cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 21:21:5.0.1.1.3.1.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.1 Scope. | FDA | (a) This part contains procedures and requirements governing the use of investigational new drugs, including procedures and requirements for the submission to, and review by, the Food and Drug Administration of investigational new drug applications (IND's). An investigational new drug for which an IND is in effect in accordance with this part is exempt from the premarketing approval requirements that are otherwise applicable and may be shipped lawfully for the purpose of conducting clinical investigations of that drug. (b) References in this part to regulations in the Code of Federal Regulations are to chapter I of title 21, unless otherwise noted. | ||||
| 21:21:5.0.1.1.3.1.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.2 Applicability. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 61 FR 51529, Oct. 2, 1996; 64 FR 401, Jan. 5, 1999] | (a) Applicability. Except as provided in this section, this part applies to all clinical investigations of products that are subject to section 505 of the Federal Food, Drug, and Cosmetic Act or to the licensing provisions of the Public Health Service Act (58 Stat. 632, as amended (42 U.S.C. 201 et seq. )). (b) Exemptions. (1) The clinical investigation of a drug product that is lawfully marketed in the United States is exempt from the requirements of this part if all the following apply: (i) The investigation is not intended to be reported to FDA as a well-controlled study in support of a new indication for use nor intended to be used to support any other significant change in the labeling for the drug; (ii) If the drug that is undergoing investigation is lawfully marketed as a prescription drug product, the investigation is not intended to support a significant change in the advertising for the product; (iii) The investigation does not involve a route of administration or dosage level or use in a patient population or other factor that significantly increases the risks (or decreases the acceptability of the risks) associated with the use of the drug product; (iv) The investigation is conducted in compliance with the requirements for institutional review set forth in part 56 and with the requirements for informed consent set forth in part 50; and (v) The investigation is conducted in compliance with the requirements of § 312.7. (2)(i) A clinical investigation involving an in vitro diagnostic biological product listed in paragraph (b)(2)(ii) of this section is exempt from the requirements of this part if ( a ) it is intended to be used in a diagnostic procedure that confirms the diagnosis made by another, medically established, diagnostic product or procedure and ( b ) it is shipped in compliance with § 312.160. (ii) In accordance with paragraph (b)(2)(i) of this section, the following products are exempt from the requirements of this part: ( a ) blood grouping serum; ( b ) reagent red blood cells; a… | |||
| 21:21:5.0.1.1.3.1.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.3 Definitions and interpretations. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 64 FR 401, Jan. 5, 1999; 64 FR 56449, Oct. 20, 1999; 73 FR 22815, Apr. 28, 2008] | (a) The definitions and interpretations of terms contained in section 201 of the Act apply to those terms when used in this part: (b) The following definitions of terms also apply to this part: Act means the Federal Food, Drug, and Cosmetic Act (secs. 201-902, 52 Stat. 1040 et seq. , as amended (21 U.S.C. 301-392)). Clinical investigation means any experiment in which a drug is administered or dispensed to, or used involving, one or more human subjects. For the purposes of this part, an experiment is any use of a drug except for the use of a marketed drug in the course of medical practice. Contract research organization means a person that assumes, as an independent contractor with the sponsor, one or more of the obligations of a sponsor, e.g., design of a protocol, selection or monitoring of investigations, evaluation of reports, and preparation of materials to be submitted to the Food and Drug Administration. FDA means the Food and Drug Administration. IND means an investigational new drug application. For purposes of this part, “IND” is synonymous with “Notice of Claimed Investigational Exemption for a New Drug.” Independent ethics committee (IEC) means a review panel that is responsible for ensuring the protection of the rights, safety, and well-being of human subjects involved in a clinical investigation and is adequately constituted to provide assurance of that protection. An institutional review board (IRB), as defined in § 56.102(g) of this chapter and subject to the requirements of part 56 of this chapter, is one type of IEC. Investigational new drug means a new drug or biological drug that is used in a clinical investigation. The term also includes a biological product that is used in vitro for diagnostic purposes. The terms “investigational drug” and “investigational new drug” are deemed to be synonymous for purposes of this part. Investigator means an individual who actually conducts a clinical investigation ( i.e. , under whose immediate direction the drug is administered or dispens… | |||
| 21:21:5.0.1.1.3.1.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.6 Labeling of an investigational new drug. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 72 FR 73599, Dec. 28, 2007] | (a) The immediate package of an investigational new drug intended for human use shall bear a label with the statement “Caution: New Drug—Limited by Federal (or United States) law to investigational use.” (b) The label or labeling of an investigational new drug shall not bear any statement that is false or misleading in any particular and shall not represent that the investigational new drug is safe or effective for the purposes for which it is being investigated. (c) The appropriate FDA Center Director, according to the procedures set forth in §§ 201.26 or 610.68 of this chapter, may grant an exception or alternative to the provision in paragraph (a) of this section, to the extent that this provision is not explicitly required by statute, for specified lots, batches, or other units of a human drug product that is or will be included in the Strategic National Stockpile. | |||
| 21:21:5.0.1.1.3.1.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.7 Promotion of investigational drugs. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 19476, May 22, 1987; 67 FR 9585, Mar. 4, 2002; 74 FR 40899, Aug. 13, 2009] | (a) Promotion of an investigational new drug. A sponsor or investigator, or any person acting on behalf of a sponsor or investigator, shall not represent in a promotional context that an investigational new drug is safe or effective for the purposes for which it is under investigation or otherwise promote the drug. This provision is not intended to restrict the full exchange of scientific information concerning the drug, including dissemination of scientific findings in scientific or lay media. Rather, its intent is to restrict promotional claims of safety or effectiveness of the drug for a use for which it is under investigation and to preclude commercialization of the drug before it is approved for commercial distribution. (b) Commercial distribution of an investigational new drug. A sponsor or investigator shall not commercially distribute or test market an investigational new drug. (c) Prolonging an investigation. A sponsor shall not unduly prolong an investigation after finding that the results of the investigation appear to establish sufficient data to support a marketing application. | |||
| 21:21:5.0.1.1.3.1.1.6 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.8 Charging for investigational drugs under an IND. | FDA | [74 FR 40899, Aug. 13, 2009] | (a) General criteria for charging. (1) A sponsor must meet the applicable requirements in paragraph (b) of this section for charging in a clinical trial or paragraph (c) of this section for charging for expanded access to an investigational drug for treatment use under subpart I of this part, except that sponsors need not fulfill the requirements in this section to charge for an approved drug obtained from another entity not affiliated with the sponsor for use as part of the clinical trial evaluation (e.g., in a clinical trial of a new use of the approved drug, for use of the approved drug as an active control). (2) A sponsor must justify the amount to be charged in accordance with paragraph (d) of this section. (3) A sponsor must obtain prior written authorization from FDA to charge for an investigational drug. (4) FDA will withdraw authorization to charge if it determines that charging is interfering with the development of a drug for marketing approval or that the criteria for the authorization are no longer being met. (b) Charging in a clinical trial —(1) Charging for a sponsor's drug. A sponsor who wishes to charge for its investigational drug, including investigational use of its approved drug, must: (i) Provide evidence that the drug has a potential clinical benefit that, if demonstrated in the clinical investigations, would provide a significant advantage over available products in the diagnosis, treatment, mitigation, or prevention of a disease or condition; (ii) Demonstrate that the data to be obtained from the clinical trial would be essential to establishing that the drug is effective or safe for the purpose of obtaining initial approval of a drug, or would support a significant change in the labeling of an approved drug (e.g., new indication, inclusion of comparative safety information); and (iii) Demonstrate that the clinical trial could not be conducted without charging because the cost of the drug is extraordinary to the sponsor. The cost may be extraordinary due to manufacturing compl… | |||
| 21:21:5.0.1.1.3.1.1.7 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | A | Subpart A—General Provisions | § 312.10 Waivers. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9585, Mar. 4, 2002] | (a) A sponsor may request FDA to waive applicable requirement under this part. A waiver request may be submitted either in an IND or in an information amendment to an IND. In an emergency, a request may be made by telephone or other rapid communication means. A waiver request is required to contain at least one of the following: (1) An explanation why the sponsor's compliance with the requirement is unnecessary or cannot be achieved; (2) A description of an alternative submission or course of action that satisfies the purpose of the requirement; or (3) Other information justifying a waiver. (b) FDA may grant a waiver if it finds that the sponsor's noncompliance would not pose a significant and unreasonable risk to human subjects of the investigation and that one of the following is met: (1) The sponsor's compliance with the requirement is unnecessary for the agency to evaluate the application, or compliance cannot be achieved; (2) The sponsor's proposed alternative satisfies the requirement; or (3) The applicant's submission otherwise justifies a waiver. | |||
| 21:21:5.0.1.1.3.2.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.20 Requirement for an IND. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 61 FR 51529, Oct. 2, 1996; 62 FR 32479, June 16, 1997] | (a) A sponsor shall submit an IND to FDA if the sponsor intends to conduct a clinical investigation with an investigational new drug that is subject to § 312.2(a). (b) A sponsor shall not begin a clinical investigation subject to § 312.2(a) until the investigation is subject to an IND which is in effect in accordance with § 312.40. (c) A sponsor shall submit a separate IND for any clinical investigation involving an exception from informed consent under § 50.24 of this chapter. Such a clinical investigation is not permitted to proceed without the prior written authorization from FDA. FDA shall provide a written determination 30 days after FDA receives the IND or earlier. | |||
