97-12138. International Conference on Harmonisation; Good Clinical Practice: Consolidated Guideline; Availability  

  • [Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
    [Notices]
    [Pages 25692-25709]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-12138]
    
    
    
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    Part II
    
    
    
    
    
    Department of Health and Human Services
    
    
    
    
    
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    Food and Drug Administration
    
    
    
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    International Conference on Harmonisation; Good Clinical Practice: 
    Consolidated Guideline; Notice of Availability
    
    Federal Register / Vol. 62, No. 90 / Friday, May 9, 1997 / Notices
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    [Docket No. 95D-0219]
    
    
    International Conference on Harmonisation; Good Clinical 
    Practice: Consolidated Guideline; Availability
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Notice.
    
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    SUMMARY: The Food and Drug Administration (FDA) is publishing a 
    guideline entitled ``Good Clinical Practice: Consolidated Guideline.'' 
    The guideline was prepared under the auspices of the International 
    Conference on Harmonisation of Technical Requirements for Registration 
    of Pharmaceuticals for Human Use (ICH). The guideline is intended to 
    define ``Good Clinical Practice'' and to provide a unified standard for 
    designing, conducting, recording, and reporting trials that involve the 
    participation of human subjects. The guideline also describes the 
    minimum information that should be included in an Investigator's 
    Brochure (IB) and provides a suggested format. In addition, the 
    guideline describes the essential documents that individually and 
    collectively permit evaluation of the conduct of a clinical study and 
    the quality of the data produced.
    
    DATES:  Effective May 9, 1997. Written comments may be submitted at any 
    time.
    
    ADDRESSES: Submit written requests for single copies of ``Good Clinical 
    Practice: Consolidated Guideline'' to the Drug Information Branch (HFD-
    210), Center for Drug Evaluation and Research, Food and Drug 
    Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4573. 
    Send two self-addressed adhesive labels to assist that office in 
    processing your requests. Submit written comments on the guideline to 
    the Dockets Management Branch (HFA-305), Food and Drug Administration, 
    12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. Two copies of any 
    comments are to be submitted, except that individuals may submit one 
    copy. The ``Good Clinical Practice: Consolidated Guideline'' and 
    received comments are available for public examination in the Dockets 
    Management Branch (address above) between 9 a.m. and 4 p.m., Monday 
    through Friday.
    
    FOR FURTHER INFORMATION CONTACT:
        Regarding the guideline: Bette L. Barton, Center for Drug 
    Evaluation and Research (HFD-344), Food and Drug Administration, 7500 
    Standish Pl., Rockville, MD 20855, 301-594-1032.
        Regarding ICH: Janet J. Showalter, Office of Health Affairs (HFY-
    20), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 
    20857, 301-827-0864.
    
    SUPPLEMENTARY INFORMATION: In recent years, many important initiatives 
    have been undertaken by regulatory authorities and industry 
    associations to promote international harmonization of regulatory 
    requirements. FDA has participated in many meetings designed to enhance 
    harmonization and is committed to seeking scientifically based 
    harmonized technical procedures for pharmaceutical development. One of 
    the goals of harmonization is to identify and then reduce differences 
    in technical requirements for drug development among regulatory 
    agencies.
        ICH was organized to provide an opportunity for tripartite 
    harmonization initiatives to be developed with input from both 
    regulatory and industry representatives. FDA also seeks input from 
    consumer representatives and others. ICH is concerned with 
    harmonization of technical requirements for the registration of 
    pharmaceutical products among three regions: The European Union, Japan, 
    and the United States. The six ICH sponsors are the European 
    Commission, the European Federation of Pharmaceutical Industries 
    Associations, the Japanese Ministry of Health and Welfare, the Japanese 
    Pharmaceutical Manufacturers Association, the Centers for Drug 
    Evaluation and Research and Biologics Evaluation and Research, FDA, and 
    the Pharmaceutical Research and Manufacturers of America. The ICH 
    Secretariat, which coordinates the preparation of documentation, is 
    provided by the International Federation of Pharmaceutical 
    Manufacturers Associations (IFPMA).
        The ICH Steering Committee includes representatives from each of 
    the ICH sponsors and the IFPMA, as well as observers from the World 
    Health Organization, the Canadian Health Protection Branch, and the 
    European Free Trade Area.
        In the Federal Register of August 17, 1995 (60 FR 42948), FDA 
    published a draft tripartite guideline entitled ``Good Clinical 
    Practice.'' In the Federal Register of August 9, 1994, FDA published 
    draft tripartite guidelines entitled ``Guideline for the Investigator's 
    Brochure'' (59 FR 40772) and ``Guideline for Essential Documents for 
    the Conduct of a Clinical Study'' (59 FR 40774). The notices gave 
    interested persons an opportunity to submit comments.
        After consideration of the comments received and revisions to the 
    guidelines, the three guidelines were consolidated into one guideline 
    on good clinical practice. The consolidated guideline was submitted to 
    the ICH Steering Committee and endorsed by the three participating 
    regulatory agencies at the ICH meeting held on April 30, 1996.
        The guideline defines ``Good Clinical Practice'' and provides a 
    unified standard for designing, conducting, recording, and reporting 
    trials that involve the participation of human subjects. Compliance 
    with Good Clinical Practice provides public assurance that the rights, 
    well-being, and confidentiality of trial subjects are protected and 
    that trial data are credible. The guideline should be followed when 
    generating clinical data that are intended to be submitted to 
    regulatory authorities. The principles established in this guideline 
    should also be applied to other investigations that involve therapeutic 
    intervention in, or observation of, human subjects.
        The guideline also describes the minimum information that should be 
    included in an IB, such as information on the drug's physical, 
    chemical, and pharmaceutical properties, and its effect in humans; a 
    suggested format for the IB is also provided. The guideline also 
    describes the purpose of essential documents in a clinical study and 
    explains whether the documents should be filed in the investigator's 
    files or the sponsor's files.
        This guideline represents the agency's current thinking on good 
    clinical practices. It does not create or confer any rights for or on 
    any person and does not operate to bind FDA or the public. An 
    alternative approach may be used if such approach satisfies the 
    requirements of the applicable statutes, regulations, or both.
        As with all of FDA's guidelines, the public is encouraged to submit 
    written comments with new data or other new information pertinent to 
    this guideline. The comments in the docket will be periodically 
    reviewed, and, where appropriate, the guideline will be amended. The 
    public will be notified of any such amendments through a notice in the 
    Federal Register.
        Interested persons may, at any time, submit to the Dockets 
    Management Branch (address above) written comments on the guideline. 
    Two copies of any comments are to be submitted, except that individuals 
    may submit one copy. Comments are to be identified with the docket 
    number found in brackets in the heading of this
    
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    document. A copy of the guideline and received comments may be seen in 
    the office above between 9 a.m. and 4 p.m., Monday through Friday.
        An electronic version of this guideline is available via Internet. 
    Type http://www.fda.gov/cder and go to the ``Regulatory Guidance'' 
    section.
        The text of the guideline follows:
    
    Good Clinical Practice: Consolidated Guideline
    
    Table of Contents
    
    Introduction
    1. Glossary
    2. The Principles of ICH CGP
    3. Institutional Review Board/Independent Ethics Committee (IRB/IEC)
        3.1 Responsibilities
        3.2 Composition, Functions, and Operations
        3.3 Procedures
        3.4 Records
    4. Investigator
        4.1 Investigator's Qualifications and Agreements
        4.2 Adequate Resources
        4.3 Medical Care of Trial Subjects
        4.4 Communication with IRB/IEC
        4.5 Compliance with Protocol
        4.6 Investigational Product(s)
        4.7 Randomization Procedures and Unblinding
        4.8 Informed Consent of Trial Subjects
        4.9 Records and Reports
        4.10 Progress Reports
        4.11 Safety Reporting
        4.12 Premature Termination or Suspension of a Trial
        4.13 Final Report(s) by Investigator/Institution
    5. Sponsor
        5.1 Quality Assurance and Quality Control
        5.2 Contract Research Organization (CRO)
        5.3 Medical Expertise
        5.4 Trial Design
        5.5 Trial Management, Data Handling, Recordkeeping, and 
    Independent Data Monitoring Committee
        5.6 Investigator Selection
        5.7 Allocation of Duties and Functions
        5.8 Compensation to Subjects and Investigators
        5.9 Financing
        5.10 Notification/Submission to Regulatory Authority(ies)
        5.11 Confirmation of Review by IRB/IEC
        5.12 Information on Investigational Product(s)
        5.13 Manufacturing, Packaging, Labeling, and Coding 
    Investigational Product(s)
        5.14 Supplying and Handling Investigational Product(s)
        5.15 Record Access
        5.16 Safety Information
        5.17 Adverse Drug Reaction Reporting
        5.18 Monitoring
          5.18.1 Purpose
          5.18.2 Selection and Qualifications of Monitors
          5.18.3 Extent and Nature of Monitoring
          5.18.4 Monitor's Responsibilities
          5.18.5 Monitoring Procedures
          5.18.6 Monitoring Report
        5.19 Audit
          5.19.1 Purpose
          5.19.2 Selection and Qualification of Auditors
          5.19.3 Auditing Procedures
        5.20 Noncompliance
        5.21 Premature Termination or Suspension of a Trial
        5.22 Clinical Trial/Study Reports
        5.23 Multicenter Trials
    6. Clinical Trial Protocol and Protocol Amendment(s)
        6.1 General Information
        6.2 Background Information
        6.3 Trial Objectives and Purpose
        6.4 Trial Design
        6.5 Selection and Withdrawal of Subjects
        6.6 Treatment of Subjects
        6.7 Assessment of Efficacy
        6.8 Assessment of Safety
        6.9 Statistics
        6.10 Direct Access to Source Data/Documents
        6.11 Quality Control and Quality Assurance
        6.12 Ethics
        6.13 Data Handling and Recordkeeping
        6.14 Financing and Insurance
        6.15 Publication Policy
        6.16 Supplements
    7. Investigator's Brochure
        7.1 Introduction
        7.2 General Considerations
          7.2.1 Title Page
          7.2.2 Confidentiality Statement
        7.3 Contents of the Investigator's Brochure
          7.3.1 Table of Contents
          7.3.2 Summary
          7.3.3 Introduction
          7.3.4 Physical, Chemical, and Pharmaceutical Properties and 
    Formulation
          7.3.5 Nonclinical Studies
          7.3.6 Effects in Humans
          7.3.7 Summary of Data and Guidance for the Investigator
        7.4 Appendix 1
        7.5 Appendix 2
    8. Essential Documents for the Conduct of a Clinical Trial
        8.1 Introduction
        8.2 Before the Clinical Phase of the Trial Commences
        8.3 During the Clinical Conduct of the Trial
        8.4 After Completion or Termination of the Trial
    
    Introduction
    
        Good clinical practice (GCP) is an international ethical and 
    scientific quality standard for designing, conducting, recording, and 
    reporting trials that involve the participation of human subjects. 
    Compliance with this standard provides public assurance that the 
    rights, safety, and well-being of trial subjects are protected, 
    consistent with the principles that have their origin in the 
    Declaration of Helsinki, and that the clinical trial data are credible.
        The objective of this ICH GCP Guideline is to provide a unified 
    standard for the European Union (EU), Japan, and the United States to 
    facilitate the mutual acceptance of clinical data by the regulatory 
    authorities in these jurisdictions.
        The guideline was developed with consideration of the current good 
    clinical practices of the European Union, Japan, and the United States, 
    as well as those of Australia, Canada, the Nordic countries, and the 
    World Health Organization (WHO).
        This guideline should be followed when generating clinical trial 
    data that are intended to be submitted to regulatory authorities.
        The principles established in this guideline may also be applied to 
    other clinical investigations that may have an impact on the safety and 
    well-being of human subjects.
    1. Glossary
    1.1 Adverse Drug Reaction (ADR)
        In the preapproval clinical experience with a new medicinal 
    product or its new usages, particularly as the therapeutic dose(s) 
    may not be established, all noxious and unintended responses to a 
    medicinal product related to any dose should be considered adverse 
    drug reactions. The phrase ``responses to a medicinal product'' 
    means that a causal relationship between a medicinal product and an 
    adverse event is at least a reasonable possibility, i.e., the 
    relationship cannot be ruled out.
        Regarding marketed medicinal products: A response to a drug that 
    is noxious and unintended and that occurs at doses normally used in 
    man for prophylaxis, diagnosis, or therapy of diseases or for 
    modification of physiological function (see the ICH Guideline for 
    Clinical Safety Data Management: Definitions and Standards for 
    Expedited Reporting).
    1.2 Adverse Event (AE)
        An AE is any untoward medical occurrence in a patient or 
    clinical investigation subject administered a pharmaceutical product 
    and that does not necessarily have a causal relationship with this 
    treatment. An AE can therefore be any unfavorable and unintended 
    sign (including an abnormal laboratory finding), symptom, or disease 
    temporally associated with the use of a medicinal (investigational) 
    product, whether or not related to the medicinal (investigational) 
    product (see the ICH Guideline for Clinical Safety Data Management: 
    Definitions and Standards for Expedited Reporting).
    1.3 Amendment (to the protocol)
        See Protocol Amendment.
    1.4 Applicable Regulatory Requirement(s)
        Any law(s) and regulation(s) addressing the conduct of clinical 
    trials of investigational products of the jurisdiction where a trial 
    is conducted.
    1.5 Approval (in relation to Institutional Review Boards (IRB's))
        The affirmative decision of the IRB that the clinical trial has 
    been reviewed and may be conducted at the institution site within 
    the constraints set forth by the IRB, the institution, good clinical 
    practice (GCP), and the applicable regulatory requirements.
    1.6 Audit
        A systematic and independent examination of trial-related 
    activities and documents to
    
