81_FR_91096 81 FR 90855 - Use of Electronic Informed Consent-Questions and Answers; Guidance for Institutional Review Boards, Investigators, and Sponsors; Availability

81 FR 90855 - Use of Electronic Informed Consent-Questions and Answers; Guidance for Institutional Review Boards, Investigators, and Sponsors; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 241 (December 15, 2016)

Page Range90855-90857
FR Document2016-30146

The Food and Drug Administration (FDA) and the Office for Human Research Protections (OHRP), Department of Health and Human Services (HHS), are announcing the availability of a guidance entitled ``Use of Electronic Informed Consent--Questions and Answers.'' The guidance is intended for institutional review boards (IRBs), investigators, and sponsors engaged in or responsible for oversight of human subject research under HHS and/or FDA regulations. The guidance provides recommendations on the use of electronic systems and processes that may employ multiple electronic media to obtain informed consent for both HHS-regulated human subject research and FDA-regulated clinical investigations of medical products, including human drug and biological products, medical devices, and combinations thereof. This guidance finalizes the draft guidance entitled ``Use of Electronic Informed Consent in Clinical Investigations--Questions and Answers'' issued in March 2015.

Federal Register, Volume 81 Issue 241 (Thursday, December 15, 2016)
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90855-90857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30146]



[[Page 90855]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-D-0390]


Use of Electronic Informed Consent--Questions and Answers; 
Guidance for Institutional Review Boards, Investigators, and Sponsors; 
Availability

AGENCY: Food and Drug Administration and Office for Human Research 
Protections, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) and the Office for 
Human Research Protections (OHRP), Department of Health and Human 
Services (HHS), are announcing the availability of a guidance entitled 
``Use of Electronic Informed Consent--Questions and Answers.'' The 
guidance is intended for institutional review boards (IRBs), 
investigators, and sponsors engaged in or responsible for oversight of 
human subject research under HHS and/or FDA regulations. The guidance 
provides recommendations on the use of electronic systems and processes 
that may employ multiple electronic media to obtain informed consent 
for both HHS-regulated human subject research and FDA-regulated 
clinical investigations of medical products, including human drug and 
biological products, medical devices, and combinations thereof. This 
guidance finalizes the draft guidance entitled ``Use of Electronic 
Informed Consent in Clinical Investigations--Questions and Answers'' 
issued in March 2015.

DATES: Submit either electronic or written comments on Agency guidances 
at any time.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2015-D-0390 for ``Use of Electronic Informed Consent--Questions and 
Answers; Guidance for Institutional Review Boards, Investigators, and 
Sponsors; Availability.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    See section III of the SUPPLEMENTARY INFORMATION section for 
submitting written requests for single copies of this guidance and for 
electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Cheryl Grandinetti, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 3348, Silver Spring, MD 20993-0002, 301-
796-2500; Nicole Wolanski, Office of Good Clinical Practice, Office of 
Special Medical Programs, Office of Medical Products and Tobacco, Food 
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5108, 
Silver Spring, MD 20993, 301 796-6570; Stephen Ripley, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 
240-402-7911; Irfan Khan, Center for Devices and Radiological Health, 
Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 
3459, Silver Spring, MD 20993, 1-800-638-2041 or 301-796-7100; or Irene 
Stith-Coleman, Office for Human Research Protections, 1101 Wootton 
Pkwy., suite 200, Rockville, MD 20852, 240-453-6900.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA and OHRP are announcing the availability of a guidance entitled 
``Use of Electronic Informed Consent--Questions and Answers.'' The 
guidance is intended for IRBs, investigators, and sponsors responsible 
for oversight of human subject research under HHS and/or FDA 
regulations. The guidance provides recommendations on the use of 
electronic systems and processes that

