Title: Adventures in the Conduct of FDARegulated Drug and Device Clinical Investigations
1Adventures in the Conduct of FDA-Regulated Drug
and Device Clinical Investigations
Presented by Karen Jeans, MSN, CCRN Program
Analyst, COACH
2What This Presentation Will Cover
- Conducting research with investigational drugs
- Determining what is a drug
- Types of Investigational New Drug Applications
(IND) - Conducting research with investigational devices
- Significant Risk
- Non-Significant Risk
- Problem Areas for Investigators, IRBs, and
Sponsors
3Prologue
- FDA regulations are unlike the human research
regulations known as the Common Rule regulations.
This can create a lot of issues that are unique
and yet similar to conduct of non-FDA regulated
human research studies. Knowing what is and is
not regulated by FDA can make your life a lot
easier, regardless of your role.
4What is FDA?
5FDA Regulates Products
- Drugs, biologics, medical devices (diagnostic and
therapeutic), foods nearly 25 of the U.S.
economy - FDA has responsibility for clinical
investigations of FDA-regulated products - Irrespective of study funding (unlike OHRP)
- Irrespective of study location within the U.S.
- Irrespective of whether for commercialization/mark
eting or for scientific knowledge
6It is Sometimes Hard to Figure out What FDA
Regulates
7How Did it All Begin?
- 1937 Sulfanilamide the first wonder drug
for strep throat and gonorrhea - Made into Elixir of Sulfanilamide
8Elixir of Sulfanilamide Incident
- 240 gallons shipped
- Resulted in 107 deaths
- No laws regarding safety
- Congress got involved
9Levels of Authority at FDA
- Law Passed by Congress Governs the U.S. Public
AND FDA - Federal Food, Drug, and Cosmetic Act
- Regulation Promulgated by FDA to implement the
law Carries the force of law - Code of Federal Regulations
- Guidance FDAs best advice Alternate methods
may be used to meet regulation - Information Sheet Guidance for IRBs, Clinical
Investigators, and Sponsors Significant Risk and
NonSignificant Risk Medical Device Studies
10Basic FDA Human Research Protections Governing
the Conduct of Clinical Investigations in Human
Subjects
- FDA regulations directed towards protection of
human research subjects - 21 CFR Part 50 Informed Consent
- 21 CFR Part 56 IRB Regulations
- These regulations are near-identical to the
Common Rule which governs protection of
subjects in federally funded research
11Key Regulations Governing the Conduct of
Clinical Trials
- Regulations supporting FDAs unique product
application review responsibilities and the
Agencys broad public protection mission - 21 CFR Part 312 IND Regulations (drug)
- 21 CFR Part 812 IDE Regulations (device)
- 21 CFR Part 314 NDA Regulations (drug)
- 21 CFR Part 814 PMA Regulations (device)
- 21 CFR Part 11 Electronic Records/Signatures
- 21 CFR Part 54 Financial Disclosure
12What is FDA regulated research involving human
subjects?
- Definition of Clinical Investigation
- Clinical investigation means any experiment that
involves a test article and one or more human
participants and that is one of the following
21 CFR 50.3(c) 21 CFR 56.102(c) - Subject to requirements for prior submission
to the Food and Drug Administration - under 505(i) or 520(g) of the act.
- Not subject to requirements for prior
submission to the Food and Drug Administration
under these sections of the act, but the results
of which are intended to be submitted later
to, or held for inspection by, the Food and Drug
Administration as part of an - application for a research or
marketing permit. - Definition of Human Subject
- Individual who is or becomes a participant in
research, either as a recipient of the test
article or as a control (21 CFR 50.3(g)) or on
whom or on whose specimen an investigational
device is used or as a control. A subject may be
in normal health or may have a medical condition
or disease (21 CFR 812.3(p))
13What is an investigational drug?
