Section 46.407 - Research not otherwise approvable which presents an opportunity to understand, prevent, or alleviate a serious problem affecting the health or welfare of childrenHHS will conduct or fund research that the IRB does not believe meets the requirements of § 46.404 , § 46.405 , or § 46.406 only if:
(a) The IRB finds that the research presents a reasonable opportunity to further the understanding, prevention, or alleviation of a serious problem affecting the health or welfare of children; and(b) The Secretary, after consultation with a panel of experts in pertinent disciplines (for example: science, medicine, education, ethics, law) and following opportunity for public review and comment, has determined either:(1) That the research in fact satisfies the conditions of § 46.404 , § 46.405 , or § 46.406 , as applicable, or(2) The following:(i) The research presents a reasonable opportunity to further the understanding, prevention, or alleviation of a serious problem affecting the health or welfare of children;(ii) The research will be conducted in accordance with sound ethical principles;(iii) Adequate provisions are made for soliciting the assent of children and the permission of their parents or guardians, as set forth in § 46.408 .