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    determine whether the evaluated trial-related activities were 
    conducted, and the data were recorded, analyzed, and accurately 
    reported according to the protocol, sponsor's standard operating 
    procedures (SOP's), good clinical practice (GCP), and the applicable 
    regulatory requirement(s).
    1.7 Audit Certificate
        A declaration of confirmation by the auditor that an audit has 
    taken place.
    1.8 Audit Report
        A written evaluation by the sponsor's auditor of the results of 
    the audit.
    1.9 Audit Trail
        Documentation that allows reconstruction of the course of 
    events.
    1.10 Blinding/Masking
        A procedure in which one or more parties to the trial are kept 
    unaware of the treatment assignment(s). Single blinding usually 
    refers to the subject(s) being unaware, and double blinding usually 
    refers to the subject(s), investigator(s), monitor, and, in some 
    cases, data analyst(s) being unaware of the treatment assignment(s).
    1.11 Case Report Form (CRF)
        A printed, optical, or electronic document designed to record 
    all of the protocol-required information to be reported to the 
    sponsor on each trial subject.
    1.12 Clinical Trial/Study
        Any investigation in human subjects intended to discover or 
    verify the clinical, pharmacological, and/or other pharmacodynamic 
    effects of an investigational product(s), and/or to identify any 
    adverse reactions to an investigational product(s), and/or to study 
    absorption, distribution, metabolism, and excretion of an 
    investigational product(s) with the object of ascertaining its 
    safety and/or efficacy. The terms clinical trial and clinical study 
    are synonymous.
    1.13 Clinical Trial/Study Report
        A written description of a trial/study of any therapeutic, 
    prophylactic, or diagnostic agent conducted in human subjects, in 
    which the clinical and statistical description, presentations, and 
    analyses are fully integrated into a single report (see the ICH 
    Guideline for Structure and Content of Clinical Study Reports).
    1.14 Comparator (Product)
        An investigational or marketed product (i.e., active control), 
    or placebo, used as a reference in a clinical trial.
    1.15 Compliance (in relation to trials)
        Adherence to all the trial-related requirements, good clinical 
    practice (GCP) requirements, and the applicable regulatory 
    requirements.
    1.16 Confidentiality
        Prevention of disclosure, to other than authorized individuals, 
    of a sponsor's proprietary information or of a subject's identity.
    1.17 Contract
        A written, dated, and signed agreement between two or more 
    involved parties that sets out any arrangements on delegation and 
    distribution of tasks and obligations and, if appropriate, on 
    financial matters. The protocol may serve as the basis of a 
    contract.
    1.18 Coordinating Committee
        A committee that a sponsor may organize to coordinate the 
    conduct of a multicenter trial.
    1.19 Coordinating Investigator
        An investigator assigned the responsibility for the coordination 
    of investigators at different centers participating in a multicenter 
    trial.
    1.20 Contract Research Organization (CRO)
        A person or an organization (commercial, academic, or other) 
    contracted by the sponsor to perform one or more of a sponsor's 
    trial-related duties and functions.
    1.21 Direct Access
        Permission to examine, analyze, verify, and reproduce any 
    records and reports that are important to evaluation of a clinical 
    trial. Any party (e.g., domestic and foreign regulatory authorities, 
    sponsors, monitors, and auditors) with direct access should take all 
    reasonable precautions within the constraints of the applicable 
    regulatory requirement(s) to maintain the confidentiality of 
    subjects' identities and sponsor's proprietary information.
    1.22 Documentation
        All records, in any form (including, but not limited to, 
    written, electronic, magnetic, and optical records; and scans, x-
    rays, and electrocardiograms) that describe or record the methods, 
    conduct, and/or results of a trial, the factors affecting a trial, 
    and the actions taken.
    1.23 Essential Documents
        Documents that individually and collectively permit evaluation 
    of the conduct of a study and the quality of the data produced (see 
    8. ``Essential Documents for the Conduct of a Clinical Trial'').
    1.24 Good Clinical Practice (GCP)
        A standard for the design, conduct, performance, monitoring, 
    auditing, recording, analyses, and reporting of clinical trials that 
    provides assurance that the data and reported results are credible 
    and accurate, and that the rights, integrity, and confidentiality of 
    trial subjects are protected.
    1.25 Independent Data Monitoring Committee (IDMC) (Data and Safety 
    Monitoring Board, Monitoring Committee, Data Monitoring Committee)
        An independent data monitoring committee that may be established 
    by the sponsor to assess at intervals the progress of a clinical 
    trial, the safety data, and the critical efficacy endpoints, and to 
    recommend to the sponsor whether to continue, modify, or stop a 
    trial.
    1.26 Impartial Witness
        A person, who is independent of the trial, who cannot be 
    unfairly influenced by people involved with the trial, who attends 
    the informed consent process if the subject or the subject's legally 
    acceptable representative cannot read, and who reads the informed 
    consent form and any other written information supplied to the 
    subject.
    1.27 Independent Ethics Committee (IEC)
        An independent body (a review board or a committee, 
    institutional, regional, national, or supranational), constituted of 
    medical/scientific professionals and nonmedical/nonscientific 
    members, whose responsibility it is to ensure the protection of the 
    rights, safety, and well-being of human subjects involved in a trial 
    and to provide public assurance of that protection, by, among other 
    things, reviewing and approving/providing favorable opinion on the 
    trial protocol, the suitability of the investigator(s), facilities, 
    and the methods and material to be used in obtaining and documenting 
    informed consent of the trial subjects.
        The legal status, composition, function, operations, and 
    regulatory requirements pertaining to Independent Ethics Committees 
    may differ among countries, but should allow the Independent Ethics 
    Committee to act in agreement with GCP as described in this 
    guideline.
    1.28 Informed Consent
        A process by which a subject voluntarily confirms his or her 
    willingness to participate in a particular trial, after having been 
    informed of all aspects of the trial that are relevant to the 
    subject's decision to participate. Informed consent is documented by 
    means of a written, signed, and dated informed consent form.
    1.29 Inspection
        The act by a regulatory authority(ies) of conducting an official 
    review of documents, facilities, records, and any other resources 
    that are deemed by the authority(ies) to be related to the clinical 
    trial and that may be located at the site of the trial, at the 
    sponsor's and/or contract research organization's (CRO's) 
    facilities, or at other establishments deemed appropriate by the 
    regulatory authority(ies).
    1.30 Institution (medical)
        Any public or private entity or agency or medical or dental 
    facility where clinical trials are conducted.
    1.31 Institutional Review Board (IRB)
        An independent body constituted of medical, scientific, and 
    nonscientific members, whose responsibility it is to ensure the 
    protection of the rights, safety, and well-being of human subjects 
    involved in a trial by, among other things, reviewing, approving, 
    and providing continuing review of trials, of protocols and 
    amendments, and of the methods and material to be used in obtaining 
    and documenting informed consent of the trial subjects.
    1.32 Interim Clinical Trial/Study Report
        A report of intermediate results and their evaluation based on 
    analyses performed during the course of a trial.
    1.33 Investigational Product
        A pharmaceutical form of an active ingredient or placebo being 
    tested or used as a reference in a clinical trial, including a 
    product with a marketing authorization when used or assembled 
    (formulated or packaged) in a way different from the approved form, 
    or when used for an unapproved indication, or when used to gain 
    further information about an approved use.
    1.34 Investigator
        A person responsible for the conduct of the clinical trial at a 
    trial site. If a trial is conducted by a team of individuals at a 
    trial site, the investigator is the responsible leader of the team 
    and may be called the principal investigator. See also 
    Subinvestigator.
    1.35 Investigator/Institution
        An expression meaning ``the investigator and/or institution, 
    where required by the applicable regulatory requirements.''
    1.36 Investigator's Brochure
        A compilation of the clinical and nonclinical data on the 
    investigational product(s) that is relevant to the study of the
    
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    investigational product(s) in human subjects (see 7. 
    ``Investigator's Brochure'').
    1.37 Legally Acceptable Representative
        An individual or juridical or other body authorized under 
    applicable law to consent, on behalf of a prospective subject, to 
    the subject's participation in the clinical trial.
    1.38 Monitoring
        The act of overseeing the progress of a clinical trial, and of 
    ensuring that it is conducted, recorded, and reported in accordance 
    with the protocol, standard operating procedures (SOP's), GCP, and 
    the applicable regulatory requirement(s).
    1.39 Monitoring Report
        A written report from the monitor to the sponsor after each site 
    visit and/or other trial-related communication according to the 
    sponsor's SOP's.
    1.40 Multicenter Trial
        A clinical trial conducted according to a single protocol but at 
    more than one site, and, therefore, carried out by more than one 
    investigator.
    1.41 Nonclinical Study
        Biomedical studies not performed on human subjects.
    1.42 Opinion (in relation to Independent Ethics Committee)
        The judgment and/or the advice provided by an Independent Ethics 
    Committee (IEC).
    1.43 Original Medical Record
        See Source Documents.
    1.44 Protocol
        A document that describes the objective(s), design, methodology, 
    statistical considerations, and organization of a trial. The 
    protocol usually also gives the background and rationale for the 
    trial, but these could be provided in other protocol referenced 
    documents. Throughout the ICH GCP Guideline, the term protocol 
    refers to protocol and protocol amendments.
    1.45 Protocol Amendment
        A written description of a change(s) to or formal clarification 
    of a protocol.
    1.46 Quality Assurance (QA)
        All those planned and systematic actions that are established to 
    ensure that the trial is performed and the data are generated, 
    documented (recorded), and reported in compliance with GCP and the 
    applicable regulatory requirement(s).
    1.47 Quality Control (QC)
        The operational techniques and activities undertaken within the 
    quality assurance system to verify that the requirements for quality 
    of the trial-related activities have been fulfilled.
    1.48 Randomization
        The process of assigning trial subjects to treatment or control 
    groups using an element of chance to determine the assignments in 
    order to reduce bias.
    1.49 Regulatory Authorities 
        Bodies having the power to regulate. In the ICH GCP guideline, 
    the expression ``Regulatory Authorities'' includes the authorities 
    that review submitted clinical data and those that conduct 
    inspections (see 1.29). These bodies are sometimes referred to as 
    competent authorities.
    1.50 Serious Adverse Event (SAE) or Serious Adverse Drug Reaction 
    (Serious ADR)
        Any untoward medical occurrence that at any dose:
        - Results in death,
        - Is life-threatening,
        - Requires inpatient hospitalization or prolongation of existing 
    hospitalization,
        - Results in persistent or significant disability/incapacity,
        or
        - Is a congenital anomaly/birth defect.
        (See the ICH Guideline for Clinical Safety Data Management: 
    Definitions and Standards for Expedited Reporting.)
    1.51 Source Data
        All information in original records and certified copies of 
    original records of clinical findings, observations, or other 
    activities in a clinical trial necessary for the reconstruction and 
    evaluation of the trial. Source data are contained in source 
    documents (original records or certified copies).
    1.52 Source Documents
        Original documents, data, and records (e.g., hospital records, 
    clinical and office charts, laboratory notes, memoranda, subjects' 
    diaries or evaluation checklists, pharmacy dispensing records, 
    recorded data from automated instruments, copies or transcriptions 
    certified after verification as being accurate and complete, 
    microfiches, photographic negatives, microfilm or magnetic media, x-
    rays, subject files, and records kept at the pharmacy, at the 
    laboratories, and at medico-technical departments involved in the 
    clinical trial).
    1.53 Sponsor
        An individual, company, institution, or organization that takes 
    responsibility for the initiation, management, and/or financing of a 
    clinical trial.
    1.54 Sponsor-Investigator
        An individual who both initiates and conducts, alone or with 
    others, a clinical trial, and under whose immediate direction the 
    investigational product is administered to, dispensed to, or used by 
    a subject. The term does not include any person other than an 
    individual (e.g., it does not include a corporation or an agency). 
    The obligations of a sponsor-investigator include both those of a 
    sponsor and those of an investigator.
    1.55 Standard Operating Procedures (SOP's)
        Detailed, written instructions to achieve uniformity of the 
    performance of a specific function.
    1.56 Subinvestigator
        Any individual member of the clinical trial team designated and 
    supervised by the investigator at a trial site to perform critical 
    trial-related procedures and/or to make important trial-related 
    decisions (e.g., associates, residents, research fellows). See also 
    Investigator.
    1.57 Subject/Trial Subject
        An individual who participates in a clinical trial, either as a 
    recipient of the investigational product(s) or as a control.
    1.58 Subject Identification Code
        A unique identifier assigned by the investigator to each trial 
    subject to protect the subject's identity and used in lieu of the 
    subject's name when the investigator reports adverse events and/or 
    other trial-related data.
    1.59 Trial Site
        The location(s) where trial-related activities are actually 
    conducted.
    1.60 Unexpected Adverse Drug Reaction
        An adverse reaction, the nature or severity of which is not 
    consistent with the applicable product information (e.g., 
    Investigator's Brochure for an unapproved investigational product or 
    package insert/summary of product characteristics for an approved 
    product). (See the ICH Guideline for Clinical Safety Data 
    Management: Definitions and Standards for Expedited Reporting.)
    1.61 Vulnerable Subjects
        Individuals whose willingness to volunteer in a clinical trial 
    may be unduly influenced by the expectation, whether justified or 
    not, of benefits associated with participation, or of a retaliatory 
    response from senior members of a hierarchy in case of refusal to 
    participate. Examples are members of a group with a hierarchical 
    structure, such as medical, pharmacy, dental, and nursing students, 
    subordinate hospital and laboratory personnel, employees of the 
    pharmaceutical industry, members of the armed forces, and persons 
    kept in detention. Other vulnerable subjects include patients with 
    incurable diseases, persons in nursing homes, unemployed or 
    impoverished persons, patients in emergency situations, ethnic 
    minority groups, homeless persons, nomads, refugees, minors, and 
    those incapable of giving consent.
    1.62 Well-being (of the trial subjects)
        The physical and mental integrity of the subjects participating 
    in a clinical trial.
    2. The Principles of ICH GCP
        2.1 Clinical trials should be conducted in accordance with the 
    ethical principles that have their origin in the Declaration of 
    Helsinki, and that are consistent with GCP and the applicable 
    regulatory requirement(s).
        2.2 Before a trial is initiated, foreseeable risks and 
    inconveniences should be weighed against the anticipated benefit for 
    the individual trial subject and society. A trial should be 
    initiated and continued only if the anticipated benefits justify the 
    risks.
        2.3 The rights, safety, and well-being of the trial subjects are 
    the most important considerations and should prevail over interests 
    of science and society.
        2.4 The available nonclinical and clinical information on an 
    investigational product should be adequate to support the proposed 
    clinical trial.
        2.5 Clinical trials should be scientifically sound, and 
    described in a clear, detailed protocol.
        2.6 A trial should be conducted in compliance with the protocol 
    that has received prior institutional review board (IRB)/independent 
    ethics committee (IEC) approval/favorable opinion.
        2.7 The medical care given to, and medical decisions made on 
    behalf of, subjects should always be the responsibility of a 
    qualified physician or, when appropriate, of a qualified dentist.
        2.8 Each individual involved in conducting a trial should be 
    qualified by education, training, and experience to perform his or 
    her respective task(s).
        2.9 Freely given informed consent should be obtained from every 
    subject prior to clinical trial participation.
        2.10 All clinical trial information should be recorded, handled, 
    and stored in a way that allows its accurate reporting, 
    interpretation, and verification.
    
