Guidance on Exculpatory Language in Informed Consent, Draft, 55390-55391 [2011-22883]
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55390
Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. HHS–OPHS–2011–0014]
Guidance on Exculpatory Language in
Informed Consent, Draft
Office for Human Research
Protections, Office of the Assistant
Secretary for Health, Office of the
Secretary, and the Food and Drug
Administration, HHS.
ACTION: Notice.
AGENCY:
The Office for Human
Research Protections (OHRP), Office of
the Assistant Secretary for Health and
the Food and Drug Administration
(FDA), are announcing the availability
of a draft guidance entitled, ‘‘Guidance
on Exculpatory Language in Informed
Consent.’’ The draft guidance, when
finalized, will represent OHRP’s and
FDA’s current thinking on this topic and
will supersede OHRP’s November 15,
1996 guidance document entitled
‘‘‘Exculpatory Language’ in Informed
Consent’’ and question number 52 in
FDA’s January 1998 guidance entitled,
‘‘Institutional Review Boards Frequently
Asked Questions—Information Sheet
Guidance for Institutional Review
Boards and Clinical Investigators.’’ The
draft guidance is intended primarily for
institutional review boards (IRBs),
investigators, sponsors, and funding
agencies that may be responsible for the
review, conduct, or oversight of human
subject research conducted or supported
by HHS or regulated by FDA.
DATES: Submit written comments by
November 7, 2011.
ADDRESSES: Submit written requests for
copies of the draft Guidance on
Exculpatory Language in Informed
Consent document to the Division of
Policy and Assurances, Office for
Human Research Protections, 1101
Wootton Parkway, Suite 200, Rockville,
MD 20852. Send one self-addressed
adhesive label to assist that office in
processing your request, or fax your
request to 301–402–2071. See the
SUPPLEMENTARY INFORMATION section for
information on electronic access to the
draft guidance document.
You may submit comments identified
by docket ID number HHS–OPHS–
2011–0014, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Enter the above
docket ID number in the ‘‘Enter
Keyword or ID field and click on
‘‘Search.’’ On the next page, click the
‘‘Submit a Comment’’ action and follow
the instructions.
emcdonald on DSK5VPTVN1PROD with NOTICES
SUMMARY:
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17:37 Sep 06, 2011
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• Mail/Hand delivery/Courier [For
paper, disk, or CD–ROM submissions]:
Irene Stith-Coleman, PhD., Office for
Human Research Protections, 1101
Wootton Parkway, Suite 200, Rockville,
MD 20852.
Comments received, including any
personal information, will be posted
without change to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Irene Stith-Coleman, PhD, Office for
Human Research Protections, 1101
Wootton Parkway, Suite 200, Rockville,
MD 20852, 240–453–6900; e-mail
Irene.StithColeman@hhs.gov or Sara
Goldkind, M.D., Office of Good Clinical
Practice, 10903 New Hampshire Ave.,
WO32–5110, Silver Spring, MD 20993,
301–796–8342; e-mail
Sara.Goldkind@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
and FDA have been actively working to
harmonize the agencies’ regulatory
requirements and guidance for human
subject research. This draft guidance
document was developed as part of
these efforts. OHRP and FDA believe
that it will be most helpful to the
regulated community to issue a joint
guidance document which will clearly
demonstrate the agencies’ harmonious
approach to the topic of what language
could be considered exculpatory and
thus prohibited in informed consent
versus what language could be
acceptable in informed consent.
OHRP and FDA are issuing this as
draft guidance because the agencies
have revised and clarified what
constitutes exculpatory language in
informed consent and therefore
prohibited under 21 CFR 50.20 and 45
CFR 46.116 in response to numerous
questions and comments from the IRB
and research communities. The draft
I. Background
guidance includes a detailed discussion
OHRP and FDA are announcing the
about what OHRP and FDA consider to
availability of a draft guidance entitled,
be exculpatory language, examples of
‘‘Guidance on Exculpatory Language in
informed consent language that OHRP
Informed Consent.’’ The draft guidance
and FDA would consider to be
is intended primarily for institutional
acceptable, and examples of informed
review boards (IRBs), investigators,
consent language that OHRP and FDA
sponsors, and funding agencies that may would consider to be exculpatory.
