Institutional Review Board Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID-19 Public Health Emergency; Guidance for Institutional Review Boards and Clinical Investigators; Availability, 35311-35313 [2020-12429]

Download as PDF Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices electing accelerated relocation, the eligible space station operators voluntarily commit to adhere to the requirements, policies, and procedures established by the Commission in the Report and Order. WTB prescribed the format for filing an accelerated relocation election. Each of the eligible operators filed an election that meets the criteria set forth in the Report and Order and the Public Notice. Additionally, each eligible operator has accepted the obligations and acknowledgements associated with accelerated clearing. Federal Communications Commission. Amy Brett, Associate Division Chief, Competition and Infrastructure Policy Division, Wireless Telecommunications Bureau. [FR Doc. 2020–12471 Filed 6–8–20; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION [CC Docket No. 92–237; DA 20–563] Next Meetings of the North American Numbering Council Federal Communications Commission. ACTION: Notice. AGENCY: In this document, the Commission released a public notice announcing the next meetings of the North American Numbering Council (NANC), which will be held via conference call and available to the public via live internet feed. DATES: Tuesday, July 14, 2020. The meeting will come to order at 2:00 p.m. The next meeting will be on Tuesday, July 28, 2020. This meeting will come to order at 9:30 a.m. ADDRESSES: Both meetings will be conducted via conference call and available to the public via the internet at https://www.fcc.gov/live. FOR FURTHER INFORMATION CONTACT: Marilyn Jones, Designated Federal Officer (DFO) of the NANC, at marilyn.jones@fcc.gov or 202–418–2357 and Jordan Reth, Deputy DFO, at jordan.reth@fcc.gov or 202–418–1418. More information about the NANC is available at https://www.fcc.gov/aboutfcc/advisory-committees/general/northamerican-numbering-council. SUPPLEMENTARY INFORMATION: The NANC meetings are open to the public on the internet via live feed from the FCC’s web page at https://www.fcc.gov/ live. Open captioning will be provided for the events. Other reasonable accommodations for people with jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 23:08 Jun 08, 2020 Jkt 250001 disabilities are available upon request. Requests for such accommodations should be submitted via email to fcc504@fcc.gov or by calling the Consumer & Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). Such requests should include a detailed description of the accommodation needed. In addition, please include a way for the FCC to contact the requester if more information is needed to fill the request. Please allow at least five days’ advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate. Oral statements at the meetings by parties or entities not represented on the NANC will be permitted to the extent time permits, at the discretion of the NANC Chair and the DFO. Members of the public may submit comments to the NANC in the FCC’s Electronic Comment Filing System, ECFS, at www.fcc.gov/ ecfs. Comments to the NANC should be filed in CC Docket No. 92–237. This is a summary of the Commission’s document in CC Docket No. 92–237, DA 20–563 released May 27, 2020. Proposed Agenda: At the July 14 meeting, the NANC will consider and vote on recommendations from the Numbering Administration Oversight Working Group on the Billing & Collection Fund Size Projections and Contributions Factor and from the Toll Free Number Assignment Modernization Working Group on the analysis of the 833 Toll Free Number Auction. At the July 28 meeting, the NANC will consider and vote on recommendations from the Nationwide Number Portability Working Group on an analysis of the internet Protocol Local Routing Number solution and from the Interoperable Video Calling Working Group on the implementation of the ‘‘database approach’’ to determine whether an originating video call can be completed to a receiving device and service. This agenda may be modified at the discretion of the NANC Chair and the Designated Federal Officer (DFO). Federal Communications Commission. Daniel Kahn, Associate Bureau Chief, Wireline Competition Bureau. [FR Doc. 2020–12376 Filed 6–8–20; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 35311 DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2020–D–1414] Institutional Review Board Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID– 19 Public Health Emergency; Guidance for Institutional Review Boards and Clinical Investigators; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice of availability. The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled ‘‘Institutional Review Board (IRB) Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID–19 Public Health Emergency.’’ To facilitate patient access to investigational drugs for treating COVID–19, FDA is issuing this guidance to provide recommendations regarding the key factors and procedures IRBs should consider when reviewing requests—including when such reviews are conducted by a single-member of an IRB—for individual patient expanded access. Given the public health emergency presented by COVID–19, this guidance is being implemented without prior public comment because FDA has determined that prior public participation is not feasible or appropriate, but it remains subject to comment in accordance with the Agency’s good guidance practices. DATES: The announcement of the guidance is published in the Federal Register on June 9, 2020. The guidance is immediately in effect, but it remains subject to comment in accordance with the Agency’s good guidance practices. ADDRESSES: You may submit electronic or written comments on Agency guidances at any time as follows: SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https:// www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a E:\FR\FM\09JNN1.SGM 09JNN1 35312 Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES third party may not wish to be posted, such as medical information, your or anyone else’s Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov. • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). Written/Paper Submissions Submit written/paper submissions as follows: • Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in ‘‘Instructions.’’ Instructions: All submissions received must include the Docket No. FDA– 2020–D–1414 for ‘‘Institutional Review Board (IRB) Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID–19 Public Health Emergency.’’ Received comments will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday. • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states ‘‘THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.’’ The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and VerDate Sep<11>2014 23:08 Jun 08, 2020 Jkt 250001 contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as ‘‘confidential.’’ Any information marked as ‘‘confidential’’ will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA’s posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https:// www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf. Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)). Submit written requests for single copies of the guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993– 0002; or the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993–0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. FOR FURTHER INFORMATION CONTACT: Juanita Marner, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993–0002, 301– 796–8078. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a guidance for industry entitled ‘‘Institutional Review Board (IRB) Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID–19 Public Health Emergency.’’ There is currently an outbreak of respiratory disease caused by a novel coronavirus. The virus has been named SARS–CoV–2, and the PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 disease it causes has been named Coronavirus Disease 2019 (COVID–19). On January 31, 2020, the Department of Health and Human Services (HHS) issued a declaration of a public health emergency related to COVID–19 and mobilized the Operating Divisions of HHS. The public health emergency declaration was renewed on April 21, 2020. In addition, on March 13, 2020, the President declared a national emergency in response to COVID–19. FDA is issuing this guidance to provide recommendations regarding the key factors and procedures IRBs, including for reviews conducted by a single-member, should consider when reviewing individual patient expanded access submissions for patient access to investigational drugs for treating COVID–19. Under FDA regulations, three categories of expanded access are available: Expanded access for individual (also known as single) patients, including for emergency use; expanded access for intermediate-size patient populations; and ‘‘treatment’’ expanded access for larger populations. This guidance applies to individual patient expanded access requests, as outlined in 21 CFR 312.310. The recommendations in this guidance are intended to assist IRBs in conducting efficient reviews of individual patient expanded access requests. In light of the public health emergency related to COVID–19 declared by the Secretary of HHS, FDA has determined that prior public participation for this guidance is not feasible or appropriate and is issuing this guidance without prior public comment (see section 701(h)(1)(C)(i) of the FD&C Act (21 U.S.C. 371(h)(1)(C)(i)) and 21 CFR 10.115(g)(2)). This guidance document is being implemented immediately, but it remains subject to comment in accordance with the Agency’s good guidance practices statute and regulation. This guidance is intended to remain in effect for the duration of the public health emergency related to COVID–19 declared by HHS, including any renewals made by the Secretary in accordance with section 319(a)(2) of the Public Health Service Act (42 U.S.C. 247d(a)(2)). However, the recommendations described in the guidance are expected to assist the Agency more broadly in its continued efforts to facilitate access to drugs through expanded access beyond the termination of the COVID–19 public health emergency and reflect the Agency’s current thinking on this issue. Therefore, within 60 days following the termination of the public health E:\FR\FM\09JNN1.SGM 09JNN1 Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Notices emergency, FDA intends to revise and replace this guidance with any appropriate changes based on comments received on this guidance and the Agency’s experience with implementation. This guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on ‘‘Institutional Review Board (IRB) Review of Individual Patient Expanded Access Requests for Investigational Drugs and Biological Products During the COVID– 19 Public Health Emergency.’’ It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. II. Paperwork Reduction Act of 1995 This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). The collections of information in 21 CFR part 312 have been approved under OMB control number 0910–0014; the collections of information relating to the protection of human subjects and IRBs have been approved under OMB control number 0910–0130; and the collections of information in FDA’s guidance for industry on ‘‘Individual Patient Expanded Access Applications: Form FDA 3926’’ have been approved under OMB control number 0910–0814. III. Electronic Access jbell on DSKJLSW7X2PROD with NOTICES Persons with access to the internet may obtain the guidance at https:// www.fda.gov/drugs/guidancecompliance-regulatory-information/ guidances-drugs, https://www.fda.gov/ vaccines-blood-biologics/guidancecompliance-regulatory-informationbiologics, https://www.fda.gov/ emergency-preparedness-and-response/ mcm-issues/covid-19-related-guidancedocuments-industry-fda-staff-and-otherstakeholders, or https:// www.regulations.gov. Dated: June 3, 2020. Lowell J. Schiller, Principal Associate Commissioner for Policy. [FR Doc. 2020–12429 Filed 6–8–20; 8:45 am] BILLING CODE 4164–01–P VerDate Sep<11>2014 23:08 Jun 08, 2020 Jkt 250001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Tick-Borne Disease Working Group Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services. ACTION: Notice. AGENCY: As required by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that the Tick-Borne Disease Working Group (TBDWG) will hold a virtual meeting. The meeting will be open to the public. For this meeting, the TBDWG will review the draft 2020 report to the HHS Secretary and Congress and review and approve graphics and images for the report. The 2020 report will address ongoing tickborne disease research, including research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, and interventions for individuals with tick-borne diseases; advances made pursuant to such research; federal activities related to tick-borne diseases; and gaps in tickborne disease research. DATES: The meeting will be held online via webcast on July 8, 2020, from 9:00 a.m. to 5:30 p.m. ET (times are tentative and subject to change). The confirmed times and agenda items for the meeting will be posted on the TBDWG webpage at https://www.hhs.gov/ash/advisorycommittees/tickbornedisease/meetings/ 2020-7-8/ when this information becomes available. FOR FURTHER INFORMATION CONTACT: James Berger, Designated Federal Officer for the TBDWG; Office of Infectious Disease and HIV/AIDS Policy, Office of the Assistant Secretary for Health, Department of Health and Human Services, Mary E. Switzer Building, 330 C Street SW, Suite L600, Washington, DC 20024. Email: tickbornedisease@ hhs.gov; Phone: 202–795–7608. SUPPLEMENTARY INFORMATION: Please register for the virtual meeting at https://kauffmaninc.adobeconnect.com/ tbdwg_july2020/event/event_info.html. After registering, you will receive an email confirmation with a personalized link to access the webcast on July 8. The public will have an opportunity to present their views to the TBDWG orally during the meeting’s public comment session or by submitting a written public comment. Comments should be pertinent to the meeting discussion. Persons who wish to provide verbal or written public SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 35313 comment should review instructions at https://www.hhs.gov/ash/advisorycommittees/tickbornedisease/meetings/ 2020-7-8/ and respond by midnight June 24, 2020, ET. Verbal comments will be limited to three minutes each to accommodate as many speakers as possible during the 30 minute session. Written public comments will be accessible to the public on the TBDWG web page prior to the meeting. Background and Authority: The TickBorne Disease Working Group was established on August 10, 2017, in accordance with Section 2062 of the 21st Century Cures Act, and the Federal Advisory Committee Act, 5 U.S.C. App., as amended, to provide expertise and review federal efforts related to all tickborne diseases, to help ensure interagency coordination and minimize overlap, and to examine research priorities. The TBDWG is required to submit a report to the HHS Secretary and Congress on their findings and any recommendations for the federal response to tick-borne disease every two years. Dated: May 20, 2020. James J. Berger, Designated Federal Officer, Tick-Borne Disease Working Group, Office of Infectious Disease and HIV/AIDS Policy. [FR Doc. 2020–12432 Filed 6–8–20; 8:45 am] BILLING CODE 4150–28–P DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier OS–4040–0018] Agency Information Collection Request. 30-Day Public Comment Request Office of the Secretary, HHS Notice. AGENCY: ACTION: In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. DATES: Comments on the ICR must be received on or before July 9, 2020. ADDRESSES: Submit your comments to OIRA_submission@omb.eop.gov or via facsimile to (202) 395–5806. FOR FURTHER INFORMATION CONTACT: Ed Calimag, ed.calimag@hhs.gov or (202) 690–7569. When submitting comments or requesting information, please include the document identifier 4040– 0018–30D and project title for reference. SUMMARY: E:\FR\FM\09JNN1.SGM 09JNN1