| 21:21:5.0.1.1.3.2.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.21 Phases of an investigation. | FDA | An IND may be submitted for one or more phases of an investigation. The clinical investigation of a previously untested drug is generally divided into three phases. Although in general the phases are conducted sequentially, they may overlap. These three phases of an investigation are a follows: (a) Phase 1. (1) Phase 1 includes the initial introduction of an investigational new drug into humans. Phase 1 studies are typically closely monitored and may be conducted in patients or normal volunteer subjects. These studies are designed to determine the metabolism and pharmacologic actions of the drug in humans, the side effects associated with increasing doses, and, if possible, to gain early evidence on effectiveness. During Phase 1, sufficient information about the drug's pharmacokinetics and pharmacological effects should be obtained to permit the design of well-controlled, scientifically valid, Phase 2 studies. The total number of subjects and patients included in Phase 1 studies varies with the drug, but is generally in the range of 20 to 80. (2) Phase 1 studies also include studies of drug metabolism, structure-activity relationships, and mechanism of action in humans, as well as studies in which investigational drugs are used as research tools to explore biological phenomena or disease processes. (b) Phase 2. Phase 2 includes the controlled clinical studies conducted to evaluate the effectiveness of the drug for a particular indication or indications in patients with the disease or condition under study and to determine the common short-term side effects and risks associated with the drug. Phase 2 studies are typically well controlled, closely monitored, and conducted in a relatively small number of patients, usually involving no more than several hundred subjects. (c) Phase 3. Phase 3 studies are expanded controlled and uncontrolled trials. They are performed after preliminary evidence suggesting effectiveness of the drug has been obtained, and are intended to gather the additional information about … | ||||
| 21:21:5.0.1.1.3.2.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.22 General principles of the IND submission. | FDA | (a) FDA's primary objectives in reviewing an IND are, in all phases of the investigation, to assure the safety and rights of subjects, and, in Phase 2 and 3, to help assure that the quality of the scientific evaluation of drugs is adequate to permit an evaluation of the drug's effectiveness and safety. Therefore, although FDA's review of Phase 1 submissions will focus on assessing the safety of Phase 1 investigations, FDA's review of Phases 2 and 3 submissions will also include an assessment of the scientific quality of the clinical investigations and the likelihood that the investigations will yield data capable of meeting statutory standards for marketing approval. (b) The amount of information on a particular drug that must be submitted in an IND to assure the accomplishment of the objectives described in paragraph (a) of this section depends upon such factors as the novelty of the drug, the extent to which it has been studied previously, the known or suspected risks, and the developmental phase of the drug. (c) The central focus of the initial IND submission should be on the general investigational plan and the protocols for specific human studies. Subsequent amendments to the IND that contain new or revised protocols should build logically on previous submissions and should be supported by additional information, including the results of animal toxicology studies or other human studies as appropriate. Annual reports to the IND should serve as the focus for reporting the status of studies being conducted under the IND and should update the general investigational plan for the coming year. (d) The IND format set forth in § 312.23 should be followed routinely by sponsors in the interest of fostering an efficient review of applications. Sponsors are expected to exercise considerable discretion, however, regarding the content of information submitted in each section, depending upon the kind of drug being studied and the nature of the available information. Section 312.23 outlines the information needed for a c… | ||||
| 21:21:5.0.1.1.3.2.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.23 IND content and format. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 53 FR 1918, Jan. 25, 1988; 61 FR 51529, Oct. 2, 1996; 62 FR 40599, July 29, 1997; 63 FR 66669, Dec. 2, 1998; 65 FR 56479, Sept. 19, 2000; 67 FR 9585, Mar. 4, 2002] | (a) A sponsor who intends to conduct a clinical investigation subject to this part shall submit an “Investigational New Drug Application” (IND) including, in the following order: (1) Cover sheet (Form FDA-1571). A cover sheet for the application containing the following: (i) The name, address, and telephone number of the sponsor, the date of the application, and the name of the investigational new drug. (ii) Identification of the phase or phases of the clinical investigation to be conducted. (iii) A commitment not to begin clinical investigations until an IND covering the investigations is in effect. (iv) A commitment that an Institutional Review Board (IRB) that complies with the requirements set forth in part 56 will be responsible for the initial and continuing review and approval of each of the studies in the proposed clinical investigation and that the investigator will report to the IRB proposed changes in the research activity in accordance with the requirements of part 56. (v) A commitment to conduct the investigation in accordance with all other applicable regulatory requirements. (vi) The name and title of the person responsible for monitoring the conduct and progress of the clinical investigations. (vii) The name(s) and title(s) of the person(s) responsible under § 312.32 for review and evaluation of information relevant to the safety of the drug. (viii) If a sponsor has transferred any obligations for the conduct of any clinical study to a contract research organization, a statement containing the name and address of the contract research organization, identification of the clinical study, and a listing of the obligations transferred. If all obligations governing the conduct of the study have been transferred, a general statement of this transfer—in lieu of a listing of the specific obligations transferred—may be submitted. (ix) The signature of the sponsor or the sponsor's authorized representative. If the person signing the application does not reside or have a place of business within t… | |||
| 21:21:5.0.1.1.3.2.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.30 Protocol amendments. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 53 FR 1918, Jan. 25, 1988; 61 FR 51530, Oct. 2, 1996; 67 FR 9585, Mar. 4, 2002; 74 FR 40942, Aug. 13, 2009] | Once an IND is in effect, a sponsor shall amend it as needed to ensure that the clinical investigations are conducted according to protocols included in the application. This section sets forth the provisions under which new protocols may be submitted and changes in previously submitted protocols may be made. Whenever a sponsor intends to conduct a clinical investigation with an exception from informed consent for emergency research as set forth in § 50.24 of this chapter, the sponsor shall submit a separate IND for such investigation. (a) New protocol. Whenever a sponsor intends to conduct a study that is not covered by a protocol already contained in the IND, the sponsor shall submit to FDA a protocol amendment containing the protocol for the study. Such study may begin provided two conditions are met: (1) The sponsor has submitted the protocol to FDA for its review; and (2) the protocol has been approved by the Institutional Review Board (IRB) with responsibility for review and approval of the study in accordance with the requirements of part 56. The sponsor may comply with these two conditions in either order. (b) Changes in a protocol. (1) A sponsor shall submit a protocol amendment describing any change in a Phase 1 protocol that significantly affects the safety of subjects or any change in a Phase 2 or 3 protocol that significantly affects the safety of subjects, the scope of the investigation, or the scientific quality of the study. Examples of changes requiring an amendment under this paragraph include: (i) Any increase in drug dosage or duration of exposure of individual subjects to the drug beyond that in the current protocol, or any significant increase in the number of subjects under study. (ii) Any significant change in the design of a protocol (such as the addition or dropping of a control group). (iii) The addition of a new test or procedure that is intended to improve monitoring for, or reduce the risk of, a side effect or adverse event; or the dropping of a test intended to monitor safe… | |||
| 21:21:5.0.1.1.3.2.1.6 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.31 Information amendments. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 53 FR 1918, Jan. 25, 1988; 67 FR 9585, Mar. 4, 2002] | (a) Requirement for information amendment. A sponsor shall report in an information amendment essential information on the IND that is not within the scope of a protocol amendment, IND safety reports, or annual report. Examples of information requiring an information amendment include: (1) New toxicology, chemistry, or other technical information; or (2) A report regarding the discontinuance of a clinical investigation. (b) Content and format of an information amendment. An information amendment is required to bear prominent identification of its contents (e.g., “Information Amendment: Chemistry, Manufacturing, and Control”, “Information Amendment: Pharmacology-Toxicology”, “Information Amendment: Clinical”), and to contain the following: (1) A statement of the nature and purpose of the amendment. (2) An organized submission of the data in a format appropriate for scientific review. (3) If the sponsor desires FDA to comment on an information amendment, a request for such comment. (c) When submitted. Information amendments to the IND should be submitted as necessary but, to the extent feasible, not more than every 30 days. | |||
| 21:21:5.0.1.1.3.2.1.7 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.32 IND safety reporting. | FDA | [75 FR 59961, Sept. 29, 2010] | (a) Definitions. The following definitions of terms apply to this section: Adverse event means any untoward medical occurrence associated with the use of a drug in humans, whether or not considered drug related. Life-threatening adverse event or life-threatening suspected adverse reaction. An adverse event or suspected adverse reaction is considered “life-threatening” if, in the view of either the investigator or sponsor, its occurrence places the patient or subject at immediate risk of death. It does not include an adverse event or suspected adverse reaction that, had it occurred in a more severe form, might have caused death. Serious adverse event or serious suspected adverse reaction. An adverse event or suspected adverse reaction is considered “serious” if, in the view of either the investigator or sponsor, it results in any of the following outcomes: Death, a life-threatening adverse event, inpatient hospitalization or prolongation of existing hospitalization, a persistent or significant incapacity or substantial disruption of the ability to conduct normal life functions, or a congenital anomaly/birth defect. Important medical events that may not result in death, be life-threatening, or require hospitalization may be considered serious when, based upon appropriate medical judgment, they may jeopardize the patient or subject and may require medical or surgical intervention to prevent one of the outcomes listed in this definition. Examples of such medical events include allergic bronchospasm requiring intensive treatment in an emergency room or at home, blood dyscrasias or convulsions that do not result in inpatient hospitalization, or the development of drug dependency or drug abuse. Suspected adverse reaction means any adverse event for which there is a reasonable possibility that the drug caused the adverse event. For the purposes of IND safety reporting, “reasonable possibility” means there is evidence to suggest a causal relationship between the drug and the adverse event. Suspected adverse … | |||