[[Page 90856]]

may employ multiple electronic media to obtain informed consent for 
both HHS-regulated human subject research and FDA-regulated clinical 
investigations of medical products, including human drug and biological 
products, medical devices, and combinations thereof. In particular, the 
guidance provides recommendations on procedures that may be followed 
when using an electronic informed consent (eIC) to help: (1) Ensure 
protection of the rights, safety, and welfare of human subjects; (2) 
facilitate the subject's comprehension of the information presented 
during the eIC process; (3) ensure that appropriate documentation of 
consent is obtained when electronic systems and processes that may 
employ multiple electronic media are used to obtain informed consent; 
and (4) ensure the quality and integrity of eIC data included in FDA 
applications and made available to FDA during inspections.
    In the Federal Register of March 9, 2015 (80 FR 12496), FDA 
announced the availability of a draft guidance entitled ``Use of 
Electronic Informed Consent in Clinical Investigations--Questions and 
Answers.'' FDA received a number of comments on the draft guidance. In 
response to these comments, this guidance provides further 
clarification on: (1) How to present information in the eIC to the 
subject; (2) how and where to conduct the eIC process; (3) how and when 
questions from subjects should be answered; (4) steps that may be taken 
to facilitate the subject's understanding; (5) how to convey additional 
information to the subject during the course of the research; (6) how 
to use electronic signatures to document eIC; (7) how to verify the 
identity of the subjects who will be electronically signing the 
informed consent; (8) how to use electronic informed consent for 
pediatric studies; (9) how to provide copies of the eIC to the subject; 
(10) steps that may be taken to ensure privacy, security, and 
confidentiality of the eIC information; (11) how to obtain Health 
Insurance Portability and Accountability Act authorizations for 
research electronically; (12) what eIC materials the investigator 
should submit to the IRB; (13) what the IRB's responsibilities are in 
the eIC process; (14) the eIC documentation required for FDA submission 
with applications; (15) steps to ensure that eIC materials are archived 
appropriately for FDA-regulated clinical investigations; and (16) what 
eIC materials or documents FDA will require during an inspection.
    In addition, in the Federal Register of March 9, 2015 (80 FR 
12497), OHRP asked for public comment on whether OHRP should adopt the 
positions and recommendations proposed in the draft guidance for 
research regulated under the HHS protection of human subjects 
regulations, 45 CFR part 46, and whether OHRP and FDA should issue a 
joint guidance on this topic. In response to these comments, the final 
guidance was developed in collaboration with FDA and OHRP and is issued 
as a joint final guidance.
    To enhance human subject protection and reduce regulatory burden, 
OHRP and FDA have been actively working to harmonize the Agencies' 
regulatory requirements and guidance for human subject research. This 
guidance was developed as a part of these efforts. OHRP and FDA believe 
that it will be helpful to the regulated community to issue a joint 
guidance, which will clearly demonstrate the Agencies' collaborative 
approach to the topic of electronic informed consent.
    This guidance is being issued consistent with FDA's good guidance 
practices regulation (21 CFR 10.115). The guidance represents the 
current thinking of FDA and OHRP on the use of electronic informed 
consent. It does not establish any rights for any person and is not 
binding on OHRP, FDA, or the public. You can use an alternative 
approach if it satisfies the requirements of the applicable statutes 
and regulations.

II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of 
information. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 
CFR part 11 related to electronic records and electronic signatures 
have been approved under OMB control number 0910-0303; the collections 
of information in 21 CFR parts 50 and 56 related to protection of human 
subjects and to IRBs have been approved under OMB control number 0910-
0755; the collections of information in 21 CFR 56.115 related to IRB 
recordkeeping requirements, which include requirements for records 
related to informed consent, have been approved under OMB control 
number 0910-0130; the collections of information in 21 CFR part 312 
have been approved under OMB control number 0910-0014; and the 
collections of information in 21 CFR part 812 have been approved under 
OMB control number 0910-0078. The collections of information related to 
the protection of human subjects under 45 CFR part 46 and to IRB 
recordkeeping under 45 CFR 46.115 have been approved under OMB control 
number 0990-0260.

III. Addresses for Written Requests

    Submit written requests for single copies of this guidance and for 
electronic access to the guidance document to one of the following 
Centers.

