Undertake a continuing review at the time of transfer, either by the convened IRB or
under an expedited review procedure, if appropriate. Continuing review may be
appropriate when the receiving IRB already has responsibility for a site in a multi-site
study (i.e., is familiar with the study because the receiving IRB has already reviewed and
approved the study protocol).
•
Not undertake a review until the next continuing review date. This option may be
most appropriate for transfers due to logistical, administrative, or economic reasons. In
practice, however, IRBs often choose to perform some sort of informal assessment to
ensure that the records appear to be in order and to help prepare for the continuing review
when it comes due. Because a request for IRB approval of a protocol or informed
consent change may occur even before the continuing review date, it is important to note
that receiving IRBs must perform either an initial or continuing review before approving
substantive changes to the research or the informed consent document to ensure that they
are sufficiently familiar with the study.
28
FDA regulations at 21 CFR part 56 make no provision for a grace period extending the conduct
of research beyond the expiration date of IRB approval. When the receiving IRB’s review of the
transferred research does not occur prior to the end of the approval period specified by the
original IRB, IRB approval expires automatically and all research activities involving human
subjects must stop. Enrollment of new subjects cannot occur after the expiration of IRB
approval.
29, 30
Overall, FDA expects that lapses of IRB approval will be a rare occurrence.
FDA reminds receiving IRBs that they also have the authority to suspend or terminate approval
of research in circumstances where the clinical investigation is not being conducted in
accordance with the receiving IRB’s requirements or has been associated with unexpected
serious harm to subjects.
31
The receiving IRB must promptly report any suspension or
termination of IRB approval, including the reasons for the action, to the clinical investigator,
27
21 CFR 812.66.
28
See 21 CFR 56.103(a), 21 CFR 56.108(a)(4), and 21 CFR 56.110(b)(2). There is an exception to this general
requirement: changes necessary to eliminate apparent immediate hazards to human subjects may be initiated
without IRB review and approval, as described in 21 CFR 56.108(a)(4).
29
See, e.g., 21 CFR 56.103(a).
30
For information regarding lapses in IRB approval and temporary continuing participation of already enrolled
subjects, see FDA’s guidance, “IRB Continuing Review after Clinical Investigation Approval,” available at:
http://www.fda.gov/downloads/RegulatoryInformation/Guidances/UCM294558.pdf
.
31
21 CFR 56.113.
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