80_FR_74012 80 FR 73785 - Final Human Immunodeficiency Virus (HIV) Organ Policy Equity (HOPE) Act Safeguards and Research Criteria for Transplantation of Organs Infected With HIV

80 FR 73785 - Final Human Immunodeficiency Virus (HIV) Organ Policy Equity (HOPE) Act Safeguards and Research Criteria for Transplantation of Organs Infected With HIV

DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73785-73796
FR Document2015-30172

The U.S. Department of Health and Human Services (HHS), through the National Institutes of Health (NIH), announces the publication of Final Safeguards and Research Criteria for transplantation of HIV-positive donor organs in HIV-positive recipients. All such transplants must occur under an institutional review board (IRB)-approved research protocol that is compliant with federal regulations governing human subjects' research. The goal of this research is to increase knowledge about the safety, efficacy, and effectiveness of solid organ transplantation (SOT) utilizing HIV- positive donors in HIV-positive recipients. A summary of public comments on the previously published Draft Safeguards and Research Criteria and HHS' responses follow, as well as the Final Safeguards and Research Criteria.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73785-73796]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30172]



[[Page 73785]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Final Human Immunodeficiency Virus (HIV) Organ Policy Equity 
(HOPE) Act Safeguards and Research Criteria for Transplantation of 
Organs Infected With HIV

AGENCY: National Institutes of Health, HHS.

ACTION: Notice.

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

SUMMARY: The U.S. Department of Health and Human Services (HHS), 
through the National Institutes of Health (NIH), announces the 
publication of Final Safeguards and Research Criteria for 
transplantation of HIV-positive donor organs in HIV-positive 
recipients. All such transplants must occur under an institutional 
review board (IRB)-approved research protocol that is compliant with 
federal regulations governing human subjects' research. The goal of 
this research is to increase knowledge about the safety, efficacy, and 
effectiveness of solid organ transplantation (SOT) utilizing HIV-
positive donors in HIV-positive recipients.
    A summary of public comments on the previously published Draft 
Safeguards and Research Criteria and HHS' responses follow, as well as 
the Final Safeguards and Research Criteria.

FOR FURTHER INFORMATION CONTACT: Dr. Jonah Odim, phone 240-627-3540, 
Email: [email protected], Fax: 301-451-5671, 5601 Fishers Lane, Room 
6B21, MSC 9827, Bethesda, MD 20892-9827.

SUPPLEMENTARY INFORMATION: HHS initially published the Draft Human 
Immunodeficiency Virus (HIV) Organ Policy Equity (HOPE) Act Safeguards 
and Research Criteria for Transplantation of Organs Infected with HIV, 
subsequently referred to as the ``Draft Safeguards and Research 
Criteria,'' in the Federal Register on June 18, 2015, for a 60-day 
public comment period ending August 17, 2015. In the months leading up 
to the draft publication, HHS presented the research criteria at 
national meetings of transplantation and HIV medicine professionals and 
received their input. Several teleconferences were hosted with 
transplantation community stakeholders from the private, nonprofit, and 
government sectors.
    HHS received comments from a total of 13 individuals/entities on 
the Draft Safeguards and Research Criteria. Comments were submitted by 
transplant centers, Organ Procurement Organizations (OPOs), the Organ 
Procurement and Transplantation Network (OPTN), United Network of Organ 
Sharing (UNOS), HIV and transplantation professional societies, and a 
municipal agency. Overall, these comments were supportive of the HOPE 
Act and the Draft Safeguards and Research Criteria. Many commenters 
made useful suggestions that provided clarity and were incorporated 
into the Final Safeguards and Research Criteria. While the comments 
will not be addressed individually in this response document, 
questions, comments, and suggestions about specific aspects of the 
Draft Safeguards and Research Criteria are addressed by topic below.

HOPE Act: Scope

    The HOPE Act permits HIV-positive to HIV-positive organ 
transplantation under IRB-approved research protocols conforming to the 
Final Human Immunodeficiency Virus (HIV) Organ Policy Equity (HOPE) Act 
Safeguards and Research Criteria for Transplantation of Organs Infected 
with HIV, which were developed as directed in the HOPE Act. Patients 
receiving HIV-positive kidneys from deceased HIV-positive donors in 
South Africa (Muller, 2015) had survival rates of 84 percent and 74 
percent at 1 and 5 years, respectively; however, there is presently no 
evidence for the safety, efficacy, and effectiveness of HIV-positive to 
HIV-positive transplantation in North America. The Final Safeguards and 
Research Criteria are meant to support the acquisition of new clinical 
knowledge and mechanistic insights about HIV-positive to HIV-positive 
organ transplantation in the United States. The results of this 
research will be evaluated by the Secretary of HHS and the OPTN to 
determine whether and how the OPTN standards for organ transplantation 
shall be revised to address HIV-positive organ donors.
    One commenter raised concerns about the negative impact of adverse 
outcomes at transplant centers conducting research in HIV-positive to 
HIV-positive transplants on transplant program-specific reports. This 
commenter proposed ``that transplants performed with HIV-positive donor 
to HIV-positive recipients are not included in the center specific 
reports. The risk of transplanting these patients is unknown, and there 
is no risk adjustment for it on the center specific reports. There will 
potentially be a strong disincentive for centers to do these patients 
leading to fewer patients receiving life-saving organ transplants.'' 
Clearly this is an important issue but one that is beyond the 
authorities delegated to the NIH to enable implementation of the HOPE 
Act (i.e., to develop safeguards and research criteria).

Living Donors

    Several commenters stated that HIV-infected living donors may be at 
long-term risk for renal and/or liver disease and therefore their 
centers would not use HIV-infected living donors. Another commenter 
felt it was premature to embark on living HIV-positive donors without 
prior experience with deceased HIV-positive donors and recommended a 
staged approach. The Hope Act (2013) does not include any language 
addressing the use of living HIV-infected donors.
    The long-term risks of living organ donation to the donor might be 
greater for those infected with HIV than for those who are not. At the 
same time, the desire to donate an organ, (e.g., to save or prolong a 
life) is strong, and evaluation of the risks and benefits of such a 
decision is personal and unique to a given donor/recipient pair. 
Evidence for the safety of organ donation by an HIV-infected individual 
will only be generated by clinical research. HHS has included living 
donors in these Safeguards and Research Criteria so that, if 
investigators choose to pursue this line of research, that research can 
be conducted with appropriate informed consent, safeguards, and rigor.
    The decision to participate in HIV-positive to HIV-positive 
clinical research is made freely, based on informed consent in the 
absence of coercion. The health care team must provide a rigorous, 
transparent education and informed consent process that describes 
alternatives, risks, potential benefits, unknowns, and the need for 
long-term follow-up. These discussions must address how research-
related injuries are managed and paid for, and must specifically 
include the present uncertainties about the outcomes for both HIV-
positive living donors and the recipients of HIV-positive organs. 
Participation of knowledgeable, independent advocates for both the HIV-
positive recipient and the HIV-positive donor is required by these 
Safeguards and Research Criteria.

Independent Advocates

    Some commenters strongly supported the requirement for independent 
advocates for both HIV-positive recipients and prospective HIV-positive 
living donors. Others viewed this as unnecessary given the expertise of 
the principal investigator and study team and current OPTN standards. 
With

[[Page 73786]]

respect to informed consent, the role of the independent advocate 
complements that of the investigator and does not replace it. The 
investigator is assumed to have the expertise necessary to discuss 
risks, benefits, expectations, and alternatives. The advocate is an 
additional knowledgeable person who is neither a member of the research 
team nor the patient's health care provider, whose role is to provide 
information, answer questions, and provide assurance of equal access to 
health care regardless of the patient's decisions regarding research 
participation. For example, the advocate can assure that the transplant 
candidate is aware that he or she has the right to be offered and to 
accept an HIV-negative deceased donor organ should one become 
available, and can assure the prospective living donor of 
confidentiality and support should he or she determine that donation is 
not in his or her own best interest.

Transplant Hospital Experience

    Several commenters from academic institutions, professional 
societies, and the OPTN indicated that the requirements for physicians' 
and surgeons' prior experience in HIV-negative to HIV-positive organ 
transplant were excessive and would result in few centers being able to 
participate in the research allowed under the HOPE Act. In response to 
the wide consensus on this issue, we have accepted the specific 
suggestion of the American Society of Transplant Surgeons (ASTS). 
Section 3 of the Final Safeguards and Research Criteria describe 
collective team experience, rather than individual experience.

Immunologic Criteria (CD4+ T-Cell Counts, HIV Viral Load)

    Several commenters expressed concerns about the usefulness and 
relevance of requiring a minimum CD4+ T-cell count/percentage in the 
donor. They argued that the CD4+ T lymphocyte count will not predict 
allograft function, and that, among HIV-positive to HIV-positive 
transplants in South Africa, excellent outcomes were observed in 
recipients of kidneys from donors with CD4+ T-cell counts well below 
200. These commenters urged flexibility and the elimination of this 
minimum immunologic criterion. In response to these comments, Section 1 
of the Final Safeguards and Research Criteria was revised to indicate 
that, although collection of CD4+ T cell counts and percentages during 
the donor evaluation is required, no minimum criterion is imposed for 
organ acceptance. Some commenters preferred excluding any donors with 
detectable plasma viral load due to the risk of transmitted drug 
resistance. Unfortunately, it will not be possible in all cases to 
mitigate the risk of transmitting viral resistance by setting viral 
load limits and/or assessing antiretroviral resistance profiles in the 
time available for donor evaluation. It is expected that in many cases, 
potential donors will have adequate medical history available to inform 
the transplantation team's assessment and maximally reduce the risk of 
transmitting resistant virus. For these reasons, the Final Safeguards 
and Research Criteria do not stipulate a limit on the allowable viral 
load in a donor. The transplant team should only transplant the organ 
if the team is confident they can define a post-transplant 
antiretroviral regimen that will be safe, tolerable, and effective. 
Concerns about transmitted drug resistance must be included in the 
recipient informed consent process for the research study. In addition, 
at the time of an organ offer, the recipient informed consent must 
address the transplant team's assessment of risk specific to the 
characteristics of the offered organ.

Biospecimens

    Several commenters emphasized the importance of a pre-transplant 
donor organ biopsy. The final updated research criteria include a 
requirement for performance of a pre-implantation ``back-table'' biopsy 
for post-transplantation patient management and future scientific and 
mechanistic studies. Although there are no further specimen 
requirements, we strongly encourage the inclusion of serial 
biospecimens (e.g., allograft tissue, urine, serum, and cells) in the 
individual research protocols. These specimens will be a valuable 
resource to the community in studies relating to superinfection risks, 
for example. Failure to collect such specimens, particularly in organ 
donors, would be a regrettable lost opportunity.

Required Outcomes

    Several commenters expressed concerns about data collection, 
quality, and reporting. The HOPE Act requires the Secretary of HHS to 
review the results of research conducted under the Act. One purpose of 
the criteria presented in the Final Safeguards and Research Criteria is 
to ensure that all investigators conducting research in HIV-positive to 
HIV-positive transplantation collect similar data elements. This 
standardization will facilitate the subsequent review mandated in the 
HOPE Act.

Conclusion Regarding Comments Received

    HHS appreciates the time and effort taken by commenters to respond 
to the Request for Comments. The comments represented the deliberative 
efforts of truly dedicated individuals and organizations in 
transplantation and HIV medicine. All the responses were helpful in 
revising the draft Human Immunodeficiency Virus (HIV) Organ Policy 
Equity (HOPE) Act Safeguards and Research Criteria for Transplantation 
of Organs Infected with HIV.
    The Final Safeguards and Research Criteria for transplantation of 
HIV-positive (HIV+) donor organs in HIV-positive (HIV+) recipients are 
as follows:

                              Abbreviations
------------------------------------------------------------------------
 
------------------------------------------------------------------------
AIDS..............................  Acquired Immunodeficiency Syndrome.
APOL1.............................  Apolipoprotein 1.
ART...............................  Antiretroviral Therapy.
CD4...............................  Cluster of Differentiation 4.
CMS...............................  Centers for Medicare & Medicaid
                                     Services.
CNS...............................  Central Nervous System.
dL................................  Deciliter.
FDA...............................  U.S. Food and Drug Administration.
FIPSE.............................  Spanish Foundation for AIDS
                                     Research.
GESIDA............................  Spanish AIDS Study Group.
HAART.............................  Highly Active Antiretroviral
                                     Therapy.
HBV...............................  Hepatitis B Virus.
HCT/Ps............................  Human Cells, Tissues, and Cellular
                                     and Tissue-Based Products (HCT/Ps).
HCV...............................  Hepatitis C Virus.

[[Page 73787]]

 
HIV...............................  Human Immunodeficiency Virus.
HOPE Act..........................  HIV Organ Policy Equity Act.
INR...............................  International Normalized Ratio.
IRB...............................  Institutional Review Board.
mL................................  Milliliter.
NIH...............................  National Institutes of Health.
NNRTI.............................  Non-Nucleoside (or Non-Nucleotide)
                                     Reverse Transcriptase Inhibitor.
NRTI..............................  Nucleoside (or Nucleotide) Reverse
                                     Transcriptase Inhibitor.
OI................................  Opportunistic Infection.
OPO...............................  Organ Procurement Organization.
OPTN..............................  Organ Procurement and
                                     Transplantation Network.
PCR...............................  Polymerase Chain Reaction.
PML...............................  Progressive Multifocal
                                     Leukoencephalopathy.
RNA...............................  Ribonucleic Acid.
SOPs..............................  Standard Operating Procedures.
SOT...............................  Solid Organ Transplantation.
SRTR..............................  Scientific Registry of Transplant
                                     Recipients.
UNOS..............................  United Network for Organ Sharing.
[micro]L..........................  Microliter.
------------------------------------------------------------------------


                               Definitions
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ABO compatible....................  People who have one blood type (A,
                                     B, AB, or O) form proteins
                                     (antibodies) that cause their
                                     immune system to react against
                                     other blood types. This is
                                     important when a patient needs to
                                     receive blood (transfusion) or have
                                     an organ transplant. The blood
                                     types must be matched to avoid an
                                     ABO incompatibility reaction. ABO
                                     compatible is when the blood types
                                     are matched.
Antiretroviral therapy (ART)        When an HIV strain develops drug
 resistance.                         resistance and/or genetic mutations
                                     associated with drug resistance.
Types/classes of HIV/AIDS           (1) Entry inhibitors.
 antiretroviral drugs (current at   (2) Fusion inhibitors.
 publication).                      (3) Nucleoside reverse transcriptase
                                     inhibitors (NRTIs).
                                    (4) Non-nucleoside reverse
                                     transcriptase inhibitors (NNRTIs).
                                    (5) Integrase inhibitors.
                                    (6) Protease inhibitors.
                                    (7) Multi-class combination
                                     products.
HIV strain........................  Distinct genetic variants of the HIV
                                     retrovirus, conferring
                                     characteristics such as
                                     susceptibility or resistance to ART
                                     medications.
HIV-negative......................  Not testing positive for HIV by
                                     serology and/or nucleic acid
                                     testing using FDA-licensed,
                                     approved or cleared test devices.
HIV-positive......................  HIV-infected by serology and/or
                                     nucleic acid testing using FDA-
                                     licensed, approved, or cleared test
                                     devices.
HIV undetectable viral load.......  (The conventional definition at the
                                     time of the publication of this
                                     research criteria document, based
                                     on current clinical technology/
                                     practice): HIV ribonucleic acid
                                     (RNA) below 50 copies with current
                                     technology.
Opportunistic infection...........  Infections that are more frequent or
                                     more severe because of
                                     immunosuppression in HIV-infected
                                     persons (Kaplan, 1995a, 1995b;
                                     Panel on Opportunistic Infections
                                     in HIV-Infected Adults and
                                     Adolescents, 2015).
Suppressed viral load.............  HIV RNA below 50 copies with current
                                     technology at time of publication
                                     of this research criteria document.
Viral detection threshold.........  HIV RNA below 50 copies with current
                                     technology at time of publication
                                     of this research criteria document.
------------------------------------------------------------------------

Executive Summary

    The HOPE Act requires the HHS Secretary (the Secretary) to develop 
and publish criteria for research involving transplantation of human 
immunodeficiency virus-infected donor organs in HIV-positive 
recipients. A summary of the criteria for conducting clinical research 
in HIV-positive to HIV-positive organ transplantation is included in 
the chart below, and the criteria are set forth in six broad categories 
(Donor Eligibility, Recipient Eligibility, Transplant Hospital 
Criteria, Organ Procurement Organization (OPO) Responsibilities, 
Prevention of Inadvertent Transmission of HIV, and Study Design/
Required Outcome Measures). These criteria are in addition to current 
policies and regulations governing organ transplantation and human 
subjects' research. The goals of these criteria are, first, to ensure 
that research using organs from HIV-positive donors is conducted under 
conditions protecting the safety of research participants and the 
general public; and second, to ensure that the results of this research 
provide a basis for evaluating the safety of solid organ 
transplantation (SOT) from HIV-positive donors to HIV-positive 
recipients.