----------------------------------------------------------------------------------------------------------------
              Center                          Address                 Telephone            Other information
----------------------------------------------------------------------------------------------------------------
Division of Drug Information,       10001 New Hampshire Ave.,   .....................  .........................
 Center for Drug Evaluation and      Hillandale Building, 4th
 Research, Food and Drug             Floor, Silver Spring, MD
 Administration.                     20993-0002.
Office of Good Clinical Practice,   10903 New Hampshire Ave.,   .....................  .........................
 Office of Special Medical           Bldg. 32, rm. 5103,
 Programs, Office of Medical         Silver Spring, MD 20993-
 Products and Tobacco, Food and      0002.
 Drug Administration.
Office for Human Research           1101 Wootton Pkwy., suite   .....................  .........................
 Protections.                        200, Rockville, MD 20852.
Center for Biologics Evaluation     10903 New Hampshire Ave.,   240-7911-402.........  .........................
 and Research, Food and Drug         Bldg. 71, rm. 7301,
 Administration.                     Silver Spring, MD 20993-
                                     0002.
Center for Devices and              10903 New Hampshire Ave.,   1-800-638-2041 or 301- Send one self-addressed
 Radiological Health, Food and       Bldg. 66, rm. 4621,         796-7100.              adhesive label to assist
 Drug Administration.                Silver Spring, MD 20993.                           that office in
                                                                                        processing your
                                                                                        requests.
----------------------------------------------------------------------------------------------------------------


[[Page 90857]]

IV. Electronic Access

    Persons with access to the Internet may obtain the guidance at 
http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm, http://www.fda.gov/ScienceResearch/SpecialTopics/RunningClinicalTrials/GuidancesInformationSheetsandNotices/ucm219433.htm, http://www.fda.gov/ScienceResearch/SpecialTopics/RunningClinicalTrials/ProposedRegulationsandDraftGuidances/default.htm, http://www.hhs.gov/ohrp/newsroom/rfc/index.html, or http://www.regulations.gov.

Leslie Kux,
Assistant Commissioner for Policy, Food and Drug Administration.
Karen B. DeSalvo,
Acting Assistant Secretary for Health, Department of Health and Human 
Services.
[FR Doc. 2016-30146 Filed 12-14-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                         Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices                                           90855