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        2.11 The confidentiality of records that could identify subjects 
    should be protected, respecting the privacy and confidentiality 
    rules in accordance with the applicable regulatory requirement(s).
        2.12 Investigational products should be manufactured, handled, 
    and stored in accordance with applicable good manufacturing practice 
    (GMP). They should be used in accordance with the approved protocol.
        2.13 Systems with procedures that assure the quality of every 
    aspect of the trial should be implemented.
    3. Institutional Review Board/Independent Ethics Committee (IRB/IEC)
    3.1 Responsibilities
    3.1.1 An IRB/IEC should safeguard the rights, safety, and well-being 
    of all trial subjects. Special attention should be paid to trials 
    that may include vulnerable subjects.
    3.1.2 The IRB/IEC should obtain the following documents:
    Trial protocol(s)/amendment(s), written informed consent form(s) and 
    consent form updates that the investigator proposes for use in the 
    trial, subject recruitment procedures (e.g., advertisements), 
    written information to be provided to subjects, Investigator's 
    Brochure (IB), available safety information, information about 
    payments and compensation available to subjects, the investigator's 
    current curriculum vitae and/or other documentation evidencing 
    qualifications, and any other documents that the IRB/IEC may require 
    to fulfill its responsibilities.
        The IRB/IEC should review a proposed clinical trial within a 
    reasonable time and document its views in writing, clearly 
    identifying the trial, the documents reviewed, and the dates for the 
    following:
        - Approval/favorable opinion;
        - Modifications required prior to its approval/favorable 
    opinion;
        - Disapproval/negative opinion; and
        - Termination/suspension of any prior approval/favorable 
    opinion.
    3.1.3 The IRB/IEC should consider the qualifications of the 
    investigator for the proposed trial, as documented by a current 
    curriculum vitae and/or by any other relevant documentation the IRB/
    IEC requests.
    3.1.4 The IRB/IEC should conduct continuing review of each ongoing 
    trial at intervals appropriate to the degree of risk to human 
    subjects, but at least once per year.
    3.1.5 The IRB/IEC may request more information than is outlined in 
    paragraph 4.8.10 be given to subjects when, in the judgment of the 
    IRB/IEC, the additional information would add meaningfully to the 
    protection of the rights, safety, and/or well-being of the subjects.
    3.1.6 When a nontherapeutic trial is to be carried out with the 
    consent of the subject's legally acceptable representative (see 
    4.8.12, 4.8.14), the IRB/IEC should determine that the proposed 
    protocol and/or other document(s) adequately addresses relevant 
    ethical concerns and meets applicable regulatory requirements for 
    such trials.
    3.1.7 Where the protocol indicates that prior consent of the trial 
    subject or the subject's legally acceptable representative is not 
    possible (see 4.8.15), the IRB/IEC should determine that the 
    proposed protocol and/or other document(s) adequately addresses 
    relevant ethical concerns and meets applicable regulatory 
    requirements for such trials (i.e., in emergency situations).
    3.1.8 The IRB/IEC should review both the amount and method of 
    payment to subjects to assure that neither presents problems of 
    coercion or undue influence on the trial subjects. Payments to a 
    subject should be prorated and not wholly contingent on completion 
    of the trial by the subject.
    3.1.9 The IRB/IEC should ensure that information regarding payment 
    to subjects, including the methods, amounts, and schedule of payment 
    to trial subjects, is set forth in the written informed consent form 
    and any other written information to be provided to subjects. The 
    way payment will be prorated should be specified.
    3.2 Composition, Functions, and Operations
    3.2.1 The IRB/IEC should consist of a reasonable number of members, 
    who collectively have the qualifications and experience to review 
    and evaluate the science, medical aspects, and ethics of the 
    proposed trial. It is recommended that the IRB/IEC should include:
        (a) At least five members.
        (b) At least one member whose primary area of interest is in a 
    nonscientific area.
        (c) At least one member who is independent of the institution/
    trial site.
        Only those IRB/IEC members who are independent of the 
    investigator and the sponsor of the trial should vote/provide 
    opinion on a trial-related matter.
        A list of IRB/IEC members and their qualifications should be 
    maintained.
    3.2.2 The IRB/IEC should perform its functions according to written 
    operating procedures, should maintain written records of its 
    activities and minutes of its meetings, and should comply with GCP 
    and with the applicable regulatory requirement(s).
    3.2.3 An IRB/IEC should make its decisions at announced meetings at 
    which at least a quorum, as stipulated in its written operating 
    procedures, is present.
    3.2.4 Only members who participate in the IRB/IEC review and 
    discussion should vote/provide their opinion and/or advise.
    3.2.5 The investigator may provide information on any aspect of the 
    trial, but should not participate in the deliberations of the IRB/
    IEC or in the vote/opinion of the IRB/IEC.
    3.2.6 An IRB/IEC may invite nonmembers with expertise in special 
    areas for assistance.
    3.3 Procedures
        The IRB/IEC should establish, document in writing, and follow 
    its procedures, which should include:
    3.3.1 Determining its composition (names and qualifications of the 
    members) and the authority under which it is established.
    3.3.2 Scheduling, notifying its members of, and conducting its 
    meetings.
    3.3.3 Conducting initial and continuing review of trials.
    3.3.4 Determining the frequency of continuing review, as 
    appropriate.
    3.3.5 Providing, according to the applicable regulatory 
    requirements, expedited review and approval/favorable opinion of 
    minor change(s) in ongoing trials that have the approval/favorable 
    opinion of the IRB/IEC.
    3.3.6 Specifying that no subject should be admitted to a trial 
    before the IRB/IEC issues its written approval/favorable opinion of 
    the trial.
    3.3.7 Specifying that no deviations from, or changes of, the 
    protocol should be initiated without prior written IRB/IEC approval/
    favorable opinion of an appropriate amendment, except when necessary 
    to eliminate immediate hazards to the subjects or when the change(s) 
    involves only logistical or administrative aspects of the trial 
    (e.g., change of monitor(s), telephone number(s)) (see 4.5.2).
    3.3.8 Specifying that the investigator should promptly report to the 
    IRB/IEC:
        (a) Deviations from, or changes of, the protocol to eliminate 
    immediate hazards to the trial subjects (see 3.3.7, 4.5.2, 4.5.4).
        (b) Changes increasing the risk to subjects and/or affecting 
    significantly the conduct of the trial (see 4.10.2).
        (c) All adverse drug reactions (ADR's) that are both serious and 
    unexpected.
        (d) New information that may affect adversely the safety of the 
    subjects or the conduct of the trial.
    3.3.9 Ensuring that the IRB/IEC promptly notify in writing the 
    investigator/institution concerning:
        (a) Its trial-related decisions/opinions.
        (b) The reasons for its decisions/opinions.
        (c) Procedures for appeal of its decisions/opinions.
    3.4 Records
        The IRB/IEC should retain all relevant records (e.g., written 
    procedures, membership lists, lists of occupations/affiliations of 
    members, submitted documents, minutes of meetings, and 
    correspondence) for a period of at least 3 years after completion of 
    the trial and make them available upon request from the regulatory 
    authority(ies).
        The IRB/IEC may be asked by investigators, sponsors, or 
    regulatory authorities to provide copies of its written procedures 
    and membership lists.
    4. Investigator 
    4.1 Investigator's Qualifications and Agreements
    4.1.1 The investigator(s) should be qualified by education, 
    training, and experience to assume responsibility for the proper 
    conduct of the trial, should meet all the qualifications specified 
    by the applicable regulatory requirement(s), and should provide 
    evidence of such qualifications through up-to-date curriculum vitae 
    and/or other relevant documentation requested by the sponsor, the 
    IRB/IEC, and/or the regulatory authority(ies).
    4.1.2 The investigator should be thoroughly familiar with the 
    appropriate use of the investigational product(s), as described in 
    the protocol, in the current Investigator's Brochure, in the product 
    information, and in other information sources provided by the 
    sponsor.
    4.1.3 The investigator should be aware of, and should comply with, 
    GCP and the applicable regulatory requirements.
    4.1.4 The investigator/institution should permit monitoring and 
    auditing by the sponsor, and inspection by the appropriate 
    regulatory authority(ies).
    4.1.5 The investigator should maintain a list of appropriately 
    qualified persons to whom
    
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    the investigator has delegated significant trial-related duties.
    4.2 Adequate Resources
    4.2.1 The investigator should be able to demonstrate (e.g., based on 
    retrospective data) a potential for recruiting the required number 
    of suitable subjects within the agreed recruitment period.
    4.2.2 The investigator should have sufficient time to properly 
    conduct and complete the trial within the agreed trial period.
    4.2.3 The investigator should have available an adequate number of 
    qualified staff and adequate facilities for the foreseen duration of 
    the trial to conduct the trial properly and safely.
    4.2.4 The investigator should ensure that all persons assisting with 
    the trial are adequately informed about the protocol, the 
    investigational product(s), and their trial-related duties and 
    functions.
    4.3 Medical Care of Trial Subjects
    4.3.1 A qualified physician (or dentist, when appropriate), who is 
    an investigator or a subinvestigator for the trial, should be 
    responsible for all trial-related medical (or dental) decisions.
    4.3.2 During and following a subject's participation in a trial, the 
    investigator/institution should ensure that adequate medical care is 
    provided to a subject for any adverse events, including clinically 
    significant laboratory values, related to the trial. The 
    investigator/institution should inform a subject when medical care 
    is needed for intercurrent illness(es) of which the investigator 
    becomes aware.
    4.3.3 It is recommended that the investigator inform the subject's 
    primary physician about the subject's participation in the trial if 
    the subject has a primary physician and if the subject agrees to the 
    primary physician being informed.
    4.3.4 Although a subject is not obliged to give his/her reason(s) 
    for withdrawing prematurely from a trial, the investigator should 
    make a reasonable effort to ascertain the reason(s), while fully 
    respecting the subject's rights.
    4.4 Communication with IRB/IEC
    4.4.1 Before initiating a trial, the investigator/institution should 
    have written and dated approval/favorable opinion from the IRB/IEC 
    for the trial protocol, written informed consent form, consent form 
    updates, subject recruitment procedures (e.g., advertisements), and 
    any other written information to be provided to subjects.
    4.4.2 As part of the investigator's/institution's written 
    application to the IRB/IEC, the investigator/institution should 
    provide the IRB/IEC with a current copy of the Investigator's 
    Brochure. If the Investigator's Brochure is updated during the 
    trial, the investigator/institution should supply a copy of the 
    updated Investigator's Brochure to the IRB/IEC.
    4.4.3 During the trial the investigator/institution should provide 
    to the IRB/IEC all documents subject to its review.
    4.5 Compliance with Protocol
    4.5.1 The investigator/institution should conduct the trial in 
    compliance with the protocol agreed to by the sponsor and, if 
    required, by the regulatory authority(ies), and which was given 
    approval/favorable opinion by the IRB/IEC. The investigator/
    institution and the sponsor should sign the protocol, or an 
    alternative contract, to confirm their agreement.
    4.5.2 The investigator should not implement any deviation from, or 
    changes of, the protocol without agreement by the sponsor and prior 
    review and documented approval/favorable opinion from the IRB/IEC of 
    an amendment, except where necessary to eliminate an immediate 
    hazard(s) to trial subjects, or when the change(s) involves only 
    logistical or administrative aspects of the trial (e.g., change of 
    monitor(s), change of telephone number(s)).
    4.5.3 The investigator, or person designated by the investigator, 
    should document and explain any deviation from the approved 
    protocol.
    4.5.4 The investigator may implement a deviation from, or a change 
    in, the protocol to eliminate an immediate hazard(s) to trial 
    subjects without prior IRB/IEC approval/favorable opinion. As soon 
    as possible, the implemented deviation or change, the reasons for 
    it, and, if appropriate, the proposed protocol amendment(s) should 
    be submitted:
        (a) To the IRB/IEC for review and approval/favorable opinion;
        (b) To the sponsor for agreement; and, if required,
        (c) To the regulatory authority(ies).
    4.6 Investigational Product(s)
    4.6.1 Responsibility for investigational product(s) accountability 
    at the trial site(s) rests with the investigator/institution.
    4.6.2 Where allowed/required, the investigator/institution may/
    should assign some or all of the investigator's/institution's duties 
    for investigational product(s) accountability at the trial site(s) 
    to an appropriate pharmacist or another appropriate individual who 
    is under the supervision of the investigator/institution.
    4.6.3 The investigator/institution and/or a pharmacist or other 
    appropriate individual, who is designated by the investigator/
    institution, should maintain records of the product's delivery to 
    the trial site, the inventory at the site, the use by each subject, 
    and the return to the sponsor or alternative disposition of unused 
    product(s). These records should include dates, quantities, batch/
    serial numbers, expiration dates (if applicable), and the unique 
    code numbers assigned to the investigational product(s) and trial 
    subjects. Investigators should maintain records that document 
    adequately that the subjects were provided the doses specified by 
    the protocol and reconcile all investigational product(s) received 
    from the sponsor.
    4.6.4 The investigational product(s) should be stored as specified 
    by the sponsor (see 5.13.2 and 5.14.3) and in accordance with 
    applicable regulatory requirement(s).
    4.6.5 The investigator should ensure that the investigational 
    product(s) are used only in accordance with the approved protocol.
    4.6.6 The investigator, or a person designated by the investigator/
    institution, should explain the correct use of the investigational 
    product(s) to each subject and should check, at intervals 
    appropriate for the trial, that each subject is following the 
    instructions properly.
    4.7 Randomization Procedures and Unblinding
        The investigator should follow the trial's randomization 
    procedures, if any, and should ensure that the code is broken only 
    in accordance with the protocol. If the trial is blinded, the 
    investigator should promptly document and explain to the sponsor any 
    premature unblinding (e.g., accidental unblinding, unblinding due to 
    a serious adverse event) of the investigational product(s).
    4.8 Informed Consent of Trial Subjects
    4.8.1 In obtaining and documenting informed consent, the 
    investigator should comply with the applicable regulatory 
    requirement(s), and should adhere to GCP and to the ethical 
    principles that have their origin in the Declaration of Helsinki. 
    Prior to the beginning of the trial, the investigator should have 
    the IRB/IEC's written approval/favorable opinion of the written 
    informed consent form and any other written information to be 
    provided to subjects.
    4.8.2 The written informed consent form and any other written 
    information to be provided to subjects should be revised whenever 
    important new information becomes available that may be relevant to 
    the subject's consent. Any revised written informed consent form, 
    and written information should receive the IRB/IEC's approval/
    favorable opinion in advance of use. The subject or the subject's 
    legally acceptable representative should be informed in a timely 
    manner if new information becomes available that may be relevant to 
    the subject's willingness to continue participation in the trial. 
    The communication of this information should be documented.
    4.8.3 Neither the investigator, nor the trial staff, should coerce 
    or unduly influence a subject to participate or to continue to 
    participate in a trial.
    4.8.4 None of the oral and written information concerning the trial, 
    including the written informed consent form, should contain any 
    language that causes the subject or the subject's legally acceptable 
    representative to waive or to appear to waive any legal rights, or 
    that releases or appears to release the investigator, the 
    institution, the sponsor, or their agents from liability for 
    negligence.
    4.8.5 The investigator, or a person designated by the investigator, 
    should fully inform the subject or, if the subject is unable to 
    provide informed consent, the subject's legally acceptable 
    representative, of all pertinent aspects of the trial including the 
    written information given approval/favorable opinion by the IRB/IEC.
    4.8.6 The language used in the oral and written information about 
    the trial, including the written informed consent form, should be as 
    nontechnical as practical and should be understandable to the 
    subject or the subject's legally acceptable representative and the 
    impartial witness, where applicable.
    4.8.7 Before informed consent may be obtained, the investigator, or 
    a person designated by the investigator, should provide the subject 
    or the subject's legally acceptable representative ample time and 
    opportunity to inquire about details of the trial and to decide 
    whether or not to participate in the trial. All questions about the 
    trial should be answered to the
    
