(a)
Availability of pertinent records.
With concurrence of the sponsor, the original IRB should make pertinent records
available to the receiving IRB.
12
This can be accomplished by providing the receiving
IRB with paper or electronic copies of the pertinent records.
13
It is important to note that
the sponsor’s concurrence is necessary because the records may contain confidential
commercial information. Alternatively, the receiving IRB may decide to obtain the
records directly from the clinical investigator and/or sponsor. If records are obtained in
this manner, the receiving IRB should also obtain meeting minutes from the original IRB
as this information may be critical to the receiving IRB’s assessment of the adequacy of
the previous review (e.g., discussion of controverted issues, quorum, etc). The receiving
IRB may choose to obtain records directly from the clinical investigator and/or sponsor,
11
Obtaining pertinent records about studies in advance of oversight transfer should help receiving IRBs meet their
procedural and review obligations for the studies once transfer is complete. For example, under 21 CFR 56.108(a)
and (b), IRBs must follow written procedures for certain review activities; these written procedures may be an
important resource for determining the records that should be transferred.
12
In some cases, sponsors may not agree to the transfer of records to a proposed IRB. In such cases, the sponsor
and/or investigator should work expeditiously to arrange for oversight by another IRB.
13
For more information on creating, maintaining, and archiving electronic records for regulatory purposes, see
FDA’s guidance, “Computerized Systems Used in Clinical Investigations,” available at
http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM070266.pdf
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