------------------------------------------------------------------------
             Category                             Criteria
------------------------------------------------------------------------
Donor Eligibility:                  ....................................
    All HIV-positive deceased       No evidence of invasive
     donors.                         opportunistic complications of HIV
                                     infection.
                                    Pre-implant donor organ biopsy.
                                    Viral load: no requirement.

[[Page 73788]]

 
    Deceased donor with known       The study team must describe the
     history of HIV infection and    anticipated post-transplant
     prior antiretroviral therapy    antiretroviral regimen(s) to be
     (ART).                          prescribed for the recipient and
                                     justify its conclusion that the
                                     regimen will be safe, tolerable,
                                     and effective.
    HIV-positive living donor.....  Well-controlled HIV infection
                                     defined as:
                                     CD4+ T-cell count >=500/
                                     [micro]L for the 6-month period
                                     before donation.
                                     HIV-1 RNA <50 copies/mL.
                                     No evidence of invasive
                                     opportunistic complications of HIV
                                     infection.
                                    Pre-implant donor organ biopsy.
Recipient Eligibility.............  CD4+ T-cell count >=200/[micro]L
                                     (kidney).
                                    CD4+ T-cell count >=100 [micro]L
                                     (liver) within 16 weeks prior to
                                     transplant and no history of
                                     opportunistic infection (OI); or
                                     >=200 [micro]L if history of OI is
                                     present.
                                    HIV-1 RNA <50 copies/mL and on a
                                     stable antiretroviral regimen.
                                    No evidence of active opportunistic
                                     complications of HIV infection.
                                    No history of primary central
                                     nervous system (CNS) lymphoma or
                                     progressive multifocal
                                     leukoencephalopathy (PML).
Transplant Hospital Criteria......  Transplant hospital with established
                                     program for care of HIV-positive
                                     subjects.
                                    HIV program expertise on the
                                     transplant team.
                                    Experience with HIV-negative to HIV-
                                     positive organ transplantation.
                                    Standard operating procedures (SOPs)
                                     and training for the organ
                                     procurement, implanting/operative,
                                     and postoperative care teams for
                                     handling HIV-infected subjects,
                                     organs, and tissues.
                                    Institutional review board (IRB)-
                                     approved research protocol in HIV-
                                     positive to HIV-positive
                                     transplantation.
                                    Institutional biohazard plan
                                     outlining measures to prevent and
                                     manage inadvertent exposure to and/
                                     or transmission of HIV.
                                    Provide each living HIV-positive
                                     donor and HIV-positive recipient
                                     with an ``independent advocate''.
                                    Policies and SOPs governing the
                                     necessary knowledge, experience,
                                     skills, and training for
                                     independent advocates.
OPO Responsibilities..............  SOPs and staff training procedures
                                     for working with deceased HIV-
                                     positive donors and their families
                                     in pertinent history taking;
                                     medical chart abstraction; the
                                     consent process; and handling
                                     blood, tissues, organs, and
                                     biospecimens.
                                    Biohazard plan to prevent and manage
                                     HIV exposure and/or transmission.
Prevention of Inadvertent           Each participating Transplant
 Transmission of HIV.                Program and OPO shall develop an
                                     institutional biohazard plan for
                                     handling organs from HIV-positive
                                     donors that is designed to prevent
                                     and/or manage inadvertent
                                     transmission or exposure to HIV.
                                    Procedures must be in place to
                                     ensure that human cells, tissues,
                                     and cellular and tissue-based
                                     products (HCT/Ps) are not recovered
                                     from HIV-positive donors for
                                     implantation, transplantation,
                                     infusion, or transfer into a human
                                     recipient; however, HCT/Ps from a
                                     donor determined to be ineligible
                                     may be made available for
                                     nonclinical purposes.
Required Outcome Measures:          ....................................
    Wait List Candidates..........  HIV status.
                                    CD4+ T-cell counts.
                                    Co-infection (hepatitis C virus
                                     [HCV], hepatitis B virus [HBV]).
                                    HIV viral load.
                                    ART resistance.
                                    Removal from wait list (death or
                                     other reason).
                                    Time on wait list.
    Donors (all)..................  Type (Living or deceased).
                                    HIV status (HIV-infected [HIV-
                                     positive] new diagnosis, HIV-
                                     positive known diagnosis).
                                    CD4+ T-cell count.
                                    Co-infection (HCV, HBV).
                                    HIV viral load.
                                    ART resistance.
    Living Donors.................  Progression to renal insufficiency
                                     in kidney donors.
                                    Progression to hepatic insufficiency
                                     in liver donors.
                                    Change in ART regimen as a result of
                                     organ dysfunction.
                                    Progression to acquired
                                     immunodeficiency syndrome (AIDS).
                                    Failure to suppress viral
                                     replication (persistent HIV
                                     viremia).
                                    Death.
    Transplant Recipients.........  Rejection rate (annual up to 5
                                     years).
                                    Progression to AIDS.
                                    New OI.
                                    Failure to suppress viral
                                     replication (persistent HIV
                                     viremia).
                                    HIV-associated organ failure.
                                    Malignancy.
                                    Graft failure.
                                    Mismatched ART resistance versus
                                     donor.
                                    Death.
------------------------------------------------------------------------

    The HOPE Act research criteria focus on liver and kidney 
transplantation, where there is substantial experience with HIV-
negative to HIV-positive transplantation. The intent is not to exclude 
the possibility of HIV-positive to HIV-positive transplantation of 
other organs; however, transplant organ-specific teams must gain 
experience

[[Page 73789]]

with HIV-negative to HIV-positive transplantation before embarking on 
the more complex and less well-defined issues with HIV-positive to HIV-
positive transplantation. The minimum combined experience required of 
the transplant physician and HIV physician on the team is five organ-
specific cases over 4 years.
    The HOPE Act requires the Secretary and the Organ Procurement and 
Transplantation Network (OPTN) to review the results of the scientific 
research conducted under these criteria to determine whether the 
results warrant further revisions to the OPTN's standards of quality. 
Under the HOPE Act, the Secretary may in the future determine that 
participation in research under such criteria is no longer required for 
HIV-positive to HIV-positive transplants.

Background

    Public Law 113-51, The HOPE Act, requires the HHS Secretary (the 
Secretary) to, among other things, ``develop and publish criteria for 
conduct of research relating to transplantation of organs from donors 
infected with human immunodeficiency virus (HIV) into individuals who 
are infected with HIV before receiving such organs.'' (See Public 
Health Service Act section 377E(a) [codified at 42 U.S.C. 274f-5]). In 
addition, pursuant to section 377E(c) of the HOPE Act, the Secretary is 
required, in conjunction with the OPTN, to review the results of that 
research to determine whether revisions should be made to the standards 
of quality adopted under section 372(b)(2)(E) of the Public Health 
Service Act (OPTN standards for the acquisition and transportation of 
donated organs) and the regulations governing the operation of the OPTN 
(42 CFR 121.6).
    The authority vested in the Secretary under section 377E(a) to 
develop and publish research criteria was delegated to the Director, 
National Institutes of Health (NIH), and these research criteria are 
the subject of this document. They are meant to ensure first, that 
research using organs from HIV-positive donors is conducted under 
conditions protecting the safety of research participants and the 
general public; and second, that the results of this research provide a 
basis for evaluating the safety of transplantation of organs from HIV-
positive donors to HIV-positive recipients.

Process

    This document was authored by representatives of the NIH and 
Centers for Disease Control and Prevention. Additional input from 
representatives of other federal agencies, including the Health 
Resources and Services Administration, Centers for Medicare & Medicaid 
Services (CMS), and the Food and Drug Administration (FDA), was 
solicited. In addition, perspectives and input were solicited from 
community stakeholders.

Introduction

    The advent of effective antiretroviral therapy (ART) in the mid-
1990s for treatment of individuals infected with HIV transformed a 
rapidly fatal disease into a well-controlled chronic illness. 
Currently, the life expectancy of individuals infected with HIV and 
receiving ART early in the course of their disease approaches that of 
individuals without HIV infection (Wada, 2013, 2014). In this era of 
greater longevity, liver failure, end-stage renal disease, and 
cardiovascular disease have emerged as important causes of morbidity 
and mortality in patients with HIV infection (Neuhaus, 2010).
    Organ transplantation prolongs survival and improves quality of 
life for individuals with end-stage organ disease (Matas, 2014; Kim, 
2014). Until recently, however, organ transplantation was unavailable 
to those infected with HIV due to concerns that pharmacologic 
immunosuppression to prevent organ rejection would hasten the 
progression from HIV infection to AIDS, concerns about disease 
transmission, and reluctance to allocate organs to a population whose 
outcome was unpredictable (Blumberg, 2009, 2013a, 2013b; Mgbako, 2013; 
Taege, 2013). Nevertheless, a few transplant programs accepted HIV-
positive patients on their transplant waiting lists and accumulated 
data showing kidney or liver transplantation could be done safely in 
these patients (Roland, 2002, 2003a, 2003b, 2003c; Blumberg, 2009; 
Stock, 2010; Yoon, 2011; Terrault, 2012). Subsequently, a prospective, 
multicenter clinical trial of kidney and liver transplantation in 275 
patients demonstrated that, among HIV-positive kidney and liver 
transplant recipients, patient and graft survival rates were acceptable 
and within the range of outcomes currently achieved among non-infected 
transplant recipients. However, the rate of kidney rejection was 
unexpectedly high, demonstrating that the immune dysregulation 
resulting from HIV infection, HCV co-infection, and antirejection drugs 
is complex and incompletely understood. Some of the challenges 
encountered in that study remain relevant for clinical sites offering 
organ transplantation to HIV-positive individuals today (e.g., 
management of drug interactions and toxicities when combining complex 
medical regimens, management of combined morbidities of two or more 
active diseases, and the need for ongoing collaboration among medical 
professionals from different specialties) (Frassetto, 2007, 2014; 
Locke, 2014). Despite the complexities, this study and others (Ragni, 
1999; Frassetto, 2009; Huprikar, 2009; Stock, 2010; Touzot, 2010; 
Cooper, 2011; Duclos-Vallee, 2011; Reeves-Daniel, 2011; Fox, 2012; 
Terrault, 2012; Grossi, 2012; Gomez, 2013; Harbell, 2013) demonstrate 
that kidney and liver transplantation are appropriate in HIV-positive 
individuals with liver or kidney failure, although gaps in knowledge 
and many research questions remain. There is much less experience with 
heart (Calabrese, 2003; Bisleri, 2003; Pelletier, 2004; Uriel, 2009, 
2014; Castel, 2011a, 2011b; Durante-Mangoni, 2011 and 2014) and lung 
(Mehta, 2000; Humbert, 2006; Petrosillo, 2006; Bertani, 2009; Kern, 
2014a, 2014b) transplantation in HIV-positive recipients, or mechanical 
circulatory assistance (Brucato, 2004; Fieno, 2009; Mehmood, 2009; 
Sims, 2011) as a bridge to transplantation, although case reports and 
small case series suggest acceptable short-term outcomes are possible.
    Prior to the passage of the HOPE Act, U.S. law required that all 
U.S. transplants for HIV-positive recipients utilize organs from HIV-
uninfected donors. (See 42 U.S.C. 273(b)(3)(C), 274(b) and 18 U.S.C. 
1122, all prior to amendment by the HOPE Act). The potential for 
increasing the pool of available organ donors for all recipients by 
allowing the use of organs from donors infected with HIV for 
transplantation into recipients infected with HIV (hereinafter referred 
to as ``HIV-positive to HIV-positive transplantation'') is recognized 
(Boyarsky, 2011, 2015; Mgbako, 2013; Mascolini, 2014; Kucirka, 2015; 
Richterman, 2015). It is estimated that an additional 500 organ donors 
per year might be available if HIV-positive individuals were accepted 
as organ donors for HIV-positive recipients (Boyarsky, 2011). The 
published experience with HIV-positive to HIV-positive SOT at this time 
comes from Muller et al from the University of Cape Town in South 
Africa. Initially, Muller et al (2010) reported 100 percent patient and 
graft survival in a four-patient pilot study. Subsequently, the same 
group reported an additional 10 HIV-positive to HIV-positive renal 
transplants (Muller, 2012). All patients were restarted on ART early 
postoperatively in the immunosuppressive setting of T-

