Revised Expanded Access Q&A Guidance

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FDA has issued a revised draft guidance, Expanded Access to Investigational Drugs for Treatment Use Questions and Answers, with updated information for industry, researchers, physicians, institutional review boards (IRBs), and patients about the implementation of the agency’s regulations on expanded access to investigational drugs for treatment use under an IND. The document, in question-and-answer format, updates a 6/2016 guidance that was previously updated in 10/2017.

FDA says that since 2017 it has received additional questions concerning the implementation of the regulatory and statutory requirements of expanded access to investigational drugs, including those added by the 21st Century Cures Act and the FDA Reauthorization Act (FDARA) of 2017.

“Significant changes from the 2017 version include additional recommendations related to IRB review, informed consent, and new requirements established by the Cures Act and FDARA related to sponsors making their policies for evaluating and responding to expanded access requests public and readily available,” the draft says.

FDA says separate guidances answer questions concerning the implementation of the regulation on charging for investigational drugs under an IND and the use of form FDA-3926 in submitting expanded access requests for individual patient INDs.

When finalized, this draft will replace the 2017 version, FDA says.

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