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    satisfaction of the subject or the subject's legally acceptable 
    representative.
    4.8.8 Prior to a subject's participation in the trial, the written 
    informed consent form should be signed and personally dated by the 
    subject or by the subject's legally acceptable representative, and 
    by the person who conducted the informed consent discussion.
    4.8.9 If a subject is unable to read or if a legally acceptable 
    representative is unable to read, an impartial witness should be 
    present during the entire informed consent discussion. After the 
    written informed consent form and any other written information to 
    be provided to subjects is read and explained to the subject or the 
    subject's legally acceptable representative, and after the subject 
    or the subject's legally acceptable representative has orally 
    consented to the subject's participation in the trial, and, if 
    capable of doing so, has signed and personally dated the informed 
    consent form, the witness should sign and personally date the 
    consent form. By signing the consent form, the witness attests that 
    the information in the consent form and any other written 
    information was accurately explained to, and apparently understood 
    by, the subject or the subject's legally acceptable representative, 
    and that informed consent was freely given by the subject or the 
    subject's legally acceptable representative.
    4.8.10 Both the informed consent discussion and the written informed 
    consent form and any other written information to be provided to 
    subjects should include explanations of the following:
        (a) That the trial involves research.
        (b) The purpose of the trial.
        (c) The trial treatment(s) and the probability for random 
    assignment to each treatment.
        (d) The trial procedures to be followed, including all invasive 
    procedures.
        (e) The subject's responsibilities.
        (f) Those aspects of the trial that are experimental.
        (g) The reasonably foreseeable risks or inconveniences to the 
    subject and, when applicable, to an embryo, fetus, or nursing 
    infant.
        (h) The reasonably expected benefits. When there is no intended 
    clinical benefit to the subject, the subject should be made aware of 
    this.
        (i) The alternative procedure(s) or course(s) of treatment that 
    may be available to the subject, and their important potential 
    benefits and risks.
        (j) The compensation and/or treatment available to the subject 
    in the event of trial-related injury.
        (k) The anticipated prorated payment, if any, to the subject for 
    participating in the trial.
        (l) The anticipated expenses, if any, to the subject for 
    participating in the trial.
        (m) That the subject's participation in the trial is voluntary 
    and that the subject may refuse to participate or withdraw from the 
    trial, at any time, without penalty or loss of benefits to which the 
    subject is otherwise entitled.
        (n) That the monitor(s), the auditor(s), the IRB/IEC, and the 
    regulatory authority(ies) will be granted direct access to the 
    subject's original medical records for verification of clinical 
    trial procedures and/or data, without violating the confidentiality 
    of the subject, to the extent permitted by the applicable laws and 
    regulations and that, by signing a written informed consent form, 
    the subject or the subject's legally acceptable representative is 
    authorizing such access.
        (o) That records identifying the subject will be kept 
    confidential and, to the extent permitted by the applicable laws 
    and/or regulations, will not be made publicly available. If the 
    results of the trial are published, the subject's identity will 
    remain confidential.
        (p) That the subject or the subject's legally acceptable 
    representative will be informed in a timely manner if information 
    becomes available that may be relevant to the subject's willingness 
    to continue participation in the trial.
        (q) The person(s) to contact for further information regarding 
    the trial and the rights of trial subjects, and whom to contact in 
    the event of trial-related injury.
        (r) The foreseeable circumstances and/or reasons under which the 
    subject's participation in the trial may be terminated.
        (s) The expected duration of the subject's participation in the 
    trial.
        (t) The approximate number of subjects involved in the trial.
    4.8.11 Prior to participation in the trial, the subject or the 
    subject's legally acceptable representative should receive a copy of 
    the signed and dated written informed consent form and any other 
    written information provided to the subjects. During a subject's 
    participation in the trial, the subject or the subject's legally 
    acceptable representative should receive a copy of the signed and 
    dated consent form updates and a copy of any amendments to the 
    written information provided to subjects.
    4.8.12 When a clinical trial (therapeutic or nontherapeutic) 
    includes subjects who can only be enrolled in the trial with the 
    consent of the subject's legally acceptable representative (e.g., 
    minors, or patients with severe dementia), the subject should be 
    informed about the trial to the extent compatible with the subject's 
    understanding and, if capable, the subject should assent, sign and 
    personally date the written informed consent.
    4.8.13 Except as described in 4.8.14, a nontherapeutic trial (i.e., 
    a trial in which there is no anticipated direct clinical benefit to 
    the subject) should be conducted in subjects who personally give 
    consent and who sign and date the written informed consent form.
    4.8.14 Nontherapeutic trials may be conducted in subjects with 
    consent of a legally acceptable representative provided the 
    following conditions are fulfilled:
        (a) The objectives of the trial cannot be met by means of a 
    trial in subjects who can give informed consent personally.
        (b) The foreseeable risks to the subjects are low.
        (c) The negative impact on the subject's well-being is minimized 
    and low.
        (d) The trial is not prohibited by law.
        (e) The approval/favorable opinion of the IRB/IEC is expressly 
    sought on the inclusion of such subjects, and the written approval/
    favorable opinion covers this aspect.
        Such trials, unless an exception is justified, should be 
    conducted in patients having a disease or condition for which the 
    investigational product is intended. Subjects in these trials should 
    be particularly closely monitored and should be withdrawn if they 
    appear to be unduly distressed.
    4.8.15 In emergency situations, when prior consent of the subject is 
    not possible, the consent of the subject's legally acceptable 
    representative, if present, should be requested. When prior consent 
    of the subject is not possible, and the subject's legally acceptable 
    representative is not available, enrollment of the subject should 
    require measures described in the protocol and/or elsewhere, with 
    documented approval/favorable opinion by the IRB/IEC, to protect the 
    rights, safety, and well-being of the subject and to ensure 
    compliance with applicable regulatory requirements. The subject or 
    the subject's legally acceptable representative should be informed 
    about the trial as soon as possible and consent to continue and 
    other consent as appropriate (see 4.8.10) should be requested.
    4.9 Records and Reports
    4.9.1 The investigator should ensure the accuracy, completeness, 
    legibility, and timeliness of the data reported to the sponsor in 
    the CRF's and in all required reports.
    4.9.2 Data reported on the CRF, which are derived from source 
    documents, should be consistent with the source documents or the 
    discrepancies should be explained.
    4.9.3 Any change or correction to a CRF should be dated, initialed, 
    and explained (if necessary) and should not obscure the original 
    entry (i.e., an audit trail should be maintained); this applies to 
    both written and electronic changes or corrections (see 5.18.4(n)). 
    Sponsors should provide guidance to investigators and/or the 
    investigators' designated representatives on making such 
    corrections. Sponsors should have written procedures to assure that 
    changes or corrections in CRF's made by sponsor's designated 
    representatives are documented, are necessary, and are endorsed by 
    the investigator. The investigator should retain records of the 
    changes and corrections.
    4.9.4 The investigator/institution should maintain the trial 
    documents as specified in Essential Documents for the Conduct of a 
    Clinical Trial (see 8.) and as required by the applicable regulatory 
    requirement(s). The investigator/institution should take measures to 
    prevent accidental or premature destruction of these documents.
    4.9.5 Essential documents should be retained until at least 2 years 
    after the last approval of a marketing application in an ICH region 
    and until there are no pending or contemplated marketing 
    applications in an ICH region or at least 2 years have elapsed since 
    the formal discontinuation of clinical development of the 
    investigational product. These documents should be retained for a 
    longer period, however, if required by the applicable regulatory 
    requirements or by an agreement with the sponsor. It is the 
    responsibility of the sponsor to inform the investigator/institution 
    as to when these documents no longer need to be retained (see 
    5.5.12).
    
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    4.9.6 The financial aspects of the trial should be documented in an 
    agreement between the sponsor and the investigator/institution.
    4.9.7 Upon request of the monitor, auditor, IRB/IEC, or regulatory 
    authority, the investigator/institution should make available for 
    direct access all requested trial-related records.
    4.10 Progress Reports
    4.10.1 Where required by the applicable regulatory requirements, the 
    investigator should submit written summaries of the trial's status 
    to the institution. The investigator/institution should submit 
    written summaries of the status of the trial to the IRB/IEC 
    annually, or more frequently, if requested by the IRB/IEC.
    4.10.2 The investigator should promptly provide written reports to 
    the sponsor, the IRB/IEC (see 3.3.8), and, where required by the 
    applicable regulatory requirements, the institution on any changes 
    significantly affecting the conduct of the trial, and/or increasing 
    the risk to subjects.
    4.11 Safety Reporting
    4.11.1 All serious adverse events (SAE's) should be reported 
    immediately to the sponsor except for those SAE's that the protocol 
    or other document (e.g., Investigator's Brochure) identifies as not 
    needing immediate reporting. The immediate reports should be 
    followed promptly by detailed, written reports. The immediate and 
    follow-up reports should identify subjects by unique code numbers 
    assigned to the trial subjects rather than by the subjects' names, 
    personal identification numbers, and/or addresses. The investigator 
    should also comply with the applicable regulatory requirement(s) 
    related to the reporting of unexpected serious adverse drug 
    reactions to the regulatory authority(ies) and the IRB/IEC.
    4.11.2 Adverse events and/or laboratory abnormalities identified in 
    the protocol as critical to safety evaluations should be reported to 
    the sponsor according to the reporting requirements and within the 
    time periods specified by the sponsor in the protocol.
    4.11.3 For reported deaths, the investigator should supply the 
    sponsor and the IRB/IEC with any additional requested information 
    (e.g., autopsy reports and terminal medical reports).
    4.12 Premature Termination or Suspension of a Trial
        If the trial is terminated prematurely or suspended for any 
    reason, the investigator/institution should promptly inform the 
    trial subjects, should assure appropriate therapy and follow-up for 
    the subjects, and, where required by the applicable regulatory 
    requirement(s), should inform the regulatory authority(ies). In 
    addition:
    4.12.1 If the investigator terminates or suspends a trial without 
    prior agreement of the sponsor, the investigator should inform the 
    institution, where required by the applicable regulatory 
    requirements, and the investigator/institution should promptly 
    inform the sponsor and the IRB/IEC, and should provide the sponsor 
    and the IRB/IEC a detailed written explanation of the termination or 
    suspension.
    4.12.2 If the sponsor terminates or suspends a trial (see 5.21), the 
    investigator should promptly inform the institution, where required 
    by the applicable regulatory requirements, and the investigator/
    institution should promptly inform the IRB/IEC and provide the IRB/
    IEC a detailed written explanation of the termination or suspension.
    4.12.3 If the IRB/IEC terminates or suspends its approval/favorable 
    opinion of a trial (see 3.1.2 and 3.3.9), the investigator should 
    inform the institution, where required by the applicable regulatory 
    requirements, and the investigator/institution should promptly 
    notify the sponsor and provide the sponsor with a detailed written 
    explanation of the termination or suspension.
    4.13 Final Report(s) by Investigator/Institution
        Upon completion of the trial, the investigator should, where 
    required by the applicable regulatory requirements, inform the 
    institution, and the investigator/institution should provide the 
    sponsor with all required reports, the IRB/IEC with a summary of the 
    trial's outcome, and the regulatory authority(ies) with any 
    report(s) they require of the investigator/institution.
    5. Sponsor
    5.1 Quality Assurance and Quality Control
    5.1.1 The sponsor is responsible for implementing and maintaining 
    quality assurance and quality control systems with written SOP's to 
    ensure that trials are conducted and data are generated, documented 
    (recorded), and reported in compliance with the protocol, GCP, and 
    the applicable regulatory requirement(s).
    5.1.2 The sponsor is responsible for securing agreement from all 
    involved parties to ensure direct access (see 1.21) to all trial-
    related sites, source data/documents, and reports for the purpose of 
    monitoring and auditing by the sponsor, and inspection by domestic 
    and foreign regulatory authorities.
    5.1.3 Quality control should be applied to each stage of data 
    handling to ensure that all data are reliable and have been 
    processed correctly.
    5.1.4 Agreements, made by the sponsor with the investigator/
    institution and/or with any other parties involved with the clinical 
    trial, should be in writing, as part of the protocol or in a 
    separate agreement.
    5.2 Contract Research Organization (CRO)
    5.2.1 A sponsor may transfer any or all of the sponsor's trial-
    related duties and functions to a CRO, but the ultimate 
    responsibility for the quality and integrity of the trial data 
    always resides with the sponsor. The CRO should implement quality 
    assurance and quality control.
    5.2.2 Any trial-related duty and function that is transferred to and 
    assumed by a CRO should be specified in writing.
    5.2.3 Any trial-related duties and functions not specifically 
    transferred to and assumed by a CRO are retained by the sponsor.
    5.2.4 All references to a sponsor in this guideline also apply to a 
    CRO to the extent that a CRO has assumed the trial-related duties 
    and functions of a sponsor.
    5.3 Medical Expertise
        The sponsor should designate appropriately qualified medical 
    personnel who will be readily available to advise on trial-related 
    medical questions or problems. If necessary, outside consultant(s) 
    may be appointed for this purpose.
    5.4 Trial Design
    5.4.1 The sponsor should utilize qualified individuals (e.g., 
    biostatisticians, clinical pharmacologists, and physicians) as 
    appropriate, throughout all stages of the trial process, from 
    designing the protocol and CRF's and planning the analyses to 
    analyzing and preparing interim and final clinical trial/study 
    reports.
    5.4.2 For further guidance: Clinical Trial Protocol and Protocol 
    Amendment(s) (see 6.), the ICH Guideline for Structure and Content 
    of Clinical Study Reports, and other appropriate ICH guidance on 
    trial design, protocol, and conduct.
    5.5 Trial Management, Data Handling, Recordkeeping, and Independent 
    Data Monitoring Committee
    5.5.1 The sponsor should utilize appropriately qualified individuals 
    to supervise the overall conduct of the trial, to handle the data, 
    to verify the data, to conduct the statistical analyses, and to 
    prepare the trial reports.
    5.5.2 The sponsor may consider establishing an independent data 
    monitoring committee (IDMC) to assess the progress of a clinical 
    trial, including the safety data and the critical efficacy endpoints 
    at intervals, and to recommend to the sponsor whether to continue, 
    modify, or stop a trial. The IDMC should have written operating 
    procedures and maintain written records of all its meetings.
    5.5.3 When using electronic trial data handling and/or remote 
    electronic trial data systems, the sponsor should:
        (a) Ensure and document that the electronic data processing 
    system(s) conforms to the sponsor's established requirements for 
    completeness, accuracy, reliability, and consistent intended 
    performance (i.e., validation).
        (b) Maintain SOP's for using these systems.
        (c) Ensure that the systems are designed to permit data changes 
    in such a way that the data changes are documented and that there is 
    no deletion of entered data (i.e., maintain an audit trail, data 
    trail, edit trail).
        (d) Maintain a security system that prevents unauthorized access 
    to the data.
        (e) Maintain a list of the individuals who are authorized to 
    make data changes (see 4.1.5 and 4.9.3).
        (f) Maintain adequate backup of the data.
        (g) Safeguard the blinding, if any (e.g., maintain the blinding 
    during data entry and processing).
    5.5.4 If data are transformed during processing, it should always be 
    possible to compare the original data and observations with the 
    processed data.
    5.5.5 The sponsor should use an unambiguous subject identification 
    code (see 1.58) that allows identification of all the data reported 
    for each subject.
    5.5.6 The sponsor, or other owners of the data, should retain all of 
    the sponsor-specific essential documents pertaining to the trial. 
    (See 8. ``Essential Documents for the Conduct of a Clinical 
    Trial.'')
    5.5.7 The sponsor should retain all sponsor-specific essential 
    documents in conformance with the applicable regulatory 
    requirement(s) of the country(ies) where the product is approved, 
    and/or where the sponsor intends to apply for approval(s).
    
