Vetting the ethics of research involving humans

Heading: Statute (2003:615) concerning the ethical vetting of research involving humans

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SFS number 2003:615

Ministry/authority: Ministry of Education and Cultural Affairs

Heading: Statute (2003:615) concerning the ethical vetting of research involving humans

Issued: 9 October 2003

Changes made: up to and including SFS 2008:351 

 

Introductory provisions  

 

Section 1

In this statute there are regulations issued in connection with the act concerning the ethical review of research involving humans (2003:460). The expressions and appellations used in that legislation have the same meaning in this statute. For ethical vetting in accordance with the law there are regional ethical review boards and the central ethical review board.  

 

The application process 

 

Section 2 

 

When several responsible research bodies participate in the same project, only one of the responsible research bodies is to apply for ethical vetting. The application is to be submitted by the responsible research body that is mainly responsible for the research project in question.

 

Section 3

 

The catchment areas for the regional ethical review boards are listed in annex 1.An application concerning research to be carried out by a state university or a state college is to be vetted by the regional ethical review board in the catchment area to which the responsible research body belongs. An application concerning research to be carried out by someone other than the responsible research body is to be vetted by the regional ethical review board within whose catchment area the responsible research body resides. If the responsible research body is resident in a country other than Sweden, or if the place of residence has not been established, the application is to be vetted by the board within whose catchment area the research will primarily be carried out.An application concerning research that is to be carried out within the catchment areas of several regional ethical review boards is to be vetted by the board within whose catchment area the responsible research body that is mainly responsible for the research project resides. If a responsible research body is not resident within a catchment area, the application is to be vetted by the board within whose catchment area the research will primarily be carried out. Section 4The regional ethical review board that has vetted an original application is also to vet an application that concerns an alteration subsequent to an approval being granted. This applies even if the central review board was the one to vet the original application.  

 

Advisory statements

Section 4 a

A regional ethical review board may issue advisory statements with respect to research concerning humans in those cases where the research is not covered by The Act concerning the Ethical Review of Research Involving Humans (2003:460). The board may also issue advisory statements with respect to work carried out as part of a programme of study at an institute of higher education at a basic or advanced level.Ordinance (2008:351) 

 

Section 4 b 

 

A request for an advisory statement is to be submitted to the regional ethical review board in the catchment area to which the responsible research body belongs, in accordance with this ordinance. The competent authority may also submit a request to another regional ethical review board.
Ordinance (2008:351)
 

 

Research that involves the donation of eggs 

 

Section 4 c 

If, in the course of its ethical review, an ethical review board decides to approve research that involves the donation of eggs, the board is to send a copy of the decision to the National Board of Health and Welfare.

Ordinance (2008:351) 

 

Processing times for applications 

 

Clinical trials of medicinal products 

 

Section 5 

In those cases where the application concerns the clinical examination of people to establish the traits of a pharmaceutical product (clinical trials of medicinal products), the regional ethical review board is to make its decisions within the times given in the table below. The time is calculated from the moment that a complete application is received by the proper regional ethical review board.  The application concerns

 

Number of days

 

Pharmaceutical products for gene therapy: 90

 

or somatic cell therapy or pharmaceutical products that contain genetically modified organisms 

 

in those cases where there are regulations  requiring the board to consult another authority:180  

 

Alteration according to section 4: 35

Xenogenic cell therapy: no time limit

Other clinical trials of medicinal products: 60 

 

Section 6 

 

One extension to the period of time stipulated in section 5 may be granted if the regional ethical review board requests additional information from the applicant. In such cases the number of days specified in section 5 is extended by the number of days that elapse from the time the information is requested until the time it has been received.

 

Section 7

 

The central ethical review board is to make its decision within the number of days specified in section 5 in cases concerning clinical trials of medicinal products that have been referred to it by a regional ethical review board in accordance with section 29 of the act concerning the ethical review of research involving humans (2003:460). This time is calculated from the moment that a complete application has been received by the correct regional ethical review board.  The time needed by the central ethical review board may be extended in the manner described in section 6, unless such a procedure has already been invoked in the case by the board which referred the matter.  

 

Other research 

 

Section 8 

 

When there is ethical vetting of other research than clinical trials of medicinal products, a regional ethical review board should make a decision within 60 days. When changes are made in accordance with section 4, the board should make a decision within 35 days.  

