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Proposed Regulations and Draft Guidances on
Good Clinical Practice and Clinical Trials

Draft regulations and guidances are documents that have been proposed, but FDA has not made a decision as to whether the proposal will be adopted in whole, in part, or not at all. Each FDA draft document lists how to submit comments to the agency concerning the draft.

The entries below are listed in order by publication date.

7/29/08: FDA announces the availability of the draft guidance entitled “Information Sheet Guidance for Sponsors, Clinical Investigators, and Institutional Review Boards on Frequently Asked Questions--Statement of Investigator (Form FDA 1572).

This guidance is intended to assist institutional review boards (IRBs), clinical investigators, and sponsors involved in clinical investigations of investigational drugs and biologics in completing the Statement of Investigator form (Form FDA 1572). Comments are due September 29, 2008

The Draft Guidance

5/10/07: FDA is announcing the availability of a draft guidance for industry entitled "Protecting the Rights, Safety and Welfare of Study Subjects- Supervisory Responsibilities of Investigators."

This draft guidance is intended to assist investigators in meeting their responsibilities with respect to protecting human subjects and ensuring the integrity of data in the conduct of clinical investigations.

Federal Register Notice [Federal Register Notice in PDF format]

4/9/07: The Food and Drug Administration (FDA) announces the availability of a draft guidance for industry entitled "Guidance for Clinical Investigators, Sponsors, and IRBs; Adverse Event Reporting-- Improving Human Subject Protection."

This guidance is intended to assist the research community in interpreting requirements for submitting reports of unanticipated problems, including certain adverse events reports, to the Institutional Review Board (IRB).

Submit comments on the draft guidance by June 8, 2007.

3/23/07: FDA drafts guidance on procedures for determining conflict of interest and eligibility of Advisory Committee members

Federal Register Notice

Federal Register Notice [PDF, 51KB]

The Food and Drug Administration (FDA) is announcing the availability of a draft document for the public, FDA advisory committee members, and FDA staff entitled "Guidance for the Public, FDA Advisory Committee Members, and FDA Staff: Procedures for Determining Conflict of Interest and Eligibility for Participation in FDA Advisory Committees" dated March 2007. This draft guidance describes the factors and analyses that should be used in considering whether an advisory committee member has a potential conflict of interest and whether participation in a meeting is appropriate.

Submit written or electronic comments on the draft guidance by May 21, 2007.

1/9/07: FDA announces the availability of the draft ICH guidance entitled "ICH E15 Terminology in Pharmacogenomics" (PDF, 36 KB)

12/14/06: FDA is proposing to amend its regulations on access to investigational new drugs for the treatment of patients (PDF, 3.7 MB)

Under the proposed rule, expanded access to investigational drugs for treatment use would be available to individual patients, including emergencies; intermediate-size patient populations; and larger populations under a treatment protocol or treatment IND.

Federal Register Notice [PDF version (1.3 MB)]

12/14/06: FDA is proposing to amend its IND regulation concerning charging patients for investigational drugs (PDF, 2.4 MB)

The proposed rule is intended to permit charging for a broader range of investigational and expanded uses than is explicitly permitted in current regulations.

Federal Register Notice [PDF version (1.3 MB)]

11/28/06:  FDA Extends the Comment Period on the Draft Guidance for Industry, Clinical Laboratories and FDA Staff on In Vitro Diagnostic Multivariate Index Assays [PDF 107 KB]

  Federal Register Notice.

Written or electronic comments on this draft guidance will be accepted until March 5, 2007.  [Submit electronic comments.]

11/28/06: FDA Extends the Comment Period on the Draft Guidance for Industry and FDA Staff on Commercially Distributed Analyte Specific Reagents (ASRs): Frequently Asked Questions Draft Guidance [PDF 213 KB]

Federal Register Notice
Written or electronic comments on this draft guidance will be accepted until March 5, 2007. [Submit electronic comments.

8/29/06: FDA Announces the Availability of a Draft Guidance Titled "Institutional Review Boards, Clinical Investigators, and Sponsors; Exception from Informed Consent Requirements for Emergency Research [PDF]

Federal Register Notice

Federal Register Notice in PDF format

Pre-publication document

Press Release (Aug. 29, 2006)

The Food and Drug Administration announces the availability of a draft guidance for IRBs, clinical investigators and sponsors on exception from informed consent requirements for emergency research (21 CFR 50.24). This draft guidance, when finalized, is intended to assist in the development and conduct of emergency research. It also describes the additional specific human subject protection requirements for emergency research.

Comments are due October 30, 2006. Submit electronic comments. (Docket No. 2006D-0331, OC 2006163)

2/3/06: The Food and Drug Administration (FDA) announces the availability of a draft guidance for industry entitled ``Patient-Reported Outcome Measures: Use in Medical Product Development to Support Labeling Claims.'' [PDF, 586 KB]

Federal Register [text]

Federal Register [PDF]

This document provides guidance to industry on the measurement of patient-reported outcomes (PROs) in studies to support medical product claims in approved labeling. The draft guidance describes how FDA evaluates PRO instruments used as effectiveness endpoints in clinical trials. It also describes our current thinking on how sponsors can develop and use PRO instruments to support claims in approved product labeling.

1/17/06: Withdrawal of the Advance Notice of Proposed Rulemaking entitled "Institutional Review Boards: Requiring Sponsors and Investigators to Inform Institutional Review Boards of Any Prior Institutional Review Boards Reviews"

Federal Register Notice [PDF]

After reviewing public comments on this ANPRM, FDA concluded that rulemaking on this matter was not warranted at this time. A notice withdrawing this ANPRM published in the Federal Register on Jan. 16, 2006. This notice can be found on FDA's Dockets Management Web site at www.accessdata.fda.gov/scripts/oc/ohrms/frbydocket.cfm.

