Finalized Informed Consent Guidance Analyzed
Three Ropes & Gray attorneys say an FDA 8/15 final guidance on informed consent “illustrates a continuing trend toward modernization of clinical research through adoption of risk-based positions that attempt to reduce administrative burden while maintaining protections for human subjects.” Their online Alert also says FDA gives increased guidance on how new technologies can be incorporated into the informed consent process and the interaction between FDA regulations and other bodies of law, including HIPAA and standards for financial conflicts of interest.
“Sponsors, institutions, institutional review boards (IRB), and investigators can expect additional changes to FDA’s informed consent regulations and guidance upon FDA issuing the final rule on harmonization with the HHS Common Rule (Federal Policy for the Protection of Human Subjects) and the final rule on waiver of informed consent,” the attorneys conclude.
The analysis concentrates on areas in which FDA has modified its position from that in a 2014 draft guidance. Key concepts it covers are:
- streamlining IRB review of informed consent forms;
- communicating new information to subjects;
- investigator conflicts of interest;
- template/model informed consent forms;
- sponsor-subject interactions; and
- enrollment in multiple investigations.