| 21:21:5.0.1.1.3.2.1.8 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.33 Annual reports. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 63 FR 6862, Feb. 11, 1998; 67 FR 9585, Mar. 4, 2002] | A sponsor shall within 60 days of the anniversary date that the IND went into effect, submit a brief report of the progress of the investigation that includes: (a) Individual study information. A brief summary of the status of each study in progress and each study completed during the previous year. The summary is required to include the following information for each study: (1) The title of the study (with any appropriate study identifiers such as protocol number), its purpose, a brief statement identifying the patient population, and a statement as to whether the study is completed. (2) The total number of subjects initially planned for inclusion in the study; the number entered into the study to date, tabulated by age group, gender, and race; the number whose participation in the study was completed as planned; and the number who dropped out of the study for any reason. (3) If the study has been completed, or if interim results are known, a brief description of any available study results. (b) Summary information. Information obtained during the previous year's clinical and nonclinical investigations, including: (1) A narrative or tabular summary showing the most frequent and most serious adverse experiences by body system. (2) A summary of all IND safety reports submitted during the past year. (3) A list of subjects who died during participation in the investigation, with the cause of death for each subject. (4) A list of subjects who dropped out during the course of the investigation in association with any adverse experience, whether or not thought to be drug related. (5) A brief description of what, if anything, was obtained that is pertinent to an understanding of the drug's actions, including, for example, information about dose response, information from controlled trials, and information about bioavailability. (6) A list of the preclinical studies (including animal studies) completed or in progress during the past year and a summary of the major preclinical findings. (7) A summary of an… | |||
| 21:21:5.0.1.1.3.2.1.9 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | B | Subpart B—Investigational New Drug Application (IND) | § 312.38 Withdrawal of an IND. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | (a) At any time a sponsor may withdraw an effective IND without prejudice. (b) If an IND is withdrawn, FDA shall be so notified, all clinical investigations conducted under the IND shall be ended, all current investigators notified, and all stocks of the drug returned to the sponsor or otherwise disposed of at the request of the sponsor in accordance with § 312.59. (c) If an IND is withdrawn because of a safety reason, the sponsor shall promptly so inform FDA, all participating investigators, and all reviewing Institutional Review Boards, together with the reasons for such withdrawal. | |||
| 21:21:5.0.1.1.3.3.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.40 General requirements for use of an investigational new drug in a clinical investigation. | FDA | (a) An investigational new drug may be used in a clinical investigation if the following conditions are met: (1) The sponsor of the investigation submits an IND for the drug to FDA; the IND is in effect under paragraph (b) of this section; and the sponsor complies with all applicable requirements in this part and parts 50 and 56 with respect to the conduct of the clinical investigations; and (2) Each participating investigator conducts his or her investigation in compliance with the requirements of this part and parts 50 and 56. (b) An IND goes into effect: (1) Thirty days after FDA receives the IND, unless FDA notifies the sponsor that the investigations described in the IND are subject to a clinical hold under § 312.42; or (2) On earlier notification by FDA that the clinical investigations in the IND may begin. FDA will notify the sponsor in writing of the date it receives the IND. (c) A sponsor may ship an investigational new drug to investigators named in the IND: (1) Thirty days after FDA receives the IND; or (2) On earlier FDA authorization to ship the drug. (d) An investigator may not administer an investigational new drug to human subjects until the IND goes into effect under paragraph (b) of this section. | ||||
| 21:21:5.0.1.1.3.3.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.41 Comment and advice on an IND. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | (a) FDA may at any time during the course of the investigation communicate with the sponsor orally or in writing about deficiencies in the IND or about FDA's need for more data or information. (b) On the sponsor's request, FDA will provide advice on specific matters relating to an IND. Examples of such advice may include advice on the adequacy of technical data to support an investigational plan, on the design of a clinical trial, and on whether proposed investigations are likely to produce the data and information that is needed to meet requirements for a marketing application. (c) Unless the communication is accompanied by a clinical hold order under § 312.42, FDA communications with a sponsor under this section are solely advisory and do not require any modification in the planned or ongoing clinical investigations or response to the agency. | |||
| 21:21:5.0.1.1.3.3.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.42 Clinical holds and requests for modification. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 19477, May 22, 1987; 57 FR 13249, Apr. 15, 1992; 61 FR 51530, Oct. 2, 1996; 63 FR 68678, Dec. 14, 1998; 64 FR 54189, Oct. 5, 1999; 65 FR 34971, June 1, 2000; 74 FR 40942, Aug. 13, 2009] | (a) General. A clinical hold is an order issued by FDA to the sponsor to delay a proposed clinical investigation or to suspend an ongoing investigation. The clinical hold order may apply to one or more of the investigations covered by an IND. When a proposed study is placed on clinical hold, subjects may not be given the investigational drug. When an ongoing study is placed on clinical hold, no new subjects may be recruited to the study and placed on the investigational drug; patients already in the study should be taken off therapy involving the investigational drug unless specifically permitted by FDA in the interest of patient safety. (b) Grounds for imposition of clinical hold —(1) Clinical hold of a Phase 1 study under an IND. FDA may place a proposed or ongoing Phase 1 investigation on clinical hold if it finds that: (i) Human subjects are or would be exposed to an unreasonable and significant risk of illness or injury; (ii) The clinical investigators named in the IND are not qualified by reason of their scientific training and experience to conduct the investigation described in the IND; (iii) The investigator brochure is misleading, erroneous, or materially incomplete; or (iv) The IND does not contain sufficient information required under § 312.23 to assess the risks to subjects of the proposed studies. (v) The IND is for the study of an investigational drug intended to treat a life-threatening disease or condition that affects both genders, and men or women with reproductive potential who have the disease or condition being studied are excluded from eligibility because of a risk or potential risk from use of the investigational drug of reproductive toxicity ( i.e. , affecting reproductive organs) or developmental toxicity ( i.e. , affecting potential offspring). The phrase “women with reproductive potential” does not include pregnant women. For purposes of this paragraph, “life-threatening illnesses or diseases” are defined as “diseases or conditions where the likelihood of death is high unles… | |||
| 21:21:5.0.1.1.3.3.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.44 Termination. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 55 FR 11579, Mar. 29, 1990; 57 FR 13249, Apr. 15, 1992; 67 FR 9586, Mar. 4, 2002] | (a) General. This section describes the procedures under which FDA may terminate an IND. If an IND is terminated, the sponsor shall end all clinical investigations conducted under the IND and recall or otherwise provide for the disposition of all unused supplies of the drug. A termination action may be based on deficiencies in the IND or in the conduct of an investigation under an IND. Except as provided in paragraph (d) of this section, a termination shall be preceded by a proposal to terminate by FDA and an opportunity for the sponsor to respond. FDA will, in general, only initiate an action under this section after first attempting to resolve differences informally or, when appropriate, through the clinical hold procedures described in § 312.42. (b) Grounds for termination —(1) Phase 1. FDA may propose to terminate an IND during Phase 1 if it finds that: (i) Human subjects would be exposed to an unreasonable and significant risk of illness or injury. (ii) The IND does not contain sufficient information required under § 312.23 to assess the safety to subjects of the clinical investigations. (iii) The methods, facilities, and controls used for the manufacturing, processing, and packing of the investigational drug are inadequate to establish and maintain appropriate standards of identity, strength, quality, and purity as needed for subject safety. (iv) The clinical investigations are being conducted in a manner substantially different than that described in the protocols submitted in the IND. (v) The drug is being promoted or distributed for commercial purposes not justified by the requirements of the investigation or permitted by § 312.7. (vi) The IND, or any amendment or report to the IND, contains an untrue statement of a material fact or omits material information required by this part. (vii) The sponsor fails promptly to investigate and inform the Food and Drug Administration and all investigators of serious and unexpected adverse experiences in accordance with § 312.32 or fails to make any othe… | |||