[[Page 73790]]

cell-depleting induction therapy, tacrolimus, mycophenolate mofetil, 
and prednisone. One to 4 years after transplantation, outcomes remained 
excellent and all patients had undetectable viral loads (Muller, 2012). 
The cumulative University of Cape Town experience of 27 HIV-positive to 
HIV-positive transplant procedures was recently summarized in the New 
England Journal of Medicine (Muller, 2015). The 1- and 5-year death-
censored graft survival was 93 and 84 percent, respectively, and 1- and 
5-year patient survival was 83 and 74 percent, respectively. Of note, 
the South African HIV-positive deceased donors were ART-na[iuml]ve, 
without history of opportunistic infection or proteinuria, and had 
normal pre-transplant renal biopsies. While renal function has remained 
normal in the recipients, three have had routine post-transplant renal 
biopsies demonstrating new changes typical of early HIV-associated 
nephropathy that were not present in baseline biopsy specimens. The 
long-term significance of these findings remains unknown and awaits 
longer follow-up. All patients had undetectable plasma HIV viral loads 
after transplantation. Graft rejection rates were 8 percent at 1 year 
and 22 percent at 3 years.
    This document presents criteria for conducting research in HIV-
positive to HIV-positive organ transplantation in the United States. 
The criteria are grouped into six broad categories: Donor Eligibility, 
Recipient Eligibility, Transplant Hospital Criteria, OPO 
Responsibilities, Prevention of Inadvertent Transmission of HIV, and 
Study Design/Required Outcome Measures. These research criteria do not 
describe all of the necessary components of a research protocol for 
HIV-positive to HIV-positive transplantation, such as the specific 
medication regimens, pre-transplant induction (if any), maintenance 
immunosuppression after transplantation, or control of HIV infection. 
These protocol elements and others will be determined by an 
investigator's specific research questions and the expertise of those 
conducting the research. Rather, the criteria address the minimum 
safety and data requirements of clinical research in HIV-positive to 
HIV-positive transplantation. As mandated by the HOPE Act, the 
Secretary, together with the OPTN, is charged with reviewing the 
results of scientific research conducted under these criteria to 
determine whether the OPTN's standards of quality should be further 
modified and whether some HIV-positive to HIV-positive transplants 
should proceed outside the auspices of research conducted under such 
criteria.
    This document focuses on liver and kidney transplantation, as it is 
only in liver and kidney transplantation that there is substantial 
experience with transplantation from HIV-negative donors to HIV-
positive recipients (Sawinski, 2015; Locke, 2015a, 2015b; Miro, 2015). 
The intent is not to exclude the possibility of HIV-positive to HIV-
positive transplantation of other organs such as the heart or lung in 
the future; however, transplant teams must gain experience with HIV-
negative to HIV-positive transplantation of a specific organ before 
taking on the more complex and less well-defined issues of HIV-positive 
to HIV-positive transplantation of that organ. Centers developing 
research protocols for HIV-positive to HIV-positive transplantation of 
organs other than kidney or liver must have a study team with 
demonstrated experience in HIV-negative to HIV-positive transplants, as 
noted in Section 3.1(ii), for the organ transplant(s) proposed in the 
research protocol. Specific criteria for the transplantation of organs 
other than the liver and kidney have not been provided in this document 
because no evidence base exists to support such recommendations. The 
study team developing a research protocol for HIV-positive to HIV-
positive non-renal, non-liver transplantation must develop and justify 
specific criteria for review and approval by their IRB, based on the 
relevant experiences of the study team and others.
    These criteria are in addition to, not in place of, current 
policies and regulations governing organ transplantation and human 
subjects' research. Accordingly, to emphasize the specific requirements 
unique to the investigational transplantation of organs from HIV-
positive donors into HIV-positive recipients, the research criteria set 
forth here do not address related requirements that exist in federal 
regulations or OPTN bylaws or policies including, but not limited to, 
obligations imposed on OPTN transplant hospitals and transplant 
programs concerning informed consent of transplant recipients and 
living donors, the equitable allocation of organs, and organ offers. 
The regulations governing the operation of OPTN are codified at 42 CFR 
part 121 and OPTN policies and bylaws can be found at http://optn.transplant.hrsa.gov/ContentDocuments/OPTN_Policies.pdf.
    Under these research criteria, all HIV-positive to HIV-positive 
transplantation must occur under an IRB-approved research protocol and 
shall comply with any other existing laws, policies, and regulations 
governing the conduct of human subjects' research (see Public Law 113-
51 and, e.g., 45 CFR part 46, as applicable). In addition, a transplant 
program conducting research in HIV-positive to HIV-positive 
transplantation under these research criteria must provide each living 
donor and recipient with an independent advocate.
    Although the criteria set forth in this document outline the 
minimum safety requirements for research involving HIV-positive to HIV-
positive transplantation, it is expected that investigators will 
develop more specific eligibility criteria based on their individual 
research questions and protocols. In addition, it is likely, that 
researchers will wish to collect research specimens (blood, urine, 
tissue) in addition to those specified in the Research Criteria.

1 Donor Eligibility

    HIV-positive living donors and HIV-positive deceased donors of 
organs for transplantation into an HIV-positive recipient must fulfill 
applicable clinical criteria in place for HIV-uninfected organ donors.
    There is substantial concern about the consequences of 
transplanting an organ from an HIV-positive donor to a recipient 
infected with a strain of HIV that differs from the donor's in terms of 
its responsiveness to antiretroviral therapy (ART). The likelihood and 
impact of HIV superinfection in this context are unknown. Adverse 
consequences could range from transient loss of viral suppression, 
necessitating a change in antiretroviral regimen to a worst-case 
scenario in which the new infecting strain of HIV is unresponsive to 
available antiretroviral treatment and the recipient progresses to AIDS 
(Redd, 2013). Information relevant to understanding the known or 
potential extent of antiretroviral resistance in the strain of HIV 
infecting the organ donor may be incomplete for many reasons:
     There may be inadequate virus in donor specimens for 
antiretroviral resistance testing;
     If the specimen is adequate, there may not be enough time 
within the decision-making evaluation window to fully assess 
antiretroviral resistance before the clinical deterioration of the 
donor, organ procurement, and implantation;
     The donor's history of antiretroviral treatment may be 
unknown or incomplete;

[[Page 73791]]

     Results from prior antiretroviral resistance testing may 
be unavailable.
    These issues might be especially challenging when considering organ 
donation from deceased donors whose HIV infection is first identified 
during donor evaluation. As of 2011, an estimated 1 in 6 U.S. adults 
living with HIV infection were undiagnosed (Prevention, 2013) and an 
estimated 16 percent of newly diagnosed, untreated individuals were 
infected with virus resistant to at least one class of antiretroviral 
drug (Kim, 2013; Megens, 2013).
    It is anticipated that the risk of transmission of resistant HIV 
strains may be lower from deceased donors with a well-documented 
history of antiretroviral treatment, undetectable virus at demise, and 
robust and persistent undetectable viral load for at least 1 year prior 
to death. However, to impose this as an eligibility criterion would 
limit the pool of suitable donors and severely limit the ability to 
study transplantation of HIV-positive organs under the HOPE Act. In 
addition, it will not be possible in all cases to obtain viral loads 
and/or antiretroviral resistance profiles in the time available for 
donor evaluation. Transplant teams evaluating a donor must review all 
available donor and recipient information and be able to propose an 
antiretroviral regimen that will be equally or more safe, tolerable, 
and effective for the recipient after transplantation as the regimen in 
place in the recipient before transplantation. For instance, a donor 
who only achieves viral suppression with a regimen known to be 
intolerable to the recipient must not be accepted. If there is doubt 
about the ability to suppress viral replication after transplantation, 
the transplant must not move forward.
    Donors co-infected with hepatitis are not excluded from HIV-
positive to HIV-positive transplant; however, careful consideration 
must be given when evaluating a donor co-infected with HBV and/or HCV 
(Terrault, 2012; Miro, 2012; Moreno, 2012; Sherman, 2014; Chen, 2014). 
Although HCV therapeutic strategies are rapidly evolving (Liang, 2013), 
it is possible that mixed genotype HCV infections may influence post-
transplant treatment of HCV in the recipient. Prior antiretroviral 
treatment of the donor and/or recipient with agents active against HBV 
(i.e., lamivudine, emtricitabine, adefovir, and tenofovir) has the 
potential for inducing or uncovering archived HBV drug resistance in 
the recipient (Dieterich, 2007; Soriano, 2009; Pais, 2010).
    In the case of a living HIV-positive organ donor, the risk of 
future end-stage liver or kidney failure in the donor must be carefully 
assessed as it is in other at-risk populations currently eligible to 
donate an organ. For example, kidney disease in HIV-positive patients 
has been associated with the apolipoprotein 1 (APOL1) coding variants 
that confer a very high risk of susceptibility and are almost 
exclusively found in patients of African descent (Freedman, 2013; 
Genovese, 2010). Living donation of a kidney from a donor having such a 
variant may be associated with an unacceptable risk of subsequent 
kidney disease to both the donor and the recipient (Freedman, 2015; 
Reeves-Daniel, 2011; Parsa, 2013; Riella, 2015).
    The consent process for an HIV-positive living organ donor must 
include and document provision to the donor of information regarding: 
(1) The possibility that the loss of organ function resulting from 
donation could preclude the use of certain antiretroviral drugs in the 
future; (2) the risk of kidney or liver failure in the future; (3) the 
possibility of transmission of occult opportunistic infections to the 
recipient; and (4) the absence of U.S. experience in HIV-positive to 
HIV-positive organ transplantation, and thus the unpredictable nature 
of donor and recipient outcomes (Mgbako, 2013).
    HIV-positive transplant candidates who are listed for a transplant 
in the context of a research study of HIV-positive to HIV-positive 
transplantation must have the same opportunity as other transplant 
candidates to receive an organ from an HIV-negative donor, should one 
become available for them.

1.1 HIV-Positive Donor Eligibility Criteria

    The HIV-specific donor eligibility criteria for deceased donors and 
for living donors are listed (also refer to Table 1). Co-infection with 
HBV and/or HCV is not an exclusion criterion, although research that 
includes co-infected donors must address any additional eligibility 
criteria within their research protocol.
1.1.1 HIV-Positive Deceased Donors
    When evaluating HIV-positive deceased donors, it is understood that 
limited medical history may be available and/or known at the time of 
the donor evaluation. The OPO must make reasonable efforts to obtain 
prior medical history so that a transplant center team may best 
determine the suitability of the potential donor based on the 
information available. A complete history of antiretroviral regimens 
and a history of viral load tests and resistance testing are especially 
valuable for evaluating the likelihood of donor HIV resistance to 
antiretroviral regimens. A history of OIs or cancers is also of high 
importance, due to the increased risk for both attributable to HIV, and 
the additional difficulty of treating some infections and neoplasms in 
a post-transplant setting. It is possible that deceased donors with 
lower CD4+ T-cell counts may pose an increased risk of harboring 
transmissible diseases (e.g., opportunistic infections or neoplasms) 
that may be difficult to detect during organ harvest and 
transplantation; teams conducting transplants under the HOPE Act are 
urged to assess donors with low CD4+ T-cell counts (e.g., <=200/
[micro]L) with special caution and to promptly inform IRBs and protocol 
sponsors of known or suspected disease transmission events.
    Minimum eligibility criteria for all HIV-positive deceased donors:
    i. Documented HIV infection using an FDA-licensed, approved, or 
cleared test device(s).
    ii. No evidence of invasive opportunistic complications of HIV 
infection.
    iii. Pre-implant donor organ biopsy to be stored, at a minimum, for 
the duration of the study (or at least 5 years); additional specimens 
may be obtained to support specific research goals.
    Additional eligibility criteria for HIV-positive deceased donors 
with a known history of HIV and prior treatment with ART:
    i. The study team must describe the anticipated post-transplant 
antiretroviral regimen(s) to be prescribed for the recipient and 
justify their conclusion that the proposed regimen will be safe, 
tolerable, and effective.
1.1.2 HIV-Positive Living Donors
    Minimum eligibility criteria for HIV-positive living donors:
    i. Documented HIV infection using an FDA-licensed, approved, or 
cleared test device.
    ii. Well-controlled HIV infection, as evidenced by:
    a. CD4+ T-cell count >=500/[micro]L for the 6-month period 
preceding donation.
    b. Fewer than 50 copies/mL of HIV-1 RNA detectable by 
ultrasensitive or real-time polymerase chain reaction (PCR) assay.
    iii. A complete history of ART regimens and ART resistance.
    iv. The study team must be able to predict a safe, tolerable, and 
effective regimen to be prescribed for the recipient based on the 
donor's current ART regimen as well as the donor's history of ART 
resistance.

[[Page 73792]]

    v. No evidence of invasive opportunistic complications of HIV 
infection.
    vi. A liver biopsy (in liver donors) or a kidney biopsy (in kidney 
donors) showing no evidence of a disease process that would put the 
donor at increased risk of progressing to end-stage organ failure after 
donation, or that would present a risk of poor graft function to the 
recipient.

2 Recipient Eligibility

    A key consideration when evaluating potential HIV-positive 
transplant candidates is the ability to suppress HIV viral load post-
transplant. This includes a thorough assessment by the transplant team 
of the candidate recipient's prescribed antiretroviral medications, HIV 
RNA levels while on medications, adherence to HIV treatment, and any 
available HIV resistance testing; a similar evaluation of the donor 
must also be carried out. A transplant should only take place if, after 
evaluating both recipient and donor, the team is confident they can 
define a post-transplant antiretroviral regimen that will be safe, 
tolerable, and effective. If there is any doubt on the part of the 
transplant team about the ability to suppress viral replication post-
transplant, the transplant should not move forward. Concerns about 
transmitted drug resistance must be included in the recipient informed 
consent process for the research study. At the time of an organ offer, 
the recipient informed consent must address the transplant team's 
assessment of risk specific to the organ they are being offered.

2.1 HIV-Positive Recipient Eligibility Criteria

    The following HIV-specific criteria must be met when screening for 
an HIV-positive to HIV-positive organ transplant (also refer to Table 
1):
    i. CD4+ T-cell count >=200/[micro]L (kidney) and >=100/[micro]L 
(liver) within 16 weeks prior to transplant; any patient with history 
of OI must have a CD4 positive T-cell count >=200/uL.
    ii. HIV RNA less than 50 copies/mL and on a stable antiretroviral 
regimen.*
    iii. No evidence of active opportunistic complications of HIV 
infection.
    iv. No history of primary CNS lymphoma or progressive PML.
    v. Concurrence by the study team that, based on medical history and 
ART, viral suppression can be achieved in the recipient post-
transplant.
    *Patients who are unable to tolerate ART due to organ failure or 
who have only recently started ART may have detectable viral load and 
still be considered eligible if the study team is confident there will 
be a safe, tolerable, and effective antiretroviral regimen for the 
patient once organ function is restored after transplantation.

 Table 1--Summary of Donor and Recipient Eligibility Criteria for HIV-Positive Sero-Concordant Organ Transplant
                                            Pairs under the HOPE Act
----------------------------------------------------------------------------------------------------------------
        HIV-Related variables               Deceased donor            Living donor        HIV-Positive recipient
----------------------------------------------------------------------------------------------------------------
                                                                                         If no history of OI
                                                                                          >=200
Current CD4+ T-cell count............  No requirement.........  >=500 for 6 months       If history of OI
(T lymphocytes/[micro]L).............                            prior to organ           >=200 (kidney)
                                                                 donation.
                                                                                          >=100 (liver)
                                                                                         CD4+ T-cell count
                                                                                          measured within 16
                                                                                          weeks of
                                                                                          transplantation
Plasma HIV RNA viral load (copies/mL)  No requirement**.......  <50....................  <50*
Opportunistic infection..............  No invasive OI.........  No invasive OI.........  Currently,
                                                                                          No active OI
                                                                                         Historically, no
                                                                                          CNS
                                                                                         lymphoma
                                                                                          PML
----------------------------------------------------------------------------------------------------------------
* Organ recipients who are unable to tolerate ART due to organ failure or who have only recently started ART may
  have detectable viral load and still be considered eligible if the study team is confident there will be a
  safe, tolerable, and effective antiretroviral regimen to be used by the recipient once organ function is
  restored after transplantation.
** In deceased donors with a known history of HIV infection and prior treatment with ART, the study team must
  describe the anticipated post-transplant antiretroviral regimen(s) to be used by the organ recipient and
  justify their conclusion that the proposed regimen will be safe, tolerable, and effective.

3 Transplant Hospital Criteria

    Expertise in the management of individuals with HIV infection is 
essential for this research. A transplant hospital participating in 
HIV-positive to HIV-positive transplantation must include experts in 
the field of transplantation as well as experts in the management of 
HIV infection working collaboratively as a part of a study team.

