(b)
Retention of IRB records.
Under FDA regulations, IRB records related to the review of a clinical investigation must
be retained for at least three (3) years after the completion of the research, and the records
must be accessible for inspection and copying by FDA at reasonable times and in a
reasonable manner.
16
Because FDA may require access to the records at any reasonable
time, it is important for the agency to know whether the original IRB, the receiving IRB,
the institution that housed the original IRB, a CRO or other responsible third party will
maintain the records once clinical investigation oversight has been transferred. The party
that assumes responsibility for the records is responsible for ensuring that they are
retained in accordance with 21 CFR 56.115(b).
As a general matter, the original and receiving IRBs have the flexibility to work out any
suitable arrangement for handling the transfer and maintenance of the records as long as
the records remain accessible for inspection and copying by authorized representatives of
FDA at reasonable times and in a reasonable manner. For example, the original IRB may
decide to transfer to the receiving IRB the records related to the clinical investigations
that are still active and retain the records for “closed” clinical investigations, or the
receiving IRB may choose to receive all of the records.
17
When the original and
receiving IRBs agree to share record retention responsibilities, FDA recommends that
14
Under some circumstances (e.g., if the original and transferring IRBs are located at the same institution), FDA
recognizes that the records may be stored in a mutually accessible location. Duplication of the study records would
not be necessary. If the files are mutually accessible, the IRBs should make appropriate arrangements for viewing
and using the files.
15
Under 21 CFR 56.115(a)(4), IRBs are required to keep copies of all correspondence between the IRB and the
investigator(s).
16
21 CFR 56.115(b). IRBs may have their own record-keeping requirements that supplement FDA’s requirements.
17
If storage space is a concern, the receiving IRB could, for example, scan the records as certified copies of the
originals so that they can be stored electronically, as long as the records remain accessible for inspection and
copying by FDA. For additional information, see FDA’s guidance, “Computerized Systems Used in Clinical
Investigations,” available at
http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM070266.pdf
.
|