be responsible for the review, conduct,
This draft guidance is part of the
or oversight of human subject research
Information Sheet Guidance Initiative,
conducted or supported by HHS or
announced in the Federal Register of
regulated by FDA. This guidance, which February 3, 2006 (71 FR 5861), which
is available on the OHRP Web site at
describes FDA’s intention to update the
https://www.hhs.gov/ohrp/newsroom/rfc/ process for developing, issuing, and
index.html and the FDA Web site at
making available guidances intended for
https://www.fda.gov/ScienceResearch/
IRBs, clinical investigators, and
SpecialTopics/RunningClinicalTrials/
sponsors. Known as ‘‘Information
default.htm, is intended to assist IRBs in Sheets,’’ these guidances have provided
making the required regulatory
recommendations to IRBs, clinical
determinations when reviewing
investigators, and sponsors to help them
research under 21 CFR 50.20 and 45
fulfill their responsibilities to protect
CFR 46.116 by providing
human subjects who participate in
recommendations regarding what
research regulated by the FDA. The
language is considered to be exculpatory Information Sheet Guidance Initiative is
under HHS and FDA regulations, and
intended to ensure that the Information
thus inappropriate to include in
Sheets are updated, consistent with the
informed consent. The draft guidance
FDA’s good guidance practices (GGPs).
should also help clinical investigators
As part of the initiative, which will be
and sponsors better understand the
ongoing, the agency plans to rescind
regulatory requirements as to what
Information Sheets that are obsolete,
language is permissible to include in
revise and reissue guidances that
informed consent. The draft guidance,
address current issues, and develop new
when finalized, will represent OHRP’s
guidance documents as needed.
The draft guidance is being issued
and FDA’s current thinking on this topic
consistent with FDA’s GGPs regulation
and will supersede OHRP’s November
(21 CFR 10.115). The draft guidance,
15, 1996 guidance document entitled,
when finalized, will represent OHRP’s
‘‘ ‘Exculpatory Language’ in Informed
and FDA’s current thinking on this
Consent’’ and question number 52 in
topic. It does not create or confer any
FDA’s January 1998 guidance entitled,
‘‘Institutional Review Boards Frequently rights for or on any person and does not
operate to bind OHRP or FDA or the
Asked Questions—Information Sheet
public. An alternative approach may be
Guidance for Institutional Review
used if such approach satisfies the
Boards and Clinical Investigators.’’
To enhance human subject protection requirements of the applicable statutes
and regulations.
and reduce regulatory burden, OHRP
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Federal Register / Vol. 76, No. 173 / Wednesday, September 7, 2011 / Notices
Dated: August 29, 2011.
John R. Bucher,
Associate Director, National Toxicology
Program.
II. Electronic Access
Persons with access to the Internet
may obtain the document at https://
www.regulations.gov, https://
www.hhs.gov/ohrp/newsroom/rfc/
index.html, or https://www.fda.gov/
ScienceResearch/SpecialTopics/
RunningClinicalTrials/default.htm.
[FR Doc. 2011–22823 Filed 9–6–11; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
III. Request for Comments
OHRP and FDA are making their joint
draft guidance document available for
public comment. The guidance
document will be finalized and issued
after the public comments have been
considered.
Dated: September 1, 2011.
Jerry Menikoff,
Director, Office for Human Research
Protections.
David Dorsey,
Acting Associate Commissioner for Policy and
Planning, U.S. Food and Drug
Administration.
[FR Doc. 2011–22883 Filed 9–6–11; 8:45 am]
BILLING CODE 4150–36–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Notice of Postponement of Release of
Draft NTP Monograph on Potential
Developmental Effects of Cancer
Chemotherapy During Pregnancy and
Panel Meeting To Peer Review Draft
Monograph
Division of the National
Toxicology Program (DNTP), National
Institute of Environmental Health
Sciences (NIEHS), National Institutes of
Health.
AGENCY:
Notice of postponement of draft
NTP monograph and peer review panel
meeting.
ACTION:
The NTP is postponing the
release of the Draft NTP Monograph on
Potential Developmental Effects of
Cancer Chemotherapy during Pregnancy
and the peer review panel meeting.
Release of the draft monograph was
scheduled for September 9, 2011, and
the meeting for October 19–20, 2011;
both were announced on August 17,
2011 (76 FR 51034). Information about
rescheduling the release of the draft
monograph and the peer review will be
announced in the Federal Register and
posted on the NTP Web site at https://
ntp.niehs.nih.gov/go/36639.
emcdonald on DSK5VPTVN1PROD with NOTICES
SUMMARY:
Dr.
Lori White, NTP Designated Federal
Officer, (919) 541–9834,
whiteld@niehs.nih.gov.
FOR FURTHER INFORMATION CONTACT:
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Centers for Disease Control and
Prevention
[60-Day–11–0765]
Proposed Data Collections Submitted
for Public Comment and
Recommendations
In compliance with the requirement
of Section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995 for
opportunity for public comment on
proposed data collection projects, the
Centers for Disease Control and
Prevention (CDC) will publish periodic
summaries of proposed projects. To
request more information on the
proposed projects or to obtain a copy of
the data collection plans and
instruments, call 404–639–5960 and
send comments to Daniel Holcomb, CDC
Reports Clearance Officer, 1600 Clifton
Road, MS–D74, Atlanta, GA 30333 or
send an e-mail to omb@cdc.gov.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology. Written comments should
be received within 60 days of this
notice.
