I don't believe that 45 CFR 46 (DHHS regs for Human Subjects Protection) specifically addresses compensation to research subjects.  However people have already touched on two important components that are in the regs and they are voluntary participation and confidentiality.  We reimburse research subjects for their time, discomfort and travel.  Our IRBs look at the amount of compensation to make sure it is reasonable and would not be considered coercive.  Subjects are not reimbursed per hour of participation, they are reimbursed a specific amount for the visit and it is usually minimal $10 - $20.

Secondly, there is the confidentiality issue.  You only have to prepare a 1099 for non employee compensation over $600.  This is why many places will give the subjects cash and maintain an offline record of payments.  That way very few of the subjects even make it into the AP system.

Just based on voluntary participation and confidentiality, I would say there is no way you can say research subjects are employees.  That would bring a whole bunch of other problems, benefits, workers comp, etc.

Colleen

Colleen Corcoran
Clinical Research Administrator
Research Foundation for Mental Hygiene, Inc.
44 Holland Ave.
Albany, NY 12229
(518) 486-4244
(518) 474-6995 fax

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