Policy on Public Access of Minutes of Institutional Biosafety Meeting

I. PURPOSE

The purpose of this policy is to establish a procedure for responding to requests for public access to minutes of the New York Medical College (“NYMC” or “the College”) Institutional Biosafety Committee (“NYMC IBC”) in compliance with the National Institutes of Health (“NIH”) Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules.

II. POLICY

Upon request, NYMC IBC minutes shall be made available to the public however, redaction of certain protected information will be completed prior to public release consistent with the protection of privacy and proprietary interests. Redactions will be completed judiciously and consistently for all requested documents.

III. SCOPE

This policy applies to all requests for information from the NYMC IBC. 

IV. PROCEDURES

A. Requests for public access to the NYMC IBC meeting minutes must be forwarded to the Department of Environmental Health and Safety at nymc_ehs@nymc.edu.

B. The Department of Environmental Health and Safety will coordinate redaction of information necessary for the protection of privacy and proprietary interests including but not limited to:

1. Information that is likely to compromise institutional or national security.

2. Whether and/or where Select Agent work is ongoing.

3. Any information about Select Agent work that may compromise institutional security.

4. Laboratory locations.

5. Guest names.

6. Proprietary research information, trade secrets or confidential commercial information.

7. Personal information of researchers or NYMC IBC members.

8. Locations of laboratories and animal research facilities.

9. Medical information protected by HIPAA.

C. The following information will not be redacted from NYMC IBC meeting minutes:

1. Statements that NYMC IBC members have recused themselves from discussion or voting because of conflicts of interest.

2. Information related to risk assessment and containment levels as required by the NIH related to research

D. NYMC IBC shall work in conjunction with the Institutional Biosafety Officer, the Office of the Chief Counsel, and the Office of Institutional Compliance to review and respond to written comments received in response to a public review of meeting minutes in a manner consistent with this policy.

E. NYMC IBC shall forward all written public comments and any responses thereto to the NIH Office of Biotechnology Activities, in writing and in a timely manner, to the National Institute of Health, 6705 Rockledge Drive, Suite 750, MSC 7985, Bethesda, Maryland 20892-7985.

V. DEFINITIONS

A. Principal Investigator – an individual designated the College to direct the research project or program supported by an NIH grant.

B. Select Agent – a biological agent or toxin that has the potential to pose a severe threat to public health and safety, animal or plant health, or animal or plant product as defined under the Federal Select Agent Program (www.selectagents.gov).

C. HIPAA – Health Insurance Portability and Accountability Act of 1996.

VI. EFFECTIVE DATE

This policy is effective immediately. 

VII. POLICY MANAGEMENT

Executive Stakeholder: Chief Compliance Officer
Oversight Office: Department of Environmental Health and Safety