Can someone perform the functions of an IACUC Chair as a non-member or as a non-voting member of the committee? From a regulatory standpoint, there is no distinction between a non-member and non-voting IACUC member. The Animal Welfare Act and Regulations1 state, “The IACUC may invite consultants [...who] may not approve or withhold approval of an activity, and may not vote with the IACUC unless they are also members of the IACUC.” The IACUC may refer to consultants or other experts who are invited to the committee meetings as non-voting members, but there is no regulatory definition of the term. Furthermore, regulations only require that voting members are appointed; therefore, the appointment of the dean as Chair implies, unless otherwise specified, that the dean is a voting member.

Notwithstanding the commentary above, the institution currently needs to abide by only the Public Health Service (PHS) Policy on Humane Care and Use of Laboratory Animals2, which does not specifically require IACUC membership for the Chair, unless the PHS Assurance was written to also comply with the Animal Welfare Act and Regulations1. The Chair must also be named on the Assurance document, which implies committee membership, even if this is not explicitly stated. There is little regulatory guidance regarding the Chair's duties, except for designating members for review1. Being a non-member would excuse the Chair from voting, performing designated member reviews, calling full committee reviews and signing semi-annual reports. It would not excuse the Chair from the implied (not mandated) obligation of attending all the meetings (in the absence of a Deputy Chair)3. There is also an implied expectation that the Chair will share in the burden of work of the IACUC members, thereby necessitating membership. Moreover, the material reviewed by the IACUC, including concerns about animal welfare, carries with it a legal obligation of confidentiality; having a Chair who is not a member of the IACUC could be perceived as an attempt to circumvent this requirement3. Finally, it is difficult to fathom how a Chair could perform some of the higher-level functions of the position, including being a spokesperson for the IACUC and the institutional animal care program, without being an IACUC member. If the Chair is not part of the decision-making process, then she cannot be responsible for the decisions, leaving the IACUC with a leader in name only.

Although there are no specific prohibitions against individuals filling more than one role on the IACUC, the Office of Laboratory Animal Welfare strongly recommends against it, in part owing to the appearance of conflict of interest4. This would be especially true if functions normally performed by the Chair fell to the consulting veterinarian. A better solution might be to establish a consortium or similar arrangement with nearby organizations4 or to hire an experienced IACUC professional. This person could act as trainer, record-keeper, coordinator and counsel to Principal Investigators and to the IACUC on protocol and regulatory issues. Doing so would take most of the administrative burden off the Chair, making it easier for the dean or a senior faculty member to assume an active role on the committee.

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