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7/29/08: FDA announces the availability of the draft guidance entitled “Information Sheet Guidance for Sponsors, Clinical Investigators, and Institutional Review Boards on Frequently Asked Questions--Statement of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The Draft Guidance

5/10/07: FDA is announcing the availability of a draft guidance for industry entitled "Protecting the Rights, Safety and Welfare of Study Subjects- Supervisory Responsibilities of Investigators."

This draft guidance is intended to assist investigators in meeting their responsibilities with respect to protecting human subjects and ensuring the integrity of data in the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

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 This draft guidance describes the factors and analyses that should be used in considering whether an advisory committee member has a potential conflict of interest and whether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Submit written or electronic comments on the draft guidance by May 21, 2007.

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.

1/27/04--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.

* 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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