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Revised Federal Policy for the Protection of Human Subjects

  • 1.  Revised Federal Policy for the Protection of Human Subjects

    Posted 04-Sep-2015 15:12
    The US DHHS with 15 other federal agencies announced the proposal to revise the federal policy for the protection of human subjects.

    You may refer to or download the revised rules (6 CFR Part 46) here.

    It is intended to to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was promulgated as a Common Rule in 1991.

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.


  • 2.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 06-Sep-2015 10:19

    Thanks, David. Great info. 

    ------------------------------
    Andrea Chamblee Esq., RAC, FRAPS.
    Silver Spring MD
    United States
    ------------------------------




  • 3.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 08-Sep-2015 07:52

    Federal Register publication: https://www.federalregister.gov/articles/2015/09/08/2015-21756/federal-policy-for-the-protection-of-human-subjects,

     

    Yours,

    Wajeeh

    _______________________________________________

    Wajeeh Bajwa, PhD

    Director Regulatory Affairs

    Clinical and Translational Science Institute

    University of Florida

    Room 3218, CTRB

    PO Box 200219, Gainesville FL 32610-0219

    Phone: 352-273-8702

    Fax: 352-273-8703

    E-mail: bajwa@ufl.edu">bajwa@ufl.edu

     

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  • 4.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 08-Sep-2015 08:36

    In my post, it was meant to mean "as for the DHHS, it is revising 45 CFR Part 46."

    On Sept. 8, 2015, the proposed rules are published in the Federal Register or at http://regulatorydoctor.us/proposed-rules-for-the-federal-policy-for-the-protection-of-human-subjects/

    This is rather important to the academic institutions.  Pharmaceutical industry may perceive this is not related to them as 21 CFR Part 50 is applicable. 

    For those working with IRBs, it is important to be aware of the proposed revised rules for many reasons. 

    For the past two years, I had few consulting cases pertaining to the pending proposed changes as for how it can affect the whole industry.  

    If you have any critical comments, please share your views and thoughts!  


    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 5.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 08-Sep-2015 09:02

    If a medical device manufacturer implants a device, does not obtain marketing approval and stops development, does the manufacturer have any legal, regulatory or moral obligation to the subjects who are walking around with the implant?

    What is standard of care for informed consent to protect subjects?

    ------------------------------
    Nancy Chew RAC
    President
    Regulatory Affairs, North America, Inc.
    Durham NC
    United States
    ------------------------------




  • 6.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 09-Sep-2015 09:27

    If a medical device manufacturer implants a device, does not obtain marketing approval and stops development, does the manufacturer have any legal, regulatory or moral obligation to the subjects who are walking around with the implant?

    People engaged in this conduct are generally subject to state laws against assault and battery and failure to warn, which can be criminal (fines/jail) as well as civil (damages). Compliance with FDA and Informed Consent pre-empt those state requirements (See Medtronic, Inc. v. Lohr, Riegel v. Medtronic)

    If the manufacturer/practitioner does not comply, s/he can be sued in every state where there was a patient, as well as lose any licenses to practice. Insurance would probably not protect the manufacturer, since any illegal acts are not covered. It sounds like a world of hurt.

    There are several cases involving the use of unapproved implants. The somewhat lurid criminal cases involving cosmetic surgery implants come to mind. http://www.dallasnews.com/news/crime/headlines/20150805-st.-louis-area-authorities-illegal-buttocks-injection-death-could-be-linked-to-dallas-case.ece

    What is standard of care for informed consent to protect subjects?

    Unlike general practice, where the standard is in the best interest of the patient, legally conducted clinical trials generally do not involve customizing treatment for the patient. The patient needs to be informed the protocol will be followed even when their individual case might merit a change in the regimen.

    The beginning of 21-st century saw an increased number of lawsuits related to human research: Grimes v Kennedy Krieger Institute; Robertson v. McGee, Gelsinger v. Trustees of the University of Pennsylvania, Weiss vs Solomon, Quinn v. Abiomed.

    Good luck!

    ------------------------------
    Andrea Chamblee Esq., RAC, FRAPS

    This information and views expressed are provided in my capacity as an FDA and compliance professor at Johns Hopkins and George Washington universities, and do not necessarily represent the official views of the agency or the United States. Consult the Agency for an official position.

