45 C.F.R. § 46.122
Use of Federal funds
Federal funds administered by a Federal department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied.
Notes of Decisions
Cited in 6
cases (4 in the last 5 years), 2002–2025 · leading case: Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011).
Bonds v. Leavitt, 629 F.3d 369 (4th Cir. 2011). “116 (2010) (providing that “[ejxcept as provided elsewhere in this policy, no investigator may involve a human being as a subject in research covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or of the subject’s…”
Wright v. Fred Hutchinson Cancer Rsch. Ctr., 269 F. Supp. 2d 1286 (W.D. Wash. 2002). “5 , 45 C.F.R. § 46.122 ). Where a statute is not focused on the individual benefítted, the courts “rarely impute to Congress an intent to create a private right of action.”
Timken v. South Denver Cardiology Assocs. (10th Cir. 2025). “§ 980 , and 45 C.F.R. § 46.122 were each passed pursuant to Congress’s Article I spending power and confer § 1983-enforceable rights that the appellees violated.”
Sweeney v. Univ. of Colorado Hosp. Auth. (10th Cir. 2025). “§ 980 , and 45 C.F.R. § 46.122 were each passed pursuant to Congress’s Article I spending power and confer § 1983-enforceable rights that the appellees violated.”
Bridges v. The Methodist Hosp. (S.D. Tex. 2024). “§ 360bbb-3; 45 C.F.R. § 46.122 ; and 10 U.S.C. § 980 .”
Boysen v. Peacehealth (D. Or. 2024). “§ 1983 – Spending Clause In Count Five, Plaintiffs claim that the CDC Covid Vaccination Provider Program, 45 CFR §46.122 , 10 U.S.C. § 980 , the Fourteenth Amendment, and 21 U.”
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