Contains Nonbinding Recommendations
3
sponsor in clinical investigations of medical devices.
5
In practice, however, the party that
actually initiates the transfer process varies depending on the circumstances necessitating the
transfer and the parties involved. For example, an institution’s IRB may decide to transfer
oversight for its pediatric clinical investigations to an IRB with such expertise within the same
institution. Whoever initiates the transfer of oversight, the clinical investigator and sponsor
continue to be responsible for their respective regulatory obligations (e.g., making any
modifications to the informed consent document required by the receiving IRB).
6
Although FDA regulations at 21 CFR parts 50, 56, 312, and 812 do not specifically address the
issue of transfer of oversight from one IRB to another, the requirements governing review,
oversight, and conduct of clinical investigations apply nonetheless. While this guidance provides
recommendations to facilitate such a transfer, it does not create or imply new requirements
and/or responsibilities for IRBs, sponsors, or clinical investigators.
Transfers of IRB oversight of a clinical investigation may occur for a number of different
reasons, including cessation of IRB operations, consolidation of multiple IRBs into a single IRB,
temporary inability of an IRB to meet its obligations, or as a result of IRB non-compliance.
Specific examples include:
•
A medical school decides to transfer oversight responsibility for a category of its clinical
investigations (e.g., drug research, device research) to another IRB.
•
A hospital’s IRB realizes it has an excessive workload, but the institution does not want
to establish an additional IRB and transfers oversight of some clinical investigations to
another IRB.
•
A large multi-campus university decides to consolidate its human subject protection
system by closing one or more of its existing IRBs and transfers oversight to an
independent IRB.
•
A small institution has an insufficient number of clinical investigations to justify
maintaining its own IRB and decides to cease operations of its IRB and transfer oversight
of its clinical investigations to another IRB.
•
A sponsor decides to transfer IRB oversight from one IRB to another.
•
Financial or other considerations cause an IRB to cease operations.
•
An institution realizes its current IRBs are overburdened and establishes another IRB to
share the workload.
•
A fire, flood, or other disaster temporarily prevents an IRB from fulfilling its
review/oversight responsibilities.
•
An IRB is subject to administrative actions under 21 CFR 56.120 or has been disqualified
under 21 CFR 56.121.
7
•
A sponsor decides to transfer a clinical investigation when an investigator moves to a
new research site.
5
21 CFR 812.40.
6
See, e.g., 21 CFR 56.109, 21 CFR 312.66, and 21 CFR 812.40.
7
21 CFR 56.121(b) provides that an IRB may be disqualified if FDA determines that the IRB has refused or
repeatedly failed to comply with the applicable regulatory requirements and the noncompliance adversely affects the
rights or welfare of the human subjects in a clinical investigation.
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