FDA Wants More Informed Consent Flexibility
FDA says it wants to amend its regulations to implement a provision of the 21st Century Cures Act and add an exception to informed consent requirements for certain FDA-regulated clinical investigations that present no more than minimal risk to human research participants. If finalized, the proposed rule would allow the Institutional Review Board (IRB) responsible for the review and approval of the research to waive or alter certain elements of informed consent, or to waive the requirement to obtain informed consent entirely, under limited conditions.
To waive or alter informed consent under the proposal would require the IRB to make findings that have been included in a Common Rule waiver provision for minimal research risk for decades, FDA says. The agency says the Common Rule provision has provided appropriate safeguards to protect the rights, safety, and welfare of individuals participating in certain minimal risk research for over 25 years.
FDA says it will withdraw a related 2017 guidance if the proposed rule becomes final. It also is asking for input on the types of minimal risk clinical investigations for which sponsors or investigators would anticipate requesting a waiver or alteration of informed consent from the IRB.