21 CFR Part 50 · Protection of Human Subjects

21 CFR 50.22

Exception from informed consent requirements for minimal risk clinical investigations

21 CFR 50.22 is the regulation titled “Exception from informed consent requirements for minimal risk clinical investigations” in 21 CFR Part 50, Protection of Human Subjects. Since 2021, 3 FDA warning letters have cited it.

Letters citing it
3 since 2021
Jan 1 to Oct 30, 2026
3 against 0 on the same dates in 2025
Most often cited with
21 CFR 312.60, in 3 letters
Closed out
0% of these letters have a published close-out
See the 3 letters citing 21 CFR 50.22 →

Letters citing it, by year issued

All are drug letters. 2026 runs to Oct 30, 2026. Pick a year to see its letters.

  1. 02021
  2. 02022
  3. 02023
  4. 02024
  5. 02025
  6. 32026

What FDA writes when it cites it

The finding headings that cite 21 CFR 50.22 most often, as written in the letters.

  • 3 lettersYou failed to obtain informed consent in accordance with the provisions of 21 CFR part 50 [21 CFR 312.60 and 21 CFR 50.20]

The regulation

Read the text of 21 CFR 50.22 (eCFR, as of Sep 1, 2026)

The IRB responsible for the review, approval, and continuing review of the clinical investigation described in this section may approve an informed consent procedure that does not include or that alters some or all of the elements of informed consent set forth in § 50.25(a) and (b), or may waive the requirement to obtain informed consent, provided the IRB finds and documents the following:

(a) The clinical investigation involves no more than minimal risk to the subjects;

(b) The clinical investigation could not practicably be carried out without the requested waiver or alteration;

(c) If the clinical investigation involves using identifiable private information or identifiable biospecimens, the clinical investigation could not practicably be carried out without using such information or biospecimens in an identifiable format;

(d) The waiver or alteration will not adversely affect the rights and welfare of the subjects; and

(e) Whenever appropriate, the subjects or legally authorized representatives will be provided with additional pertinent information after participation.

[88 FR 88248, Dec. 21, 2023]

Text from eCFR as of Sep 1, 2026.

Cited alongside it

Regulations that appear in the same letters as 21 CFR 50.22.

Latest letters citing it

The 3 letters citing 21 CFR 50.22 that FDA posted most recently.

See the 3 letters citing 21 CFR 50.22 →
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