3.1 Specific Transplant Hospital Criteria

    i. An established program for the care of individuals infected with 
HIV.
    ii. In order for a transplant hospital to initiate HIV-positive to 
HIV-positive transplantation, there must be a study team consisting of 
(at a minimum) a transplant surgeon, a transplant physician, and an HIV 
physician. The transplant physician and HIV physician collectively must 
have experience with at least 5 HIV-negative to HIV-positive 
transplants with the designated organ(s) over the last 4 years. This 
constitutes the minimal experience necessary, and the IRB must evaluate 
key personnel (i.e., transplant surgeon, transplant physician, and HIV 
physician) in the context of total expertise and experience with 
respect to HIV and/or organ transplantation (confirm and document HIV-
negative to HIV-positive transplant experience of the team).
    iii. Defined SOPs and training for the hospital personnel involved 
in procurement and/or implantation regarding the following issues:
a. Donor evaluation
b. Organ recovery
c. Handling, processing, packaging, shipping, and transporting of 
blood, lymph nodes, tissues, and organs to and/or within the transplant 
hospital
d. Transplant procedure

    iv. Transplant hospitals with an IRB-approved research protocol in 
HIV-positive to HIV-positive transplantation

[[Page 73793]]

must inform the OPTN of additional organ-specific acceptance criteria 
for organs from HIV-positive donors.
    v. Transplant hospitals with an IRB-approved research protocol in 
HIV-positive to HIV-positive transplantation with HIV-positive 
candidates on the wait list willing to accept an HIV-positive organ 
must specify any additional acceptance criteria to the OPO.
    vi. The transplant hospital must verify the HIV status of both the 
donor and the recipient.
    vii. Defined SOPs and training regarding an institutional biohazard 
plan, which outlines the measures taken to prevent and manage 
inadvertent exposure and/or transmission of HIV.
    viii. Defined policies and SOPs for governing the necessary 
knowledge, experience, skills, and training for independent advocates.

3.2 Independent Advocates

    A transplant program conducting research in HIV-positive to HIV-
positive transplantation under these research criteria must provide 
each HIV-positive living donor and recipient with an independent 
advocate.
    In the setting of a living donor transplant, there must be two 
independent advocates, one for the donor and another for the recipient. 
Each advocate must be independent of the research team and must have 
knowledge and experience with both HIV infection and organ 
transplantation.
    At a minimum, transplant hospitals conducting research in HIV-
positive to HIV-positive transplantation shall develop policies and 
procedures addressing the role, knowledge, and experience of 
independent advocates in the setting of HIV infection, transplantation, 
medical ethics, informed consent, and the potential impact of external 
pressure on the HIV-positive recipient's decision, and HIV-positive 
living donor's decision (if applicable) about whether to enter the HIV-
positive to HIV-positive transplant research study.
3.2.1 Independent HIV-Positive Recipient Advocate
    Transplant programs performing HIV-positive to HIV-positive 
transplants must designate and provide each HIV-positive recipient and 
prospective HIV-positive recipient with an independent advocate who is 
responsible for protecting and promoting the rights and interests of 
the HIV-positive recipient (or prospective recipient). The independent 
advocate for the HIV-positive recipient must:
    i. Promote and protect the interests of the HIV-positive recipient 
(including with respect to having access to a suitable HIV-negative 
organ if it becomes available) and take steps to ensure that the HIV-
positive recipient's decision is informed and free from coercion.
    ii. Review whether the potential HIV-positive recipient has 
received information regarding the results of SOT in general and 
transplantation in HIV-positive recipients in particular and the 
unknown risks associated with HIV-positive to HIV-positive transplant.
    iii. Demonstrate knowledge of HIV infection and transplantation.
3.2.2 Independent HIV-Positive Living Donor Advocate
    Transplant programs performing HIV-positive donor transplantations 
must designate and provide each living HIV-positive donor and living 
prospective HIV-positive donor with an independent advocate who is 
responsible for promoting and protecting the rights and interests of 
the HIV-positive donor (or prospective donor). More specifically, the 
independent advocate for the HIV-positive living donor must:
    i. Promote and protect the interests of the HIV-positive donor 
(including with respect to having ample opportunity to withdraw consent 
from donation) and take steps to ensure that the HIV-positive donor's 
decision is informed and free from external pressure.
    ii. Review whether the potential HIV-positive donor has received 
information regarding (a) risks of organ donation in general, as well 
as the additional potential risks that are the specific to the HIV-
positive donor, including accelerated organ failure, and limitations of 
future use of specific antiretroviral agents; and (b) the unknown 
outcome of HIV-positive to HIV-positive organ transplantation.
    iii. Demonstrate knowledge of HIV infection and transplantation.

4 OPO Responsibilities

    Clinical research in HIV-positive to HIV-positive organ 
transplantation requires a partnership between OPOs and transplant 
programs. OPOs participating in the evaluation and allocation of HIV-
positive organs to centers conducting research in HIV-positive to HIV-
positive transplantation must adhere to the following criteria:
    i. Develop SOPs and staff training procedures to effectively work 
with the family and other sources of medical history for HIV-positive 
donors in assessing medical and behavioral risks; HIV clinic and 
pharmacy medical record abstraction; obtaining research consent from 
next of kin of HIV-positive donors; performing physical examination of 
HIV-positive donors; collecting blood, tissue, and other biospecimens 
(e.g., urine, bronchoalveolar lavage, spleen, lymph nodes, and biopsy 
material); and handling, processing, storing, labeling, and shipping of 
the biospecimens.
    ii. Conduct training in obtaining relevant and pertinent HIV-
positive history, duration of HIV infection, opportunistic illnesses 
and their therapy, risk factors for HIV, CD4+ T-cell counts (lows and 
highs), HIV resistance, ART medication history use and response, 
history of ART resistance, present ART, HIV viral loads, and HIV 
genotype and tropism, when known.
    iii. Develop a biohazard plan to prevent and manage exposure to or 
transmission of HIV.
    These criteria are in addition to, not in place of, current Organ 
Procurement and Transplantation Network (OPTN) policies and bylaws, 
state or local laws, and federal regulations governing organ 
transplantation and research that pertains to OPOs.

5 Prevention of Inadvertent Transmission of HIV

    Although the use of HIV-positive organs may help alleviate 
transplant shortages and reduce patient waiting list times, there also 
are patient safety concerns to consider. Prevention or management of 
inadvertent transmission of HIV or exposure of an HIV-negative 
recipient to organs or tissues from an HIV-positive donor due to 
identification error is paramount (Ison, 2009, 2011a, 2011b). The 
transplant community, with regulatory oversight at multiple levels, has 
been able to achieve a high level of safety through routine procedures 
and clinical practice. The precautions taken with ABO compatible donor-
recipient pairs and HCV-infected donor organs in HCV-infected 
recipients (Morales, 2010; Kucirka, 2010; Mandal, 2000; Tector, 2006) 
are existing models. However, vulnerabilities still exist, and mishaps 
still occur. For instance, the risks of error during manual 
transcription of information are well documented.
    Each transplant hospital shall have an institutional biohazard plan 
for handling of HIV-positive organs--to include, for example, organ 
quarantine measures, electronic information capture on infectious 
disease testing results, communication protocols between OPOs and 
transplant hospitals--that is designed to prevent and/or manage 
inadvertent transmission of or exposure to HIV.

[[Page 73794]]

    Tissues (e.g., cornea, blood vessels, or cartilage) not associated 
with the organ to be transplanted and organs are often recovered from 
organ donors. The FDA regulates human cells, tissues, and cellular and 
tissue-based products (HCT/Ps) that are intended for implantation, 
transplantation, infusion, or transfer into a human recipient under the 
authority of section 361 of the Public Health Service Act and the 
implementing regulations in 21 CFR part 1271. Under 21 CFR part 1271, 
persons with risk factors for, or clinical evidence of, relevant 
communicable diseases, or whose test results are positive or reactive 
for relevant communicable diseases (including HIV) are ineligible to 
donate HCT/Ps. Procedures must be in place to ensure that HCT/Ps are 
not recovered from HIV-positive donors for implantation, 
transplantation, infusion, or transfer into a human recipient; however, 
HCT/Ps from a donor who has been determined to be ineligible may be 
made available for nonclinical purposes.

6 Study Design/Required Outcome Measures

    There is a wide range of clinical and immunologic questions that 
might be addressed in the context of research in HIV-positive to HIV-
positive transplantation. These include, for example, questions related 
to HIV superinfection; incidence and severity of OIs (including 
transmission of occult OIs from donor to recipient); immunologic 
mechanisms contributing to the increased rate of kidney rejection 
observed in HIV-positive recipients; quality of life for recipients of 
HIV-positive to HIV-positive transplantation; outcomes of living HIV-
positive donors; and a host of others. The questions will be determined 
by the investigators who design research protocols for studying HIV-
positive to HIV-positive transplantation. However, to ensure that all 
studies of HIV-positive to HIV-positive transplantation can contribute 
to evaluation of the safety of the procedure, the following key donor 
and recipient characteristics and outcome measures must be incorporated 
into the design of all clinical trials of HIV-positive to HIV-positive 
transplantation.

6.1 Wait List Candidates

 HIV status
 CD4+ T-cell count
 Co-infection (HCV, HBV)
 HIV viral load
 ART resistance
 Removal from wait list (death or other reason)
 Time on wait list

6.2 Donors (all)

 Type (living or deceased)
 HIV status (HIV-positive new diagnosis, HIV-positive known 
diagnosis)
 CD4+ T-cell count
 Co-infection (HCV, HBV)
 HIV viral load
 ART resistance
 Pre-transplant donor allograft biopsy

6.3 Living Donors (6, 12, and 24 Months Following Organ Donation)

 Progression to renal insufficiency in kidney donors:
    [cir] Proteinuria defined as urinary protein excretion >150 mg/day 
or urine protein/creatinine ratio >0.2
    [cir] eGFR <60 mL/minute/1.73m\2\
 Progression to hepatic insufficiency in liver donors (INR >1.5 
and/or total bilirubin >2.0)
 Change in ART regimen as a result of decreased organ function
 Progression to AIDS
 Failure to suppress viral replication (persistent viremia)
 Death

6.4 Transplant Recipients

 Rejection rate (annual up to 5 years)
 Progression to AIDS
 New OIs
 Failure to suppress viral replication (persistent viremia)
 HIV-associated organ failure
 Malignancy
 Graft failure
 Mismatched ART resistance versus donor
 Death

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transplantation in HIV

[[Page 73795]]

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868.

    Dated: November 20, 2015.
Francis S. Collins,
Director, National Institutes of Health.
[FR Doc. 2015-30172 Filed 11-24-15; 8:45 am]
BILLING CODE 4140-01-P



                                                                      Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                             73785

                                              DEPARTMENT OF HEALTH AND                                Organizations (OPOs), the Organ                       delegated to the NIH to enable
                                              HUMAN SERVICES                                          Procurement and Transplantation                       implementation of the HOPE Act (i.e., to
                                                                                                      Network (OPTN), United Network of                     develop safeguards and research
                                              National Institutes of Health                           Organ Sharing (UNOS), HIV and                         criteria).
                                                                                                      transplantation professional societies,
                                              Final Human Immunodeficiency Virus                                                                            Living Donors
                                                                                                      and a municipal agency. Overall, these
                                              (HIV) Organ Policy Equity (HOPE) Act                    comments were supportive of the HOPE                     Several commenters stated that HIV-
                                              Safeguards and Research Criteria for                    Act and the Draft Safeguards and                      infected living donors may be at long-
                                              Transplantation of Organs Infected                      Research Criteria. Many commenters                    term risk for renal and/or liver disease
                                              With HIV                                                made useful suggestions that provided                 and therefore their centers would not
                                                                                                      clarity and were incorporated into the                use HIV-infected living donors. Another
                                              AGENCY:    National Institutes of Health,
                                                                                                      Final Safeguards and Research Criteria.               commenter felt it was premature to
                                              HHS.
                                                                                                      While the comments will not be                        embark on living HIV-positive donors
                                              ACTION:   Notice.                                                                                             without prior experience with deceased
                                                                                                      addressed individually in this response
                                              SUMMARY:     The U.S. Department of                     document, questions, comments, and                    HIV-positive donors and recommended
                                              Health and Human Services (HHS),                        suggestions about specific aspects of the             a staged approach. The Hope Act (2013)
                                              through the National Institutes of Health               Draft Safeguards and Research Criteria                does not include any language
                                              (NIH), announces the publication of                     are addressed by topic below.                         addressing the use of living HIV-
                                              Final Safeguards and Research Criteria                                                                        infected donors.
                                                                                                      HOPE Act: Scope                                          The long-term risks of living organ
                                              for transplantation of HIV-positive
                                                                                                         The HOPE Act permits HIV-positive                  donation to the donor might be greater
                                              donor organs in HIV-positive recipients.
                                                                                                      to HIV-positive organ transplantation                 for those infected with HIV than for
                                              All such transplants must occur under
                                                                                                      under IRB-approved research protocols                 those who are not. At the same time, the
                                              an institutional review board (IRB)-
                                                                                                      conforming to the Final Human                         desire to donate an organ, (e.g., to save
                                              approved research protocol that is
                                                                                                      Immunodeficiency Virus (HIV) Organ                    or prolong a life) is strong, and
                                              compliant with federal regulations
                                                                                                      Policy Equity (HOPE) Act Safeguards                   evaluation of the risks and benefits of
                                              governing human subjects’ research.
                                                                                                      and Research Criteria for                             such a decision is personal and unique
                                              The goal of this research is to increase                                                                      to a given donor/recipient pair.
                                                                                                      Transplantation of Organs Infected with
                                              knowledge about the safety, efficacy,                                                                         Evidence for the safety of organ
                                                                                                      HIV, which were developed as directed
                                              and effectiveness of solid organ                                                                              donation by an HIV-infected individual
                                                                                                      in the HOPE Act. Patients receiving
                                              transplantation (SOT) utilizing HIV-                                                                          will only be generated by clinical
                                                                                                      HIV-positive kidneys from deceased
                                              positive donors in HIV-positive                                                                               research. HHS has included living
                                                                                                      HIV-positive donors in South Africa
                                              recipients.                                                                                                   donors in these Safeguards and
                                                                                                      (Muller, 2015) had survival rates of 84
                                                 A summary of public comments on
                                                                                                      percent and 74 percent at 1 and 5 years,              Research Criteria so that, if investigators
                                              the previously published Draft
                                                                                                      respectively; however, there is presently             choose to pursue this line of research,
                                              Safeguards and Research Criteria and
                                                                                                      no evidence for the safety, efficacy, and             that research can be conducted with
                                              HHS’ responses follow, as well as the
                                                                                                      effectiveness of HIV-positive to HIV-                 appropriate informed consent,
                                              Final Safeguards and Research Criteria.
                                                                                                      positive transplantation in North                     safeguards, and rigor.
                                              FOR FURTHER INFORMATION CONTACT: Dr.                    America. The Final Safeguards and                        The decision to participate in HIV-
                                              Jonah Odim, phone 240–627–3540,                         Research Criteria are meant to support                positive to HIV-positive clinical
                                              Email: HOPEAct@mail.nih.gov, Fax:                       the acquisition of new clinical                       research is made freely, based on
                                              301–451–5671, 5601 Fishers Lane,                        knowledge and mechanistic insights                    informed consent in the absence of
                                              Room 6B21, MSC 9827, Bethesda, MD                       about HIV-positive to HIV-positive                    coercion. The health care team must
                                              20892–9827.                                             organ transplantation in the United                   provide a rigorous, transparent
                                              SUPPLEMENTARY INFORMATION: HHS                          States. The results of this research will             education and informed consent process
                                              initially published the Draft Human                     be evaluated by the Secretary of HHS                  that describes alternatives, risks,
                                              Immunodeficiency Virus (HIV) Organ                      and the OPTN to determine whether                     potential benefits, unknowns, and the
                                              Policy Equity (HOPE) Act Safeguards                     and how the OPTN standards for organ                  need for long-term follow-up. These
                                              and Research Criteria for                               transplantation shall be revised to                   discussions must address how research-
                                              Transplantation of Organs Infected with                 address HIV-positive organ donors.                    related injuries are managed and paid
                                              HIV, subsequently referred to as the                       One commenter raised concerns about                for, and must specifically include the
                                              ‘‘Draft Safeguards and Research                         the negative impact of adverse outcomes               present uncertainties about the
                                              Criteria,’’ in the Federal Register on                  at transplant centers conducting                      outcomes for both HIV-positive living
                                              June 18, 2015, for a 60-day public                      research in HIV-positive to HIV-positive              donors and the recipients of HIV-
                                              comment period ending August 17,                        transplants on transplant program-                    positive organs. Participation of
                                              2015. In the months leading up to the                   specific reports. This commenter                      knowledgeable, independent advocates
                                              draft publication, HHS presented the                    proposed ‘‘that transplants performed                 for both the HIV-positive recipient and
                                              research criteria at national meetings of               with HIV-positive donor to HIV-positive               the HIV-positive donor is required by
                                              transplantation and HIV medicine                        recipients are not included in the center             these Safeguards and Research Criteria.
                                              professionals and received their input.                 specific reports. The risk of
                                              Several teleconferences were hosted                     transplanting these patients is                       Independent Advocates
                                              with transplantation community                          unknown, and there is no risk                            Some commenters strongly supported
tkelley on DSK3SPTVN1PROD with NOTICES