                                               DEPARTMENT OF HEALTH AND                                as a manufacturing process. Please note               comments and you must identify this
                                               HUMAN SERVICES                                          that if you include your name, contact                information as ‘‘confidential.’’ Any
                                                                                                       information, or other information that                information marked as ‘‘confidential’’
                                               Food and Drug Administration                            identifies you in the body of your                    will not be disclosed except in
                                               [Docket No. FDA–2015–D–0390]                            comments, that information will be                    accordance with 21 CFR 10.20 and other
                                                                                                       posted on http://www.regulations.gov.                 applicable disclosure law. For more
                                               Use of Electronic Informed Consent—                       • If you want to submit a comment                   information about FDA’s posting of
                                               Questions and Answers; Guidance for                     with confidential information that you                comments to public dockets, see 80 FR
                                               Institutional Review Boards,                            do not wish to be made available to the               56469, September 18, 2015, or access
                                               Investigators, and Sponsors;                            public, submit the comment as a                       the information at: http://www.fda.gov/
                                               Availability                                            written/paper submission and in the                   regulatoryinformation/dockets/
                                                                                                       manner detailed (see ‘‘Written/Paper                  default.htm.
                                               AGENCY:  Food and Drug Administration                   Submissions’’ and ‘‘Instructions’’).                     Docket: For access to the docket to
                                               and Office for Human Research                                                                                 read background documents or the
                                               Protections, HHS.                                       Written/Paper Submissions
                                                                                                                                                             electronic and written/paper comments
                                               ACTION: Notice of availability.                            Submit written/paper submissions as                received, go to http://
                                                                                                       follows:                                              www.regulations.gov and insert the
                                               SUMMARY:   The Food and Drug                               • Mail/Hand delivery/Courier (for
                                               Administration (FDA) and the Office for                                                                       docket number, found in brackets in the
                                                                                                       written/paper submissions): Division of
                                               Human Research Protections (OHRP),                                                                            heading of this document, into the
                                                                                                       Dockets Management (HFA–305), Food
                                               Department of Health and Human                                                                                ‘‘Search’’ box and follow the prompts
                                                                                                       and Drug Administration, 5630 Fishers
                                               Services (HHS), are announcing the                                                                            and/or go to the Division of Dockets
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.
                                               availability of a guidance entitled ‘‘Use                  • For written/paper comments                       Management, 5630 Fishers Lane, Rm.
                                               of Electronic Informed Consent—                         submitted to the Division of Dockets                  1061, Rockville, MD 20852.
                                               Questions and Answers.’’ The guidance                   Management, FDA will post your                           See section III of the SUPPLEMENTARY
                                               is intended for institutional review                                                                          INFORMATION section for submitting
                                                                                                       comment, as well as any attachments,
                                               boards (IRBs), investigators, and                       except for information submitted,                     written requests for single copies of this
                                               sponsors engaged in or responsible for                  marked and identified, as confidential,               guidance and for electronic access to the
                                               oversight of human subject research                     if submitted as detailed in                           guidance document.
                                               under HHS and/or FDA regulations. The                   ‘‘Instructions.’’                                     FOR FURTHER INFORMATION CONTACT:
                                               guidance provides recommendations on                       Instructions: All submissions received             Cheryl Grandinetti, Center for Drug
                                               the use of electronic systems and                       must include the Docket No. FDA–                      Evaluation and Research, Food and
                                               processes that may employ multiple                      2015–D–0390 for ‘‘Use of Electronic                   Drug Administration, 10903 New
                                               electronic media to obtain informed                     Informed Consent—Questions and                        Hampshire Ave., Bldg. 51, Rm. 3348,
                                               consent for both HHS-regulated human                    Answers; Guidance for Institutional                   Silver Spring, MD 20993–0002, 301–
                                               subject research and FDA-regulated                      Review Boards, Investigators, and                     796–2500; Nicole Wolanski, Office of
                                               clinical investigations of medical                      Sponsors; Availability.’’ Received                    Good Clinical Practice, Office of Special
                                               products, including human drug and                      comments will be placed in the docket                 Medical Programs, Office of Medical
                                               biological products, medical devices,                   and, except for those submitted as                    Products and Tobacco, Food and Drug
                                               and combinations thereof. This                          ‘‘Confidential Submissions,’’ publicly                Administration, 10903 New Hampshire
                                               guidance finalizes the draft guidance                   viewable at http://www.regulations.gov                Ave., Bldg. 32, Rm. 5108, Silver Spring,
                                               entitled ‘‘Use of Electronic Informed                   or at the Division of Dockets                         MD 20993, 301 796–6570; Stephen
                                               Consent in Clinical Investigations—                     Management between 9 a.m. and 4 p.m.,                 Ripley, Center for Biologics Evaluation
                                               Questions and Answers’’ issued in                       Monday through Friday.                                and Research, Food and Drug
                                               March 2015.                                                • Confidential Submissions—To                      Administration, 10903 New Hampshire
                                               DATES: Submit either electronic or                      submit a comment with confidential                    Ave., Bldg. 71, Rm. 7301, Silver Spring,
                                               written comments on Agency guidances                    information that you do not wish to be                MD 20993–0002, 240–402–7911; Irfan
                                               at any time.                                            made publicly available, submit your                  Khan, Center for Devices and
                                               ADDRESSES: You may submit comments                      comments only as a written/paper                      Radiological Health, Food and Drug
                                               as follows:                                             submission. You should submit two                     Administration, 10903 New Hampshire
                                                                                                       copies total. One copy will include the               Ave., Bldg. 66, Rm. 3459, Silver Spring,
                                               Electronic Submissions                                  information you claim to be confidential              MD 20993, 1–800–638–2041 or 301–
                                                 Submit electronic comments in the                     with a heading or cover note that states              796–7100; or Irene Stith-Coleman,
                                               following way:                                          ‘‘THIS DOCUMENT CONTAINS                              Office for Human Research Protections,
                                                 • Federal eRulemaking Portal: http://                 CONFIDENTIAL INFORMATION.’’ The                       1101 Wootton Pkwy., suite 200,
                                               www.regulations.gov. Follow the                         Agency will review this copy, including               Rockville, MD 20852, 240–453–6900.
                                               instructions for submitting comments.                   the claimed confidential information, in              SUPPLEMENTARY INFORMATION:
                                               Comments submitted electronically,                      its consideration of comments. The
                                               including attachments, to http://                       second copy, which will have the                      I. Background
                                               www.regulations.gov will be posted to                   claimed confidential information                         FDA and OHRP are announcing the
                                               the docket unchanged. Because your                      redacted/blacked out, will be available               availability of a guidance entitled ‘‘Use
                                               comment will be made public, you are                    for public viewing and posted on http://              of Electronic Informed Consent—
rmajette on DSK2TPTVN1PROD with NOTICES




