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Medical Research Misconduct Proceedings: New HHS-ORI Final Rule; Key Procedural Reforms and Requirements

Inquiry and Investigation, Confidentiality and Disclosure, Records Sequestration, Appeal Process, and More

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, December 4, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 8, 2024

or call 1-800-926-7926

This CLE webinar will closely examine the highly anticipated final rule recently issued by the U.S. Department of Health and Human Services Office of Research Integrity (HHS-ORI) revising the procedures and requirements for medical research misconduct proceedings. The panel will address key changes, including new procedural requirements and definitions, and discuss the impact on covered entities. The panel will also offer best practices for compliance.

Description

HHS-ORI recently issued its highly anticipated final rule revising the procedures and requirements for medical research misconduct proceedings in response to technological changes and policy developments that have occurred since the regulations were released nearly 20 years ago.

The final rule applies to all institutions that receive Public Health Service funding for research activities including hospitals and healthcare systems, colleges and universities, and medical schools. While the effective date of the final rule is Jan. 1, 2025, institutional compliance will be required as of Jan. 1, 2026 to allow covered entities time to update institutional policies and procedures. Therefore, counsel should understand the final rule's requirements so they can assist their clients with compliance measures.

Key provisions of the final rule include, among others, new or revised requirements related to: (1) inquiry and investigation processes; (2) confidentiality and disclosure of misconduct proceedings; (3) sequestration of records and evidence; (5) the Subsequent Use Exception to the six-year statute of limitations; and (6) a streamlined appeals process. The final rule also includes a revised definition of plagiarism and new definitions of intentionally, knowingly, or recklessly as applied to alleged misconduct.

Listen as our expert panel provides an in-depth look at the final rule governing medical research misconduct proceedings. The panel will address key changes, including how the final rule differs from the 2023 proposed rule, and the impact on covered entities. The panel will also offer best practices for assisting clients in preparing for compliance.

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Outline

  1. Introduction: history of the final rule
  2. The final rule
    1. New or revised definitions
    2. Inquiry and investigation processes
    3. Confidentiality and disclosure
    4. Sequestration of records and evidence
    5. The Subsequent Use Exception
    6. Appeals process
    7. Other notable changes
  3. Differences from the 2023 proposed rule
  4. Impact on covered entities
  5. Helping clients prepare for compliance
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • How does the new final rule differ from the 2023 proposed rule?
  • What are the new requirements related to misconduct investigation processes?
  • How does the final rule clarify institutional confidentiality obligations?
  • What new requirements impact the sequestration of records and evidence?
  • How does the final rule provide for a clearer appeal process?

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

Merrill, Rebecca
Rebecca J. Merrill

Partner
Holland & Knight

Ms. Merrill focuses her national practice on advising healthcare providers and life sciences organizations on a range...  |  Read More

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Early Discount (through 11/08/24)

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Early Discount (through 11/08/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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