Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department (Board) of Juvenile Justice intends to consider amending 6VAC35-170, Minimum Standards for Research Involving Human Subjects or Records of the Department of Juvenile Justice. The purpose of the proposed action is to update the regulatory provisions to reflect administrative changes and promote best practice.

The department, through an advisory committee, anticipates the following changes: (i) clarify the definition of "minimal risk" to mirror the federal definition for prisoners; (ii) clarify the scope of the exemptions provided for in 6VAC35-170-90; (iii) expand and clarify the requirements for proposals for external research provided for in 6VAC35-170-100, including specific provisions for protecting confidentiality; (iv) require annual progress reports when the research is not completed within one year of approval; (v) clarify requirements for research proposals not involving human research, including aggregate data requests and collaborative research; (vi) clarify the conflict of interest provision when a member of the committee is seeking to conduct research by incorporating an abstention provision; (vii) strengthen the informed consent requirements provided for in 6VAC35-170-160; and (viii) clarify the requirements for reports of the findings of the study. Other changes may be made as a result of the review.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

This Notice of Intended Regulatory Action serves as the report of the findings of the regulatory review pursuant to § 2.2-4007.1 of the Code of Virginia.

Statutory Authority: §§ 66-10 and 66-10.1 of the Code of Virginia.

Public Comment Deadline: May 21, 2014.

Agency Contact: Barbara Peterson-Wilson, Regulatory and Policy Coordinator, Department of Juvenile Justice, 600 East Main Street, 20th Floor, P.O. Box 1110, Richmond, VA 23218, telephone (804) 588-3902, FAX (804) 371-6490, or email barbara.peterson-wilson@djj.virginia.gov.