                                               solely responsible for ensuring that your               www.regulations.gov. Submit both                      Questions and Answers.’’ The guidance
                                               comment does not include any                            copies to the Division of Dockets                     is intended for IRBs, investigators, and
                                               confidential information that you or a                  Management. If you do not wish your                   sponsors responsible for oversight of
                                               third party may not wish to be posted,                  name and contact information to be                    human subject research under HHS and/
                                               such as medical information, your or                    made publicly available, you can                      or FDA regulations. The guidance
                                               anyone else’s Social Security number, or                provide this information on the cover                 provides recommendations on the use of
                                               confidential business information, such                 sheet and not in the body of your                     electronic systems and processes that


                                          VerDate Sep<11>2014   15:19 Dec 14, 2016   Jkt 241001   PO 00000   Frm 00084   Fmt 4703   Sfmt 4703   E:\FR\FM\15DEN1.SGM   15DEN1


                                               90856                      Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices

                                               may employ multiple electronic media                    the subject; (10) steps that may be taken                         not establish any rights for any person
                                               to obtain informed consent for both                     to ensure privacy, security, and                                  and is not binding on OHRP, FDA, or
                                               HHS-regulated human subject research                    confidentiality of the eIC information;                           the public. You can use an alternative
                                               and FDA-regulated clinical                              (11) how to obtain Health Insurance                               approach if it satisfies the requirements
                                               investigations of medical products,                     Portability and Accountability Act                                of the applicable statutes and
                                               including human drug and biological                     authorizations for research                                       regulations.
                                               products, medical devices, and                          electronically; (12) what eIC materials
                                                                                                       the investigator should submit to the                             II. The Paperwork Reduction Act of
                                               combinations thereof. In particular, the
                                                                                                       IRB; (13) what the IRB’s responsibilities                         1995
                                               guidance provides recommendations on
                                               procedures that may be followed when                    are in the eIC process; (14) the eIC                                This guidance refers to previously
                                               using an electronic informed consent                    documentation required for FDA                                    approved collections of information.
                                               (eIC) to help: (1) Ensure protection of                 submission with applications; (15) steps                          These collections of information are
                                               the rights, safety, and welfare of human                to ensure that eIC materials are archived                         subject to review by the Office of
                                               subjects; (2) facilitate the subject’s                  appropriately for FDA-regulated clinical                          Management and Budget (OMB) under
                                               comprehension of the information                        investigations; and (16) what eIC                                 the Paperwork Reduction Act of 1995
                                               presented during the eIC process; (3)                   materials or documents FDA will                                   (44 U.S.C. 3501–3520). The collections
                                               ensure that appropriate documentation                   require during an inspection.                                     of information in 21 CFR part 11 related
                                               of consent is obtained when electronic                     In addition, in the Federal Register of                        to electronic records and electronic
                                               systems and processes that may employ                   March 9, 2015 (80 FR 12497), OHRP                                 signatures have been approved under
                                               multiple electronic media are used to                   asked for public comment on whether                               OMB control number 0910–0303; the
                                               obtain informed consent; and (4) ensure                 OHRP should adopt the positions and                               collections of information in 21 CFR
                                               the quality and integrity of eIC data                   recommendations proposed in the draft
                                                                                                                                                                         parts 50 and 56 related to protection of
                                               included in FDA applications and made                   guidance for research regulated under
                                                                                                                                                                         human subjects and to IRBs have been
                                               available to FDA during inspections.                    the HHS protection of human subjects
                                                                                                                                                                         approved under OMB control number
                                                                                                       regulations, 45 CFR part 46, and
                                                  In the Federal Register of March 9,                                                                                    0910–0755; the collections of
                                                                                                       whether OHRP and FDA should issue a
                                               2015 (80 FR 12496), FDA announced the                                                                                     information in 21 CFR 56.115 related to