                                              stakeholders from the private, nonprofit,               adjustment for it on the center specific              the requirement for independent
                                              and government sectors.                                 reports. There will potentially be a                  advocates for both HIV-positive
                                                 HHS received comments from a total                   strong disincentive for centers to do                 recipients and prospective HIV-positive
                                              of 13 individuals/entities on the Draft                 these patients leading to fewer patients              living donors. Others viewed this as
                                              Safeguards and Research Criteria.                       receiving life-saving organ transplants.’’            unnecessary given the expertise of the
                                              Comments were submitted by transplant                   Clearly this is an important issue but                principal investigator and study team
                                              centers, Organ Procurement                              one that is beyond the authorities                    and current OPTN standards. With


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                                              73786                            Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                              respect to informed consent, the role of                            positive to HIV-positive transplants in               for performance of a pre-implantation
                                              the independent advocate complements                                South Africa, excellent outcomes were                 ‘‘back-table’’ biopsy for post-
                                              that of the investigator and does not                               observed in recipients of kidneys from                transplantation patient management and
                                              replace it. The investigator is assumed                             donors with CD4+ T-cell counts well                   future scientific and mechanistic
                                              to have the expertise necessary to                                  below 200. These commenters urged                     studies. Although there are no further
                                              discuss risks, benefits, expectations, and                          flexibility and the elimination of this               specimen requirements, we strongly
                                              alternatives. The advocate is an                                    minimum immunologic criterion. In                     encourage the inclusion of serial
                                              additional knowledgeable person who is                              response to these comments, Section 1                 biospecimens (e.g., allograft tissue,
                                              neither a member of the research team                               of the Final Safeguards and Research                  urine, serum, and cells) in the
                                              nor the patient’s health care provider,                             Criteria was revised to indicate that,                individual research protocols. These
                                              whose role is to provide information,                               although collection of CD4+ T cell                    specimens will be a valuable resource to
                                              answer questions, and provide                                       counts and percentages during the                     the community in studies relating to
                                              assurance of equal access to health care                            donor evaluation is required, no                      superinfection risks, for example.
                                              regardless of the patient’s decisions                               minimum criterion is imposed for organ                Failure to collect such specimens,
                                              regarding research participation. For                               acceptance. Some commenters preferred                 particularly in organ donors, would be
                                              example, the advocate can assure that                               excluding any donors with detectable                  a regrettable lost opportunity.
                                              the transplant candidate is aware that he                           plasma viral load due to the risk of
                                                                                                                                                                        Required Outcomes
                                              or she has the right to be offered and to                           transmitted drug resistance.
                                              accept an HIV-negative deceased donor                               Unfortunately, it will not be possible in                Several commenters expressed
                                              organ should one become available, and                              all cases to mitigate the risk of                     concerns about data collection, quality,
                                              can assure the prospective living donor                             transmitting viral resistance by setting              and reporting. The HOPE Act requires
                                              of confidentiality and support should he                            viral load limits and/or assessing                    the Secretary of HHS to review the
                                              or she determine that donation is not in                            antiretroviral resistance profiles in the             results of research conducted under the
                                              his or her own best interest.                                       time available for donor evaluation. It is            Act. One purpose of the criteria
                                                                                                                  expected that in many cases, potential                presented in the Final Safeguards and
                                              Transplant Hospital Experience                                                                                            Research Criteria is to ensure that all
                                                                                                                  donors will have adequate medical
                                                 Several commenters from academic                                 history available to inform the                       investigators conducting research in
                                              institutions, professional societies, and                           transplantation team’s assessment and                 HIV-positive to HIV-positive
                                              the OPTN indicated that the                                         maximally reduce the risk of                          transplantation collect similar data
                                              requirements for physicians’ and                                    transmitting resistant virus. For these               elements. This standardization will
                                              surgeons’ prior experience in HIV-                                  reasons, the Final Safeguards and                     facilitate the subsequent review
                                              negative to HIV-positive organ                                      Research Criteria do not stipulate a limit            mandated in the HOPE Act.
                                              transplant were excessive and would                                 on the allowable viral load in a donor.               Conclusion Regarding Comments
                                              result in few centers being able to                                 The transplant team should only                       Received
                                              participate in the research allowed                                 transplant the organ if the team is
                                              under the HOPE Act. In response to the                              confident they can define a post-                       HHS appreciates the time and effort
                                              wide consensus on this issue, we have                               transplant antiretroviral regimen that                taken by commenters to respond to the
                                              accepted the specific suggestion of the                             will be safe, tolerable, and effective.               Request for Comments. The comments
                                              American Society of Transplant                                      Concerns about transmitted drug                       represented the deliberative efforts of
                                              Surgeons (ASTS). Section 3 of the Final                             resistance must be included in the                    truly dedicated individuals and
                                              Safeguards and Research Criteria                                    recipient informed consent process for                organizations in transplantation and
                                              describe collective team experience,                                the research study. In addition, at the               HIV medicine. All the responses were
                                              rather than individual experience.                                  time of an organ offer, the recipient                 helpful in revising the draft Human
                                                                                                                  informed consent must address the                     Immunodeficiency Virus (HIV) Organ
                                              Immunologic Criteria (CD4+ T-Cell                                                                                         Policy Equity (HOPE) Act Safeguards
                                              Counts, HIV Viral Load)                                             transplant team’s assessment of risk
                                                                                                                  specific to the characteristics of the                and Research Criteria for
                                                 Several commenters expressed                                     offered organ.                                        Transplantation of Organs Infected with
                                              concerns about the usefulness and                                                                                         HIV.
                                              relevance of requiring a minimum CD4+                               Biospecimens                                            The Final Safeguards and Research
                                              T-cell count/percentage in the donor.                                 Several commenters emphasized the                   Criteria for transplantation of HIV-
                                              They argued that the CD4+ T                                         importance of a pre-transplant donor                  positive (HIV+) donor organs in HIV-
                                              lymphocyte count will not predict                                   organ biopsy. The final updated                       positive (HIV+) recipients are as
                                              allograft function, and that, among HIV-                            research criteria include a requirement               follows:

                                                                                                                                    ABBREVIATIONS
                                              AIDS ................................................     Acquired Immunodeficiency Syndrome.
                                              APOL1 .............................................       Apolipoprotein 1.
                                              ART .................................................     Antiretroviral Therapy.
                                              CD4 .................................................     Cluster of Differentiation 4.
                                              CMS ................................................      Centers for Medicare & Medicaid Services.
                                              CNS .................................................     Central Nervous System.
                                              dL ....................................................   Deciliter.
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                                              FDA .................................................     U.S. Food and Drug Administration.
                                              FIPSE ..............................................      Spanish Foundation for AIDS Research.
                                              GESIDA ...........................................        Spanish AIDS Study Group.
                                              HAART ............................................        Highly Active Antiretroviral Therapy.
                                              HBV .................................................     Hepatitis B Virus.
                                              HCT/Ps ............................................       Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps).
                                              HCV .................................................     Hepatitis C Virus.



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                                                                               Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                                    73787

                                                                                                                          ABBREVIATIONS—Continued
                                              HIV ..................................................    Human Immunodeficiency Virus.
                                              HOPE Act ........................................         HIV Organ Policy Equity Act.
                                              INR ..................................................    International Normalized Ratio.
                                              IRB ..................................................    Institutional Review Board.
                                              mL ...................................................    Milliliter.
                                              NIH ..................................................    National Institutes of Health.
                                              NNRTI .............................................       Non-Nucleoside (or Non-Nucleotide) Reverse Transcriptase Inhibitor.
                                              NRTI ................................................     Nucleoside (or Nucleotide) Reverse Transcriptase Inhibitor.
                                              OI ....................................................   Opportunistic Infection.
                                              OPO ................................................      Organ Procurement Organization.
                                              OPTN ..............................................       Organ Procurement and Transplantation Network.
                                              PCR .................................................     Polymerase Chain Reaction.
                                              PML .................................................     Progressive Multifocal Leukoencephalopathy.
                                              RNA .................................................     Ribonucleic Acid.
                                              SOPs ...............................................      Standard Operating Procedures.
                                              SOT .................................................     Solid Organ Transplantation.
                                              SRTR ..............................................       Scientific Registry of Transplant Recipients.
                                              UNOS ..............................................       United Network for Organ Sharing.
                                              μL ....................................................   Microliter.


                                                                                                                                    DEFINITIONS
                                              ABO compatible ..............................             People who have one blood type (A, B, AB, or O) form proteins (antibodies) that cause their immune sys-
                                                                                                          tem to react against other blood types. This is important when a patient needs to receive blood (trans-
                                                                                                          fusion) or have an organ transplant. The blood types must be matched to avoid an ABO incompatibility
                                                                                                          reaction. ABO compatible is when the blood types are matched.
                                              Antiretroviral therapy (ART) resist-                      When an HIV strain develops drug resistance and/or genetic mutations associated with drug resistance.
                                                ance.
                                              Types/classes       of    HIV/AIDS                        (1) Entry inhibitors.
                                                antiretroviral drugs (current at                        (2) Fusion inhibitors.
                                                publication).                                           (3) Nucleoside reverse transcriptase inhibitors (NRTIs).
                                                                                                        (4) Non-nucleoside reverse transcriptase inhibitors (NNRTIs).
                                                                                                        (5) Integrase inhibitors.
                                                                                                        (6) Protease inhibitors.
                                                                                                        (7) Multi-class combination products.
                                              HIV strain ........................................       Distinct genetic variants of the HIV retrovirus, conferring characteristics such as susceptibility or resistance
                                                                                                           to ART medications.
                                              HIV-negative ...................................          Not testing positive for HIV by serology and/or nucleic acid testing using FDA-licensed, approved or
                                                                                                           cleared test devices.
                                              HIV-positive .....................................        HIV-infected by serology and/or nucleic acid testing using FDA-licensed, approved, or cleared test devices.
                                              HIV undetectable viral load .............                 (The conventional definition at the time of the publication of this research criteria document, based on cur-
                                                                                                           rent clinical technology/practice): HIV ribonucleic acid (RNA) below 50 copies with current technology.
                                              Opportunistic infection ....................              Infections that are more frequent or more severe because of immunosuppression in HIV-infected persons
                                                                                                           (Kaplan, 1995a, 1995b; Panel on Opportunistic Infections in HIV-Infected Adults and Adolescents, 2015).
                                              Suppressed viral load .....................               HIV RNA below 50 copies with current technology at time of publication of this research criteria document.
                                              Viral detection threshold .................               HIV RNA below 50 copies with current technology at time of publication of this research criteria document.



                                              Executive Summary                                                    included in the chart below, and the                  human subjects’ research. The goals of
                                                                                                                   criteria are set forth in six broad                   these criteria are, first, to ensure that
                                                 The HOPE Act requires the HHS                                     categories (Donor Eligibility, Recipient              research using organs from HIV-positive
                                              Secretary (the Secretary) to develop and                             Eligibility, Transplant Hospital Criteria,            donors is conducted under conditions
                                              publish criteria for research involving                              Organ Procurement Organization (OPO)                  protecting the safety of research
                                              transplantation of human                                             Responsibilities, Prevention of                       participants and the general public; and
                                              immunodeficiency virus-infected donor                                Inadvertent Transmission of HIV, and                  second, to ensure that the results of this
                                              organs in HIV-positive recipients. A                                 Study Design/Required Outcome                         research provide a basis for evaluating
                                              summary of the criteria for conducting                               Measures). These criteria are in addition             the safety of solid organ transplantation
                                              clinical research in HIV-positive to HIV-                            to current policies and regulations                   (SOT) from HIV-positive donors to HIV-
                                              positive organ transplantation is                                    governing organ transplantation and                   positive recipients.

                                                                  Category                                                                                    Criteria

                                              Donor Eligibility:
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                                                 All HIV-positive deceased do-                          No evidence of invasive opportunistic complications of HIV infection.
                                                    nors.
                                                                                                        Pre-implant donor organ biopsy.
                                                                                                        Viral load: no requirement.




