(7) Notifying the key parties.
As discussed above, all key parties involved in the transfer of oversight (e.g., clinical
investigator, sponsor, and original and receiving IRBs) should discuss their respective
responsibilities before implementing the transfer. In addition, the sponsor should notify pertinent
entities involved in the clinical investigation (e.g., institutional members, Data Safety Monitoring
Board, CRO), as and when appropriate. After IRB transfer of oversight for the clinical
investigation is complete, the sponsor must update the associated IND
40
or IDE
41
with the name
and contact information of the receiving IRB and should include the effective date of transfer.
For studies for which the original IRB acts as a central IRB, those local institutions/IRBs that
have written agreements with the original IRB (to transfer review responsibility to that original
IRB) should be notified that responsibility for the study is now being transferred to a new central
IRB (receiving IRB). We recommend that those local institutions/IRBs be given the option to
enter into new written agreements with the receiving IRB or opt out of the central review
arrangement if they do not believe central review by the receiving IRB is appropriate for their
local institution (e.g., are concerned about the ability of the receiving IRB to adequately address
local issues).
42
Additionally, when an IRB declines to accept oversight of a clinical investigation, FDA
recommends that the IRB notify the appropriate party(ies) who initiated the transfer process
(refer to page 3 for further information; parties responsible for initiating the transfer may not be
those responsible for securing IRB review) to enable the clinical investigator and/or sponsor to
make alternate arrangements for IRB review.
36
FDA does not require subjects who are already enrolled (whether or not they are active) to be re-consented for
such minor changes; however, IRBs may choose to do so.
37
21 CFR 50.25(a)(7).
38
21 CFR 56.109(a) and (b).
39
See, e.g., 21 CFR 56.109(a), 21 CFR 312.31, and 21 CFR 812.35.
40
21 CFR 312.31(a).
41
21 CFR 812.35(a)(4).
42
For more information on the responsibilities of central IRBs and local institutions/IRBs with respect to central
IRB review, see “Using a Centralized IRB Review Process in Multicenter Clinical Trials,” available at:
http://www.fda.gov/RegulatoryInformation/Guidances/ucm127004.htm
.
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