                                                                                                       joint guidance on this topic. In response
                                               availability of a draft guidance entitled                                                                                 IRB recordkeeping requirements, which
                                                                                                       to these comments, the final guidance
                                               ‘‘Use of Electronic Informed Consent in                                                                                   include requirements for records related
                                                                                                       was developed in collaboration with
                                               Clinical Investigations—Questions and                                                                                     to informed consent, have been
                                                                                                       FDA and OHRP and is issued as a joint
                                               Answers.’’ FDA received a number of                                                                                       approved under OMB control number
                                                                                                       final guidance.
                                               comments on the draft guidance. In                         To enhance human subject protection                            0910–0130; the collections of
                                               response to these comments, this                        and reduce regulatory burden, OHRP                                information in 21 CFR part 312 have
                                               guidance provides further clarification                 and FDA have been actively working to                             been approved under OMB control
                                               on: (1) How to present information in                   harmonize the Agencies’ regulatory                                number 0910–0014; and the collections
                                               the eIC to the subject; (2) how and                     requirements and guidance for human                               of information in 21 CFR part 812 have
                                               where to conduct the eIC process; (3)                   subject research. This guidance was                               been approved under OMB control
                                               how and when questions from subjects                    developed as a part of these efforts.                             number 0910–0078. The collections of
                                               should be answered; (4) steps that may                  OHRP and FDA believe that it will be                              information related to the protection of
                                               be taken to facilitate the subject’s                    helpful to the regulated community to                             human subjects under 45 CFR part 46
                                               understanding; (5) how to convey                        issue a joint guidance, which will                                and to IRB recordkeeping under 45 CFR
                                               additional information to the subject                   clearly demonstrate the Agencies’                                 46.115 have been approved under OMB
                                               during the course of the research; (6)                  collaborative approach to the topic of                            control number 0990–0260.
                                               how to use electronic signatures to                     electronic informed consent.                                      III. Addresses for Written Requests
                                               document eIC; (7) how to verify the                        This guidance is being issued
                                               identity of the subjects who will be                    consistent with FDA’s good guidance                                 Submit written requests for single
                                               electronically signing the informed                     practices regulation (21 CFR 10.115).                             copies of this guidance and for
                                               consent; (8) how to use electronic                      The guidance represents the current                               electronic access to the guidance
                                               informed consent for pediatric studies;                 thinking of FDA and OHRP on the use                               document to one of the following
                                               (9) how to provide copies of the eIC to                 of electronic informed consent. It does                           Centers.

                                                                 Center                                        Address                                   Telephone                                Other information

                                               Division of Drug Information, Center for       10001     New      Hampshire      Ave.,           ....................................
                                                 Drug Evaluation and Research, Food             Hillandale Building, 4th Floor, Silver
                                                 and Drug Administration.                       Spring, MD 20993–0002.
                                               Office of Good Clinical Practice, Office       10903 New Hampshire Ave., Bldg.                   ....................................
                                                 of Special Medical Programs, Office            32, rm. 5103, Silver Spring, MD
                                                 of Medical Products and Tobacco,               20993–0002.
                                                 Food and Drug Administration.
                                               Office for Human Research Protections          1101 Wootton Pkwy.,           suite    200,       ....................................
                                                                                                Rockville, MD 20852.
                                               Center for Biologics Evaluation and            10903 New Hampshire           Ave., Bldg.     240–7911–402 ...........
rmajette on DSK2TPTVN1PROD with NOTICES




                                                 Research, Food and Drug Adminis-               71, rm. 7301, Silver        Spring, MD
                                                 tration.                                       20993–0002.
                                               Center for Devices and Radiological            10903 New Hampshire           Ave., Bldg.     1–800–638–2041 or                           Send one self-addressed adhesive
                                                 Health, Food and Drug Administra-              66, rm. 4621, Silver        Spring, MD        301–796–7100.                               label to assist that office in proc-
                                                 tion.                                          20993.                                                                                    essing your requests.