| 21:21:5.0.1.1.3.3.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.45 Inactive status. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | (a) If no subjects are entered into clinical studies for a period of 2 years or more under an IND, or if all investigations under an IND remain on clinical hold for 1 year or more, the IND may be placed by FDA on inactive status. This action may be taken by FDA either on request of the sponsor or on FDA's own initiative. If FDA seeks to act on its own initiative under this section, it shall first notify the sponsor in writing of the proposed inactive status. Upon receipt of such notification, the sponsor shall have 30 days to respond as to why the IND should continue to remain active. (b) If an IND is placed on inactive status, all investigators shall be so notified and all stocks of the drug shall be returned or otherwise disposed of in accordance with § 312.59. (c) A sponsor is not required to submit annual reports to an IND on inactive status. An inactive IND is, however, still in effect for purposes of the public disclosure of data and information under § 312.130. (d) A sponsor who intends to resume clinical investigation under an IND placed on inactive status shall submit a protocol amendment under § 312.30 containing the proposed general investigational plan for the coming year and appropriate protocols. If the protocol amendment relies on information previously submitted, the plan shall reference such information. Additional information supporting the proposed investigation, if any, shall be submitted in an information amendment. Notwithstanding the provisions of § 312.30, clinical investigations under an IND on inactive status may only resume (1) 30 days after FDA receives the protocol amendment, unless FDA notifies the sponsor that the investigations described in the amendment are subject to a clinical hold under § 312.42, or (2) on earlier notification by FDA that the clinical investigations described in the protocol amendment may begin. (e) An IND that remains on inactive status for 5 years or more may be terminated under § 312.44. | |||
| 21:21:5.0.1.1.3.3.1.6 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.47 Meetings. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 55 FR 11580, Mar. 29, 1990; 63 FR 66669, Dec. 2, 1998; 67 FR 9586, Mar. 4, 2002] | (a) General. Meetings between a sponsor and the agency are frequently useful in resolving questions and issues raised during the course of a clinical investigation. FDA encourages such meetings to the extent that they aid in the evaluation of the drug and in the solution of scientific problems concerning the drug, to the extent that FDA's resources permit. The general principle underlying the conduct of such meetings is that there should be free, full, and open communication about any scientific or medical question that may arise during the clinical investigation. These meetings shall be conducted and documented in accordance with part 10. (b) “End-of-Phase 2” meetings and meetings held before submission of a marketing application. At specific times during the drug investigation process, meetings between FDA and a sponsor can be especially helpful in minimizing wasteful expenditures of time and money and thus in speeding the drug development and evaluation process. In particular, FDA has found that meetings at the end of Phase 2 of an investigation (end-of-Phase 2 meetings) are of considerable assistance in planning later studies and that meetings held near completion of Phase 3 and before submission of a marketing application (“pre-NDA” meetings) are helpful in developing methods of presentation and submission of data in the marketing application that facilitate review and allow timely FDA response. (1) End-of-Phase 2 meetings —(i) Purpose. The purpose of an end-of-phase 2 meeting is to determine the safety of proceeding to Phase 3, to evaluate the Phase 3 plan and protocols and the adequacy of current studies and plans to assess pediatric safety and effectiveness, and to identify any additional information necessary to support a marketing application for the uses under investigation. (ii) Eligibility for meeting. While the end-of-Phase 2 meeting is designed primarily for IND's involving new molecular entities or major new uses of marketed drugs, a sponsor of any IND may request and obtain an end-of-… | |||
| 21:21:5.0.1.1.3.3.1.7 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | C | Subpart C—Administrative Actions | § 312.48 Dispute resolution. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 55 FR 11580, Mar. 29, 1990] | (a) General. The Food and Drug Administration is committed to resolving differences between sponsors and FDA reviewing divisions with respect to requirements for IND's as quickly and amicably as possible through the cooperative exchange of information and views. (b) Administrative and procedural issues. When administrative or procedural disputes arise, the sponsor should first attempt to resolve the matter with the division in FDA's Center for Drug Evaluation and Research or Center for Biologics Evaluation and Research which is responsible for review of the IND, beginning with the consumer safety officer assigned to the application. If the dispute is not resolved, the sponsor may raise the matter with the person designated as ombudsman, whose function shall be to investigate what has happened and to facilitate a timely and equitable resolution. Appropriate issues to raise with the ombudsman include resolving difficulties in scheduling meetings and obtaining timely replies to inquiries. Further details on this procedure are contained in FDA Staff Manual Guide 4820.7 that is publicly available under FDA's public information regulations in part 20. (c) Scientific and medical disputes. (1) When scientific or medical disputes arise during the drug investigation process, sponsors should discuss the matter directly with the responsible reviewing officials. If necessary, sponsors may request a meeting with the appropriate reviewing officials and management representatives in order to seek a resolution. Requests for such meetings shall be directed to the director of the division in FDA's Center for Drug Evaluation and Research or Center for Biologics Evaluation and Research which is responsible for review of the IND. FDA will make every attempt to grant requests for meetings that involve important issues and that can be scheduled at mutually convenient times. (2) The “end-of-Phase 2” and “pre-NDA” meetings described in § 312.47(b) will also provide a timely forum for discussing and resolving scientific and medica… | |||
| 21:21:5.0.1.1.3.4.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.50 General responsibilities of sponsors. | FDA | Sponsors are responsible for selecting qualified investigators, providing them with the information they need to conduct an investigation properly, ensuring proper monitoring of the investigation(s), ensuring that the investigation(s) is conducted in accordance with the general investigational plan and protocols contained in the IND, maintaining an effective IND with respect to the investigations, and ensuring that FDA and all participating investigators are promptly informed of significant new adverse effects or risks with respect to the drug. Additional specific responsibilities of sponsors are described elsewhere in this part. | ||||
| 21:21:5.0.1.1.3.4.1.10 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.60 General responsibilities of investigators. | FDA | [88 FR 88248, Dec. 21, 2023] | An investigator is responsible for ensuring that an investigation is conducted according to the signed investigator statement, the investigational plan, and applicable regulations; for protecting the rights, safety, and welfare of subjects under the investigator's care; and for the control of drugs under investigation. An investigator shall obtain the informed consent of each human subject to whom the drug is administered, in accordance with part 50 of this chapter. Additional specific responsibilities of clinical investigators are set forth in this part and in parts 50 and 56 of this chapter. | |||
| 21:21:5.0.1.1.3.4.1.11 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.61 Control of the investigational drug. | FDA | An investigator shall administer the drug only to subjects under the investigator's personal supervision or under the supervision of a subinvestigator responsible to the investigator. The investigator shall not supply the investigational drug to any person not authorized under this part to receive it. | ||||
| 21:21:5.0.1.1.3.4.1.12 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.62 Investigator recordkeeping and record retention. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 61 FR 57280, Nov. 5, 1996; 67 FR 9586, Mar. 4, 2002] | (a) Disposition of drug. An investigator is required to maintain adequate records of the disposition of the drug, including dates, quantity, and use by subjects. If the investigation is terminated, suspended, discontinued, or completed, the investigator shall return the unused supplies of the drug to the sponsor, or otherwise provide for disposition of the unused supplies of the drug under § 312.59. (b) Case histories. An investigator is required to prepare and maintain adequate and accurate case histories that record all observations and other data pertinent to the investigation on each individual administered the investigational drug or employed as a control in the investigation. Case histories include the case report forms and supporting data including, for example, signed and dated consent forms and medical records including, for example, progress notes of the physician, the individual's hospital chart(s), and the nurses' notes. The case history for each individual shall document that informed consent was obtained prior to participation in the study. (c) Record retention. An investigator shall retain records required to be maintained under this part for a period of 2 years following the date a marketing application is approved for the drug for the indication for which it is being investigated; or, if no application is to be filed or if the application is not approved for such indication, until 2 years after the investigation is discontinued and FDA is notified. | |||
| 21:21:5.0.1.1.3.4.1.13 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.64 Investigator reports. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 63 FR 5252, Feb. 2, 1998; 67 FR 9586, Mar. 4, 2002; 75 FR 59963, Sept. 29, 2010] | (a) Progress reports. The investigator shall furnish all reports to the sponsor of the drug who is responsible for collecting and evaluating the results obtained. The sponsor is required under § 312.33 to submit annual reports to FDA on the progress of the clinical investigations. (b) Safety reports. An investigator must immediately report to the sponsor any serious adverse event, whether or not considered drug related, including those listed in the protocol or investigator brochure and must include an assessment of whether there is a reasonable possibility that the drug caused the event. Study endpoints that are serious adverse events (e.g., all-cause mortality) must be reported in accordance with the protocol unless there is evidence suggesting a causal relationship between the drug and the event (e.g., death from anaphylaxis). In that case, the investigator must immediately report the event to the sponsor. The investigator must record nonserious adverse events and report them to the sponsor according to the timetable for reporting specified in the protocol. (c) Final report. An investigator shall provide the sponsor with an adequate report shortly after completion of the investigator's participation in the investigation. (d) Financial disclosure reports. The clinical investigator shall provide the sponsor with sufficient accurate financial information to allow an applicant to submit complete and accurate certification or disclosure statements as required under part 54 of this chapter. The clinical investigator shall promptly update this information if any relevant changes occur during the course of the investigation and for 1 year following the completion of the study. | |||
| 21:21:5.0.1.1.3.4.1.14 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.66 Assurance of IRB review. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | An investigator shall assure that an IRB that complies with the requirements set forth in part 56 will be responsible for the initial and continuing review and approval of the proposed clinical study. The investigator shall also assure that he or she will promptly report to the IRB all changes in the research activity and all unanticipated problems involving risk to human subjects or others, and that he or she will not make any changes in the research without IRB approval, except where necessary to eliminate apparent immediate hazards to human subjects. | |||