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                                              73788                        Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                                               Category                                                                                 Criteria

                                                   Deceased donor with known                     The study team must describe the anticipated post-transplant antiretroviral regimen(s) to be prescribed for
                                                     history of HIV infection and                  the recipient and justify its conclusion that the regimen will be safe, tolerable, and effective.
                                                     prior antiretroviral therapy
                                                     (ART).
                                                   HIV-positive living donor ..........          Well-controlled HIV infection defined as:
                                                                                                 • CD4+ T-cell count ≥500/μL for the 6-month period before donation.
                                                                                                 • HIV–1 RNA <50 copies/mL.
                                                                                                 • No evidence of invasive opportunistic complications of HIV infection.
                                                                                                 Pre-implant donor organ biopsy.
                                              Recipient Eligibility ..........................   CD4+ T-cell count ≥200/μL (kidney).
                                                                                                 CD4+ T-cell count ≥100 μL (liver) within 16 weeks prior to transplant and no history of opportunistic infec-
                                                                                                   tion (OI); or ≥200 μL if history of OI is present.
                                                                                                 HIV–1 RNA <50 copies/mL and on a stable antiretroviral regimen.
                                                                                                 No evidence of active opportunistic complications of HIV infection.
                                                                                                 No history of primary central nervous system (CNS) lymphoma or progressive multifocal leukoenceph-
                                                                                                   alopathy (PML).
                                              Transplant Hospital Criteria ............          Transplant hospital with established program for care of HIV-positive subjects.
                                                                                                 HIV program expertise on the transplant team.
                                                                                                 Experience with HIV-negative to HIV-positive organ transplantation.
                                                                                                 Standard operating procedures (SOPs) and training for the organ procurement, implanting/operative, and
                                                                                                   postoperative care teams for handling HIV-infected subjects, organs, and tissues.
                                                                                                 Institutional review board (IRB)-approved research protocol in HIV-positive to HIV-positive transplantation.
                                                                                                 Institutional biohazard plan outlining measures to prevent and manage inadvertent exposure to and/or
                                                                                                   transmission of HIV.
                                                                                                 Provide each living HIV-positive donor and HIV-positive recipient with an ‘‘independent advocate’’.
                                                                                                 Policies and SOPs governing the necessary knowledge, experience, skills, and training for independent
                                                                                                   advocates.
                                              OPO Responsibilities ......................        SOPs and staff training procedures for working with deceased HIV-positive donors and their families in
                                                                                                   pertinent history taking; medical chart abstraction; the consent process; and handling blood, tissues, or-
                                                                                                   gans, and biospecimens.
                                                                                                 Biohazard plan to prevent and manage HIV exposure and/or transmission.
                                              Prevention of Inadvertent Trans-                   Each participating Transplant Program and OPO shall develop an institutional biohazard plan for handling
                                                mission of HIV.                                    organs from HIV-positive donors that is designed to prevent and/or manage inadvertent transmission or
                                                                                                   exposure to HIV.
                                                                                                 Procedures must be in place to ensure that human cells, tissues, and cellular and tissue-based products
                                                                                                   (HCT/Ps) are not recovered from HIV-positive donors for implantation, transplantation, infusion, or trans-
                                                                                                   fer into a human recipient; however, HCT/Ps from a donor determined to be ineligible may be made
                                                                                                   available for nonclinical purposes.
                                              Required Outcome Measures:
                                                 Wait List Candidates ................           HIV status.
                                                                                                 CD4+ T-cell counts.
                                                                                                 Co-infection (hepatitis C virus [HCV], hepatitis B virus [HBV]).
                                                                                                 HIV viral load.
                                                                                                 ART resistance.
                                                                                                 Removal from wait list (death or other reason).
                                                                                                 Time on wait list.
                                                   Donors (all) ..............................   Type (Living or deceased).
                                                                                                 HIV status (HIV-infected [HIV-positive] new diagnosis, HIV-positive known diagnosis).
                                                                                                 CD4+ T-cell count.
                                                                                                 Co-infection (HCV, HBV).
                                                                                                 HIV viral load.
                                                                                                 ART resistance.
                                                   Living Donors ...........................     Progression to renal insufficiency in kidney donors.
                                                                                                 Progression to hepatic insufficiency in liver donors.
                                                                                                 Change in ART regimen as a result of organ dysfunction.
                                                                                                 Progression to acquired immunodeficiency syndrome (AIDS).
                                                                                                 Failure to suppress viral replication (persistent HIV viremia).
                                                                                                 Death.
                                                   Transplant Recipients ..............          Rejection rate (annual up to 5 years).
                                                                                                 Progression to AIDS.
                                                                                                 New OI.
                                                                                                 Failure to suppress viral replication (persistent HIV viremia).
                                                                                                 HIV-associated organ failure.
                                                                                                 Malignancy.
                                                                                                 Graft failure.
                                                                                                 Mismatched ART resistance versus donor.
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                                                                                                 Death.



                                                The HOPE Act research criteria focus                        with HIV-negative to HIV-positive                      to HIV-positive transplantation of other
                                              on liver and kidney transplantation,                          transplantation. The intent is not to                  organs; however, transplant organ-
                                              where there is substantial experience                         exclude the possibility of HIV-positive                specific teams must gain experience



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                                                                      Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                             73789

                                              with HIV-negative to HIV-positive                       Additional input from representatives of              drug interactions and toxicities when
                                              transplantation before embarking on the                 other federal agencies, including the                 combining complex medical regimens,
                                              more complex and less well-defined                      Health Resources and Services                         management of combined morbidities of
                                              issues with HIV-positive to HIV-positive                Administration, Centers for Medicare &                two or more active diseases, and the
                                              transplantation. The minimum                            Medicaid Services (CMS), and the Food                 need for ongoing collaboration among
                                              combined experience required of the                     and Drug Administration (FDA), was                    medical professionals from different
                                              transplant physician and HIV physician                  solicited. In addition, perspectives and              specialties) (Frassetto, 2007, 2014;
                                              on the team is five organ-specific cases                input were solicited from community                   Locke, 2014). Despite the complexities,
                                              over 4 years.                                           stakeholders.                                         this study and others (Ragni, 1999;
                                                 The HOPE Act requires the Secretary                                                                        Frassetto, 2009; Huprikar, 2009; Stock,
                                              and the Organ Procurement and                           Introduction
                                                                                                                                                            2010; Touzot, 2010; Cooper, 2011;
                                              Transplantation Network (OPTN) to                          The advent of effective antiretroviral             Duclos-Vallee, 2011; Reeves-Daniel,
                                              review the results of the scientific                    therapy (ART) in the mid-1990s for                    2011; Fox, 2012; Terrault, 2012; Grossi,
                                              research conducted under these criteria                 treatment of individuals infected with                2012; Gomez, 2013; Harbell, 2013)
                                              to determine whether the results                        HIV transformed a rapidly fatal disease               demonstrate that kidney and liver
                                              warrant further revisions to the OPTN’s                 into a well-controlled chronic illness.               transplantation are appropriate in HIV-
                                              standards of quality. Under the HOPE                    Currently, the life expectancy of                     positive individuals with liver or kidney
                                              Act, the Secretary may in the future                    individuals infected with HIV and                     failure, although gaps in knowledge and
                                              determine that participation in research                receiving ART early in the course of                  many research questions remain. There
                                              under such criteria is no longer required               their disease approaches that of                      is much less experience with heart
                                              for HIV-positive to HIV-positive                        individuals without HIV infection                     (Calabrese, 2003; Bisleri, 2003; Pelletier,
                                              transplants.                                            (Wada, 2013, 2014). In this era of greater            2004; Uriel, 2009, 2014; Castel, 2011a,
                                                                                                      longevity, liver failure, end-stage renal             2011b; Durante-Mangoni, 2011 and
                                              Background                                              disease, and cardiovascular disease have              2014) and lung (Mehta, 2000; Humbert,
                                                 Public Law 113–51, The HOPE Act,                     emerged as important causes of                        2006; Petrosillo, 2006; Bertani, 2009;
                                              requires the HHS Secretary (the                         morbidity and mortality in patients with              Kern, 2014a, 2014b) transplantation in
                                              Secretary) to, among other things,                      HIV infection (Neuhaus, 2010).                        HIV-positive recipients, or mechanical
                                              ‘‘develop and publish criteria for                         Organ transplantation prolongs
                                                                                                                                                            circulatory assistance (Brucato, 2004;
                                              conduct of research relating to                         survival and improves quality of life for
                                                                                                                                                            Fieno, 2009; Mehmood, 2009; Sims,
                                              transplantation of organs from donors                   individuals with end-stage organ
                                                                                                                                                            2011) as a bridge to transplantation,
                                              infected with human immunodeficiency                    disease (Matas, 2014; Kim, 2014). Until
                                                                                                                                                            although case reports and small case
                                              virus (HIV) into individuals who are                    recently, however, organ transplantation
                                                                                                      was unavailable to those infected with                series suggest acceptable short-term
                                              infected with HIV before receiving such
                                                                                                      HIV due to concerns that pharmacologic                outcomes are possible.
                                              organs.’’ (See Public Health Service Act
                                              section 377E(a) [codified at 42 U.S.C.                  immunosuppression to prevent organ                       Prior to the passage of the HOPE Act,
                                              274f–5]). In addition, pursuant to                      rejection would hasten the progression                U.S. law required that all U.S.
                                              section 377E(c) of the HOPE Act, the                    from HIV infection to AIDS, concerns                  transplants for HIV-positive recipients
                                              Secretary is required, in conjunction                   about disease transmission, and                       utilize organs from HIV-uninfected
                                              with the OPTN, to review the results of                 reluctance to allocate organs to a                    donors. (See 42 U.S.C. 273(b)(3)(C),
                                              that research to determine whether                      population whose outcome was                          274(b) and 18 U.S.C. 1122, all prior to
                                              revisions should be made to the                         unpredictable (Blumberg, 2009, 2013a,                 amendment by the HOPE Act). The
                                              standards of quality adopted under                      2013b; Mgbako, 2013; Taege, 2013).                    potential for increasing the pool of
                                              section 372(b)(2)(E) of the Public Health               Nevertheless, a few transplant programs               available organ donors for all recipients
                                              Service Act (OPTN standards for the                     accepted HIV-positive patients on their               by allowing the use of organs from
                                              acquisition and transportation of                       transplant waiting lists and                          donors infected with HIV for
                                              donated organs) and the regulations                     accumulated data showing kidney or                    transplantation into recipients infected
                                              governing the operation of the OPTN (42                 liver transplantation could be done                   with HIV (hereinafter referred to as
                                              CFR 121.6).                                             safely in these patients (Roland, 2002,               ‘‘HIV-positive to HIV-positive
                                                 The authority vested in the Secretary                2003a, 2003b, 2003c; Blumberg, 2009;                  transplantation’’) is recognized
                                              under section 377E(a) to develop and                    Stock, 2010; Yoon, 2011; Terrault,                    (Boyarsky, 2011, 2015; Mgbako, 2013;
                                              publish research criteria was delegated                 2012). Subsequently, a prospective,                   Mascolini, 2014; Kucirka, 2015;
                                              to the Director, National Institutes of                 multicenter clinical trial of kidney and              Richterman, 2015). It is estimated that
                                              Health (NIH), and these research criteria               liver transplantation in 275 patients                 an additional 500 organ donors per year
                                              are the subject of this document. They                  demonstrated that, among HIV-positive                 might be available if HIV-positive
                                              are meant to ensure first, that research                kidney and liver transplant recipients,               individuals were accepted as organ
                                              using organs from HIV-positive donors                   patient and graft survival rates were                 donors for HIV-positive recipients
                                              is conducted under conditions                           acceptable and within the range of                    (Boyarsky, 2011). The published
                                              protecting the safety of research                       outcomes currently achieved among                     experience with HIV-positive to HIV-
                                              participants and the general public; and                non-infected transplant recipients.                   positive SOT at this time comes from
                                              second, that the results of this research               However, the rate of kidney rejection                 Muller et al from the University of Cape
                                              provide a basis for evaluating the safety               was unexpectedly high, demonstrating                  Town in South Africa. Initially, Muller
                                              of transplantation of organs from HIV-                  that the immune dysregulation resulting               et al (2010) reported 100 percent patient
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                                              positive donors to HIV-positive                         from HIV infection, HCV co-infection,                 and graft survival in a four-patient pilot
                                              recipients.                                             and antirejection drugs is complex and                study. Subsequently, the same group
                                                                                                      incompletely understood. Some of the                  reported an additional 10 HIV-positive
                                              Process                                                 challenges encountered in that study                  to HIV-positive renal transplants
                                                This document was authored by                         remain relevant for clinical sites offering           (Muller, 2012). All patients were
                                              representatives of the NIH and Centers                  organ transplantation to HIV-positive                 restarted on ART early postoperatively
                                              for Disease Control and Prevention.                     individuals today (e.g., management of                in the immunosuppressive setting of T-


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                                              73790                   Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                              cell-depleting induction therapy,                       modified and whether some HIV-                        must occur under an IRB-approved
                                              tacrolimus, mycophenolate mofetil, and                  positive to HIV-positive transplants                  research protocol and shall comply with
                                              prednisone. One to 4 years after                        should proceed outside the auspices of                any other existing laws, policies, and
                                              transplantation, outcomes remained                      research conducted under such criteria.               regulations governing the conduct of
                                              excellent and all patients had                             This document focuses on liver and                 human subjects’ research (see Public
                                              undetectable viral loads (Muller, 2012).                kidney transplantation, as it is only in              Law 113–51 and, e.g., 45 CFR part 46,
                                              The cumulative University of Cape                       liver and kidney transplantation that                 as applicable). In addition, a transplant
                                              Town experience of 27 HIV-positive to                   there is substantial experience with                  program conducting research in HIV-
                                              HIV-positive transplant procedures was                  transplantation from HIV-negative                     positive to HIV-positive transplantation
                                              recently summarized in the New                          donors to HIV-positive recipients                     under these research criteria must
                                              England Journal of Medicine (Muller,                    (Sawinski, 2015; Locke, 2015a, 2015b;                 provide each living donor and recipient
                                              2015). The 1- and 5-year death-censored                 Miro, 2015). The intent is not to exclude             with an independent advocate.
                                              graft survival was 93 and 84 percent,                   the possibility of HIV-positive to HIV-                  Although the criteria set forth in this
                                              respectively, and 1- and 5-year patient                 positive transplantation of other organs              document outline the minimum safety
                                              survival was 83 and 74 percent,                         such as the heart or lung in the future;              requirements for research involving
                                              respectively. Of note, the South African                however, transplant teams must gain                   HIV-positive to HIV-positive
                                              HIV-positive deceased donors were                       experience with HIV-negative to HIV-                  transplantation, it is expected that
                                              ART-naı̈ve, without history of                          positive transplantation of a specific                investigators will develop more specific
                                              opportunistic infection or proteinuria,                 organ before taking on the more                       eligibility criteria based on their
                                              and had normal pre-transplant renal                     complex and less well-defined issues of               individual research questions and
                                              biopsies. While renal function has                      HIV-positive to HIV-positive                          protocols. In addition, it is likely, that
                                              remained normal in the recipients, three                transplantation of that organ. Centers                researchers will wish to collect research
                                              have had routine post-transplant renal                  developing research protocols for HIV-                specimens (blood, urine, tissue) in
                                              biopsies demonstrating new changes                      positive to HIV-positive transplantation              addition to those specified in the
                                              typical of early HIV-associated                         of organs other than kidney or liver                  Research Criteria.
                                              nephropathy that were not present in                    must have a study team with
                                                                                                      demonstrated experience in HIV-                       1   Donor Eligibility
                                              baseline biopsy specimens. The long-
                                              term significance of these findings                     negative to HIV-positive transplants, as                 HIV-positive living donors and HIV-
                                              remains unknown and awaits longer                       noted in Section 3.1(ii), for the organ               positive deceased donors of organs for
                                              follow-up. All patients had undetectable                transplant(s) proposed in the research                transplantation into an HIV-positive
                                              plasma HIV viral loads after                            protocol. Specific criteria for the                   recipient must fulfill applicable clinical
                                              transplantation. Graft rejection rates                  transplantation of organs other than the              criteria in place for HIV-uninfected
                                              were 8 percent at 1 year and 22 percent                 liver and kidney have not been provided               organ donors.
                                              at 3 years.                                             in this document because no evidence                     There is substantial concern about the
                                                                                                      base exists to support such
                                                 This document presents criteria for                                                                        consequences of transplanting an organ
                                                                                                      recommendations. The study team
                                              conducting research in HIV-positive to                                                                        from an HIV-positive donor to a
                                                                                                      developing a research protocol for HIV-
                                              HIV-positive organ transplantation in                                                                         recipient infected with a strain of HIV
                                                                                                      positive to HIV-positive non-renal, non-
                                              the United States. The criteria are                                                                           that differs from the donor’s in terms of
                                                                                                      liver transplantation must develop and
                                              grouped into six broad categories: Donor                                                                      its responsiveness to antiretroviral
                                                                                                      justify specific criteria for review and
                                              Eligibility, Recipient Eligibility,                                                                           therapy (ART). The likelihood and
                                                                                                      approval by their IRB, based on the
                                              Transplant Hospital Criteria, OPO                                                                             impact of HIV superinfection in this
                                                                                                      relevant experiences of the study team
                                              Responsibilities, Prevention of                                                                               context are unknown. Adverse
                                                                                                      and others.
                                              Inadvertent Transmission of HIV, and                       These criteria are in addition to, not             consequences could range from
                                              Study Design/Required Outcome                           in place of, current policies and                     transient loss of viral suppression,
                                              Measures. These research criteria do not                regulations governing organ                           necessitating a change in antiretroviral
                                              describe all of the necessary                           transplantation and human subjects’                   regimen to a worst-case scenario in
                                              components of a research protocol for                   research. Accordingly, to emphasize the               which the new infecting strain of HIV is
                                              HIV-positive to HIV-positive                            specific requirements unique to the                   unresponsive to available antiretroviral
                                              transplantation, such as the specific                   investigational transplantation of organs             treatment and the recipient progresses
                                              medication regimens, pre-transplant                     from HIV-positive donors into HIV-                    to AIDS (Redd, 2013). Information
                                              induction (if any), maintenance                         positive recipients, the research criteria            relevant to understanding the known or
                                              immunosuppression after                                 set forth here do not address related                 potential extent of antiretroviral
                                              transplantation, or control of HIV                      requirements that exist in federal                    resistance in the strain of HIV infecting
                                              infection. These protocol elements and                  regulations or OPTN bylaws or policies                the organ donor may be incomplete for
                                              others will be determined by an                         including, but not limited to, obligations            many reasons:
                                              investigator’s specific research                        imposed on OPTN transplant hospitals                     • There may be inadequate virus in
                                              questions and the expertise of those                    and transplant programs concerning                    donor specimens for antiretroviral
                                              conducting the research. Rather, the                    informed consent of transplant                        resistance testing;
                                              criteria address the minimum safety and                 recipients and living donors, the                        • If the specimen is adequate, there
                                              data requirements of clinical research in               equitable allocation of organs, and organ             may not be enough time within the
                                              HIV-positive to HIV-positive                            offers. The regulations governing the                 decision-making evaluation window to
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                                              transplantation. As mandated by the                     operation of OPTN are codified at 42                  fully assess antiretroviral resistance
                                              HOPE Act, the Secretary, together with                  CFR part 121 and OPTN policies and                    before the clinical deterioration of the
                                              the OPTN, is charged with reviewing                     bylaws can be found at http://                        donor, organ procurement, and
                                              the results of scientific research                      optn.transplant.hrsa.gov/                             implantation;
                                              conducted under these criteria to                       ContentDocuments/OPTN_Policies.pdf.                      • The donor’s history of antiretroviral
                                              determine whether the OPTN’s                               Under these research criteria, all HIV-            treatment may be unknown or
                                              standards of quality should be further                  positive to HIV-positive transplantation              incomplete;