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                                                                                  Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices                                                                                               90857

                                               IV. Electronic Access                                                      ACTION:       Notice.                                                       review certain premarket notifications
                                                 Persons with access to the Internet                                                                                                                  (510(k)s). Participation in this third-
                                                                                                                          SUMMARY:   The Food and Drug                                                party review program by accredited
                                               may obtain the guidance at http://                                         Administration (FDA) is announcing
                                               www.fda.gov/Drugs/Guidance                                                                                                                             persons is entirely voluntary. A third
                                                                                                                          that a proposed collection of
                                               ComplianceRegulatoryInformation/                                           information has been submitted to the                                       party wishing to participate will submit
                                               Guidances/default.htm, http://                                             Office of Management and Budget                                             a request for accreditation to FDA.
                                               www.fda.gov/BiologicsBloodVaccines/                                        (OMB) for review and clearance under                                        Accredited third-party reviewers have
                                               GuidanceComplianceRegulatory                                               the Paperwork Reduction Act of 1995.                                        the ability to review a manufacturer’s
                                               Information/Guidances/default.htm,                                                                                                                     510(k) submission for selected devices.
                                                                                                                          DATES: Fax written comments on the
                                               http://www.fda.gov/MedicalDevices/                                                                                                                     After reviewing a submission, the
                                                                                                                          collection of information by January 17,
                                               DeviceRegulationandGuidance/                                                                                                                           reviewer will forward a copy of the
                                                                                                                          2017.
                                               GuidanceDocuments/default.htm,                                                                                                                         510(k) submission, along with the
                                               http://www.fda.gov/ScienceResearch/                                        ADDRESSES: To ensure that comments on
                                                                                                                          the information collection are received,                                    reviewer’s documented review and
                                               SpecialTopics/RunningClinicalTrials/                                                                                                                   recommendation, to FDA. Third-party
                                               GuidancesInformationSheetsandNotices                                       OMB recommends that written
                                                                                                                          comments be faxed to the Office of                                          reviewers should maintain records of
                                               /ucm219433.htm, http://www.fda.gov/                                                                                                                    their 510(k) reviews and a copy of the
                                               ScienceResearch/SpecialTopics/                                             Information and Regulatory Affairs,
                                                                                                                          OMB, Attn: FDA Desk Officer, FAX:                                           510(k) for a reasonable period of time,
                                               RunningClinicalTrials/Proposed
                                                                                                                          202–395–7285, or emailed to oira_                                           usually a period of 3 years.
                                               RegulationsandDraftGuidances/
                                               default.htm, http://www.hhs.gov/ohrp/                                      submission@omb.eop.gov. All                                                    This information collection will allow
                                               newsroom/rfc/index.html, or http://                                        comments should be identified with the                                      FDA to continue to implement the
                                               www.regulations.gov.                                                       OMB control number 0910–0375. Also                                          accredited person review program
                                                                                                                          include the FDA docket number found                                         established by FDAMA and improve the
                                               Leslie Kux,                                                                in brackets in the heading of this                                          efficiency of 510(k) review for low- to
                                               Assistant Commissioner for Policy, Food and                                document.
                                               Drug Administration.                                                                                                                                   moderate-risk devices. Respondents to
                                                                                                                          FOR FURTHER INFORMATION CONTACT: FDA                                        this information collection are
                                               Karen B. DeSalvo,
                                                                                                                          PRA Staff, Office of Operations, Food                                       businesses or other for-profit
                                               Acting Assistant Secretary for Health,
                                                                                                                          and Drug Administration, Three White                                        organizations.
                                               Department of Health and Human Services.
                                                                                                                          Flint North, 10A63, 11601 Landsdown
                                               [FR Doc. 2016–30146 Filed 12–14–16; 8:45 am]                                                                                                              FDA receives an average of one
                                                                                                                          St., North Bethesda, MD 20852,
                                               BILLING CODE 4164–01–P                                                                                                                                 application for accreditation for third-
                                                                                                                          PRAStaff@fda.hhs.gov.
                                                                                                                                                                                                      party review per year. According to
                                                                                                                          SUPPLEMENTARY INFORMATION: In
                                                                                                                                                                                                      FDA’s data, the number of 510(k)s
                                               DEPARTMENT OF HEALTH AND                                                   compliance with 44 U.S.C. 3507, FDA
                                                                                                                                                                                                      submitted for third-party review is
                                               HUMAN SERVICES                                                             has submitted the following proposed
                                                                                                                          collection of information to OMB for                                        approximately 260 annually, which is
                                                                                                                          review and clearance.                                                       26 annual reviews per each of the 10
                                               Food and Drug Administration
                                                                                                                                                                                                      accredited reviewers. Third-party
                                               [Docket No. FDA–2013–N–0795]                                               Medical Devices; Third-Party Review                                         reviewers are required to keep records
                                                                                                                          Under the Food and Drug                                                     of their review of each submission.
                                               Agency Information Collection                                              Administration Modernization Act—
                                               Activities; Submission for Office of                                       OMB Control Number 0910–0375—                                                  In the Federal Register of July 8, 2016
                                               Management and Budget Review;                                              Extension                                                                   (81 FR 44627), FDA published a 60-day
                                               Comment Request; Medical Devices;                                                                                                                      notice requesting public comment on
                                                                                                                            Section 210 of the Food and Drug                                          the proposed collection of information.
                                               Third-Party Review Under the Food
                                                                                                                          Administration Modernization Act
                                               and Drug Administration                                                                                                                                   FDA estimates the burden of this
                                                                                                                          (FDAMA) established section 523 of the
                                               Modernization Act                                                                                                                                      collection of information as follows:
                                                                                                                          Federal Food, Drug, and Cosmetic Act
                                               AGENCY:       Food and Drug Administration,                                (21 U.S.C. 360m), directing FDA to
                                               HHS.                                                                       accredit persons in the private sector to

