Forms FDA 3988 and 3989 Guidance

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FDA has published a guidance, Annual Status Report Information and Other Submissions for Postmarketing Requirements and Commitments: Using Forms FDA 3988 and FDA 3989, to give information to applicants that are required to report annually on the status of postmarketing studies and clinical trials for human drug and biological products under Section 506B of the Federal Food, Drug, and Cosmetic Act (FFDCA) and its implementing regulations. The document describes the purpose and content of form FDA 3988, Transmittal of PMR/PMC Submissions for Drugs and Biologics, and form FDA 3989, PMR/PMC Annual Status Report for Drugs and Biologics, including when to use the forms and how to submit them.

FDA says the guidance does not apply to postmarketing studies or clinical trials that are not subject to the reporting requirements of Section 506B of the FFDCA. Thus, it does not apply to voluntary studies or clinical trials conducted by an applicant or on an applicant’s behalf that are neither required nor agreed upon in writing. It also does not apply to chemistry, manufacturing, and controls commitments and stability studies that are not subject to Section 506B requirements.

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