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    5.5.8 If the sponsor discontinues the clinical development of an 
    investigational product (i.e., for any or all indications, routes of 
    administration, or dosage forms), the sponsor should maintain all 
    sponsor-specific essential documents for at least 2 years after 
    formal discontinuation or in conformance with the applicable 
    regulatory requirement(s).
    5.5.9 If the sponsor discontinues the clinical development of an 
    investigational product, the sponsor should notify all the trial 
    investigators/institutions and all the appropriate regulatory 
    authorities.
    5.5.10 Any transfer of ownership of the data should be reported to 
    the appropriate authority(ies), as required by the applicable 
    regulatory requirement(s).
    5.5.11 The sponsor-specific essential documents should be retained 
    until at least 2 years after the last approval of a marketing 
    application in an ICH region and until there are no pending or 
    contemplated marketing applications in an ICH region or at least 2 
    years have elapsed since the formal discontinuation of clinical 
    development of the investigational product. These documents should 
    be retained for a longer period, however, if required by the 
    applicable regulatory requirement(s) or if needed by the sponsor.
    5.5.12 The sponsor should inform the investigator(s)/institution(s) 
    in writing of the need for record retention and should notify the 
    investigator(s)/institution(s) in writing when the trial-related 
    records are no longer needed (see 4.9.5).
    5.6 Investigator Selection
    5.6.1 The sponsor is responsible for selecting the investigator(s)/
    institution(s). Each investigator should be qualified by training 
    and experience and should have adequate resources (see 4.1, 4.2) to 
    properly conduct the trial for which the investigator is selected. 
    If a coordinating committee and/or coordinating investigator(s) are 
    to be utilized in multicenter trials, their organization and/or 
    selection are the sponsor's responsibility.
    5.6.2 Before entering an agreement with an investigator/institution 
    to conduct a trial, the sponsor should provide the investigator(s)/
    institution(s) with the protocol and an up-to-date Investigator's 
    Brochure, and should provide sufficient time for the investigator/
    institution to review the protocol and the information provided.
    5.6.3 The sponsor should obtain the investigator's/institution's 
    agreement:
        (a) To conduct the trial in compliance with GCP, with the 
    applicable regulatory requirement(s), and with the protocol agreed 
    to by the sponsor and given approval/favorable opinion by the IRB/
    IEC;
        (b) To comply with procedures for data recording/reporting: and
        (c) To permit monitoring, auditing, and inspection (see 4.1.4).
        (d) To retain the essential documents that should be in the 
    investigator/institution files (see 8.) until the sponsor informs 
    the investigator/institution these documents are no longer needed 
    (see 4.9.4, 4.9.5, and 5.5.12).
        The sponsor and the investigator/institution should sign the 
    protocol, or an alternative document, to confirm this agreement.
    5.7 Allocation of Duties and Functions
        Prior to initiating a trial, the sponsor should define, 
    establish, and allocate all trial-related duties and functions.
    5.8 Compensation to Subjects and Investigators
    5.8.1 If required by the applicable regulatory requirement(s), the 
    sponsor should provide insurance or should indemnify (legal and 
    financial coverage) the investigator/the institution against claims 
    arising from the trial, except for claims that arise from 
    malpractice and/or negligence.
    5.8.2 The sponsor's policies and procedures should address the costs 
    of treatment of trial subjects in the event of trial-related 
    injuries in accordance with the applicable regulatory 
    requirement(s).
    5.8.3 When trial subjects receive compensation, the method and 
    manner of compensation should comply with applicable regulatory 
    requirement(s).
    5.9 Financing
        The financial aspects of the trial should be documented in an 
    agreement between the sponsor and the investigator/institution.
    5.10 Notification/Submission to Regulatory Authority(ies)
        Before initiating the clinical trial(s), the sponsor (or the 
    sponsor and the investigator, if required by the applicable 
    regulatory requirement(s)), should submit any required 
    application(s) to the appropriate authority(ies) for review, 
    acceptance, and/or permission (as required by the applicable 
    regulatory requirement(s)) to begin the trial(s). Any notification/
    submission should be dated and contain sufficient information to 
    identify the protocol.
    5.11 Confirmation of Review by IRB/IEC
    5.11.1 The sponsor should obtain from the investigator/institution:
        (a) The name and address of the investigator's/institution's 
    IRB/IEC.
        (b) A statement obtained from the IRB/IEC that it is organized 
    and operates according to GCP and the applicable laws and 
    regulations.
        (c) Documented IRB/IEC approval/favorable opinion and, if 
    requested by the sponsor, a current copy of protocol, written 
    informed consent form(s) and any other written information to be 
    provided to subjects, subject recruiting procedures, and documents 
    related to payments and compensation available to the subjects, and 
    any other documents that the IRB/IEC may have requested.
    5.11.2 If the IRB/IEC conditions its approval/favorable opinion upon 
    change(s) in any aspect of the trial, such as modification(s) of the 
    protocol, written informed consent form and any other written 
    information to be provided to subjects, and/or other procedures, the 
    sponsor should obtain from the investigator/institution a copy of 
    the modification(s) made and the date approval/favorable opinion was 
    given by the IRB/IEC.
    5.11.3 The sponsor should obtain from the investigator/institution 
    documentation and dates of any IRB/IEC reapprovals/reevaluations 
    with favorable opinion, and of any withdrawals or suspensions of 
    approval/favorable opinion.
    5.12 Information on Investigational Product(s)
    5.12.1 When planning trials, the sponsor should ensure that 
    sufficient safety and efficacy data from nonclinical studies and/or 
    clinical trials are available to support human exposure by the 
    route, at the dosages, for the duration, and in the trial population 
    to be studied.
    5.12.2 The sponsor should update the Investigator's Brochure as 
    significant new information becomes available. (See 7. 
    ``Investigator's Brochure.'')
    5.13 Manufacturing, Packaging, Labeling, and Coding Investigational 
    Product(s)
    5.13.1 The sponsor should ensure that the investigational product(s) 
    (including active comparator(s) and placebo, if applicable) is 
    characterized as appropriate to the stage of development of the 
    product(s), is manufactured in accordance with any applicable GMP, 
    and is coded and labeled in a manner that protects the blinding, if 
    applicable. In addition, the labeling should comply with applicable 
    regulatory requirement(s).
    5.13.2 The sponsor should determine, for the investigational 
    product(s), acceptable storage temperatures, storage conditions 
    (e.g., protection from light), storage times, reconstitution fluids 
    and procedures, and devices for product infusion, if any. The 
    sponsor should inform all involved parties (e.g., monitors, 
    investigators, pharmacists, storage managers) of these 
    determinations.
    5.13.3 The investigational product(s) should be packaged to prevent 
    contamination and unacceptable deterioration during transport and 
    storage.
    5.13.4 In blinded trials, the coding system for the investigational 
    product(s) should include a mechanism that permits rapid 
    identification of the product(s) in case of a medical emergency, but 
    does not permit undetectable breaks of the blinding.
    5.13.5 If significant formulation changes are made in the 
    investigational or comparator product(s) during the course of 
    clinical development, the results of any additional studies of the 
    formulated product(s) (e.g., stability, dissolution rate, 
    bioavailability) needed to assess whether these changes would 
    significantly alter the pharmacokinetic profile of the product 
    should be available prior to the use of the new formulation in 
    clinical trials.
    5.14 Supplying and Handling Investigational Product(s)
    5.14.1 The sponsor is responsible for supplying the investigator(s)/
    institution(s) with the investigational product(s).
    5.14.2 The sponsor should not supply an investigator/institution 
    with the investigational product(s) until the sponsor obtains all 
    required documentation (e.g., approval/favorable opinion from IRB/
    IEC and regulatory authority(ies)).
    5.14.3 The sponsor should ensure that written procedures include 
    instructions that the investigator/institution should follow for the 
    handling and storage of investigational product(s) for the trial and 
    documentation thereof. The procedures should address adequate and 
    safe receipt, handling, storage, dispensing, retrieval of unused 
    product from subjects, and return of unused investigational 
    product(s) to the sponsor (or alternative disposition if authorized 
    by the sponsor and in compliance with the applicable regulatory 
    requirement(s)).
    
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    5.14.4 The sponsor should:
        (a) Ensure timely delivery of investigational product(s) to the 
    investigator(s).
        (b) Maintain records that document shipment, receipt, 
    disposition, return, and destruction of the investigational 
    product(s). (See 8. ``Essential Documents for the Conduct of a 
    Clinical Trial.'')
        (c) Maintain a system for retrieving investigational products 
    and documenting this retrieval (e.g., for deficient product recall, 
    reclaim after trial completion, expired product reclaim).
        (d) Maintain a system for the disposition of unused 
    investigational product(s) and for the documentation of this 
    disposition.
    5.14.5 The sponsor should:
        (a) Take steps to ensure that the investigational product(s) are 
    stable over the period of use.
        (b) Maintain sufficient quantities of the investigational 
    product(s) used in the trials to reconfirm specifications, should 
    this become necessary, and maintain records of batch sample analyses 
    and characteristics. To the extent stability permits, samples should 
    be retained either until the analyses of the trial data are complete 
    or as required by the applicable regulatory requirement(s), 
    whichever represents the longer retention period.
    5.15 Record Access
    5.15.1 The sponsor should ensure that it is specified in the 
    protocol or other written agreement that the investigator(s)/
    institution(s) provide direct access to source data/documents for 
    trial-related monitoring, audits, IRB/IEC review, and regulatory 
    inspection.
    5.15.2 The sponsor should verify that each subject has consented, in 
    writing, to direct access to his/her original medical records for 
    trial-related monitoring, audit, IRB/IEC review, and regulatory 
    inspection.
    5.16 Safety Information
    5.16.1 The sponsor is responsible for the ongoing safety evaluation 
    of the investigational product(s).
    5.16.2 The sponsor should promptly notify all concerned 
    investigator(s)/institution(s) and the regulatory authority(ies) of 
    findings that could affect adversely the safety of subjects, impact 
    the conduct of the trial, or alter the IRB/IEC's approval/favorable 
    opinion to continue the trial.
    5.17 Adverse Drug Reaction Reporting
    5.17.1 The sponsor should expedite the reporting to all concerned 
    investigator(s)/institutions(s), to the IRB(s)/IEC(s), where 
    required, and to the regulatory authority(ies) of all adverse drug 
    reactions (ADR's) that are both serious and unexpected.
    5.17.2 Such expedited reports should comply with the applicable 
    regulatory requirement(s) and with the ICH Guideline for Clinical 
    Safety Data Management: Definitions and Standards for Expedited 
    Reporting.
    5.17.3 The sponsor should submit to the regulatory authority(ies) 
    all safety updates and periodic reports, as required by applicable 
    regulatory requirement(s).
    5.18 Monitoring
    5.18.1 Purpose. The purposes of trial monitoring are to verify that:
        (a) The rights and well-being of human subjects are protected.
        (b) The reported trial data are accurate, complete, and 
    verifiable from source documents.
        (c) The conduct of the trial is in compliance with the currently 
    approved protocol/amendment(s), with GCP, and with applicable 
    regulatory requirement(s).
    5.18.2 Selection and Qualifications of Monitors.
        (a) Monitors should be appointed by the sponsor.
        (b) Monitors should be appropriately trained, and should have 
    the scientific and/or clinical knowledge needed to monitor the trial 
    adequately. A monitor's qualifications should be documented.
        (c) Monitors should be thoroughly familiar with the 
    investigational product(s), the protocol, written informed consent 
    form and any other written information to be provided to subjects, 
    the sponsor's SOP's, GCP, and the applicable regulatory 
    requirement(s).
    5.18.3 Extent and Nature of Monitoring.
        The sponsor should ensure that the trials are adequately 
    monitored. The sponsor should determine the appropriate extent and 
    nature of monitoring. The determination of the extent and nature of 
    monitoring should be based on considerations such as the objective, 
    purpose, design, complexity, blinding, size, and endpoints of the 
    trial. In general there is a need for on-site monitoring, before, 
    during, and after the trial; however, in exceptional circumstances 
    the sponsor may determine that central monitoring in conjunction 
    with procedures such as investigators' training and meetings, and 
    extensive written guidance can assure appropriate conduct of the 
    trial in accordance with GCP. Statistically controlled sampling may 
    be an acceptable method for selecting the data to be verified.
    5.18.4 Monitor's Responsibilities.
        The monitor(s), in accordance with the sponsor's requirements, 
    should ensure that the trial is conducted and documented properly by 
    carrying out the following activities when relevant and necessary to 
    the trial and the trial site:
        (a) Acting as the main line of communication between the sponsor 
    and the investigator.
        (b) Verifying that the investigator has adequate qualifications 
    and resources (see 4.1, 4.2, 5.6) and these remain adequate 
    throughout the trial period, and that the staff and facilities, 
    including laboratories and equipment, are adequate to safely and 
    properly conduct the trial and these remain adequate throughout the 
    trial period.
        (c) Verifying, for the investigational product(s):
        (i) That storage times and conditions are acceptable, and that 
    supplies are sufficient throughout the trial.
        (ii) That the investigational product(s) are supplied only to 
    subjects who are eligible to receive it and at the protocol 
    specified dose(s).
        (iii) That subjects are provided with necessary instruction on 
    properly using, handling, storing, and returning the investigational 
    product(s).
        (iv) That the receipt, use, and return of the investigational 
    product(s) at the trial sites are controlled and documented 
    adequately.
        (v) That the disposition of unused investigational product(s) at 
    the trial sites complies with applicable regulatory requirement(s) 
    and is in accordance with the sponsor's authorized procedures.
        (d) Verifying that the investigator follows the approved 
    protocol and all approved amendment(s), if any.
        (e) Verifying that written informed consent was obtained before 
    each subject's participation in the trial.
        (f) Ensuring that the investigator receives the current 
    Investigator's Brochure, all documents, and all trial supplies 
    needed to conduct the trial properly and to comply with the 
    applicable regulatory requirement(s).
        (g) Ensuring that the investigator and the investigator's trial 
    staff are adequately informed about the trial.
        (h) Verifying that the investigator and the investigator's trial 
    staff are performing the specified trial functions, in accordance 
    with the protocol and any other written agreement between the 
    sponsor and the investigator/institution, and have not delegated 
    these functions to unauthorized individuals.
        (i) Verifying that the investigator is enrolling only eligible 
    subjects.
        (j) Reporting the subject recruitment rate.
        (k) Verifying that source data/documents and other trial records 
    are accurate, complete, kept up-to-date, and maintained.
        (l) Verifying that the investigator provides all the required 
    reports, notifications, applications, and submissions, and that 
    these documents are accurate, complete, timely, legible, dated, and 
    identify the trial.
        (m) Checking the accuracy and completeness of the CRF entries, 
    source data/documents, and other trial-related records against each 
    other. The monitor specifically should verify that:
        (i) The data required by the protocol are reported accurately on 
    the CRF's and are consistent with the source data/documents.
        (ii) Any dose and/or therapy modifications are well documented 
    for each of the trial subjects.
        (iii) Adverse events, concomitant medications, and intercurrent 
    illnesses are reported in accordance with the protocol on the CRF's.
        (iv) Visits that the subjects fail to make, tests that are not 
    conducted, and examinations that are not performed are clearly 
    reported as such on the CRF's.
        (v) All withdrawals and dropouts of enrolled subjects from the 
    trial are reported and explained on the CRF's.
        (n) Informing the investigator of any CRF entry error, omission, 
    or illegibility. The monitor should ensure that appropriate 
    corrections, additions, or deletions are made, dated, explained (if 
    necessary), and initialed by the investigator or by a member of the 
    investigator's trial staff who is authorized to initial CRF changes 
    for the investigator. This authorization should be documented.
        (o) Determining whether all adverse events (AE's) are 
    appropriately reported within the time periods required by GCP, the 
    protocol, the IRB/IEC, the sponsor, the applicable regulatory 
    requirement(s), and indicated in the ICH Guideline for Clinical 
    Safety Data Management: Definitions and Standards for Expedited 
    Reporting.
    
