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FDA Final Guidance on Informed Consent in Clinical Research: Key Revisions, Best Practices for Compliance

Responsibilities of IRBs, Clinical Investigators, and Sponsors; Research Subject Education; Disclosing Conflicts of Interest

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, November 14, 2023

Recorded event now available

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This CLE webinar will provide a detailed look at the FDA's recently released final guidance on informed consent for clinical investigations that reflects the technological and scientific advances made since the draft guidance was originally released in 2014. The panel will address notable changes and updates including those related to the responsibilities of IRBs, clinical investigators, and sponsors and educating research subjects. The panel will also discuss the relation to the 2018 Common Rule and describe best practices for compliance.

Description

On Aug. 15, 2023, the FDA released Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors providing final guidance on informed consent for clinical investigations (the final guidance). In the nearly 10 years since the draft guidance was released, the processes by which clinical trials and human subject research are conducted have evolved with expanded scientific knowledge and technological advances. Therefore, the final guidance reflects those changes and provides important clarifications and examples for IRBs, investigators, and sponsors to ensure compliance.

The final guidance summarizes the informed consent process and outlines the FDA's informed consent requirements; addresses the responsibilities for IRBs, clinical investigators, and sponsors; and concludes with a series of updated FAQs. Notable and substantial updates from the initial draft guidance include: streamlining IRB review of consent forms; using innovative methods and technologies in informed consent to assist with communicating and educating research subjects; determining what constitutes coercion and undue influence in obtaining informed consent; and disclosing possible conflicts of interest to subjects.

Healthcare counsel and their clients should understand the final guidance and the noteworthy updates so that they can review current policies, procedures, and consent forms for compliance. Counsel should also be aware of how the new guidance relates to the 2018 Common Rule and how this may affect future FDA rulemaking.

Listen as our expert panel provides a detailed look at the FDA's final guidance. The panel will address notable changes and updates in the final guidance from the initial draft guidance, discuss the relation to the 2018 Common Rule, and describe best practices for compliance.

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Outline

  1. History of FDA informed consent guidance
  2. FDA's final guidance
    1. Summary of consent process and regulatory requirements for informed consent
    2. IRB responsibilities
    3. Clinical investigator responsibilities
    4. Sponsor responsibilities
    5. FDA review considerations
    6. FAQs
  3. Relation to the 2018 Common Rule and possible future FDA rulemaking
  4. Best practices for compliance

Benefits

The panel will review these and other important issues:

  • How does the final guidance differ from the draft guidance?
  • How are the responsibilities of IRBs, clinical investigators, and sponsors revised in the final guidance?
  • In what ways does the final guidance reflect changes in technology and how these may be used in the informed consent process?
  • How does the final guidance relate to the 2018 Common Rule and what can be expected in future FDA rulemaking?

Faculty

Chmielewski, Monica
Monica R. Chmielewski

Partner, Vice Chair Health Care Practice Group
Foley & Lardner

Ms. Chmielewski’s practice is solely focused on the representation of healthcare providers, pharmaceutical and...  |  Read More

Markey, Melissa
Melissa L. Markey, CISSP

Attorney
Hall Render Killian Heath & Lyman

Ms. Markey focuses her practice on developing practical, operationally focused cybersecurity, privacy and life sciences...  |  Read More

Smith, Elizabeth
Elizabeth Smith

Attorney
Perkins Coie

Ms. Smith advises clients on matters involving Stark Law, False Claims Act, and Anti-Kickback Statute compliance....  |  Read More

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