 

Referral of a case

 

Section 9

 

When a case is referred in accordance with section 29 of the act concerning the ethical review of research involving humans (2003:460), the regional ethical review board is to include a statement. The statement is to contain an account of the different opinions for and against an approval, that were expressed when the board met. In those cases where the board procured more information concerning the matter, this information is to be included in the statement. 

 

Entitlement to fees

 

Section 10

 

A regional ethical review board is entitled to levy fees for vetting a case in accordance with the act concerning the ethical review of research involving humans (2003:460). With respect to such fees the regulations in sections 11‑14 of the ordinance act (1992:191) should be implemented.A regional ethical review board is entitled to levy fees for such advisory statements described in 4 a §. With respect to such fees the regulations in section 11 – 13 §§ of the ordinance act (1992:191) should be implemented. Ordinance (2008:351)  

 

Section 11 

 

Fees in accordance with section 10 are divided into categories depending on what type of application is to be vetted. The fees are set out in annex 2 of this statute. 

 

Directives

 

Section 12

 

The Swedish Research Council may issue directives concerning exemptions to the requirement that approval should be granted during the course of the ethical vetting of research or the treatment of personal data in accordance with the act concerning the ethical review of research involving humans (2003:460) if it is clear that the research does not involve any noteworthy risk to the health or safety of an individual or any intrusion with respect to an individual's personal integrity.The Swedish Research Council may issue additional directives concerning the implementation not only of the act concerning the ethical review of research involving humans (2003:460), but also of this statute. 

 

Appeals

 

Section 13

 

There is no appeal against an advisory statement made in accordance with section 4 a

 

Decisions with respect to application fees in matters concerning advisory statements in accordance with section 4 a may be appealed against to the Central Ethical Review Board.
Ordinance (2008:351)
    

 

Transitional provisions 

 

2003:615

  • This statute comes into force on 1 January 2004
  • The regulations in sections 5‑7 are not to be applied to applications submitted prior to 1 May 2004 .

 Annex 1 

This annex lists the geographical catchment areas for the regional ethical review boards. The annex also lists catchment areas state universities and university colleges. For universities and colleges with any other principal there are regulations in section 3 paragraph 2.  

 

The regional ethical review board in Gothenburg 

Counties

Västra Götaland county

Universities and colleges

The University of Gothenburg

Borås University College  

Skövde University College University West  

 

The regional ethical review board in Linköping  

 

Counties

Östergötland County

Jönköping County

Kalmar County

Kronoberg County

Gotland County

Universities and colleges

The University of Linköping

Växjö University College

Gotland University College

Kalmar University College  

 

The regional ethical review board in Lund


Counties

Blekinge County

Scania County

Halland County

Universities and colleges

The University of Lund

Blekinge Institute of Technology

Halmstad University College

Kristianstad University College

Malmö University College  

 

The regional ethical review board in Stockholm  

 

Counties

Stockholm County

Södermanland County 

Universities and colleges

Stockholm University

Karolinska Institut

The Royal Institute of Technology

The University College of Dance

The University College of Film, Radio, Television and Theatre

The Swedish National Defence College

The Swedish School of Sport and Health Sciences

The University College of Arts, Crafts and Design

The Royal University College of Fine Arts

The Royal College of Music

The University College of Opera

Södertörn University College

The National Academy of Mime and Acting

 

The regional ethical review board in Umeå  

 

Counties

Västernorrland County

Jämtland County

Norrbotten County

Västerbotten County

Universities and colleges

Umeå University

Luleå University of Technology 

Mid Sweden University College  

 

The regional ethical review board in Uppsala  

Counties

Uppsala County

Värmland County

Örebro County

Västmanland County

Dalarna County

Gävleborg County

Universities and colleges

Uppsala University

Karlstad University

Örebro University

College Dalarna

University College Gävle

University College Mälardalen

University College The Swedish University of Agricultural Sciences
Ordinance (2007:1474)      

 

Annex 2

In this annex is listed the fees for reviewing an application for ethical vetting. 

 

 

 

Application width 

 

Fee 

 

concerns research in which only one responsible research body participates

 

5,000 Kronor 

concerns research in which more than one responsible research body participates 

 

16,000 Kronor 

concerns research in which more than one responsible research body participates, but in which all the researchers or subjects of research according to section 4 of the ethical review act concerning research involving humans (2003:460) have an immediate link to only one of the responsible research bodies

 

5,000 Kronor

only involves processing personal data 

 

5,000 Kronor 
concerns research involving clinical trials of medicinal products 
16,000 Kronor

concerns changes in accordance with section 4 

 

2,000 Kronor