Agencies

[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35311-35313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12429]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-D-1414]


Institutional Review Board Review of Individual Patient Expanded 
Access Requests for Investigational Drugs and Biological Products 
During the COVID-19 Public Health Emergency; Guidance for Institutional 
Review Boards and Clinical Investigators; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a final guidance for industry entitled 
``Institutional Review Board (IRB) Review of Individual Patient 
Expanded Access Requests for Investigational Drugs and Biological 
Products During the COVID-19 Public Health Emergency.'' To facilitate 
patient access to investigational drugs for treating COVID-19, FDA is 
issuing this guidance to provide recommendations regarding the key 
factors and procedures IRBs should consider when reviewing requests--
including when such reviews are conducted by a single-member of an 
IRB--for individual patient expanded access. Given the public health 
emergency presented by COVID-19, this guidance is being implemented 
without prior public comment because FDA has determined that prior 
public participation is not feasible or appropriate, but it remains 
subject to comment in accordance with the Agency's good guidance 
practices.

DATES: The announcement of the guidance is published in the Federal 
Register on June 9, 2020. The guidance is immediately in effect, but it 
remains subject to comment in accordance with the Agency's good 
guidance practices.

ADDRESSES: You may submit electronic or written comments on Agency 
guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a

[[Page 35312]]

third party may not wish to be posted, such as medical information, 
your or anyone else's Social Security number, or confidential business 
information, such as a manufacturing process. Please note that if you 
include your name, contact information, or other information that 
identifies you in the body of your comments, that information will be 
posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2020-D-1414 for ``Institutional Review Board (IRB) Review of 
Individual Patient Expanded Access Requests for Investigational Drugs 
and Biological Products During the COVID-19 Public Health Emergency.'' 
Received comments will be placed in the docket and, except for those 
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the 
Division of Drug Information, Center for Drug Evaluation and Research, 
Food and Drug Administration, 10001 New Hampshire Ave., Hillandale 
Building, 4th Floor, Silver Spring, MD 20993-0002; or the Office of 
Communication, Outreach and Development, Center for Biologics 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send 
one self-addressed adhesive label to assist that office in processing 
your requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Juanita Marner, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993-0002, 301-
796-8078.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a guidance for industry 
entitled ``Institutional Review Board (IRB) Review of Individual 
Patient Expanded Access Requests for Investigational Drugs and 
Biological Products During the COVID-19 Public Health Emergency.'' 
There is currently an outbreak of respiratory disease caused by a novel 
coronavirus. The virus has been named SARS-CoV-2, and the disease it 
causes has been named Coronavirus Disease 2019 (COVID-19). On January 
31, 2020, the Department of Health and Human Services (HHS) issued a 
declaration of a public health emergency related to COVID-19 and 
mobilized the Operating Divisions of HHS. The public health emergency 
declaration was renewed on April 21, 2020. In addition, on March 13, 
2020, the President declared a national emergency in response to COVID-
19.
    FDA is issuing this guidance to provide recommendations regarding 
the key factors and procedures IRBs, including for reviews conducted by 
a single-member, should consider when reviewing individual patient 
expanded access submissions for patient access to investigational drugs 
for treating COVID-19.
    Under FDA regulations, three categories of expanded access are 
available: Expanded access for individual (also known as single) 
patients, including for emergency use; expanded access for 
intermediate-size patient populations; and ``treatment'' expanded 
access for larger populations. This guidance applies to individual 
patient expanded access requests, as outlined in 21 CFR 312.310. The 
recommendations in this guidance are intended to assist IRBs in 
conducting efficient reviews of individual patient expanded access 
requests.
    In light of the public health emergency related to COVID-19 
declared by the Secretary of HHS, FDA has determined that prior public 
participation for this guidance is not feasible or appropriate and is 
issuing this guidance without prior public comment (see section 
701(h)(1)(C)(i) of the FD&C Act (21 U.S.C. 371(h)(1)(C)(i)) and 21 CFR 
10.115(g)(2)). This guidance document is being implemented immediately, 
but it remains subject to comment in accordance with the Agency's good 
guidance practices statute and regulation.
    This guidance is intended to remain in effect for the duration of 
the public health emergency related to COVID-19 declared by HHS, 
including any renewals made by the Secretary in accordance with section 
319(a)(2) of the Public Health Service Act (42 U.S.C. 247d(a)(2)). 
However, the recommendations described in the guidance are expected to 
assist the Agency more broadly in its continued efforts to facilitate 
access to drugs through expanded access beyond the termination of the 
COVID-19 public health emergency and reflect the Agency's current 
thinking on this issue. Therefore, within 60 days following the 
termination of the public health

[[Page 35313]]

emergency, FDA intends to revise and replace this guidance with any 
appropriate changes based on comments received on this guidance and the 
Agency's experience with implementation.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA on ``Institutional Review Board (IRB) Review of 
Individual Patient Expanded Access Requests for Investigational Drugs 
and Biological Products During the COVID-19 Public Health Emergency.'' 
It does not establish any rights for any person and is not binding on 
FDA or the public. You can use an alternative approach if it satisfies 
the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). The 
collections of information in 21 CFR part 312 have been approved under 
OMB control number 0910-0014; the collections of information relating 
to the protection of human subjects and IRBs have been approved under 
OMB control number 0910-0130; and the collections of information in 
FDA's guidance for industry on ``Individual Patient Expanded Access 
Applications: Form FDA 3926'' have been approved under OMB control 
number 0910-0814.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at 
https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics, https://www.fda.gov/emergency-preparedness-and-response/mcm-issues/covid-19-related-guidance-documents-industry-fda-staff-and-other-stakeholders, or 
https://www.regulations.gov.

    Dated: June 3, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-12429 Filed 6-8-20; 8:45 am]
 BILLING CODE 4164-01-P
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