| 21:21:5.0.1.1.3.4.1.15 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.68 Inspection of investigator's records and reports. | FDA | An investigator shall upon request from any properly authorized officer or employee of FDA, at reasonable times, permit such officer or employee to have access to, and copy and verify any records or reports made by the investigator pursuant to § 312.62. The investigator is not required to divulge subject names unless the records of particular individuals require a more detailed study of the cases, or unless there is reason to believe that the records do not represent actual case studies, or do not represent actual results obtained. | ||||
| 21:21:5.0.1.1.3.4.1.16 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.69 Handling of controlled substances. | FDA | If the investigational drug is subject to the Controlled Substances Act, the investigator shall take adequate precautions, including storage of the investigational drug in a securely locked, substantially constructed cabinet, or other securely locked, substantially constructed enclosure, access to which is limited, to prevent theft or diversion of the substance into illegal channels of distribution. | ||||
| 21:21:5.0.1.1.3.4.1.17 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.70 Disqualification of a clinical investigator. | FDA | [77 FR 25359, Apr. 30, 2012] | (a) If FDA has information indicating that an investigator (including a sponsor-investigator) has repeatedly or deliberately failed to comply with the requirements of this part, part 50 or part 56 of this chapter, or has repeatedly or deliberately submitted to FDA or to the sponsor false information in any required report, the Center for Drug Evaluation and Research or the Center for Biologics Evaluation and Research will furnish the investigator written notice of the matter complained of and offer the investigator an opportunity to explain the matter in writing, or, at the option of the investigator, in an informal conference. If an explanation is offered and accepted by the applicable Center, the Center will discontinue the disqualification proceeding. If an explanation is offered but not accepted by the applicable Center, the investigator will be given an opportunity for a regulatory hearing under part 16 of this chapter on the question of whether the investigator is eligible to receive test articles under this part and eligible to conduct any clinical investigation that supports an application for a research or marketing permit for products regulated by FDA. (b) After evaluating all available information, including any explanation presented by the investigator, if the Commissioner determines that the investigator has repeatedly or deliberately failed to comply with the requirements of this part, part 50 or part 56 of this chapter, or has repeatedly or deliberately submitted to FDA or to the sponsor false information in any required report, the Commissioner will notify the investigator, the sponsor of any investigation in which the investigator has been named as a participant, and the reviewing institutional review boards (IRBs) that the investigator is not eligible to receive test articles under this part. The notification to the investigator, sponsor, and IRBs will provide a statement of the basis for such determination. The notification also will explain that an investigator determined to be ineligible to … | |||
| 21:21:5.0.1.1.3.4.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.52 Transfer of obligations to a contract research organization. | FDA | (a) A sponsor may transfer responsibility for any or all of the obligations set forth in this part to a contract research organization. Any such transfer shall be described in writing. If not all obligations are transferred, the writing is required to describe each of the obligations being assumed by the contract research organization. If all obligations are transferred, a general statement that all obligations have been transferred is acceptable. Any obligation not covered by the written description shall be deemed not to have been transferred. (b) A contract research organization that assumes any obligation of a sponsor shall comply with the specific regulations in this chapter applicable to this obligation and shall be subject to the same regulatory action as a sponsor for failure to comply with any obligation assumed under these regulations. Thus, all references to “sponsor” in this part apply to a contract research organization to the extent that it assumes one or more obligations of the sponsor. | ||||
| 21:21:5.0.1.1.3.4.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.53 Selecting investigators and monitors. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 61 FR 57280, Nov. 5, 1996; 63 FR 5252, Feb. 2, 1998; 67 FR 9586, Mar. 4, 2002] | (a) Selecting investigators. A sponsor shall select only investigators qualified by training and experience as appropriate experts to investigate the drug. (b) Control of drug. A sponsor shall ship investigational new drugs only to investigators participating in the investigation. (c) Obtaining information from the investigator. Before permitting an investigator to begin participation in an investigation, the sponsor shall obtain the following: (1) A signed investigator statement (Form FDA-1572) containing: (i) The name and address of the investigator; (ii) The name and code number, if any, of the protocol(s) in the IND identifying the study(ies) to be conducted by the investigator; (iii) The name and address of any medical school, hospital, or other research facility where the clinical investigation(s) will be conducted; (iv) The name and address of any clinical laboratory facilities to be used in the study; (v) The name and address of the IRB that is responsible for review and approval of the study(ies); (vi) A commitment by the investigator that he or she: ( a ) Will conduct the study(ies) in accordance with the relevant, current protocol(s) and will only make changes in a protocol after notifying the sponsor, except when necessary to protect the safety, the rights, or welfare of subjects; ( b ) Will comply with all requirements regarding the obligations of clinical investigators and all other pertinent requirements in this part; ( c ) Will personally conduct or supervise the described investigation(s); ( d ) Will inform any potential subjects that the drugs are being used for investigational purposes and will ensure that the requirements relating to obtaining informed consent (21 CFR part 50) and institutional review board review and approval (21 CFR part 56) are met; ( e ) Will report to the sponsor adverse experiences that occur in the course of the investigation(s) in accordance with § 312.64; ( f ) Has read and understands the information in the investigator's brochure, including the … | |||
| 21:21:5.0.1.1.3.4.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.54 Emergency research under § 50.24 of this chapter. | FDA | [61 FR 51530, Oct. 2, 1996, as amended at 68 FR 24879, May 9, 2003; 88 FR 45065, July 14, 2023] | (a) The sponsor shall monitor the progress of all investigations involving an exception from informed consent under § 50.24 of this chapter. When the sponsor receives from the IRB information concerning the public disclosures required by § 50.24(a)(7)(ii) and (a)(7)(iii) of this chapter, the sponsor promptly shall submit to the IND file and to Docket Number 95S-0158 in the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, copies of the information that was disclosed, identified by the IND number. (b) The sponsor also shall monitor such investigations to identify when an IRB determines that it cannot approve the research because it does not meet the criteria in the exception in § 50.24(a) of this chapter or because of other relevant ethical concerns. The sponsor promptly shall provide this information in writing to FDA, investigators who are asked to participate in this or a substantially equivalent clinical investigation, and other IRB's that are asked to review this or a substantially equivalent investigation. | |||
| 21:21:5.0.1.1.3.4.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.55 Informing investigators. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | (a) Before the investigation begins, a sponsor (other than a sponsor-investigator) shall give each participating clinical investigator an investigator brochure containing the information described in § 312.23(a)(5). (b) The sponsor shall, as the overall investigation proceeds, keep each participating investigator informed of new observations discovered by or reported to the sponsor on the drug, particularly with respect to adverse effects and safe use. Such information may be distributed to investigators by means of periodically revised investigator brochures, reprints or published studies, reports or letters to clinical investigators, or other appropriate means. Important safety information is required to be relayed to investigators in accordance with § 312.32. | |||
| 21:21:5.0.1.1.3.4.1.6 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.56 Review of ongoing investigations. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | (a) The sponsor shall monitor the progress of all clinical investigations being conducted under its IND. (b) A sponsor who discovers that an investigator is not complying with the signed agreement (Form FDA-1572), the general investigational plan, or the requirements of this part or other applicable parts shall promptly either secure compliance or discontinue shipments of the investigational new drug to the investigator and end the investigator's participation in the investigation. If the investigator's participation in the investigation is ended, the sponsor shall require that the investigator dispose of or return the investigational drug in accordance with the requirements of § 312.59 and shall notify FDA. (c) The sponsor shall review and evaluate the evidence relating to the safety and effectiveness of the drug as it is obtained from the investigator. The sponsors shall make such reports to FDA regarding information relevant to the safety of the drug as are required under § 312.32. The sponsor shall make annual reports on the progress of the investigation in accordance with § 312.33. (d) A sponsor who determines that its investigational drug presents an unreasonable and significant risk to subjects shall discontinue those investigations that present the risk, notify FDA, all institutional review boards, and all investigators who have at any time participated in the investigation of the discontinuance, assure the disposition of all stocks of the drug outstanding as required by § 312.59, and furnish FDA with a full report of the sponsor's actions. The sponsor shall discontinue the investigation as soon as possible, and in no event later than 5 working days after making the determination that the investigation should be discontinued. Upon request, FDA will confer with a sponsor on the need to discontinue an investigation. | |||