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        (p) Determining whether the investigator is maintaining the 
    essential documents. (See 8. ``Essential Documents for the Conduct 
    of a Clinical Trial.'')
        (q) Communicating deviations from the protocol, SOP's, GCP, and 
    the applicable regulatory requirements to the investigator and 
    taking appropriate action designed to prevent recurrence of the 
    detected deviations.
    5.18.5 Monitoring Procedures.
        The monitor(s) should follow the sponsor's established written 
    SOP's as well as those procedures that are specified by the sponsor 
    for monitoring a specific trial.
    5.18.6 Monitoring Report.
        (a) The monitor should submit a written report to the sponsor 
    after each trial-site visit or trial-related communication.
        (b) Reports should include the date, site, name of the monitor, 
    and name of the investigator or other individual(s) contacted.
        (c) Reports should include a summary of what the monitor 
    reviewed and the monitor's statements concerning the significant 
    findings/facts, deviations and deficiencies, conclusions, actions 
    taken or to be taken, and/or actions recommended to secure 
    compliance.
        (d) The review and follow-up of the monitoring report by the 
    sponsor should be documented by the sponsor's designated 
    representative.
    5.19 Audit
        If or when sponsors perform audits, as part of implementing 
    quality assurance, they should consider:
    5.19.1 Purpose.
        The purpose of a sponsor's audit, which is independent of and 
    separate from routine monitoring or quality control functions, 
    should be to evaluate trial conduct and compliance with the 
    protocol, SOP's, GCP, and the applicable regulatory requirements.
    5.19.2 Selection and Qualification of Auditors.
        (a) The sponsor should appoint individuals, who are independent 
    of the clinical trial/data collection system(s), to conduct audits.
        (b) The sponsor should ensure that the auditors are qualified by 
    training and experience to conduct audits properly. An auditor's 
    qualifications should be documented.
    5.19.3 Auditing Procedures.
        (a) The sponsor should ensure that the auditing of clinical 
    trials/systems is conducted in accordance with the sponsor's written 
    procedures on what to audit, how to audit, the frequency of audits, 
    and the form and content of audit reports.
        (b) The sponsor's audit plan and procedures for a trial audit 
    should be guided by the importance of the trial to submissions to 
    regulatory authorities, the number of subjects in the trial, the 
    type and complexity of the trial, the level of risks to the trial 
    subjects, and any identified problem(s).
        (c) The observations and findings of the auditor(s) should be 
    documented.
        (d) To preserve the independence and value of the audit 
    function, the regulatory authority(ies) should not routinely request 
    the audit reports. Regulatory authority(ies) may seek access to an 
    audit report on a case-by-case basis, when evidence of serious GCP 
    noncompliance exists, or in the course of legal proceedings or 
    investigations.
        (e) Where required by applicable law or regulation, the sponsor 
    should provide an audit certificate.
    5.20 Noncompliance
    5.20.1 Noncompliance with the protocol, SOP's, GCP, and/or 
    applicable regulatory requirement(s) by an investigator/institution, 
    or by member(s) of the sponsor's staff should lead to prompt action 
    by the sponsor to secure compliance.
    5.20.2 If the monitoring and/or auditing identifies serious and/or 
    persistent noncompliance on the part of an investigator/institution, 
    the sponsor should terminate the investigator's/institution's 
    participation in the trial. When an investigator's/institution's 
    participation is terminated because of noncompliance, the sponsor 
    should notify promptly the regulatory authority(ies).
    5.21 Premature Termination or Suspension of a Trial
        If a trial is terminated prematurely or suspended, the sponsor 
    should promptly inform the investigators/institutions, and the 
    regulatory authority(ies) of the termination or suspension and the 
    reason(s) for the termination or suspension. The IRB/IEC should also 
    be informed promptly and provided the reason(s) for the termination 
    or suspension by the sponsor or by the investigator/institution, as 
    specified by the applicable regulatory requirement(s).
    5.22 Clinical Trial/Study Reports
        Whether the trial is completed or prematurely terminated, the 
    sponsor should ensure that the clinical trial/study reports are 
    prepared and provided to the regulatory agency(ies) as required by 
    the applicable regulatory requirement(s). The sponsor should also 
    ensure that the clinical trial/study reports in marketing 
    applications meet the standards of the ICH Guideline for Structure 
    and Content of Clinical Study Reports. (NOTE: The ICH Guideline for 
    Structure and Content of Clinical Study Reports specifies that 
    abbreviated study reports may be acceptable in certain cases.)
    5.23 Multicenter Trials
        For multicenter trials, the sponsor should ensure that:
    5.23.1 All investigators conduct the trial in strict compliance with 
    the protocol agreed to by the sponsor and, if required, by the 
    regulatory authority(ies), and given approval/favorable opinion by 
    the IRB/IEC.
    5.23.2 The CRF's are designed to capture the required data at all 
    multicenter trial sites. For those investigators who are collecting 
    additional data, supplemental CRF's should also be provided that are 
    designed to capture the additional data.
    5.23.3 The responsibilities of the coordinating investigator(s) and 
    the other participating investigators are documented prior to the 
    start of the trial.
    5.23.4 All investigators are given instructions on following the 
    protocol, on complying with a uniform set of standards for the 
    assessment of clinical and laboratory findings, and on completing 
    the CRF's.
    5.23.5 Communication between investigators is facilitated.
    6. Clinical Trial Protocol and Protocol Amendment(s)
        The contents of a trial protocol should generally include the 
    following topics. However, site specific information may be provided 
    on separate protocol page(s), or addressed in a separate agreement, 
    and some of the information listed below may be contained in other 
    protocol referenced documents, such as an Investigator's Brochure.
    6.1 General Information
    6.1.1 Protocol title, protocol identifying number, and date. Any 
    amendment(s) should also bear the amendment number(s) and date(s).
    6.1.2 Name and address of the sponsor and monitor (if other than the 
    sponsor).
    6.1.3 Name and title of the person(s) authorized to sign the 
    protocol and the protocol amendment(s) for the sponsor.
    6.1.4 Name, title, address, and telephone number(s) of the sponsor's 
    medical expert (or dentist when appropriate) for the trial.
    6.1.5 Name and title of the investigator(s) who is (are) responsible 
    for conducting the trial, and the address and telephone number(s) of 
    the trial site(s).
    6.1.6 Name, title, address, and telephone number(s) of the qualified 
    physician (or dentist, if applicable) who is responsible for all 
    trial-site related medical (or dental) decisions (if other than 
    investigator).
    6.1.7 Name(s) and address(es) of the clinical laboratory(ies) and 
    other medical and/or technical department(s) and/or institutions 
    involved in the trial.
    6.2 Background Information
    6.2.1 Name and description of the investigational product(s).
    6.2.2 A summary of findings from nonclinical studies that 
    potentially have clinical significance and from clinical trials that 
    are relevant to the trial.
    6.2.3 Summary of the known and potential risks and benefits, if any, 
    to human subjects.
    6.2.4 Description of and justification for the route of 
    administration, dosage, dosage regimen, and treatment period(s).
    6.2.5 A statement that the trial will be conducted in compliance 
    with the protocol, GCP, and the applicable regulatory 
    requirement(s).
    6.2.6 Description of the population to be studied.
    6.2.7 References to literature and data that are relevant to the 
    trial, and that provide background for the trial.
    6.3 Trial Objectives and Purpose
        A detailed description of the objectives and the purpose of the 
    trial.
    6.4 Trial Design
        The scientific integrity of the trial and the credibility of the 
    data from the trial depend substantially on the trial design. A 
    description of the trial design should include:
    6.4.1 A specific statement of the primary endpoints and the 
    secondary endpoints, if any, to be measured during the trial.
    6.4.2 A description of the type/design of trial to be conducted 
    (e.g., double-blind, placebo-controlled, parallel design) and a 
    schematic diagram of trial design, procedures, and stages.
    6.4.3 A description of the measures taken to minimize/avoid bias, 
    including (for example):
    
    [[Page 25703]]
    
        (a) Randomization.
        (b) Blinding.
    6.4.4 A description of the trial treatment(s) and the dosage and 
    dosage regimen of the investigational product(s). Also include a 
    description of the dosage form, packaging, and labeling of the 
    investigational product(s).
    6.4.5 The expected duration of subject participation, and a 
    description of the sequence and duration of all trial periods, 
    including follow-up, if any.
    6.4.6 A description of the ``stopping rules'' or ``discontinuation 
    criteria'' for individual subjects, parts of trial, and entire 
    trial.
    6.4.7 Accountability procedures for the investigational product(s), 
    including the placebo(s) and comparator(s), if any.
    6.4.8 Maintenance of trial treatment randomization codes and 
    procedures for breaking codes.
    6.4.9 The identification of any data to be recorded directly on the 
    CRF's (i.e., no prior written or electronic record of data), and to 
    be considered to be source data.
    6.5 Selection and Withdrawal of Subjects
    6.5.1 Subject inclusion criteria.
    6.5.2 Subject exclusion criteria.
    6.5.3 Subject withdrawal criteria (i.e., terminating investigational 
    product treatment/trial treatment) and procedures specifying:
        (a) When and how to withdraw subjects from the trial/ 
    investigational product treatment.
        (b) The type and timing of the data to be collected for 
    withdrawn subjects.
        (c) Whether and how subjects are to be replaced.
        (d) The follow-up for subjects withdrawn from investigational 
    product treatment/trial treatment.
    6.6 Treatment of Subjects
    6.6.1 The treatment(s) to be administered, including the name(s) of 
    all the product(s), the dose(s), the dosing schedule(s), the route/
    mode(s) of administration, and the treatment period(s), including 
    the follow-up period(s) for subjects for each investigational 
    product treatment/trial treatment group/arm of the trial.
    6.6.2 Medication(s)/treatment(s) permitted (including rescue 
    medication) and not permitted before and/or during the trial.
    6.6.3 Procedures for monitoring subject compliance.
    6.7 Assessment of Efficacy
    6.7.1 Specification of the efficacy parameters.
    6.7.2 Methods and timing for assessing, recording, and analyzing 
    efficacy parameters.
    6.8 Assessment of Safety
    6.8.1 Specification of safety parameters.
    6.8.2 The methods and timing for assessing, recording, and analyzing 
    safety parameters.
    6.8.3 Procedures for eliciting reports of and for recording and 
    reporting adverse event and intercurrent illnesses.
    6.8.4 The type and duration of the follow-up of subjects after 
    adverse events.
    6.9 Statistics
    6.9.1 A description of the statistical methods to be employed, 
    including timing of any planned interim analysis(ses).
    6.9.2 The number of subjects planned to be enrolled. In multicenter 
    trials, the number of enrolled subjects projected for each trial 
    site should be specified. Reason for choice of sample size, 
    including reflections on (or calculations of) the power of the trial 
    and clinical justification.
    6.9.3 The level of significance to be used.
    6.9.4 Criteria for the termination of the trial.
    6.9.5 Procedure for accounting for missing, unused, and spurious 
    data.
    6.9.6 Procedures for reporting any deviation(s) from the original 
    statistical plan (any deviation(s) from the original statistical 
    plan should be described and justified in the protocol and/or in the 
    final report, as appropriate).
    6.9.7 The selection of subjects to be included in the analyses 
    (e.g., all randomized subjects, all dosed subjects, all eligible 
    subjects, evaluate-able subjects).
    6.10 Direct Access to Source Data/Documents
        The sponsor should ensure that it is specified in the protocol 
    or other written agreement that the investigator(s)/institution(s) 
    will permit trial-related monitoring, audits, IRB/IEC review, and 
    regulatory inspection(s) by providing direct access to source data/
    documents.
    6.11 Quality Control and Quality Assurance 
    6.12 Ethics
        Description of ethical considerations relating to the trial.
    6.13 Data Handling and Recordkeeping
    6.14 Financing and Insurance
        Financing and insurance if not addressed in a separate 
    agreement.
    6.15 Publication Policy
        Publication policy, if not addressed in a separate agreement.
    6.16 Supplements
        (NOTE: Since the protocol and the clinical trial/study report 
    are closely related, further relevant information can be found in 
    the ICH Guideline for Structure and Content of Clinical Study 
    Reports.)
    7. Investigator's Brochure
    7.1 Introduction
        The Investigator's Brochure (IB) is a compilation of the 
    clinical and nonclinical data on the investigational product(s) that 
    are relevant to the study of the product(s) in human subjects. Its 
    purpose is to provide the investigators and others involved in the 
    trial with the information to facilitate their understanding of the 
    rationale for, and their compliance with, many key features of the 
    protocol, such as the dose, dose frequency/interval, methods of 
    administration, and safety monitoring procedures. The IB also 
    provides insight to support the clinical management of the study 
    subjects during the course of the clinical trial. The information 
    should be presented in a concise, simple, objective, balanced, and 
    nonpromotional form that enables a clinician, or potential 
    investigator, to understand it and make his/her own unbiased risk-
    benefit assessment of the appropriateness of the proposed trial. For 
    this reason, a medically qualified person should generally 
    participate in the editing of an IB, but the contents of the IB 
    should be approved by the disciplines that generated the described 
    data.
        This guideline delineates the minimum information that should be 
    included in an IB and provides suggestions for its layout. It is 
    expected that the type and extent of information available will vary 
    with the stage of development of the investigational product. If the 
    investigational product is marketed and its pharmacology is widely 
    understood by medical practitioners, an extensive IB may not be 
    necessary. Where permitted by regulatory authorities, a basic 
    product information brochure, package leaflet, or labeling may be an 
    appropriate alternative, provided that it includes current, 
    comprehensive, and detailed information on all aspects of the 
    investigational product that might be of importance to the 
    investigator. If a marketed product is being studied for a new use 
    (i.e., a new indication), an IB specific to that new use should be 
    prepared. The IB should be reviewed at least annually and revised as 
    necessary in compliance with a sponsor's written procedures. More 
    frequent revision may be appropriate depending on the stage of 
    development and the generation of relevant new information. However, 
    in accordance with GCP, relevant new information may be so important 
    that it should be communicated to the investigators, and possibly to 
    the Institutional Review Boards (IRB's)/Independent Ethics 
    Committees (IEC's) and/or regulatory authorities before it is 
    included in a revised IB.
        Generally, the sponsor is responsible for ensuring that an up-
    to-date IB is made available to the investigator(s) and the 
    investigators are responsible for providing the up-to-date IB to the 
    responsible IRB's/IEC's. In the case of an investigator-sponsored 
    trial, the sponsor-investigator should determine whether a brochure 
    is available from the commercial manufacturer. If the 
    investigational product is provided by the sponsor-investigator, 
    then he or she should provide the necessary information to the trial 
    personnel. In cases where preparation of a formal IB is impractical, 
    the sponsor-investigator should provide, as a substitute, an 
    expanded background information section in the trial protocol that 
    contains the minimum current information described in this 
    guideline.
    7.2 General Considerations
        The IB should include:
    7.2.1 Title Page. This should provide the sponsor's name, the 
    identity of each investigational product (i.e., research number, 
    chemical or approved generic name, and trade name(s) where legally 
    permissible and desired by the sponsor), and the release date. It is 
    also suggested that an edition number, and a reference to the number 
    and date of the edition it supersedes, be provided. An example is 
    given in Appendix 1.
    7.2.2 Confidentiality Statement. The sponsor may wish to include a 
    statement instructing the investigator/recipients to treat the IB as 
    a confidential document for the sole information and use of the 
    investigator's team and the IRB/IEC.
    7.3 Contents of the Investigator's Brochure. The IB should contain 
    the following sections, each with literature references where 
    appropriate:
    7.3.1 Table of Contents. An example of the Table of Contents is 
    given in Appendix 2.
    7.3.2 Summary. A brief summary (preferably not exceeding two pages) 
    should be given, highlighting the significant physical, chemical, 
    pharmaceutical, pharmacological, toxicological, pharmacokinetic, 
    metabolic,
    