    Silver Spring MD
    United States
    ------------------------------




  • 7.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 10-Sep-2015 07:21

    Interesting, I interpreted the original question totally differently, in that I assumed they had appropriate approvals for the study (IDE etc) but then chose not to move forward with commericializing the device. In this case, there are no laws about "marketing approvals" broken in any way. The situation can also come up in an FDA approved "compassionate use" device but very rarely.

    In either of these cases, the obligations to the patients are similar to those of any clinical study patient. The content should be a study consent or something very similar, which clearly states this is not a marketed device. When there are safety issues, or other complications, the consent should spell out how they will be dealt with.

    The few times I have run into this challenge, we have chosen to hold ourselves to the same obligations as we have with our approved devices.

    ------------------------------
    Ginger Glaser RAC
    Vice-President, Global Regulatory Affairs
    American Medical Systems Inc
    Minnetonka MN
    United States
    ------------------------------




  • 8.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 10-Sep-2015 12:10

    AHA - I see the question probably should have been interpreted as if a valid compliant study has ended.

    The protocol should have addressed how the subjects would be tracked and monitored and explanted if needed.  This is just as the labeling of an approved implant would be. If the protocol does not, that would be unusual these days; but you'll probably have to go back and update the informed consent to address this. Changed circumstances (new safety information, newly identified procedures) often require an update.

    ------------------------------
    Andrea Chamblee Esq., RAC, FRAPS

    This information and views expressed are provided in my capacity as an FDA and compliance professor at Johns Hopkins and George Washington universities, and do not necessarily represent the official views of the agency or the United States. Consult the Agency for an official position.

    Silver Spring MD
    United States
    ------------------------------




  • 9.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 10-Sep-2015 12:37
    For further info, I would recommend that interested parties refer to ISO 14155 Sections 4 and 7 to gain insight on the topic (e.g., what should be considered in real practices).

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 10.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 09-Sep-2015 09:53

    Hi, Nancy.  What a great question.  I will assume you are talking about a study conducted in the US under an IDE and that the approval not obtained was FDA approval.  I will also assume you are talking about a study sponsored by a device company, rather than a research institution or investigator, as the latter two may feel a high burden of responsibility than a company.

    I don't think Sponsors of IDE studies have any obligations to subjects.  Responsibility for the subjects falls first and foremost to PIs and secondarily to IRBs, not to Sponsors.  Sponsors are obligated to comply with FDA regulations, which include the obligation to provide PIs and IRBs with the information that PIs and IRBs need to ably discharge their obligations to subjects.

    Assuming the study was conducted in compliance with applicable regulations, then the subjects were informed that the device was not approved at the time it was implanted and they consented to having it implanted in their body anyway.  So nothing changes for the subjects, PI, or IRB if the Sponsor declines to pursue market approval or if FDA declines to approve the device.  They already knew the device was not approved.  If the subjects, PI, or IRB want to know what finally happened with the device, they can follow up on their own initiative.  Off the top of my head, I know of no requirement for the Sponsor to keep them informed, although I think most PIs will want to know and most Sponsors will keep them informed.

    This does not address a situation in which a subject might develop problems after the study that are potentially related to the implant.  I think that the responsibility of the Sponsor in this scenario is a civil litigation question rather than a regulatory question, and would have to be determined in a court of law.

    ------------------------------
    Julie Omohundro RAC
    Durham NC
    United States
    ------------------------------




  • 11.  RE: Revised Federal Policy for the Protection of Human Subjects

    Posted 10-Sep-2015 10:07
    Nancy,

    I consider your questions are very critical for all the firms to pause and consider their way of exercising their business practices during clinical trials or within the scope of your questions, to reflect the comments provided by Andrea.

    I would also recommend that RA professionals, if desired, should forward Andrea's comments to their legal counsel and/or compliance officer at your firm, not as a threat in any way, but to merely share Andrea's comments.

    WHY?

    A firm's total lack of awareness have led to patient deaths and serious injuries while delaying to withdraw ongoing clinical trials, eventually withdrawing all clinical trials in the US.  In this case, the clinical trials (withdrawn) falls into the question (IDE, implant, not FDA approved, clinical trials withdrawn).

    If any RA professionals would like to know about the case for your awareness purposes only, please email me at regulatorydoctor@gmail.com

    Then I will provide further info, to the extent, only known to the public.   

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.