| 21:21:5.0.1.1.3.4.1.7 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.57 Recordkeeping and record retention. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 58 FR 25926, Apr. 28, 1993; 63 FR 5252, Feb. 2, 1998; 67 FR 9586, Mar. 4, 2002] | (a) A sponsor shall maintain adequate records showing the receipt, shipment, or other disposition of the investigational drug. These records are required to include, as appropriate, the name of the investigator to whom the drug is shipped, and the date, quantity, and batch or code mark of each such shipment. (b) A sponsor shall maintain complete and accurate records showing any financial interest in § 54.4(a)(3)(i), (a)(3)(ii), (a)(3)(iii), and (a)(3)(iv) of this chapter paid to clinical investigators by the sponsor of the covered study. A sponsor shall also maintain complete and accurate records concerning all other financial interests of investigators subject to part 54 of this chapter. (c) A sponsor shall retain the records and reports required by this part for 2 years after a marketing application is approved for the drug; or, if an application is not approved for the drug, until 2 years after shipment and delivery of the drug for investigational use is discontinued and FDA has been so notified. (d) A sponsor shall retain reserve samples of any test article and reference standard identified in, and used in any of the bioequivalence or bioavailability studies described in, § 320.38 or § 320.63 of this chapter, and release the reserve samples to FDA upon request, in accordance with, and for the period specified in § 320.38. | |||
| 21:21:5.0.1.1.3.4.1.8 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.58 Inspection of sponsor's records and reports. | FDA | (a) FDA inspection. A sponsor shall upon request from any properly authorized officer or employee of the Food and Drug Administration, at reasonable times, permit such officer or employee to have access to and copy and verify any records and reports relating to a clinical investigation conducted under this part. Upon written request by FDA, the sponsor shall submit the records or reports (or copies of them) to FDA. The sponsor shall discontinue shipments of the drug to any investigator who has failed to maintain or make available records or reports of the investigation as required by this part. (b) Controlled substances. If an investigational new drug is a substance listed in any schedule of the Controlled Substances Act (21 U.S.C. 801; 21 CFR part 1308), records concerning shipment, delivery, receipt, and disposition of the drug, which are required to be kept under this part or other applicable parts of this chapter shall, upon the request of a properly authorized employee of the Drug Enforcement Administration of the U.S. Department of Justice, be made available by the investigator or sponsor to whom the request is made, for inspection and copying. In addition, the sponsor shall assure that adequate precautions are taken, including storage of the investigational drug in a securely locked, substantially constructed cabinet, or other securely locked, substantially constructed enclosure, access to which is limited, to prevent theft or diversion of the substance into illegal channels of distribution. | ||||
| 21:21:5.0.1.1.3.4.1.9 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | D | Subpart D—Responsibilities of Sponsors and Investigators | § 312.59 Disposition of unused supply of investigational drug. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 67 FR 9586, Mar. 4, 2002] | The sponsor shall assure the return of all unused supplies of the investigational drug from each individual investigator whose participation in the investigation is discontinued or terminated. The sponsor may authorize alternative disposition of unused supplies of the investigational drug provided this alternative disposition does not expose humans to risks from the drug. The sponsor shall maintain written records of any disposition of the drug in accordance with § 312.57. | |||
| 21:21:5.0.1.1.3.5.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.80 Purpose. | FDA | The purpose of this section is to establish procedures designed to expedite the development, evaluation, and marketing of new therapies intended to treat persons with life-threatening and severely-debilitating illnesses, especially where no satisfactory alternative therapy exists. As stated § 314.105(c) of this chapter, while the statutory standards of safety and effectiveness apply to all drugs, the many kinds of drugs that are subject to them, and the wide range of uses for those drugs, demand flexibility in applying the standards. The Food and Drug Administration (FDA) has determined that it is appropriate to exercise the broadest flexibility in applying the statutory standards, while preserving appropriate guarantees for safety and effectiveness. These procedures reflect the recognition that physicians and patients are generally willing to accept greater risks or side effects from products that treat life-threatening and severely-debilitating illnesses, than they would accept from products that treat less serious illnesses. These procedures also reflect the recognition that the benefits of the drug need to be evaluated in light of the severity of the disease being treated. The procedure outlined in this section should be interpreted consistent with that purpose. | ||||
| 21:21:5.0.1.1.3.5.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.81 Scope. | FDA | [53 FR 41523, Oct. 21, 1988, as amended at 64 FR 401, Jan. 5, 1999] | This section applies to new drug and biological products that are being studied for their safety and effectiveness in treating life-threatening or severely-debilitating diseases. (a) For purposes of this section, the term “life-threatening” means: (1) Diseases or conditions where the likelihood of death is high unless the course of the disease is interrupted; and (2) Diseases or conditions with potentially fatal outcomes, where the end point of clinical trial analysis is survival. (b) For purposes of this section, the term “severely debilitating” means diseases or conditions that cause major irreversible morbidity. (c) Sponsors are encouraged to consult with FDA on the applicability of these procedures to specific products. | |||
| 21:21:5.0.1.1.3.5.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.82 Early consultation. | FDA | [53 FR 41523, Oct. 21, 1988, as amended at 63 FR 66669, Dec. 2, 1998] | For products intended to treat life-threatening or severely-debilitating illnesses, sponsors may request to meet with FDA-reviewing officials early in the drug development process to review and reach agreement on the design of necessary preclinical and clinical studies. Where appropriate, FDA will invite to such meetings one or more outside expert scientific consultants or advisory committee members. To the extent FDA resources permit, agency reviewing officials will honor requests for such meetings (a) Pre-investigational new drug (IND) meetings. Prior to the submission of the initial IND, the sponsor may request a meeting with FDA-reviewing officials. The primary purpose of this meeting is to review and reach agreement on the design of animal studies needed to initiate human testing. The meeting may also provide an opportunity for discussing the scope and design of phase 1 testing, plans for studying the drug product in pediatric populations, and the best approach for presentation and formatting of data in the IND. (b) End-of-phase 1 meetings. When data from phase 1 clinical testing are available, the sponsor may again request a meeting with FDA-reviewing officials. The primary purpose of this meeting is to review and reach agreement on the design of phase 2 controlled clinical trials, with the goal that such testing will be adequate to provide sufficient data on the drug's safety and effectiveness to support a decision on its approvability for marketing, and to discuss the need for, as well as the design and timing of, studies of the drug in pediatric patients. For drugs for life-threatening diseases, FDA will provide its best judgment, at that time, whether pediatric studies will be required and whether their submission will be deferred until after approval. The procedures outlined in § 312.47(b)(1) with respect to end-of-phase 2 conferences, including documentation of agreements reached, would also be used for end-of-phase 1 meetings. | |||
| 21:21:5.0.1.1.3.5.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.83 Treatment protocols. | FDA | [53 FR 41523, Oct. 21, 1988, as amended at 76 FR 13880, Mar. 15, 2011] | If the preliminary analysis of phase 2 test results appears promising, FDA may ask the sponsor to submit a treatment protocol to be reviewed under the procedures and criteria listed in §§ 312.305 and 312.320. Such a treatment protocol, if requested and granted, would normally remain in effect while the complete data necessary for a marketing application are being assembled by the sponsor and reviewed by FDA (unless grounds exist for clinical hold of ongoing protocols, as provided in § 312.42(b)(3)(ii)). | |||
| 21:21:5.0.1.1.3.5.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.84 Risk-benefit analysis in review of marketing applications for drugs to treat life-threatening and severely-debilitating illnesses. | FDA | [53 FR 41523, Oct. 21, 1988, as amended at 73 FR 39607, July 10, 2008] | (a) FDA's application of the statutory standards for marketing approval shall recognize the need for a medical risk-benefit judgment in making the final decision on approvability. As part of this evaluation, consistent with the statement of purpose in § 312.80, FDA will consider whether the benefits of the drug outweigh the known and potential risks of the drug and the need to answer remaining questions about risks and benefits of the drug, taking into consideration the severity of the disease and the absence of satisfactory alternative therapy. (b) In making decisions on whether to grant marketing approval for products that have been the subject of an end-of-phase 1 meeting under § 312.82, FDA will usually seek the advice of outside expert scientific consultants or advisory committees. Upon the filing of such a marketing application under § 314.101 or part 601 of this chapter, FDA will notify the members of the relevant standing advisory committee of the application's filing and its availability for review. (c) If FDA concludes that the data presented are not sufficient for marketing approval, FDA will issue a complete response letter under § 314.110 of this chapter or the biological product licensing procedures. Such letter, in describing the deficiencies in the application, will address why the results of the research design agreed to under § 312.82, or in subsequent meetings, have not provided sufficient evidence for marketing approval. Such letter will also describe any recommendations made by the advisory committee regarding the application. (d) Marketing applications submitted under the procedures contained in this section will be subject to the requirements and procedures contained in part 314 or part 600 of this chapter, as well as those in this subpart. | |||
| 21:21:5.0.1.1.3.5.1.6 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.85 Phase 4 studies. | FDA | Concurrent with marketing approval, FDA may seek agreement from the sponsor to conduct certain postmarketing (phase 4) studies to delineate additional information about the drug's risks, benefits, and optimal use. These studies could include, but would not be limited to, studying different doses or schedules of administration than were used in phase 2 studies, use of the drug in other patient populations or other stages of the disease, or use of the drug over a longer period of time. | ||||
| 21:21:5.0.1.1.3.5.1.7 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.86 Focused FDA regulatory research. | FDA | At the discretion of the agency, FDA may undertake focused regulatory research on critical rate-limiting aspects of the preclinical, chemical/manufacturing, and clinical phases of drug development and evaluation. When initiated, FDA will undertake such research efforts as a means for meeting a public health need in facilitating the development of therapies to treat life-threatening or severely debilitating illnesses. | ||||
