidemiologic Research Involving Prisoners 

Only complete if applicable: 

Effective June 20, 2003, DHHS adopted a policy that allows waiver of the requirement for documenting applicability of a category (as found in Section 1 of this form) for certain epidemiologic research involving prisoners. This waiver applies to epidemiologic research on prisoners that presents no more than minimal risk and no more than inconvenience to the prisoner-subjects. 

  • Check this box if your research meets all three criteria listed below, then provide justification in the space provided. 
  1. I request a waiver for meeting the category conditions under Section 1 of this form. 
  2. My research involves epidemiologic research intended to describe the prevalence/incidence of a disease by identifying all cases, or to study potential risk factor associations for a disease; and 
  3. Prisoners are not the sole focus of my research. 

Justify how the research presents no more than minimal risk and no more than inconvenience to the subjects: Enter information.

SECTION 4. Prisoners are not the targeted population 

Only complete if applicable: 

Although prisoners may not be the target population for your research, a subject could become a prisoner during the course of the study (particularly if studying a subject population at high-risk of incarceration). 

Note: If you did not receive IRB approval for the involvement of prisoners, and a subject becomes a prisoner during the study, all research activities involving the now-incarcerated participant must cease until IRB approval has been issued for their continuation in the research. If you need IRB approval for a prisoner subject to continue participation in your research, select and complete the applicable category from Section 1, complete Section 2, and this section, then submit for IRB review. 

In special circumstances where it is in the best interest of the subject to remain in the research study while incarcerated, the IRB Chairperson may determine that the subject may continue to participate in the research prior to satisfying the requirements of Subpart C. However, subsequent IRB review and approval of this completed form is required. 

  • Prisoners are not a target population for my research, but a subject became a prisoner during the study, and I am seeking IRB approval so the subject can continue participation in the research.

Explain the importance of continuing to intervene, interact, or collect identifiable private information during the participant’s incarceration:

Enter information.

SECTION 5. Kentucky (KY) Department of Corrections (DoC) Approval 

Review the following conditions and determine whether any apply to your study:

  • active recruitment of participants from a correctional facility (prison, jail, or community corrections institution); 
  • active recruitment of individuals under community supervision from a state probation and parole office. 

If any of the above conditions apply to your research, refer to the Kentucky Department of Corrections Policy and Procedures, Management Information and Research (Chapter 5) for information about submitting a proposal for DoC approval of research including the DoC approved Research Consent and Research Agreement (5.1.G.1). If the Department of Corrections is directly involved in your research as a sponsor or otherwise, contact the Office of Legal Counsel at 859-257-2936 and ask to be connected with a research attorney for additional information.

Sample Language for Informed Consent (F1.1725)

Use the following elements for treatment protocols in which prisoners may be in the subject pool.

WHAT WILL YOU BE ASKED TO DO?

If you are a prisoner, you will be asked to agree to all assessments and tests described above, contingent upon the prison transporting you to the study site for each of the scheduled tasks. The study doctor will send this research protocol to your prison health care providers so they can be fully informed about assisting with your treatment in the prison.

If you are a prisoner, the study doctor will be in close communication with your health care providers in the prison to make sure that your symptoms are carefully monitored. Prison health care providers will be encouraged to communicate regularly with the study doctor to consult on your care.

If you are a prisoner, the study doctor will ask your prison healthcare providers to draw blood more frequently than once a week, if indicated.

If you are a prisoner and are transferred to another prison, the study doctor will discuss your participation in this study and its treatment and monitoring requirements with the new prison health care providers.

DO YOU HAVE TO TAKE PART IN THE STUDY?

If you are a prisoner, your decision to participate or not to participate will in no way benefit or hurt your status with the prison system, the Department of Corrections, or the parole board.

WHAT WILL IT COST YOU TO PARTICIPATE?

If you are a prisoner, the Federal Bureau of Prisons or other correctional facility where you are housed will be responsible for any routine medical care you receive.

WHO WILL SEE THE INFORMATION THAT YOU GIVE?

If you are a prisoner, all of your treatment records from the University of Kentucky will be shared with the physicians and the warden at the prison to ensure that the prison physicians/officials are kept informed of the treatment you are receiving. Also, all of your medical records from the prison will be shared with your physicians at the University of Kentucky to help with diagnosis and treatment planning.

WHAT HAPPENS IF YOU GET HURT OR SICK DURING THE STUDY?

If you are a prisoner and are unable to contact the study doctor directly, you should report any negative side effects or illness due to participating in this study to your prison health care providers.

If you are a prisoner and believe you have gotten sick because of the study, contact your prison health care providers so they can discuss your symptoms with the study doctor.

If you are a prisoner, the correctional facility where you are housed will be informed about this study, providing medical care that results from research-related harm.

WHAT IF YOU HAVE QUESTIONS, SUGGESTIONS, CONCERNS, OR COMPLAINTS?

If you are a prisoner, you will only be allowed to contact the persons listed above through the prison physicians, officials, or other health care providers. If you are released from prison, you will be referred to a physician in the area in which you will be living, and this physician will be provided with a copy of your treatment record. If you are transferred to another prison facility, the study doctor will discuss your medical condition with the doctors in charge of your care in the new facility prior to your transfer.

DHHS Research Involving Prisoners Decision Tree [T23.0000]

Research Involving Prisoner Decision Tree from From page 206 of Institutional Review Board (IRB) Reference Book: Protecting the People Who Volunteer to Participate in Research.
Russell-Einhorn, M. K., & Pugilisi, T. (Eds.). (2011). Institutional Review Board (IRB) Reference Book: Protecting the People who Volunteer to Participate in Research [Digitized]. p.206, PricewaterhouseCoopers. (Original work published 2001)