The effective date for this withdrawal is February 16, 2006.

1/17/06: FDA announces the availability of a draft guidance for industry entitled "INDs--Approaches to Complying with CGMP During Phase 1"

Federal Register notice [PDF, 406KB]

This draft guidance is intended to assist persons producing drug and biological products (investigational drugs) for use during phase 1 development in complying with the relevant current good manufacturing practices regulations.

4/1/05: FDA announces the issuance of a draft guidance for industry entitled "Clinical Trial Endpoints for the Approval of Cancer Drugs and Biologics" [30KB PDF]

Draft Guidance

PDF Version of Draft Guidance [104KB PDF]

The FDA is developing guidance on oncology endpoints through a process that includes public workshops of oncology experts and discussions before the FDA's Oncologic Drugs Advisory Committee (ODAC). This guidance is the first in a planned series of cancer endpoint guidances. It provides background information and discusses general regulatory principles. The endpoints discussed in this guidance document are for drugs to treat patients with an existing cancer.

Comments can be submitted to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852 (Docket 2005D-0112).

[Submit electronic comments.]

7/6/04--FDA publishes proposed rule entitled "Institutional Review Boards; Registration Requirements"

PDF version [77KB PDF]

Pre-publication document [1.87MB PDF]

The Food and Drug Administration (FDA) is proposing to require institutional review boards (IRBs) to register at a site maintained by DHHS. The registration information would include contact information, the number of active protocols involving FDA-regulated products reviewed in the previous calendar year, and a description of the types of FDA-regulated products involved in the protocols reviewed. The proposed IRB registration requirement would make it easier for FDA to inspect IRBs and to convey information to IRBs.
Comments on the proposed rule (Docket # 2004N-0242) must be submitted by October 4, 2004.

[Submit electronic comments.]

6/10/04--FDA publishes proposed rule entitled "Human Subject Protection; Foreign Clinical Studies Not Conducted Under an Investigational New Drug Application"

PDF version [80KB PDF]

The Food and Drug Administration (FDA) is proposing to revise its regulations on its acceptance of foreign clinical studies not conducted under an investigational new drug application (IND) as support for an IND or marketing application for a drug or biological product. We are proposing to replace the requirement that such studies be conducted in accordance with ethical principles stated in the Declaration of Helsinki (Declaration) with a requirement that the studies be conducted in accordance with good clinical practice (GCP), including review and approval by an independent ethics committee (IEC). The proposed rule is intended to update the standards for the acceptance of nonIND foreign studies and to help ensure the quality and integrity of data obtained from such studies.

Submit written or electronic comments by September 8, 2004.You may submit comments, identified by Docket No. 2004N- 0018, by any of the following methods:

1/27/04--FDA published a Notice of Availability announcing the availability of a draft guidance entitled "Information Program on Clinical Trials for Serious or Life-Threatening Diseases and Conditions"

PDF version of the draft guidance

Microsoft Word version

FDA is revising its March 2002 guidance for industry of the same title to include guidance for sponsors who will be submitting information required by the Best Pharmaceuticals for Children Act. Written comments should be submitted to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Room 1061, Rockville, MD 20852. Electronic comments for Docket No. 2004D-0014 must be submitted by March 29, 2004.

[Submit electronic comments.]

6/18/03--FDA announces an extension until October 14, 2003, of the comment period for the proposed rule to amend the Agency's pre-and post marketing safety reporting requirements for human drugs and biologics. [See 3/14/03 entry below.] (Docket No. 00N-1484, CDER 2003101. Safety Reporting Requirements for Human Drug and Biological Products; Extension of Comment Period. Page 36527 [FR Doc. 03-15341])

PDF version of the announcement

3/14/03--FDA publishes Proposed Rule entitled "Safety Reporting Requirements for Human Drug and Biological Products"

PDF version of Federal Register Proposed Rule [667KB PDF]

Pre-Publication Federal Register [NOTE: This document] is over 475 pages (754K). If you use a modem, download before attempting to print.]

Submit comments on Info collection by April 14, 2003 and all others by July 14, 2003.

The Food and Drug Administration (FDA) is proposing to amend its pre- and postmarketing safety reporting regulations for human drug and biological products to implement definitions and reporting formats and standards recommended by the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH) and by the World Health Organization's (WHO's) Council for International Organizations of Medical Sciences (CIOMS); codify the agency's expectations for timely acquisition, evaluation, and submission of relevant safety information for marketed drugs and licensed biological products; require that certain information, such as domestic reports of medication errors, be submitted to the agency in an expedited manner; clarify certain requirements; and make other minor revisions. FDA is also proposing to amend its postmarketing annual reporting regulations for human drug and licensed biological products by revising the content for these reports.

Comments on this draft guidance submitted to Docket No. 00N-1484 are presently being reviewed within FDA.

1/2003: FDA publishes Draft Guidance for industry re: Estimating the Safe Starting Dose in Clinical Trials for Therapeutics in Adult Healthy Volunteers [Microsoft Word document]

FDA has published a draft guidance that outlines a process and vocabulary for deriving the maximum recommended starting dose (MRSD) for "first in human" clinical trials of new molecular entities in adult healthy volunteers and recommends a standardized process by which the MRSD can be selected. The purpose of this process is to ensure the safety of the human volunteers.

* Some of these documents are PDF files or Microsoft Word files. The PDF files can be viewed with the Adobe Acrobat Reader, which is free from the Adobe Website. Microsoft Word files can be viewed with that application or with a document viewer available free from the Microsoft Website. If you need additional information about viewing these types of files, please consult General Help for Accessing Files.

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