The new Section 8.10 addresses potential conflicts between the terms of the Agreement and the requirements of applicable law, regulation, or other federal or state requirements. “Other federal or state requirements” is intended to include federal/state agency funding terms and policies. Conflicts with a Participating Institution’s contractual obligations under other private contracts are not included; Participating Institutions are expected to manage any conflicts (or assure that there are no conflicts) with the terms of their other private contracts on their own. Only when complying with the terms of the Agreement would cause a Participating Institution to violate an applicable law, regulation, or other governmental requirement is a Participating Institution eligible for consideration of an alternate approach.
Articles in this section
- Background on SMART IRB Agreement v2.0
- Background: Why are the revisions to the SMART IRB Agreement reflected in SMART IRB Agreement v2.0 necessary?
- Background: How will SMART IRB Agreement v2.0 allow NIH to collaborate with extramural organizations?
- Admninistrative Issues: If my institution has already joined SMART IRB Agreement v1.0, can my institution continue to use that Version 1.0?
- Administrative Issues: My institution is not serving as a Reviewing IRB for the NIH nor is it ceding IRB review to the NIH Intramural Research Program IRB. Does my institution need to sign SMART IRB Agreement v2.0?
- Administrative Issues: If my institution serves as a Reviewing IRB for the NIH engaged and for other institutions engaged in the Research, would all of the institutions engaged in that Research need to sign SMART IRB Agreement v2.0?
- Administrative Issues: Does my institution need to re-execute a Joinder Agreement to sign Version 2.0 of the SMART IRB Agreement?
- Administrative Issues: Re-execution of a Joinder Agreement to sign Agreement v2.0 & satisfaction of Section 1.2, HRPP Quality
- Administrative Issues: Does my institution need to document which version of the SMART IRB Agreement covers each of our reliance arrangements in effect?
- Reporting: How will reporting of noncompliance and unanticipated problems be handled by NIH?