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                                                                      Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                              73791

                                                 • Results from prior antiretroviral                  liver or kidney failure in the donor must             donor HIV resistance to antiretroviral
                                              resistance testing may be unavailable.                  be carefully assessed as it is in other at-           regimens. A history of OIs or cancers is
                                                 These issues might be especially                     risk populations currently eligible to                also of high importance, due to the
                                              challenging when considering organ                      donate an organ. For example, kidney                  increased risk for both attributable to
                                              donation from deceased donors whose                     disease in HIV-positive patients has                  HIV, and the additional difficulty of
                                              HIV infection is first identified during                been associated with the apolipoprotein               treating some infections and neoplasms
                                              donor evaluation. As of 2011, an                        1 (APOL1) coding variants that confer a               in a post-transplant setting. It is possible
                                              estimated 1 in 6 U.S. adults living with                very high risk of susceptibility and are              that deceased donors with lower CD4+
                                              HIV infection were undiagnosed                          almost exclusively found in patients of               T-cell counts may pose an increased risk
                                              (Prevention, 2013) and an estimated 16                  African descent (Freedman, 2013;                      of harboring transmissible diseases (e.g.,
                                              percent of newly diagnosed, untreated                   Genovese, 2010). Living donation of a                 opportunistic infections or neoplasms)
                                              individuals were infected with virus                    kidney from a donor having such a                     that may be difficult to detect during
                                              resistant to at least one class of                      variant may be associated with an                     organ harvest and transplantation; teams
                                              antiretroviral drug (Kim, 2013; Megens,                 unacceptable risk of subsequent kidney                conducting transplants under the HOPE
                                              2013).                                                  disease to both the donor and the                     Act are urged to assess donors with low
                                                 It is anticipated that the risk of                   recipient (Freedman, 2015; Reeves-                    CD4+ T-cell counts (e.g., ≤200/mL) with
                                              transmission of resistant HIV strains                   Daniel, 2011; Parsa, 2013; Riella, 2015).             special caution and to promptly inform
                                              may be lower from deceased donors                          The consent process for an HIV-                    IRBs and protocol sponsors of known or
                                              with a well-documented history of                       positive living organ donor must                      suspected disease transmission events.
                                              antiretroviral treatment, undetectable                  include and document provision to the                    Minimum eligibility criteria for all
                                              virus at demise, and robust and                         donor of information regarding: (1) The               HIV-positive deceased donors:
                                              persistent undetectable viral load for at               possibility that the loss of organ
                                              least 1 year prior to death. However, to                                                                         i. Documented HIV infection using an
                                                                                                      function resulting from donation could
                                              impose this as an eligibility criterion                                                                       FDA-licensed, approved, or cleared test
                                                                                                      preclude the use of certain antiretroviral
                                              would limit the pool of suitable donors                                                                       device(s).
                                                                                                      drugs in the future; (2) the risk of kidney
                                              and severely limit the ability to study                 or liver failure in the future; (3) the                  ii. No evidence of invasive
                                              transplantation of HIV-positive organs                  possibility of transmission of occult                 opportunistic complications of HIV
                                              under the HOPE Act. In addition, it will                opportunistic infections to the recipient;            infection.
                                              not be possible in all cases to obtain                  and (4) the absence of U.S. experience                   iii. Pre-implant donor organ biopsy to
                                              viral loads and/or antiretroviral                       in HIV-positive to HIV-positive organ                 be stored, at a minimum, for the
                                              resistance profiles in the time available               transplantation, and thus the                         duration of the study (or at least 5
                                              for donor evaluation. Transplant teams                  unpredictable nature of donor and                     years); additional specimens may be
                                              evaluating a donor must review all                      recipient outcomes (Mgbako, 2013).                    obtained to support specific research
                                              available donor and recipient                              HIV-positive transplant candidates                 goals.
                                              information and be able to propose an                   who are listed for a transplant in the                   Additional eligibility criteria for HIV-
                                              antiretroviral regimen that will be                     context of a research study of HIV-                   positive deceased donors with a known
                                              equally or more safe, tolerable, and                    positive to HIV-positive transplantation              history of HIV and prior treatment with
                                              effective for the recipient after                       must have the same opportunity as                     ART:
                                              transplantation as the regimen in place                 other transplant candidates to receive an                i. The study team must describe the
                                              in the recipient before transplantation.                organ from an HIV-negative donor,                     anticipated post-transplant
                                              For instance, a donor who only achieves                 should one become available for them.                 antiretroviral regimen(s) to be
                                              viral suppression with a regimen known                                                                        prescribed for the recipient and justify
                                              to be intolerable to the recipient must                 1.1 HIV-Positive Donor Eligibility
                                                                                                                                                            their conclusion that the proposed
                                              not be accepted. If there is doubt about                Criteria
                                                                                                                                                            regimen will be safe, tolerable, and
                                              the ability to suppress viral replication                  The HIV-specific donor eligibility                 effective.
                                              after transplantation, the transplant                   criteria for deceased donors and for
                                              must not move forward.                                  living donors are listed (also refer to               1.1.2    HIV-Positive Living Donors
                                                 Donors co-infected with hepatitis are                Table 1). Co-infection with HBV and/or                  Minimum eligibility criteria for HIV-
                                              not excluded from HIV-positive to HIV-                  HCV is not an exclusion criterion,                    positive living donors:
                                              positive transplant; however, careful                   although research that includes co-                     i. Documented HIV infection using an
                                              consideration must be given when                        infected donors must address any                      FDA-licensed, approved, or cleared test
                                              evaluating a donor co-infected with                     additional eligibility criteria within                device.
                                              HBV and/or HCV (Terrault, 2012; Miro,                   their research protocol.                                ii. Well-controlled HIV infection, as
                                              2012; Moreno, 2012; Sherman, 2014;
                                                                                                      1.1.1 HIV-Positive Deceased Donors                    evidenced by:
                                              Chen, 2014). Although HCV therapeutic
                                              strategies are rapidly evolving (Liang,                   When evaluating HIV-positive                          a. CD4+ T-cell count ≥500/mL for the
                                              2013), it is possible that mixed genotype               deceased donors, it is understood that                6-month period preceding donation.
                                              HCV infections may influence post-                      limited medical history may be                          b. Fewer than 50 copies/mL of HIV–
                                              transplant treatment of HCV in the                      available and/or known at the time of                 1 RNA detectable by ultrasensitive or
                                              recipient. Prior antiretroviral treatment               the donor evaluation. The OPO must                    real-time polymerase chain reaction
                                              of the donor and/or recipient with                      make reasonable efforts to obtain prior               (PCR) assay.
                                              agents active against HBV (i.e.,                        medical history so that a transplant                    iii. A complete history of ART
tkelley on DSK3SPTVN1PROD with NOTICES




                                              lamivudine, emtricitabine, adefovir, and                center team may best determine the                    regimens and ART resistance.
                                              tenofovir) has the potential for inducing               suitability of the potential donor based                iv. The study team must be able to
                                              or uncovering archived HBV drug                         on the information available. A                       predict a safe, tolerable, and effective
                                              resistance in the recipient (Dieterich,                 complete history of antiretroviral                    regimen to be prescribed for the
                                              2007; Soriano, 2009; Pais, 2010).                       regimens and a history of viral load tests            recipient based on the donor’s current
                                                 In the case of a living HIV-positive                 and resistance testing are especially                 ART regimen as well as the donor’s
                                              organ donor, the risk of future end-stage               valuable for evaluating the likelihood of             history of ART resistance.


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                                              73792                   Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                                v. No evidence of invasive                                only take place if, after evaluating both                                i. CD4+ T-cell count ≥200/mL (kidney)
                                              opportunistic complications of HIV                          recipient and donor, the team is                                       and ≥100/mL (liver) within 16 weeks
                                              infection.                                                  confident they can define a post-                                      prior to transplant; any patient with
                                                vi. A liver biopsy (in liver donors) or                   transplant antiretroviral regimen that                                 history of OI must have a CD4 positive
                                              a kidney biopsy (in kidney donors)                          will be safe, tolerable, and effective. If                             T-cell count ≥200/uL.
                                              showing no evidence of a disease                            there is any doubt on the part of the                                    ii. HIV RNA less than 50 copies/mL
                                              process that would put the donor at                         transplant team about the ability to                                   and on a stable antiretroviral regimen.*
                                              increased risk of progressing to end-                       suppress viral replication post-                                         iii. No evidence of active
                                              stage organ failure after donation, or that                 transplant, the transplant should not                                  opportunistic complications of HIV
                                              would present a risk of poor graft                          move forward. Concerns about                                           infection.
                                              function to the recipient.                                  transmitted drug resistance must be                                      iv. No history of primary CNS
                                                                                                          included in the recipient informed                                     lymphoma or progressive PML.
                                              2    Recipient Eligibility                                  consent process for the research study.                                  v. Concurrence by the study team
                                                 A key consideration when evaluating                      At the time of an organ offer, the                                     that, based on medical history and ART,
                                              potential HIV-positive transplant                           recipient informed consent must                                        viral suppression can be achieved in the
                                              candidates is the ability to suppress HIV                   address the transplant team’s                                          recipient post-transplant.
                                              viral load post-transplant. This includes                   assessment of risk specific to the organ                                 *Patients who are unable to tolerate
                                              a thorough assessment by the transplant                     they are being offered.                                                ART due to organ failure or who have
                                              team of the candidate recipient’s                                                                                                  only recently started ART may have
                                                                                                          2.1 HIV-Positive Recipient Eligibility
                                              prescribed antiretroviral medications,                                                                                             detectable viral load and still be
                                                                                                          Criteria
                                              HIV RNA levels while on medications,                                                                                               considered eligible if the study team is
                                              adherence to HIV treatment, and any                            The following HIV-specific criteria                                 confident there will be a safe, tolerable,
                                              available HIV resistance testing; a                         must be met when screening for an HIV-                                 and effective antiretroviral regimen for
                                              similar evaluation of the donor must                        positive to HIV-positive organ                                         the patient once organ function is
                                              also be carried out. A transplant should                    transplant (also refer to Table 1):                                    restored after transplantation.

                                                  TABLE 1—SUMMARY OF DONOR AND RECIPIENT ELIGIBILITY CRITERIA FOR HIV-POSITIVE SERO-CONCORDANT ORGAN
                                                                              TRANSPLANT PAIRS UNDER THE HOPE ACT
                                                  HIV-Related variables                     Deceased donor                                            Living donor                                      HIV-Positive recipient

                                                                                                                                                                                                If no history of OI
                                                                                                                                                                                                • ≥200
                                              Current CD4+ T-cell count        No requirement .................................     ≥500 for 6 months prior to organ do-                        If history of OI
                                              (T lymphocytes/μL) ...........                                                          nation.                                                   • ≥200 (kidney)
                                                                                                                                                                                                • ≥100 (liver)
                                                                                                                                                                                                CD4+ T-cell count measured within
                                                                                                                                                                                                   16 weeks of transplantation
                                              Plasma HIV RNA viral             No requirement** ...............................     <50 ....................................................    <50*
                                                load (copies/mL).
                                              Opportunistic infection ......   No invasive OI ...................................   No invasive OI ...................................          Currently,
                                                                                                                                                                                                • No active OI
                                                                                                                                                                                                Historically, no
                                                                                                                                                                                                • CNS
                                                                                                                                                                                                lymphoma
                                                                                                                                                                                                • PML
                                                 * Organ recipients who are unable to tolerate ART due to organ failure or who have only recently started ART may have detectable viral load
                                              and still be considered eligible if the study team is confident there will be a safe, tolerable, and effective antiretroviral regimen to be used by the
                                              recipient once organ function is restored after transplantation.
                                                 ** In deceased donors with a known history of HIV infection and prior treatment with ART, the study team must describe the anticipated post-
                                              transplant antiretroviral regimen(s) to be used by the organ recipient and justify their conclusion that the proposed regimen will be safe, tolerable,
                                              and effective.