Proposed Project
Fellowship Management System,
OMB No. 0920–0765 exp. 03/31/2014—
Revision—Scientific Education and
Professional Development Program
Office (SEPDPO), Office of Surveillance,
Epidemiology and Laboratory Services
(OSELS), Centers for Disease Control
and Prevention (CDC).
Background and Brief Description
SEPDPO requests an additional three
years to continue CDC’s use of the
online Fellowship Management System
(FMS) for its electronic application and
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55391
directory processes that allow
individuals to apply to fellowships
online and tracks applicant and alumni
information; and a revision that will
allow public health agencies and
organizations to submit fellowship
assignment proposals electronically,
using FMS.
The mission of SEPDPO is to provide
leadership in public health training and
education, and manage innovative,
evidence-based programs to prepare the
health workforce to meet public health
challenges of the 21st century.
Professionals in public health,
epidemiology, medicine, economics,
information science, veterinary
medicine, nursing, public policy, and
other related professions seek
opportunities, through CDC fellowships,
to broaden their knowledge, skills, and
experience to improve the science and
practice of public health. CDC fellows
are assigned to state, tribal, local and
territorial public health agencies; federal
government agencies, including CDC,
and HHS operational divisions, such as
Indian Health Service; and to
nongovernmental organizations,
including academic institutions, tribal
organizations, and private public health
organizations.
FMS provides an efficient and
effective way for processing fellowship
application data, selecting qualified
candidates, maintaining a current
alumni database, documenting the
impact of the fellowships on alumni
careers, and generating reports. This
proposed revision will provide a secure
site within this existing electronic
system for designated employees of
public health agencies and
organizations to submit fellowship
assignment proposals electronically.
Designated employees of public
health agencies or organizations will
answer a standardized set of core
questions within FMS about the
proposed assignments, including the
type of public health agency or
organization submitting the proposal;
proposed fellow activities, including
training and opportunities for service
and collaboration; and how the fellow
will be supported, including the type
and extent of mentorship and
supervision the fellow will receive.
This revision enhances FMS to
include a function that will result in a
standardized process for submitting and
reviewing host assignment proposals
across fellowships. The electronic
assignment proposal process that FMS
provides optimizes the matching of
qualified fellowship candidates with
host sites and will result in an optimal
fit between fellows and their
assignments — ultimately leading to
E:\FR\FM\07SEN1.SGM
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Agencies
[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices]
[Pages 55390-55391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22883]
[[Page 55390]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. HHS-OPHS-2011-0014]
Guidance on Exculpatory Language in Informed Consent, Draft
AGENCY: Office for Human Research Protections, Office of the Assistant
Secretary for Health, Office of the Secretary, and the Food and Drug
Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office for Human Research Protections (OHRP), Office of
the Assistant Secretary for Health and the Food and Drug Administration
(FDA), are announcing the availability of a draft guidance entitled,
``Guidance on Exculpatory Language in Informed Consent.'' The draft
guidance, when finalized, will represent OHRP's and FDA's current
thinking on this topic and will supersede OHRP's November 15, 1996
guidance document entitled ```Exculpatory Language' in Informed
Consent'' and question number 52 in FDA's January 1998 guidance
entitled, ``Institutional Review Boards Frequently Asked Questions--
Information Sheet Guidance for Institutional Review Boards and Clinical
Investigators.'' The draft guidance is intended primarily for
institutional review boards (IRBs), investigators, sponsors, and
funding agencies that may be responsible for the review, conduct, or
oversight of human subject research conducted or supported by HHS or
regulated by FDA.
DATES: Submit written comments by November 7, 2011.
ADDRESSES: Submit written requests for copies of the draft Guidance on
Exculpatory Language in Informed Consent document to the Division of
Policy and Assurances, Office for Human Research Protections, 1101
Wootton Parkway, Suite 200, Rockville, MD 20852. Send one self-
addressed adhesive label to assist that office in processing your
request, or fax your request to 301-402-2071. See the SUPPLEMENTARY
INFORMATION section for information on electronic access to the draft
guidance document.
You may submit comments identified by docket ID number HHS-OPHS-
2011-0014, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Enter the above docket ID number in the ``Enter Keyword or ID field and
click on ``Search.'' On the next page, click the ``Submit a Comment''
action and follow the instructions.
Mail/Hand delivery/Courier [For paper, disk, or CD-ROM
submissions]: Irene Stith-Coleman, PhD., Office for Human Research
Protections, 1101 Wootton Parkway, Suite 200, Rockville, MD 20852.
