On October 5, 2023, the DHHS Office of Research Integrity (ORI) released a Notice of Proposed Rulemaking (NPRM), which announces new or revised federal regulations and invites public comment. ORI’s NPRM revises the Public Health Services Policies on Research Misconduct (42 CFR Part 93), the federal regulations that define the process for receiving and addressing allegations of potential falsification, fabrication, and plagiarism in PHS-funded research. The PHS Policies create a national standard for the conduct of research misconduct proceedings (much like the Common Rule (45 CFR 42) creates the standard for human research protections) and were last revised in 2005. The IU Policy on Research Misconduct is largely based on these policies.
The NPRM proposes a number of changes that will impact how institutions like IU conduct inquiries and investigations into potential allegations of research misconduct. Proposed changes include:
- Addition of a number of definitions of important terms relevant to the research misconduct process
- Clarification of confidentiality provisions, specifically when institutions may need to share information about potential research misconduct or findings of research misconduct
- Formalization of the process for assessing potential new allegations
- Additional requirements for inquiry and investigation proceedings
- Potential for publication of institutional findings of research misconduct by ORI
Indiana University submitted a comment responding to the specific questions posed by ORI in the NPRM, commenting on the proposed revisions, and proposing additional edits to the revised language. Submitted comments are available for public review at https://www.regulations.gov/document/HHS-OASH-2023-0014-0001/comment.
If you’re interested in learning more about the NPRM, there are a number of publicly available resources:
- Full text of the NPRM
- Epstein Becker Green’s overview of proposed changes
- Hogan Lovells’ analysis of proposed changes
If you have questions or concerns about the NPRM or the research misconduct process, please contact the IU Research Integrity Office at rio@iu.edu.