    [[Page 25704]]
    
    and clinical information available that is relevant to the stage of 
    clinical development of the investigational product.
    7.3.3 Introduction. A brief introductory statement should be 
    provided that contains the chemical name (and generic and trade 
    name(s) when approved) of the investigational product(s), all active 
    ingredients, the investigational product(s) pharmacological class 
    and its expected position within this class (e.g., advantages), the 
    rationale for performing research with the investigational 
    product(s), and the anticipated prophylactic, therapeutic, or 
    diagnostic indication(s). Finally, the introductory statement should 
    provide the general approach to be followed in evaluating the 
    investigational product.
    7.3.4 Physical, Chemical, and Pharmaceutical Properties and 
    Formulation. A description should be provided of the investigational 
    product substance(s) (including the chemical and/or structural 
    formula(e)), and a brief summary should be given of the relevant 
    physical, chemical, and pharmaceutical properties.
        To permit appropriate safety measures to be taken in the course 
    of the trial, a description of the formulation(s) to be used, 
    including excipients, should be provided and justified if clinically 
    relevant. Instructions for the storage and handling of the dosage 
    form(s) should also be given.
        Any structural similarities to other known compounds should be 
    mentioned.
    7.3.5 Nonclinical Studies.
        Introduction:
        The results of all relevant nonclinical pharmacology, 
    toxicology, pharmacokinetic, and investigational product metabolism 
    studies should be provided in summary form. This summary should 
    address the methodology used, the results, and a discussion of the 
    relevance of the findings to the investigated therapeutic and the 
    possible unfavorable and unintended effects in humans.
        The information provided may include the following, as 
    appropriate, if known/available:
        Species tested;
        Number and sex of animals in each group;
        Unit dose (e.g., milligram/kilogram (mg/kg));
        Dose interval;
        Route of administration;
        Duration of dosing;
        Information on systemic distribution;
        Duration of post-exposure follow-up;
        Results, including the following aspects:
        - Nature and frequency of pharmacological or toxic effects;
        - Severity or intensity of pharmacological or toxic effects;
        - Time to onset of effects;
        - Reversibility of effects;
        - Duration of effects;
        - Dose response.
        Tabular format/listings should be used whenever possible to 
    enhance the clarity of the presentation.
        The following sections should discuss the most important 
    findings from the studies, including the dose response of observed 
    effects, the relevance to humans, and any aspects to be studied in 
    humans. If applicable, the effective and nontoxic dose findings in 
    the same animal species should be compared (i.e., the therapeutic 
    index should be discussed). The relevance of this information to the 
    proposed human dosing should be addressed. Whenever possible, 
    comparisons should be made in terms of blood/tissue levels rather 
    than on a mg/kg basis.
        (a) Nonclinical Pharmacology
        A summary of the pharmacological aspects of the investigational 
    product and, where appropriate, its significant metabolites studied 
    in animals should be included. Such a summary should incorporate 
    studies that assess potential therapeutic activity (e.g., efficacy 
    models, receptor binding, and specificity) as well as those that 
    assess safety (e.g., special studies to assess pharmacological 
    actions other than the intended therapeutic effect(s)).
        (b) Pharmacokinetics and Product Metabolism in Animals
        A summary of the pharmacokinetics and biological transformation 
    and disposition of the investigational product in all species 
    studied should be given. The discussion of the findings should 
    address the absorption and the local and systemic bioavailability of 
    the investigational product and its metabolites, and their 
    relationship to the pharmacological and toxicological findings in 
    animal species.
        (c) Toxicology
        A summary of the toxicological effects found in relevant studies 
    conducted in different animal species should be described under the 
    following headings where appropriate:
        Single dose;
        Repeated dose;
        Carcinogenicity;
        Special studies (e.g., irritancy and sensitization);
        Reproductive toxicity;
        Genotoxicity (mutagenicity).
    7.3.6 Effects in Humans.
        Introduction:
        A thorough discussion of the known effects of the 
    investigational product(s) in humans should be provided, including 
    information on pharmacokinetics, metabolism, pharmacodynamics, dose 
    response, safety, efficacy, and other pharmacological activities. 
    Where possible, a summary of each completed clinical trial should be 
    provided. Information should also be provided regarding results from 
    any use of the investigational product(s) other than in clinical 
    trials, such as from experience during marketing.
        (a) Pharmacokinetics and Product Metabolism in Humans
        A summary of information on the pharmacokinetics of the 
    investigational product(s) should be presented, including the 
    following, if available:
        Pharmacokinetics (including metabolism, as appropriate, and 
    absorption, plasma protein binding, distribution, and elimination).
        Bioavailability of the investigational product (absolute, where 
    possible, and/or relative) using a reference dosage form.
        Population subgroups (e.g., gender, age, and impaired organ 
    function).
        Interactions (e.g., product-product interactions and effects of 
    food).
        Other pharmacokinetic data (e.g., results of population studies 
    performed within clinical trial(s)).
        (b) Safety and Efficacy
        A summary of information should be provided about the 
    investigational product's/products' (including metabolites, where 
    appropriate) safety, pharmacodynamics, efficacy, and dose response 
    that were obtained from preceding trials in humans (healthy 
    volunteers and/or patients). The implications of this information 
    should be discussed. In cases where a number of clinical trials have 
    been completed, the use of summaries of safety and efficacy across 
    multiple trials by indications in subgroups may provide a clear 
    presentation of the data. Tabular summaries of adverse drug 
    reactions for all the clinical trials (including those for all the 
    studied indications) would be useful. Important differences in 
    adverse drug reaction patterns/incidences across indications or 
    subgroups should be discussed.
        The IB should provide a description of the possible risks and 
    adverse drug reactions to be anticipated on the basis of prior 
    experiences with the product under investigation and with related 
    products. A description should also be provided of the precautions 
    or special monitoring to be done as part of the investigational use 
    of the product(s).
        (c) Marketing Experience
        The IB should identify countries where the investigational 
    product has been marketed or approved. Any significant information 
    arising from the marketed use should be summarized (e.g., 
    formulations, dosages, routes of administration, and adverse product 
    reactions). The IB should also identify all the countries where the 
    investigational product did not receive approval/registration for 
    marketing or was withdrawn from marketing/registration.
    7.3.7 Summary of Data and Guidance for the Investigator.
        This section should provide an overall discussion of the 
    nonclinical and clinical data, and should summarize the information 
    from various sources on different aspects of the investigational 
    product(s), wherever possible. In this way, the investigator can be 
    provided with the most informative interpretation of the available 
    data and with an assessment of the implications of the information 
    for future clinical trials.
        Where appropriate, the published reports on related products 
    should be discussed. This could help the investigator to anticipate 
    adverse drug reactions or other problems in clinical trials.
        The overall aim of this section is to provide the investigator 
    with a clear understanding of the possible risks and adverse 
    reactions, and of the specific tests, observations, and precautions 
    that may be needed for a clinical trial. This understanding should 
    be based on the available physical, chemical, pharmaceutical, 
    pharmacological, toxicological, and clinical information on the 
    investigational product(s). Guidance should also be provided to the 
    clinical investigator on the recognition and treatment of possible 
    overdose and adverse drug reactions that is based on previous human 
    experience and on
    
    [[Page 25705]]
    
    the pharmacology of the investigational product.
    7.4 Appendix 1:
    TITLE PAGE OF INVESTIGATOR'S BROCHURE (Example)
    Sponsor's Name:
    Product:
    Research Number:
    Name(s): Chemical, Generic (if approved)
        Trade Name(s) (if legally permissible and desired by the 
    sponsor)
    Edition Number:
    Release Date:
    Replaces Previous Edition Number:
    Date:
    7.5 Appendix 2: 
    TABLE OF CONTENTS OF INVESTIGATOR'S BROCHURE (Example)
    - Confidentiality Statement (optional)
    - Signature Page (optional)
    1. Table of Contents
    2. Summary
    3. Introduction
    4. Physical, Chemical, and Pharmaceutical Properties and Formulation
    5. Nonclinical Studies
    5.1 Nonclinical Pharmacology
    5.2 Pharmacokinetics and Product Metabolism in Animals
    5.3 Toxicology
    6. Effects in Humans
    6.1 Pharmacokinetics and Product Metabolism in Humans
    6.2 Safety and Efficacy
    6.3 Marketing Experience
    7. Summary of Data and Guidance for the Investigator
    NB: References on
        1. Publications
        2. Reports
        These references should be found at the end of each chapter.
    Appendices (if any)
    8. Essential Documents for the Conduct of a Clinical Trial
    8.1 Introduction
        Essential Documents are those documents that individually and 
    collectively permit evaluation of the conduct of a trial and the 
    quality of the data produced. These documents serve to demonstrate 
    the compliance of the investigator, sponsor, and monitor with the 
    standards of GCP and with all applicable regulatory requirements.
        Essential Documents also serve a number of other important 
    purposes. Filing essential documents at the investigator/institution 
    and sponsor sites in a timely manner can greatly assist in the 
    successful management of a trial by the investigator, sponsor, and 
    monitor. These documents are also the ones that are usually audited 
    by the sponsor's independent audit function and inspected by the 
    regulatory authority(ies) as part of the process to confirm the 
    validity of the trial conduct and the integrity of data collected.
        The minimum list of essential documents that has been developed 
    follows. The various documents are grouped in three sections 
    according to the stage of the trial during which they will normally 
    be generated: (1) Before the clinical phase of the trial commences, 
    (2) during the clinical conduct of the trial, and (3) after 
    completion or termination of the trial. A description is given of 
    the purpose of each document, and whether it should be filed in 
    either the investigator/institution or sponsor files, or both. It is 
    acceptable to combine some of the documents, provided the individual 
    elements are readily identifiable.
        Trial master files should be established at the beginning of the 
    trial, both at the investigator/institution's site and at the 
    sponsor's office. A final close-out of a trial can only be done when 
    the monitor has reviewed both investigator/institution and sponsor 
    files and confirmed that all necessary documents are in the 
    appropriate files.
        Any or all of the documents addressed in this guideline may be 
    subject to, and should be available for, audit by the sponsor's 
    auditor and inspection by the regulatory authority(ies).
    8.2 Before the Clinical Phase of the Trial Commences
        During this planning stage the following documents should be 
    generated and should be on file before the trial formally starts.
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                        Located in Files of         
                                                                              --------------------------------------
                       Title of Document                   Purpose                Investigator/                     
                                                                                   Institution           Sponsor    
    ----------------------------------------------------------------------------------------------------------------
    8.2.1       Investigator's brochure         To document that relevant and  X                    X               
                                                 current scientific                                                 
                                                 information about the                                              
                                                 investigational product has                                        
                                                 been provided to the                                               
                                                 investigator                                                       
    8.2.2       Signed protocol and             To document investigator and   X                    X               
                 amendments, if any, and         sponsor agreement to the                                           
                 sample case report form (CRF)   protocol/amendment(s) and                                          
                                                 CRF                                                                
    8.2.3       Information given to trial      To document the informed       X                    X               
                 subject                         consent                                                            
                - Informed consent form                                                                             
                 (Including all applicable                                     X                    X               
                 translations)                  To document that subjects                                           
                - Any other written              will be given appropriate                                          
                 information                     written information (content                                       
                                                 and wording) to support       X                                    
                                                 their ability to give fully                                        
                                                 informed consent                                                   
                - Advertisement for subject     To document that recruitment                                        
                 recruitment (if used)           measures are appropriate and                                       
                                                 not coercive                                                       
    8.2.4       Financial aspects of the trial  To document the financial      X                    X               
                                                 agreement between the                                              
                                                 investigator/institution and                                       
                                                 the sponsor for the trial                                          
    8.2.5       Insurance statement (where      To document that compensation  X                    X               
                 required)                       to subject(s) for trial-                                           
                                                 related injury will be                                             
                                                 available                                                          
    8.2.6       Signed agreement between        To document agreements                                              
                 involved parties, e.g.:                                                                            
                - Investigator/institution and                                 X                    X               
                 sponsor                                                       X                    X (Where        
                - Investigator/institution and                                                       required)      
                 CRO                                                           X                    X               
                - Sponsor and CRO                                                                   X               
                - Investigator/institution and                                                                      
                 authority(ies) (Where                                                                              
                 required)                                                                                          
    