| 21:21:5.0.1.1.3.5.1.8 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.87 Active monitoring of conduct and evaluation of clinical trials. | FDA | For drugs covered under this section, the Commissioner and other agency officials will monitor the progress of the conduct and evaluation of clinical trials and be involved in facilitating their appropriate progress. | ||||
| 21:21:5.0.1.1.3.5.1.9 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | E | Subpart E—Drugs Intended to Treat Life-threatening and Severely-debilitating Illnesses | § 312.88 Safeguards for patient safety. | FDA | All of the safeguards incorporated within parts 50, 56, 312, 314, and 600 of this chapter designed to ensure the safety of clinical testing and the safety of products following marketing approval apply to drugs covered by this section. This includes the requirements for informed consent (part 50 of this chapter) and institutional review boards (part 56 of this chapter). These safeguards further include the review of animal studies prior to initial human testing (§ 312.23), and the monitoring of adverse drug experiences through the requirements of IND safety reports (§ 312.32), safety update reports during agency review of a marketing application (§ 314.50 of this chapter), and postmarketing adverse reaction reporting (§ 314.80 of this chapter). | ||||
| 21:21:5.0.1.1.3.6.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | F | Subpart F—Miscellaneous | § 312.110 Import and export requirements. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987; 64 FR 401, Jan. 5, 1999; 67 FR 9586, Mar. 4, 2002; 70 FR 70729, Nov. 23, 2005; 88 FR 18037, Mar. 27, 2023] | (a) Imports. An investigational new drug offered for import into the United States complies with the requirements of this part if it is subject to an IND that is in effect for it under § 312.40 and: (1) The consignee in the United States is the sponsor of the IND; (2) the consignee is a qualified investigator named in the IND; or (3) the consignee is the domestic agent of a foreign sponsor, is responsible for the control and distribution of the investigational drug, and the IND identifies the consignee and describes what, if any, actions the consignee will take with respect to the investigational drug. (b) Exports. An investigational new drug may be exported from the United States for use in a clinical investigation under any of the following conditions: (1) An IND is in effect for the drug under § 312.40, the drug complies with the laws of the country to which it is being exported, and each person who receives the drug is an investigator in a study submitted to and allowed to proceed under the IND; or (2) The drug has valid marketing authorization in Australia, Canada, Israel, Japan, New Zealand, Switzerland, South Africa, or in any country in the European Union or the European Economic Area, and complies with the laws of the country to which it is being exported, section 802(b)(1)(A), (f), and (g) of the act, and § 1.101 of this chapter; or (3) The drug is being exported to Australia, Canada, Israel, Japan, New Zealand, Switzerland, South Africa, or to any country in the European Union or the European Economic Area, and complies with the laws of the country to which it is being exported, the applicable provisions of section 802(c), (f), and (g) of the act, and § 1.101 of this chapter. Drugs exported under this paragraph that are not the subject of an IND are exempt from the label requirement in § 312.6(a); or (4) Except as provided in paragraph (b)(5) of this section, the person exporting the drug sends an email certification to the Office of Global Policy and Strategy at OGPSExecSec@fda.hhs.gov, or … | |||
| 21:21:5.0.1.1.3.6.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | F | Subpart F—Miscellaneous | § 312.120 Foreign clinical studies not conducted under an IND. | FDA | [73 FR 22815, Apr. 28, 2008] | (a) Acceptance of studies. (1) FDA will accept as support for an IND or application for marketing approval (an application under section 505 of the act or section 351 of the Public Health Service Act (the PHS Act) (42 U.S.C. 262)) a well-designed and well-conducted foreign clinical study not conducted under an IND, if the following conditions are met: (i) The study was conducted in accordance with good clinical practice (GCP). For the purposes of this section, GCP is defined as a standard for the design, conduct, performance, monitoring, auditing, recording, analysis, and reporting of clinical trials in a way that provides assurance that the data and reported results are credible and accurate and that the rights, safety, and well-being of trial subjects are protected. GCP includes review and approval (or provision of a favorable opinion) by an independent ethics committee (IEC) before initiating a study, continuing review of an ongoing study by an IEC, and obtaining and documenting the freely given informed consent of the subject (or a subject's legally authorized representative, if the subject is unable to provide informed consent) before initiating a study. GCP does not require informed consent in life-threatening situations when the IEC reviewing the study finds, before initiation of the study, that informed consent is not feasible and either that the conditions present are consistent with those described in § 50.23 or § 50.24(a) of this chapter, or that the measures described in the study protocol or elsewhere will protect the rights, safety, and well-being of subjects; and (ii) FDA is able to validate the data from the study through an onsite inspection if the agency deems it necessary. (2) Although FDA will not accept as support for an IND or application for marketing approval a study that does not meet the conditions of paragraph (a)(1) of this section, FDA will examine data from such a study. (3) Marketing approval of a new drug based solely on foreign clinical data is governed by § 314.106 of this … | |||
| 21:21:5.0.1.1.3.6.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | F | Subpart F—Miscellaneous | § 312.130 Availability for public disclosure of data and information in an IND. | FDA | [52 FR 8831, Mar. 19, 1987. Redesignated at 53 FR 41523, Oct. 21, 1988, as amended at 61 FR 51530, Oct. 2, 1996; 64 FR 401, Jan. 5, 1999; 68 FR 24879, May 9, 2003; 88 FR 45065, July 14, 2023] | (a) The existence of an investigational new drug application will not be disclosed by FDA unless it has previously been publicly disclosed or acknowledged. (b) The availability for public disclosure of all data and information in an investigational new drug application for a new drug will be handled in accordance with the provisions established in § 314.430 for the confidentiality of data and information in applications submitted in part 314. The availability for public disclosure of all data and information in an investigational new drug application for a biological product will be governed by the provisions of §§ 601.50 and 601.51. (c) Notwithstanding the provisions of § 314.430, FDA shall disclose upon request to an individual to whom an investigational new drug has been given a copy of any IND safety report relating to the use in the individual. (d) The availability of information required to be publicly disclosed for investigations involving an exception from informed consent under § 50.24 of this chapter will be handled as follows: Persons wishing to request the publicly disclosable information in the IND that was required to be filed in Docket Number 95S-0158 in the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, shall submit a request under the Freedom of Information Act. | |||
| 21:21:5.0.1.1.3.6.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | F | Subpart F—Miscellaneous | § 312.140 Address for correspondence. | FDA | [70 FR 14981, Mar. 24, 2005, as amended at 74 FR 13113, Mar. 26, 2009; 74 FR 55771, Oct. 29, 2009; 75 FR 37295, June 29, 2010; 80 FR 18091, Apr. 3, 2015; 81 FR 17066, Mar. 28, 2016; 84 FR 6673, Feb. 28, 2019] | (a) A sponsor must send an initial IND submission to the Center for Drug Evaluation and Research (CDER) or to the Center for Biologics Evaluation and Research (CBER), depending on the Center responsible for regulating the product as follows: (1) For drug products regulated by CDER. Send the IND submission to the Central Document Room, Center for Drug Evaluation and Research, Food and Drug Administration, 5901-B Ammendale Rd., Beltsville, MD 20705-1266. (2) For biological products regulated by CDER. Send the IND submission to the Central Document Room, Center for Drug Evaluation and Research, Food and Drug Administration, 5901-B Ammendale Rd., Beltsville, MD 20705-1266. (3) For biological products regulated by CBER. Send the IND submission to the Food and Drug Administration, Center for Biologics Evaluation and Research, Document Control Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G112, Silver Spring, MD 20993-0002. (b) On receiving the IND, the responsible Center will inform the sponsor which one of the divisions in CDER or CBER is responsible for the IND. Amendments, reports, and other correspondence relating to matters covered by the IND should be sent to the appropriate center at the address indicated in this section and marked to the attention of the responsible division. The outside wrapper of each submission shall state what is contained in the submission, for example, “IND Application”, “Protocol Amendment”, etc. (c) All correspondence relating to export of an investigational drug under § 312.110(b)(2) shall be submitted to the International Affairs Staff (HFY-50), Office of Health Affairs, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. | |||
| 21:21:5.0.1.1.3.6.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | F | Subpart F—Miscellaneous | § 312.145 Guidance documents. | FDA | [65 FR 56479, Sept. 19, 2000, as amended at 74 FR 13113, Mar. 26, 2009; 80 FR 18091, Apr. 3, 2015] | (a) FDA has made available guidance documents under § 10.115 of this chapter to help you to comply with certain requirements of this part. (b) The Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER) maintain lists of guidance documents that apply to the centers' regulations. The lists are maintained on the Internet and are published annually in the Federal Register. A request for a copy of the CDER list should be directed to the Office of Training and Communications, Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002. A request for a copy of the CBER list should be directed to the Food and Drug Administration, Center for Biologics Evaluation and Research, Office of Communication, Outreach and Development, 10903 New Hampshire Ave., Bldg. 71, Rm. 3103, Silver Spring, MD 20993-0002. | |||
