Title: COMPLIANCE ISSUES: Observed in ORO Reviews 200304 OFFICE OF RESEARCH OVERSIGHT ORO DEPT' OF VETERANS
1COMPLIANCE ISSUESObserved in ORO Reviews
2003-04OFFICE OF RESEARCH OVERSIGHT (ORO)
DEPT. OF VETERANS AFFAIRS David A. Weber,
Ph.D., FACNPChief OfficerFriday, November 12,
2004
2ORO ON-SITE REVIEWS
- Types of Reviews
- For-Cause
- Routine
- Reviews Focus on Regulatory Compliance
- Identify deficiencies
3For Cause On-Site Reviews
- Investigate reported or alleged instances of
noncompliance with the laws, regulations,
policies, and/or procedures governing research - Teams of 2-5 members, 2-4 days
- Site visit report
- Facility develops action plan
- Continuous follow-up until actions complete
- Restrictions, suspensions, etc.
4Core Regulations and Policies
- 38 CFR 16 Protection of Human Subjects
- 21 CFR 50 Protection of Human Subjects
- 21 CFR 56 Institutional Review Boards
- 21 CFR 312 Investigational New Drug
Application - 21 CFR 812 Investigational Device Exemptions
5Core Regulations and Policies
- Handbook 1200.5, Requirements for the Protection
of Human Subjects in Research (July 15, 2003) - What to Report to ORO (November 11, 2003)
- Manual M-3, Part I
- Chapter 2 Organizational Structure
- Chapter 3 Functions of the Research and
Development Committee
6WHAT TO REPORT TO OROMEMORANDOM
- Identifies issues VHA facilities must report to
ORO as required by various Federal regulations
and VHA policies. -
- http//www.va.gov/oro/
- November 12, 2003
7COMPLIANCE REVIEW FINDINGS2003-2004
8COMPLIANCE FINDINGS 2003-04
- -Failure to obtain written informed consent
- 38CFR16.116 and 117a VHA 1200.5, App. C CFG31,
32 - -Failure to follow IRB approved protocol
- 38CFR16.103.b.4.iii VHA 1200.5, 7.c.1 CFG23
9COMPLIANCE FINDINGS 2003-04
- Failure to obtain RD Committee approval prior to
conducting research - M-3, P-1, Ch 3.01.e VHA HB 1200.5, 7.b
- Resources and staff not adequate to support HRPP
program. Inadequate protocol/records tracking
system - 38CFR16.103.b.2 CFG 52
10COMPLIANCE FINDINGS 2003-04
- Failure to maintain records for at least 3 years
after completion of study - 3 yrs in 38CFR115(b), 5 yrs in VHA HB 1200.5.8.j
- Inconsistent documentation in IRB minutes and IRB
files - 38CFR16.115.a.1,3,4,7, and 116d
- Reviews of SAE by RD and IRB not documented
- 21CFR56.101(a), 21CFR.108, and 21CFR56.111.
11OTHER FINDINGS 2003-04
- Terms/duration of IRB and RD Committee members
not compliant with M-3,P-1, Ch 2.02b(2) and 3.01e - Major delays in completing minutes. To be
completed within 3 weeks VHA HB 1200.5(7)(i)(2) - more
12OHRP Compliance Activitieshttp//ohrp.osophs.dhhs
.gov/compovr.htm
- Common Findings and Guidance
- (77 items)
- Initial and Continuing Review (16)
- Expedited Review Procedures (5)
- Reporting Unanticipated Problems IRB Review of
Protocol Changes (4) - Applications of Exemptions (5)
- Informed Consent (15)
- IRB Membership, Expertise, Staff, Support and
Workload (9) - Documentation of IRB Activities, Findings, and
Procedures (18) - Miscellaneous OHRP guidance (5)
13THE END