Comments received, including any personal information, will be
posted without change to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Irene Stith-Coleman, PhD, Office for
Human Research Protections, 1101 Wootton Parkway, Suite 200, Rockville,
MD 20852, 240-453-6900; e-mail Irene.StithColeman@hhs.gov or Sara
Goldkind, M.D., Office of Good Clinical Practice, 10903 New Hampshire
Ave., WO32-5110, Silver Spring, MD 20993, 301-796-8342; e-mail
Sara.Goldkind@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
OHRP and FDA are announcing the availability of a draft guidance
entitled, ``Guidance on Exculpatory Language in Informed Consent.'' The
draft guidance is intended primarily for institutional review boards
(IRBs), investigators, sponsors, and funding agencies that may be
responsible for the review, conduct, or oversight of human subject
research conducted or supported by HHS or regulated by FDA. This
guidance, which is available on the OHRP Web site at https://www.hhs.gov/ohrp/newsroom/rfc/ and the FDA Web site at https://www.fda.gov/ScienceResearch/SpecialTopics/RunningClinicalTrials/default.htm, is intended to assist IRBs in making the required
regulatory determinations when reviewing research under 21 CFR 50.20
and 45 CFR 46.116 by providing recommendations regarding what language
is considered to be exculpatory under HHS and FDA regulations, and thus
inappropriate to include in informed consent. The draft guidance should
also help clinical investigators and sponsors better understand the
regulatory requirements as to what language is permissible to include
in informed consent. The draft guidance, when finalized, will represent
OHRP's and FDA's current thinking on this topic and will supersede
OHRP's November 15, 1996 guidance document entitled, `` `Exculpatory
Language' in Informed Consent'' and question number 52 in FDA's January
1998 guidance entitled, ``Institutional Review Boards Frequently Asked
Questions--Information Sheet Guidance for Institutional Review Boards
and Clinical Investigators.''
To enhance human subject protection and reduce regulatory burden,
OHRP and FDA have been actively working to harmonize the agencies'
regulatory requirements and guidance for human subject research. This
draft guidance document was developed as part of these efforts. OHRP
and FDA believe that it will be most helpful to the regulated community
to issue a joint guidance document which will clearly demonstrate the
agencies' harmonious approach to the topic of what language could be
considered exculpatory and thus prohibited in informed consent versus
what language could be acceptable in informed consent.
OHRP and FDA are issuing this as draft guidance because the
agencies have revised and clarified what constitutes exculpatory
language in informed consent and therefore prohibited under 21 CFR
50.20 and 45 CFR 46.116 in response to numerous questions and comments
from the IRB and research communities. The draft guidance includes a
detailed discussion about what OHRP and FDA consider to be exculpatory
language, examples of informed consent language that OHRP and FDA would
consider to be acceptable, and examples of informed consent language
that OHRP and FDA would consider to be exculpatory.
This draft guidance is part of the Information Sheet Guidance
Initiative, announced in the Federal Register of February 3, 2006 (71
FR 5861), which describes FDA's intention to update the process for
developing, issuing, and making available guidances intended for IRBs,
clinical investigators, and sponsors. Known as ``Information Sheets,''
these guidances have provided recommendations to IRBs, clinical
investigators, and sponsors to help them fulfill their responsibilities
to protect human subjects who participate in research regulated by the
FDA. The Information Sheet Guidance Initiative is intended to ensure
that the Information Sheets are updated, consistent with the FDA's good
guidance practices (GGPs). As part of the initiative, which will be
ongoing, the agency plans to rescind Information Sheets that are
obsolete, revise and reissue guidances that address current issues, and
develop new guidance documents as needed.
The draft guidance is being issued consistent with FDA's GGPs
regulation (21 CFR 10.115). The draft guidance, when finalized, will
represent OHRP's and FDA's current thinking on this topic. It does not
create or confer any rights for or on any person and does not operate
to bind OHRP or FDA or the public. An alternative approach may be used
if such approach satisfies the requirements of the applicable statutes
and regulations.
[[Page 55391]]
II. Electronic Access
Persons with access to the Internet may obtain the document at
https://www.regulations.gov, https://www.hhs.gov/ohrp/newsroom/rfc/, or https://www.fda.gov/ScienceResearch/SpecialTopics/RunningClinicalTrials/default.htm.
III. Request for Comments
OHRP and FDA are making their joint draft guidance document
available for public comment. The guidance document will be finalized
and issued after the public comments have been considered.
Dated: September 1, 2011.
Jerry Menikoff,
Director, Office for Human Research Protections.
David Dorsey,
Acting Associate Commissioner for Policy and Planning, U.S. Food and
Drug Administration.
[FR Doc. 2011-22883 Filed 9-6-11; 8:45 am]
BILLING CODE 4150-36-P