| 21:21:5.0.1.1.3.7.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | G | Subpart G—Drugs for Investigational Use in Laboratory Research Animals or In Vitro Tests | § 312.160 Drugs for investigational use in laboratory research animals or in vitro tests. | FDA | [52 FR 8831, Mar. 19, 1987, as amended at 52 FR 23031, June 17, 1987. Redesignated at 53 FR 41523, Oct. 21, 1988; 67 FR 9586, Mar. 4, 2002] | (a) Authorization to ship. (1)(i) A person may ship a drug intended solely for tests in vitro or in animals used only for laboratory research purposes if it is labeled as follows: CAUTION: Contains a new drug for investigational use only in laboratory research animals, or for tests in vitro. Not for use in humans. CAUTION: Contains a new drug for investigational use only in laboratory research animals, or for tests in vitro. Not for use in humans. (ii) A person may ship a biological product for investigational in vitro diagnostic use that is listed in § 312.2(b)(2)(ii) if it is labeled as follows: CAUTION: Contains a biological product for investigational in vitro diagnostic tests only. CAUTION: Contains a biological product for investigational in vitro diagnostic tests only. (2) A person shipping a drug under paragraph (a) of this section shall use due diligence to assure that the consignee is regularly engaged in conducting such tests and that the shipment of the new drug will actually be used for tests in vitro or in animals used only for laboratory research. (3) A person who ships a drug under paragraph (a) of this section shall maintain adequate records showing the name and post office address of the expert to whom the drug is shipped and the date, quantity, and batch or code mark of each shipment and delivery. Records of shipments under paragraph (a)(1)(i) of this section are to be maintained for a period of 2 years after the shipment. Records and reports of data and shipments under paragraph (a)(1)(ii) of this section are to be maintained in accordance with § 312.57(b). The person who ships the drug shall upon request from any properly authorized officer or employee of the Food and Drug Administration, at reasonable times, permit such officer or employee to have access to and copy and verify records required to be maintained under this section. (b) Termination of authorization to ship. FDA may terminate authorization to ship a drug under this section if it finds that: (1) The sponsor of the in… | |||
| 21:21:5.0.1.1.3.9.1.1 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | I | Subpart I—Expanded Access to Investigational Drugs for Treatment Use | § 312.300 General. | FDA | (a) Scope. This subpart contains the requirements for the use of investigational new drugs and approved drugs where availability is limited by a risk evaluation and mitigation strategy (REMS) when the primary purpose is to diagnose, monitor, or treat a patient's disease or condition. The aim of this subpart is to facilitate the availability of such drugs to patients with serious diseases or conditions when there is no comparable or satisfactory alternative therapy to diagnose, monitor, or treat the patient's disease or condition. (b) Definitions. The following definitions of terms apply to this subpart: Immediately life-threatening disease or condition means a stage of disease in which there is reasonable likelihood that death will occur within a matter of months or in which premature death is likely without early treatment. Serious disease or condition means a disease or condition associated with morbidity that has substantial impact on day-to-day functioning. Short-lived and self-limiting morbidity will usually not be sufficient, but the morbidity need not be irreversible, provided it is persistent or recurrent. Whether a disease or condition is serious is a matter of clinical judgment, based on its impact on such factors as survival, day-to-day functioning, or the likelihood that the disease, if left untreated, will progress from a less severe condition to a more serious one. | ||||
| 21:21:5.0.1.1.3.9.1.2 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | I | Subpart I—Expanded Access to Investigational Drugs for Treatment Use | § 312.305 Requirements for all expanded access uses. | FDA | The criteria, submission requirements, safeguards, and beginning treatment information set out in this section apply to all expanded access uses described in this subpart. Additional criteria, submission requirements, and safeguards that apply to specific types of expanded access are described in §§ 312.310 through 312.320. (a) Criteria. FDA must determine that: (1) The patient or patients to be treated have a serious or immediately life-threatening disease or condition, and there is no comparable or satisfactory alternative therapy to diagnose, monitor, or treat the disease or condition; (2) The potential patient benefit justifies the potential risks of the treatment use and those potential risks are not unreasonable in the context of the disease or condition to be treated; and (3) Providing the investigational drug for the requested use will not interfere with the initiation, conduct, or completion of clinical investigations that could support marketing approval of the expanded access use or otherwise compromise the potential development of the expanded access use. (b) Submission. (1) An expanded access submission is required for each type of expanded access described in this subpart. The submission may be a new IND or a protocol amendment to an existing IND. Information required for a submission may be supplied by referring to pertinent information contained in an existing IND if the sponsor of the existing IND grants a right of reference to the IND. (2) The expanded access submission must include: (i) A cover sheet (Form FDA 1571) meeting the requirements of § 312.23(a); (ii) The rationale for the intended use of the drug, including a list of available therapeutic options that would ordinarily be tried before resorting to the investigational drug or an explanation of why the use of the investigational drug is preferable to the use of available therapeutic options; (iii) The criteria for patient selection or, for an individual patient, a description of the patient's disease or condition, including… | ||||
| 21:21:5.0.1.1.3.9.1.3 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | I | Subpart I—Expanded Access to Investigational Drugs for Treatment Use | § 312.310 Individual patients, including for emergency use. | FDA | [74 FR 40942, Aug. 13, 2009, as amended at 75 FR 32659, June 9, 2010; 80 FR 18091, Apr. 3, 2015] | Under this section, FDA may permit an investigational drug to be used for the treatment of an individual patient by a licensed physician. (a) Criteria. The criteria in § 312.305(a) must be met; and the following determinations must be made: (1) The physician must determine that the probable risk to the person from the investigational drug is not greater than the probable risk from the disease or condition; and (2) FDA must determine that the patient cannot obtain the drug under another IND or protocol. (b) Submission. The expanded access submission must include information adequate to demonstrate that the criteria in § 312.305(a) and paragraph (a) of this section have been met. The expanded access submission must meet the requirements of § 312.305(b). (1) If the drug is the subject of an existing IND, the expanded access submission may be made by the sponsor or by a licensed physician. (2) A sponsor may satisfy the submission requirements by amending its existing IND to include a protocol for individual patient expanded access. (3) A licensed physician may satisfy the submission requirements by obtaining from the sponsor permission for FDA to refer to any information in the IND that would be needed to support the expanded access request (right of reference) and by providing any other required information not contained in the IND (usually only the information specific to the individual patient). (c) Safeguards. (1) Treatment is generally limited to a single course of therapy for a specified duration unless FDA expressly authorizes multiple courses or chronic therapy. (2) At the conclusion of treatment, the licensed physician or sponsor must provide FDA with a written summary of the results of the expanded access use, including adverse effects. (3) FDA may require sponsors to monitor an individual patient expanded access use if the use is for an extended duration. (4) When a significant number of similar individual patient expanded access requests have been submitted, FDA may ask the sponsor to sub… | |||
| 21:21:5.0.1.1.3.9.1.4 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | I | Subpart I—Expanded Access to Investigational Drugs for Treatment Use | § 312.315 Intermediate-size patient populations. | FDA | Under this section, FDA may permit an investigational drug to be used for the treatment of a patient population smaller than that typical of a treatment IND or treatment protocol. FDA may ask a sponsor to consolidate expanded access under this section when the agency has received a significant number of requests for individual patient expanded access to an investigational drug for the same use. (a) Need for expanded access. Expanded access under this section may be needed in the following situations: (1) Drug not being developed. The drug is not being developed, for example, because the disease or condition is so rare that the sponsor is unable to recruit patients for a clinical trial. (2) Drug being developed. The drug is being studied in a clinical trial, but patients requesting the drug for expanded access use are unable to participate in the trial. For example, patients may not be able to participate in the trial because they have a different disease or stage of disease than the one being studied or otherwise do not meet the enrollment criteria, because enrollment in the trial is closed, or because the trial site is not geographically accessible. (3) Approved or related drug. (i) The drug is an approved drug product that is no longer marketed for safety reasons or is unavailable through marketing due to failure to meet the conditions of the approved application, or (ii) The drug contains the same active moiety as an approved drug product that is unavailable through marketing due to failure to meet the conditions of the approved application or a drug shortage. (b) Criteria. The criteria in § 312.305(a) must be met; and FDA must determine that: (1) There is enough evidence that the drug is safe at the dose and duration proposed for expanded access use to justify a clinical trial of the drug in the approximate number of patients expected to receive the drug under expanded access; and (2) There is at least preliminary clinical evidence of effectiveness of the drug, or of a plausible pharmacologi… | ||||
| 21:21:5.0.1.1.3.9.1.5 | 21 | Food and Drugs | I | D | 312 | PART 312—INVESTIGATIONAL NEW DRUG APPLICATION | I | Subpart I—Expanded Access to Investigational Drugs for Treatment Use | § 312.320 Treatment IND or treatment protocol. | FDA | Under this section, FDA may permit an investigational drug to be used for widespread treatment use. (a) Criteria. The criteria in § 312.305(a) must be met, and FDA must determine that: (1) Trial status. (i) The drug is being investigated in a controlled clinical trial under an IND designed to support a marketing application for the expanded access use, or (ii) All clinical trials of the drug have been completed; and (2) Marketing status. The sponsor is actively pursuing marketing approval of the drug for the expanded access use with due diligence; and (3) Evidence. (i) When the expanded access use is for a serious disease or condition, there is sufficient clinical evidence of safety and effectiveness to support the expanded access use. Such evidence would ordinarily consist of data from phase 3 trials, but could consist of compelling data from completed phase 2 trials; or (ii) When the expanded access use is for an immediately life-threatening disease or condition, the available scientific evidence, taken as a whole, provides a reasonable basis to conclude that the investigational drug may be effective for the expanded access use and would not expose patients to an unreasonable and significant risk of illness or injury. This evidence would ordinarily consist of clinical data from phase 3 or phase 2 trials, but could be based on more preliminary clinical evidence. (b) Submission. The expanded access submission must include information adequate to satisfy FDA that the criteria in § 312.305(a) and paragraph (a) of this section have been met. The expanded access submission must meet the requirements of § 312.305(b). (c) Safeguard. The sponsor is responsible for monitoring the treatment protocol to ensure that licensed physicians comply with the protocol and the regulations applicable to investigators. |
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