# 38 CFR § 16.108: IRB functions and operations > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-16.108 ## Section - **Citation:** 38 CFR § 16.108 - **Heading:** IRB functions and operations - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 16—PROTECTION OF HUMAN SUBJECTS ## Text (a) In order to fulfill the requirements of this policy each IRB shall: (1) Have access to meeting space and sufficient staff to support the IRB's review and recordkeeping duties; (2) Prepare and maintain a current list of the IRB members identified by name; earned degrees; representative capacity; indications of experience such as board certifications or licenses sufficient to describe each member's chief anticipated contributions to IRB deliberations; and any employment or other relationship between each member and the institution, for example, full-time employee, part-time employee, member of governing panel or board, stockholder, paid or unpaid consultant; (3) Establish and follow written procedures for: (i) Conducting its initial and continuing review of research and for reporting its findings and actions to the investigator and the institution; (ii) Determining which projects require review more often than annually and which projects need verification from sources other than the investigators that no material changes have occurred since previous IRB review; and (iii) Ensuring prompt reporting to the IRB of proposed changes in a research activity, and for ensuring that investigators will conduct the research activity in accordance with the terms of the IRB approval until any proposed changes have been reviewed and approved by the IRB, except when necessary to eliminate apparent immediate hazards to the subject. (4) Establish and follow written procedures for ensuring prompt reporting to the IRB; appropriate institutional officials; the department or agency head; and the Office for Human Research Protections, HHS, or any successor office, or the equivalent office within the appropriate Federal department or agency of (i) Any unanticipated problems involving risks to subjects or others or any serious or continuing noncompliance with this policy or the requirements or determinations of the IRB; and (ii) Any suspension or termination of IRB approval. (b) Except when an expedited review procedure is used (as described in § 16.110), an IRB must review proposed research at convened meetings at which a majority of the members of the IRB are present, including at least one member whose primary concerns are in nonscientific areas. In order for the research to be approved, it shall receive the approval of a majority of those members present at the meeting. (Approved by the Office of Management and Budget under Control Number 0990-0260) ## Nearby sections - [38 CFR § 18a.1 § 18a.1 Delegations of responsibility between the Secretary of Veterans Affairs and the Secretary, Department of Health and Human Services, and the Secretary, Department of Education.](https://www.frixlaw.com/law-library/statutes/ecfr-38-18a.1.md) - [38 CFR § 38.617 § 38.617 Prohibition of interment or memorialization of persons who committed certain Federal or State crimes.](https://www.frixlaw.com/law-library/statutes/ecfr-38-38.617.md) - [38 CFR § 38.630 § 38.630 Burial headstones and markers; medallions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-38.630.md) - [38 CFR § 38.633 § 38.633 Group memorial monuments.](https://www.frixlaw.com/law-library/statutes/ecfr-38-38.633.md) - [38 CFR § 38.634 § 38.634 Commemorative urns and plaques.](https://www.frixlaw.com/law-library/statutes/ecfr-38-38.634.md) - [38 CFR § 40.5 § 40.5 Federal interagency coordination.](https://www.frixlaw.com/law-library/statutes/ecfr-38-40.5.md) - [38 CFR § 40.7 § 40.7 Communicating with State and local officials concerning VA's programs and activities.](https://www.frixlaw.com/law-library/statutes/ecfr-38-40.7.md) - [38 CFR § 40.13 § 40.13 Waiver.](https://www.frixlaw.com/law-library/statutes/ecfr-38-40.13.md) - [38 CFR § 42.2 § 42.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.2.md) - [38 CFR § 42.3 § 42.3 Basis for civil penalties and assessments.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.3.md) - [38 CFR § 42.6 § 42.6 Prerequisites for issuing a complaint.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.6.md) - [38 CFR § 42.8 § 42.8 Service of complaint.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.8.md) - [38 CFR § 42.13 § 42.13 Parties to the hearing.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.13.md) - [38 CFR § 42.19 § 42.19 Prehearing conferences.](https://www.frixlaw.com/law-library/statutes/ecfr-38-42.19.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-16.108. Check the current official text before relying on it. Not legal advice.