                                                                                                             TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
                                                                                                                                                                         Number of                                                Average
                                                                                                                                              Number of                                            Total annual
                                                                                      Activity                                                                         responses per                                            burden per              Total hours
                                                                                                                                             respondents                                            responses
                                                                                                                                                                         respondent                                              response

                                               Requests for accreditation ...................................................                                    1                          1                         1                          24               24
                                               510(k) reviews conducted by accredited third parties .........                                                   10                         26                       260                          40           10,400

                                                     Total ..............................................................................   ........................   ........................   ........................   ........................         10,424
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.

                                                                                                        TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
rmajette on DSK2TPTVN1PROD with NOTICES




                                                                                                                                                                          Number of                                             Average
                                                                                                                                              Number of                                            Total annual
                                                                                      Activity                                                                           records per                                           burden per               Total hours
                                                                                                                                            recordkeepers                                            records
                                                                                                                                                                        recordkeeper                                         recordkeeping

                                               510(k) reviews ......................................................................                 10                         26                        260                         10                  2,600
                                                  1 There    are no capital costs or operating and maintenance costs associated with this collection of information.



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Document Created: 2016-12-15 01:10:59
Document Modified: 2016-12-15 01:10:59
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 of availability.
DatesSubmit either electronic or written comments on Agency guidances at any time.
ContactCheryl Grandinetti, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 3348, Silver Spring, MD 20993-0002, 301- 796-2500; Nicole Wolanski, Office of Good Clinical Practice, Office of Special Medical Programs, Office of Medical Products and Tobacco, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5108, Silver Spring, MD 20993, 301 796-6570; Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911; Irfan Khan, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 3459, Silver Spring, MD 20993, 1-800-638-2041 or 301-796-7100; or Irene Stith-Coleman, Office for Human Research Protections, 1101 Wootton Pkwy., suite 200, Rockville, MD 20852, 240-453-6900.
FR Citation81 FR 90855 

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