mdi ConsultantsFDA announced an opportunity for public comment on the guidance document for informed consent for in vitro diagnostic device studies using leftover human specimens that are not individually identifiable. FDA regulations do not contain exceptions from the requirements of informed consent on the grounds that the specimens are not identifiable or that they are remnants of human specimens collected for routine clinical care or analysis that would otherwise have been discarded. Nor do FDA regulations allow IRBs to decide whether or not to waive informed consent for research involving leftover or unidentifiable specimens.
The guidance document outlines the circumstances in which FDA intends to exercise enforcement discretion as to the informed consent regulations for clinical investigators, sponsors, and IRBs. The recommendations of the guidance impose a minimal burden on industry. FDA estimates that 700 studies will be affected annually. Each study will result in one annual record, estimated to take 4 hours to complete. This results in a total recordkeeping burden of 2,800 hours (700 x 4 = 2,800).
Comments to FDA on the burden of this guidance must be submitted by December 22, 2015. Submit electronic comments in the following way: Federal eRulemaking Portal. Submit written/paper submissions as follows: Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
? Please contact us at info@mdiconsultants.com if you have further questions how to submit comments to FDA.
Ref: Informed Consent for In Vitro Diagnostic Device Studies