    [[Page 25706]]
    
                                                                                                                    
    8.2.7       Dated, documented approval/     To document that the trial     X                    X               
                 favorable opinion of IRB/IEC    has been subject to IRB/IEC                                        
                 of the following:               review and given approval/                                         
                                                 favorable opinion. To                                              
                                                 identify the version number                                        
                - Protocol and any amendments    and date of the document(s).                                       
                - CRF (if applicable)                                                                               
                - Informed consent form(s)                                                                          
                - Any other written                                                                                 
                 information to be provided to                                                                      
                 the subject(s)                                                                                     
                - Advertisement for subject                                                                         
                 recruitment (if used)                                                                              
                - Subject compensation (if                                                                          
                 any)                                                                                               
                - Any other documents given                                                                         
                 approval/favorable opinion                                                                         
    8.2.8       Institutional review board/     To document that the IRB/IEC   X                    X (where        
                 independent ethics committee    is constituted in agreement                         required)      
                 composition                     with GCP                                                           
    8.2.9       Regulatory authority(ies)       To document appropriate        X (where required)   X (where        
                 authorization/approval/         authorization/approval/                             required)      
                 notification of protocol        notification by the                                                
                 (where required)                regulatory authority(ies)                                          
                                                 has been obtained prior to                                         
                                                 initiation of the trial in                                         
                                                 compliance with the                                                
                                                 applicable regulatory                                              
                                                 requirement(s)                                                     
    8.2.10      Curriculum vitae and/or other   To document qualifications     X                    X               
                 relevant documents evidencing   and eligibility to conduct                                         
                 qualifications of               trial and/or provide medical                                       
                 investigator(s) and             supervision of subjects                                            
                 subinvestigators                                                                                   
    8.2.11      Normal value(s)/range(s) for    To document normal values and/ X                    X               
                 medical/laboratory/technical    or ranges of the tests                                             
                 procedure(s) and/or test(s)                                                                        
                 included in the protocol                                                                           
    8.2.12      Medical/laboratory/technical    To document competence of      X (where required)   X               
                 procedures/tests                facility to perform required                                       
                                                 test(s), and support                                               
                                                 reliability of results                                             
                - Certification or                                                                                  
                - Accreditation or                                                                                  
                - Established quality control                                                                       
                 and/or external quality                                                                            
                 assessment or                                                                                      
                - Other validation (where                                                                           
                 required)                                                                                          
    8.2.13      Sample of label(s) attached to  To document compliance with    X                    X               
                 investigational product         applicable labeling                                                
                 container(s)                    regulations and                                                    
                                                 appropriateness of                                                 
                                                 instructions provided to the                                       
                                                 subjects                                                           
    8.2.14      Instructions for handling of    To document instructions       X                    X               
                 investigational product(s)      needed to ensure proper                                            
                 and trial-related materials     storage, packaging,                                                
                 (if not included in protocol    dispensing, and disposition                                        
                 or Investigator's Brochure)     of investigational products                                        
                                                 and trial-related materials                                        
    8.2.15      Shipping records for            To document shipment dates,    X                    X               
                 investigational product(s)      batch numbers, and method of                                       
                 and trial-related materials     shipment of investigational                                        
                                                 product(s) and trial-related                                       
                                                 materials. Allows tracking                                         
                                                 of product batch, review of                                        
                                                 shipping conditions, and                                           
                                                 accountability.                                                    
    8.2.16      Certificate(s) of analysis of   To document identity, purity,                       X               
                 investigational product(s)      and strength of                                                    
                 shipped                         investigational products to                                        
                                                 be used in the trial.                                              
    8.2.17      Decoding procedures for         To document how, in case of    X                    X (third party  
                 blinded trials                  an emergency, identity of                           if applicable) 
                                                 blinded investigational                                            
                                                 product can be revealed                                            
                                                 without breaking the blind                                         
                                                 for the remaining subjects'                                        
                                                 treatment                                                          
    8.2.18      Master randomization list       To document method for                              X (third party  
                                                 randomization of trial                              if applicable) 
                                                 population                                                         
    8.2.19      Pretrial monitoring report      To document that the site is                        X               
                                                 suitable for the trial (may                                        
                                                 be combined with 8.2.20)                                           
    8.2.20      Trial initiation monitoring     To document that trial         X                    X               
                 report                          procedures were reviewed                                           
                                                 with the investigator and                                          
                                                 investigator's trial staff                                         
                                                 (may be combined with                                              
                                                 8.2.19)                                                            
    ----------------------------------------------------------------------------------------------------------------
    
    8.3 During the Clinical Conduct of the Trial
        In addition to having on file the above documents, the following 
    should be added to the files during the trial as evidence that all 
    new relevant information is documented as it becomes available.
    
    [[Page 25707]]
    
    
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                       Located in Files of          
                                                                            ----------------------------------------
                     Title of Document                   Purpose                Investigator/                       
                                                                                 Institution            Sponsor     
    ----------------------------------------------------------------------------------------------------------------
    8.3.1      Investigator's Brochure        To document that investigator  X                    X                 
                updates                        is informed in a timely                                              
                                               manner of relevant                                                   
                                               information as it becomes                                            
                                               available                                                            
    8.3.2      Any revisions to:              To document revisions of       X                    X                 
                                               these trial-related                                                  
               - Protocol/amendment(s) and     documents that take effect                                           
                CRF                            during trial                                                         
               - Informed consent form                                                                              
               - Any other written                                                                                  
                information provided to                                                                             
                subjects                                                                                            
               - Advertisement for subject                                                                          
                recruitment (if used)                                                                               
    8.3.3      Dated, documented approval/    To document that the           X                    X                 
                favorable opinion of           amendment(s) and/or                                                  
                institutional review board     revision(s) have been                                                
                (IRB)/independent ethics       subject to IRB/IEC review                                            
                committee (IEC) of the         and were given approval/                                             
                following:                     favorable opinion. To                                                
                                               identify the version number                                          
               - Protocol amendment(s)         and date of the document(s)                                          
               - Revision(s) of:                                                                                    
                 - Informed consent form                                                                            
                 - Any other written                                                                                
                information to be provided                                                                          
                to the subject                                                                                      
                 - Advertisement for subject                                                                        
                recruitment (if used)                                                                               
               - Any other documents given                                                                          
                approval/favorable opinion                                                                          
               - Continuing review of trial                                                                         
                (see 3.1.4)                                                                                         
    8.3.4      Regulatory authority(ies)      To document compliance with    X (where required)   X                 
                authorizations/ approvals/     applicable regulatory                                                
                notifications where required   requirements                                                         
                for:                                                                                                
               - Protocol amendment(s) and                                                                          
                other documents                                                                                     
    8.3.5      Curriculum vitae for new       (See 8.2.10)                   X                    X                 
                investigator(s) and/or                                                                              
                subinvestigators                                                                                    
    8.3.6      Updates to normal value(s)/    To document normal values and  X                    X                 
                range(s) for medical           ranges that are revised                                              
                laboratory/technical           during the trial (see                                                
                procedure(s)/test(s)           8.2.11)                                                              
                included in the protocol                                                                            
    8.3.7      Updates of medical/laboratory/ To document that tests remain  X (where required)   X                 
                technical procedures/tests     adequate throughout the                                              
               - Certification or              trial period (see 8.2.12)                                            
               - Accreditation or                                                                                   
               - Established quality control                                                                        
                and/or external quality                                                                             
                assessment or                                                                                       
               - Other validation (where                                                                            
                required)                                                                                           
    8.3.8      Documentation of               (See 8.2.15)                   X                    X                 
                investigational product(s)                                                                          
                and trial-related materials                                                                         
                shipment                                                                                            
    8.3.9      Certificate(s) of analysis     (See 8.2.16)                                        X                 
                for new batches of                                                                                  
                investigational products                                                                            
    8.3.10     Monitoring visit reports       To document site visits by,                         X                 
                                               and findings of, the monitor                                         
    8.3.11     Relevant communications other  To document any agreements or  X                    X                 
                than site visits               significant discussions                                              
               - Letters                       regarding trial                                                      
               - Meeting notes                 administration, protocol                                             
               - Notes of telephone calls      violations, trial conduct,                                           
                                               adverse event (AE) reporting                                         
    8.3.12     Signed informed consent forms  To document that consent is    X                                      
                                               obtained in accordance with                                          
                                               GCP and protocol and dated                                           
                                               prior to participation of                                            
                                               each subject in trial. Also                                          
                                               to document direct access                                            
                                               permission (see 8.2.3)                                               
    8.3.13     Source documents               To document the existence of   X                                      
                                               the subject and substantiate                                         
                                               integrity of trial data                                              
                                               collected. To include                                                
                                               original documents related                                           
                                               to the trial, to medical                                             
                                               treatment, and history of                                            
                                               subject                                                              
    8.3.14     Signed, dated, and completed   To document that the           X (copy)             X (original)      
                case report forms (CRF's)      investigator or authorized                                           
                                               member of the investigator's                                         
                                               staff confirms the                                                   
                                               observations recorded                                                
    
    [[Page 25708]]
    
                                                                                                                    
    8.3.15     Documentation of CRF           To document all changes/       X (copy)             X (original)      
                corrections                    additions or corrections                                             
                                               made to CRF after initial                                            
                                               data were recorded                                                   
    8.3.16     Notification by originating    Notification by originating    X                    X                 
                investigator to sponsor of     investigator to sponsor of                                           
                serious adverse events and     serious adverse events and                                           
                related reports                related reports in                                                   
                                               accordance with 4.11                                                 
    8.3.17     Notification by sponsor and/   Notification by sponsor and/   X (where required)   X                 
                or investigator, where         or investigator, where                                               
                applicable, to regulatory      applicable, to regulatory                                            
                authority(ies) and IRB(s)/     authorities and IRB(s)/                                              
                IEC(s) of unexpected serious   IEC(s) of unexpected serious                                         
                adverse drug reactions and     adverse drug reactions in                                            
                of other safety information    accordance with 5.17 and                                             
                                               4.11.1 and of other safety                                           
                                               information in accordance                                            
                                               with 4.11.2 and 5.16.2                                               
    8.3.18     Notification by sponsor to     Notification by sponsor to     X                    X                 
                investigators of safety        investigators of safety                                              
                information                    information in accordance                                            
                                               with 5.16.2                                                          
    8.3.19     Interim or annual reports to   Interim or annual reports      X                    X (where required)
                IRB/IEC and authority(ies)     provided to IRB/IEC in                                               
                                               accordance with 4.10 and to                                          
                                               authority(ies) in accordance                                         
                                               with 5.17.3                                                          
    8.3.20     Subject screening log          To document identification of  X                    X (where required)
                                               subjects who entered                                                 
                                               pretrial screening                                                   
    8.3.21     Subject identification code    To document that investigator/ X                                      
                list                           institution keeps a                                                  
                                               confidential list of names                                           
                                               of all subjects allocated to                                         
                                               trial numbers on enrolling                                           
                                               in the trial. Allows                                                 
                                               investigator/institution to                                          
                                               reveal identity of any                                               
                                               subject                                                              
    8.3.22     Subject enrollment log         To document chronological      X                                      
                                               enrollment of subjects by                                            
                                               trial number                                                         
    8.3.23     Investigational product(s)     To document that               X                    X                 
                accountability at the site     investigational products(s)                                          
                                               have been used according to                                          
                                               the protocol                                                         
    8.3.24     Signature sheet                To document signatures and     X                    X                 
                                               initials of all persons                                              
                                               authorized to make entries                                           
                                               and/or corrections on CRF's                                          
    8.3.25     Record of retained body        To document location and       X                    X                 
                fluids/tissue samples (if      identification of retained                                           
                any)                           samples if assays need to be                                         
                                               repeated                                                             
    ----------------------------------------------------------------------------------------------------------------
    
    8.4 After Completion or Termination of the Trial
        After completion or termination of the trial, all of the 
    documents identified in sections 8.2 and 8.3 should be in the file 
    together with the following:
    
                                                                                                                    
    ----------------------------------------------------------------------------------------------------------------
                                                                                        Located in Files of         
                                                                              --------------------------------------
                       Title of Document                   Purpose                Investigator/                     
                                                                                   Institution           Sponsor    
    ----------------------------------------------------------------------------------------------------------------
    8.4.1       Investigational product(s)      To document that the           X                    X               
                 accountability at site          investigational product(s)                                         
                                                 have been used according to                                        
                                                 the protocol. To document                                          
                                                 the final accounting of                                            
                                                 investigational product(s)                                         
                                                 received at the site,                                              
                                                 dispensed to subjects,                                             
                                                 returned by the subjects,                                          
                                                 and returned to sponsor                                            
    8.4.2       Documentation of                To document destruction of     X (if destroyed at   X               
                 investigational product(s)      unused investigational         site)                               
                 destruction                     product(s) by sponsor or at                                        
                                                 site                                                               
    8.4.3       Completed subject               To permit identification of    X                                    
                 identification code list        all subjects enrolled in the                                       
                                                 trial in case follow-up is                                         
                                                 required. List should be                                           
                                                 kept in a confidential                                             
                                                 manner and for agreed upon                                         
                                                 time                                                               
    8.4.4       Audit certificate (if           To document that audit was                          X               
                 required)                       performed (if required) (see                                       
                                                 5.19.3(e))                                                         
    8.4.5       Final trial close-out           To document that all                                X               
                 monitoring report               activities required for                                            
                                                 trial close-out are                                                
                                                 completed, and copies of                                           
                                                 essential documents are held                                       
                                                 in the appropriate files                                           
    
    [[Page 25709]]
    
                                                                                                                    
    8.4.6       Treatment allocation and        Returned to sponsor to                              X               
                 decoding documentation          document any decoding that                                         
                                                 may have occurred                                                  
    8.4.7       Final report by investigator/   To document completion of the  X                                    
                 institution to IRB/IEC where    trial                                                              
                 required, and where                                                                                
                 applicable, to the regulatory                                                                      
                 authority(ies) (see 4.13)                                                                          
    8.4.8       Clinical study report (see      To document results and        X (if applicable)    X               
                 5.22)                           interpretation of trial                                            
    ----------------------------------------------------------------------------------------------------------------
    
    
        Dated: April 30, 1997.
    William K. Hubbard,
    Associate Commissioner for Policy Coordination.
    [FR Doc. 97-12138 Filed 5-8-97; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Effective Date:
5/9/1997
Published:
05/09/1997
Department:
Food and Drug Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
97-12138
Dates:
Effective May 9, 1997. Written comments may be submitted at any time.
Pages:
25692-25709 (18 pages)
Docket Numbers:
Docket No. 95D-0219
PDF File:
97-12138.pdf