[Code of Federal Regulations] [Title 45, Volume 1] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 45CFR46.401] [Page 120] TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES PART 46--PROTECTION OF HUMAN SUBJECTS--Table of Contents Subpart D--Additional Protections for Children Involved as Subjects in Research Sec. 46.401 To what do these regulations apply? Source: 48 FR 9818, Mar. 8, 1983, unless otherwise noted. (a) This subpart applies to all research involving children as subjects, conducted or supported by the Department of Health and Human Services. (1) This includes research conducted by Department employees, except that each head of an Operating Division of the Department may adopt such nonsubstantive, procedural modifications as may be appropriate from an administrative standpoint. (2) It also includes research conducted or supported by the Department of Health and Human Services outside the United States, but in appropriate circumstances, the Secretary may, under paragraph (e) of Sec. 46.101 of Subpart A, waive the applicability of some or all of the requirements of these regulations for research of this type. (b) Exemptions at Sec. 46.101(b)(1) and (b)(3) through (b)(6) are applicable to this subpart. The exemption at Sec. 46.101(b)(2) regarding educational tests is also applicable to this subpart. However, the exemption at Sec. 46.101(b)(2) for research involving survey or interview procedures or observations of public behavior does not apply to research covered by this subpart, except for research involving observation of public behavior when the investigator(s) do not participate in the activities being observed. (c) The exceptions, additions, and provisions for waiver as they appear in paragraphs (c) through (i) of Sec. 46.101 of Subpart A are applicable to this subpart. [48 FR 9818, Mar. 8, 1983; 56 FR 28032, June 18, 1991; 56 FR 29757, June 28, 1991]