                                              3    Transplant Hospital Criteria                              ii. In order for a transplant hospital to                           transplantation (confirm and document
                                                                                                          initiate HIV-positive to HIV-positive                                  HIV-negative to HIV-positive transplant
                                                 Expertise in the management of                           transplantation, there must be a study                                 experience of the team).
                                              individuals with HIV infection is                           team consisting of (at a minimum) a                                       iii. Defined SOPs and training for the
                                              essential for this research. A transplant                   transplant surgeon, a transplant                                       hospital personnel involved in
                                              hospital participating in HIV-positive to                   physician, and an HIV physician. The                                   procurement and/or implantation
                                              HIV-positive transplantation must                           transplant physician and HIV physician                                 regarding the following issues:
                                              include experts in the field of                             collectively must have experience with                                 a. Donor evaluation
                                              transplantation as well as experts in the                   at least 5 HIV-negative to HIV-positive                                b. Organ recovery
                                              management of HIV infection working                         transplants with the designated organ(s)                               c. Handling, processing, packaging,
tkelley on DSK3SPTVN1PROD with NOTICES




                                              collaboratively as a part of a study team.                  over the last 4 years. This constitutes                                   shipping, and transporting of blood,
                                                                                                          the minimal experience necessary, and                                     lymph nodes, tissues, and organs to
                                              3.1 Specific Transplant Hospital                            the IRB must evaluate key personnel                                       and/or within the transplant hospital
                                              Criteria                                                    (i.e., transplant surgeon, transplant                                  d. Transplant procedure
                                                                                                          physician, and HIV physician) in the                                      iv. Transplant hospitals with an IRB-
                                                i. An established program for the care
                                                                                                          context of total expertise and experience                              approved research protocol in HIV-
                                              of individuals infected with HIV.                           with respect to HIV and/or organ                                       positive to HIV-positive transplantation


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                                                                      Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices                                           73793

                                              must inform the OPTN of additional                        i. Promote and protect the interests of             record abstraction; obtaining research
                                              organ-specific acceptance criteria for                  the HIV-positive recipient (including                 consent from next of kin of HIV-positive
                                              organs from HIV-positive donors.                        with respect to having access to a                    donors; performing physical
                                                v. Transplant hospitals with an IRB-                  suitable HIV-negative organ if it                     examination of HIV-positive donors;
                                              approved research protocol in HIV-                      becomes available) and take steps to                  collecting blood, tissue, and other
                                              positive to HIV-positive transplantation                ensure that the HIV-positive recipient’s              biospecimens (e.g., urine,
                                              with HIV-positive candidates on the                     decision is informed and free from                    bronchoalveolar lavage, spleen, lymph
                                              wait list willing to accept an HIV-                     coercion.                                             nodes, and biopsy material); and
                                              positive organ must specify any                           ii. Review whether the potential HIV-               handling, processing, storing, labeling,
                                              additional acceptance criteria to the                   positive recipient has received                       and shipping of the biospecimens.
                                              OPO.                                                    information regarding the results of SOT                 ii. Conduct training in obtaining
                                                vi. The transplant hospital must verify               in general and transplantation in HIV-                relevant and pertinent HIV-positive
                                              the HIV status of both the donor and the                positive recipients in particular and the             history, duration of HIV infection,
                                              recipient.                                              unknown risks associated with HIV-                    opportunistic illnesses and their
                                                vii. Defined SOPs and training                        positive to HIV-positive transplant.                  therapy, risk factors for HIV, CD4+ T-
                                              regarding an institutional biohazard                      iii. Demonstrate knowledge of HIV                   cell counts (lows and highs), HIV
                                              plan, which outlines the measures taken                 infection and transplantation.                        resistance, ART medication history use
                                              to prevent and manage inadvertent                                                                             and response, history of ART resistance,
                                                                                                      3.2.2 Independent HIV-Positive Living                 present ART, HIV viral loads, and HIV
                                              exposure and/or transmission of HIV.                    Donor Advocate                                        genotype and tropism, when known.
                                                viii. Defined policies and SOPs for                                                                            iii. Develop a biohazard plan to
                                                                                                        Transplant programs performing HIV-
                                              governing the necessary knowledge,                                                                            prevent and manage exposure to or
                                                                                                      positive donor transplantations must
                                              experience, skills, and training for                                                                          transmission of HIV.
                                                                                                      designate and provide each living HIV-
                                              independent advocates.                                                                                           These criteria are in addition to, not
                                                                                                      positive donor and living prospective
                                              3.2   Independent Advocates                             HIV-positive donor with an                            in place of, current Organ Procurement
                                                                                                      independent advocate who is                           and Transplantation Network (OPTN)
                                                 A transplant program conducting                                                                            policies and bylaws, state or local laws,
                                                                                                      responsible for promoting and
                                              research in HIV-positive to HIV-positive                                                                      and federal regulations governing organ
                                                                                                      protecting the rights and interests of the
                                              transplantation under these research                                                                          transplantation and research that
                                                                                                      HIV-positive donor (or prospective
                                              criteria must provide each HIV-positive                                                                       pertains to OPOs.
                                                                                                      donor). More specifically, the
                                              living donor and recipient with an
                                                                                                      independent advocate for the HIV-                     5 Prevention of Inadvertent
                                              independent advocate.
                                                                                                      positive living donor must:                           Transmission of HIV
                                                 In the setting of a living donor                       i. Promote and protect the interests of
                                              transplant, there must be two                           the HIV-positive donor (including with                   Although the use of HIV-positive
                                              independent advocates, one for the                      respect to having ample opportunity to                organs may help alleviate transplant
                                              donor and another for the recipient.                    withdraw consent from donation) and                   shortages and reduce patient waiting list
                                              Each advocate must be independent of                    take steps to ensure that the HIV-                    times, there also are patient safety
                                              the research team and must have                         positive donor’s decision is informed                 concerns to consider. Prevention or
                                              knowledge and experience with both                      and free from external pressure.                      management of inadvertent
                                              HIV infection and organ transplantation.                  ii. Review whether the potential HIV-               transmission of HIV or exposure of an
                                                 At a minimum, transplant hospitals                   positive donor has received information               HIV-negative recipient to organs or
                                              conducting research in HIV-positive to                  regarding (a) risks of organ donation in              tissues from an HIV-positive donor due
                                              HIV-positive transplantation shall                      general, as well as the additional                    to identification error is paramount
                                              develop policies and procedures                         potential risks that are the specific to              (Ison, 2009, 2011a, 2011b). The
                                              addressing the role, knowledge, and                     the HIV-positive donor, including                     transplant community, with regulatory
                                              experience of independent advocates in                  accelerated organ failure, and                        oversight at multiple levels, has been
                                              the setting of HIV infection,                           limitations of future use of specific                 able to achieve a high level of safety
                                              transplantation, medical ethics,                        antiretroviral agents; and (b) the                    through routine procedures and clinical
                                              informed consent, and the potential                     unknown outcome of HIV-positive to                    practice. The precautions taken with
                                              impact of external pressure on the HIV-                 HIV-positive organ transplantation.                   ABO compatible donor-recipient pairs
                                              positive recipient’s decision, and HIV-                   iii. Demonstrate knowledge of HIV                   and HCV-infected donor organs in HCV-
                                              positive living donor’s decision (if                    infection and transplantation.                        infected recipients (Morales, 2010;
                                              applicable) about whether to enter the                                                                        Kucirka, 2010; Mandal, 2000; Tector,
                                              HIV-positive to HIV-positive transplant                 4    OPO Responsibilities                             2006) are existing models. However,
                                              research study.                                            Clinical research in HIV-positive to               vulnerabilities still exist, and mishaps
                                                                                                      HIV-positive organ transplantation                    still occur. For instance, the risks of
                                              3.2.1 Independent HIV-Positive
                                                                                                      requires a partnership between OPOs                   error during manual transcription of
                                              Recipient Advocate
                                                                                                      and transplant programs. OPOs                         information are well documented.
                                                Transplant programs performing HIV-                   participating in the evaluation and                      Each transplant hospital shall have an
                                              positive to HIV-positive transplants                    allocation of HIV-positive organs to                  institutional biohazard plan for
                                              must designate and provide each HIV-                    centers conducting research in HIV-                   handling of HIV-positive organs—to
                                              positive recipient and prospective HIV-                 positive to HIV-positive transplantation              include, for example, organ quarantine
tkelley on DSK3SPTVN1PROD with NOTICES




                                              positive recipient with an independent                  must adhere to the following criteria:                measures, electronic information
                                              advocate who is responsible for                            i. Develop SOPs and staff training                 capture on infectious disease testing
                                              protecting and promoting the rights and                 procedures to effectively work with the               results, communication protocols
                                              interests of the HIV-positive recipient                 family and other sources of medical                   between OPOs and transplant
                                              (or prospective recipient). The                         history for HIV-positive donors in                    hospitals—that is designed to prevent
                                              independent advocate for the HIV-                       assessing medical and behavioral risks;               and/or manage inadvertent transmission
                                              positive recipient must:                                HIV clinic and pharmacy medical                       of or exposure to HIV.


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                                              73794                   Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

                                                 Tissues (e.g., cornea, blood vessels, or             6.2    Donors (all)                                       donors in the United States. American
                                              cartilage) not associated with the organ                                                                          Journal of Transplantation, 11(6), 1209–
                                                                                                      • Type (living or deceased)                               1217.
                                              to be transplanted and organs are often                 • HIV status (HIV-positive new                        Boyarsky, B. J., Durand C. M., Palella F. J.,
                                              recovered from organ donors. The FDA                      diagnosis, HIV-positive known                           Segev D.L., (2015). Challenges and
                                              regulates human cells, tissues, and                       diagnosis)                                              clinical decision-making in HIV-to-HIV
                                              cellular and tissue-based products                      • CD4+ T-cell count                                       transplantation: insights from the HIV
                                              (HCT/Ps) that are intended for                          • Co-infection (HCV, HBV)                                 literature. American Journal of
                                              implantation, transplantation, infusion,                • HIV viral load                                          Transplantation, 15:2023–2030.
                                              or transfer into a human recipient under                                                                      Brucato, A., Colombo, T., Bonacina, E., et al.
                                                                                                      • ART resistance
                                              the authority of section 361 of the                                                                               (2004). Fulminant myocarditis during
                                                                                                      • Pre-transplant donor allograft biopsy                   HIV seroconversion: recovery with
                                              Public Health Service Act and the
                                                                                                      6.3 Living Donors (6, 12, and 24                          temporary left ventricular mechanical
                                              implementing regulations in 21 CFR
                                                                                                      Months Following Organ Donation)                          assistance. Italian Heart Journal, 5, 228–
                                              part 1271. Under 21 CFR part 1271,                                                                                231.
                                              persons with risk factors for, or clinical              • Progression to renal insufficiency in               Calabrese, L. H., Albrecht, M., Young, J., et
                                              evidence of, relevant communicable                        kidney donors:                                          al. (2003). Successful cardiac
                                              diseases, or whose test results are                       Æ Proteinuria defined as urinary                        transplantation in an HIV–1-infected
                                              positive or reactive for relevant                            protein excretion >150 mg/day or                     patient with advanced disease. New
                                              communicable diseases (including HIV)                                                                             England Journal of Medicine, 348, 2323–
                                                                                                           urine protein/creatinine ratio >0.2
                                              are ineligible to donate HCT/Ps.                                                                                  2328.
                                                                                                        Æ eGFR <60 mL/minute/1.73m2                         Castel, M. A., Pérez-Villa, F., Roig, E., & Miró,
                                              Procedures must be in place to ensure                   • Progression to hepatic insufficiency in                 J. M. (2011a). Heart transplantation in an
                                              that HCT/Ps are not recovered from                        liver donors (INR >1.5 and/or total                     HIV–1-infected patient with ischemic
                                              HIV-positive donors for implantation,                     bilirubin >2.0)                                         cardiomyopathy and severe pulmonary
                                              transplantation, infusion, or transfer                  • Change in ART regimen as a result of                    hypertension. Revista Española de
                                              into a human recipient; however, HCT/                     decreased organ function                                Cardiologı́a, 64, 1066–1067.
                                              Ps from a donor who has been                            • Progression to AIDS                                 Castel, M. A., Pérez-Villa, F., & Miró, J. M.
                                              determined to be ineligible may be                      • Failure to suppress viral replication                   (2011b). Heart transplantation in HIV-
                                              made available for nonclinical purposes.                  (persistent viremia)                                    infected patients: more cases in Europe.
                                                                                                                                                                The Journal of Heart and Lung
                                              6 Study Design/Required Outcome                         • Death                                                   Transplantation, 30, 1418.
                                              Measures                                                6.4    Transplant Recipients                          Chen, J. Y., Feeney, E. R., & Chung, R. T.
                                                                                                                                                                (2014). HCV and HIV co-infection:
                                                 There is a wide range of clinical and                •   Rejection rate (annual up to 5 years)                 mechanisms and management. Nature
                                              immunologic questions that might be                     •   Progression to AIDS                                   Reviews: Gastroenterology & Hepatology,
                                              addressed in the context of research in                 •   New OIs                                               11(6), 362–371.
                                              HIV-positive to HIV-positive                            •   Failure to suppress viral replication             Cooper, C., Kanters, S., Klein, M.,
                                              transplantation. These include, for                         (persistent viremia)                                  Chaudhury, P., Marotta, P., Wong, P., et
                                              example, questions related to HIV                       •   HIV-associated organ failure                          al. (2011). Liver transplant outcomes in
                                              superinfection; incidence and severity                  •   Malignancy                                            HIV-infected patients: a systematic
                                                                                                                                                                review and meta-analysis with synthetic
                                              of OIs (including transmission of occult                •   Graft failure
                                                                                                                                                                cohort. AIDS, 25(6), 777–786.
                                              OIs from donor to recipient);                           •   Mismatched ART resistance versus                  Dieterich, D.T. (2007). Special considerations
                                              immunologic mechanisms contributing                         donor                                                 and treatment of patients with HBV–HIV
                                              to the increased rate of kidney rejection               •   Death                                                 coinfection. Antiviral Therapy, 12, H43–
                                              observed in HIV-positive recipients;                                                                              H51.
                                              quality of life for recipients of HIV-                  References
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                                              positive to HIV-positive transplantation;               Bertani, A., Grossi, P., Vitulo, P., et al. (2009).       D. (2011). Liver transplant outcomes in
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                                              be determined by the investigators who                      cystic fibrosis. American Journal of                  synthetic cohort. AIDS, 25(13), 1675–
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                                              recipient characteristics and outcome                       patient. American Journal of                          G., et al. (2014). Management of
                                              measures must be incorporated into the                      Transplantation, 9 Suppl 4, S131–135.                 immunosuppression and antiretroviral
                                                                                                      Blumberg, E. A., & Rogers, C. C. (2013a).                 treatment before and after heart
                                              design of all clinical trials of HIV-                                                                             transplant for HIV-associated dilated
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                                              73796                   Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices

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                                                                                                                                                            HUMAN SERVICES
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                                                   Diseases, 13(7), 622–628.                              decreases wait time for liver                     as amended. The grant applications and
                                              Reeves-Daniel, A. M., DePalma, J. A., Bleyer,               transplantation without adversity                 the discussions could disclose
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                                                   11(5), 1025–1030.                                      (2012). Outcomes of liver transplant              individuals associated with the grant
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                                                   challenges and promise of HIV-infected                 immunodeficiency virus coinfection.               would constitute a clearly unwarranted
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                                                   Current Infectious Disease Reports, 17:1–          Touzot, M., Pillebout, E., Matignon, M.,                Name of Committee: Center for Scientific
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                                                   donation in a United States urban center.              10(10), 2263–2269.
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                              Agenda: To review and evaluate grant
                                                   American Journal of Transplantation,               Uriel, N., Jorde, U. P., Cotarlan, V., et al.         applications.
                                                   15:2105–2116.                                          (2009). Heart transplantation in human              Place: National Institutes of Health, 6701
                                              Riella, L.V., Sheridan, A.M., (2015). Testing               immunodeficiency virus-positive                   Rockledge Drive, Bethesda, MD 20892,
                                                   for high-risk APOL1 alleles in potential               patients. Journal of Heart and Lung               (Virtual Meeting).
                                                   living kidney donors. American Journal                 Transplant, 28, 667–669.                            Contact Person: Michael Knecht, Ph.D.,
                                                   of Kidney Disease, (in press).                     Uriel, N., Nahumi, N., Colombo, P. C., et al.         Scientific Review Officer, Center for
                                              Roland, M., Carlson, L., & Stock, P. (2002).                (2014). Advance heart failure in patients         Scientific Review, National Institutes of



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Document Created: 2018-03-01 11:14:22
Document Modified: 2018-03-01 11:14:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactDr. Jonah Odim, phone 240-627-3540, Email: [email protected], Fax: 301-451-5671, 5601 Fishers Lane, Room 6B21, MSC 9827, Bethesda, MD 20892-9827.
FR Citation80 FR 73785 

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