- A new drug or biological drug that is used in a
clinical investigation. The term also includes a
biological term that is used in vitro for
diagnostic purposes. The terms investigational
drug and investigational new drug are deemed
to be synonymous for purposes of this part. - 21 CFR 312.3(b)
- Overseen by
- Center for Drug Evaluation Research (CDER)
- Center for Biologics Evaluation Research (CBER)
14Drug vs. Biological Drug
- Chemical synthesis
- Tylenol
- Ibuprofen
- Morphine
- Synthesis from living organisms
- Vaccines
- Epogen
- Insulin
- Humira
15What Causes Trouble? Drug vs. Cosmetic
- Drug
- Articles intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of
disease and - Articles (other than Food) intended to affect
the structure or function of the body of man or
other animals - FDC Act, Section 201(g)(1)
- Cosmetic
- Articles intended to be rubbed, poured,
sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body . . . for
cleaning, beautifying, promoting attractiveness,
or altering the appearance - FDC Act, Section 201(i)
16Drug or Cosmetic?
- 1. Shampoo
- Skin Moisturizer
- Sunscreen lotion
- Deodorants
- Antiperspirants
- Toothpastes with fluoride
- Aromatherapy fragrances
- Collagen
- Soap
17Why is this Important to Differentiate Drugs from
Cosmetics?
- Differences in intended uses
- Approval requirements are different
- FDA
- IRB
18Now That Youve Figure Out it is a Drug
- Is it unapproved or approved?
19New Unapproved Drugs
20What is an Investigational New Drug (IND)
Application?
- Affirms a body of knowledge about the
manufacturing, pharmacology, and toxicology of
the drug to support its use in human testing - Requires that the clinical investigation(s) be
performed in accordance with Good Clinical
Practice (GCP) - Provides an additional level of protection
through FDA oversight - An IND is required when an unapproved drug or
biologic is used in a clinical investigation
21Common Types of INDs
- Commercial
- Noncommercial research
- Emergency
- Treatment
22Phases of an Investigation Involving an IND
- INDs can be submitted for one or more phases
- Phase 1 Initial Introduction
- Phase 2 Dose escalation and effectiveness
- Phase 3 Safety and effectiveness to evaluate
overall risk-benefit relationship of the drug - Phase 4 Do not involve INDs
23- Phase I Study of MT110 in Colorectal Cancer
(CRC), Gastrointestinal (GI) and Lung Cancer
(MT110-101) -
- This phase I dose escalation study is intended
to define the safety, tolerability and maximal
tolerable dose (MTD) of MT110 in patients with
advanced solid tumors. - Phase II Phase II Trial of a 96-Hour Continuous
Infusion of Paclitaxel Followed by Cisplatin for
Patients With Stage III/IV and Relapsed NSCLC -
- This is a Phase II study of paclitaxel (Taxol R)
administered as a 96-hour (4 day) continuous
infusion followed by a bolus of cisplatin for
previously untreated patients with stage III/IV
or relapsed non-small cell lung cancer (NSCLC).
The goal of this phase II study is to determine
the response rate of this infusional paclitaxel
and bolus cisplatin regimen in patients with
advanced NSCLC. - Phase III Controlled Clinical Study of NPO-11 in
Patients Undergoing Gastric Endoscopy - Patients who require gastric endoscopy will
receive an intragastric single dose of NPO-11 20
mL. The superiority of NPO-11 to placebo as a
premedication for endoscopy will be verified in a
randomized, double-blind, parallel-assignment
design based on the percentage of patients having
no gastric peristalsis at both 2 minutes
post-dose and the end of endoscopy (primary
outcome measure).The safety of NPO-11 will be
evaluated based on adverse events and adverse
drug reactions (ADRs) observed between
administration and seven days after
administration in comparison with the placebo
group.
24New Unapproved Drugs
25Approved Drugs The Problem
26Marketed Drugs in Off-Label Use vs. Clinical
Investigation
- Dr. Sue Yason calls you wanting to use Botox for
a patient in her clinic. She wants to inject
Botox into the muscles around the right eye of a
81-year old male patient who has severe
migraines. - Botox is only approved for use of treatment of
wrinkles between the eyebrows in people ages
18-65 years old. It has not been tested on
people under 18 or over 65. - She wants to know whether she needs to submit
this to the IRB Committee or call FDA for
permission.
27But What If . . .
28Is an IND always required?
- No IND is needed when an approved product is used
in the course of medical practice (even for an
indication different from the approved
indication) - But an IND may be required when an approved
product is used in a clinical investigation
29IND Needed?
- Five conditions for no IND needed in clinical
investigations involving human subjects with an
approved drug - Not intended to support labeling change
- Not intended to support advertising change
- No significant increase in risk (administration,
dosage, subject population) - In compliance with FDA regulations regarding
informed consent and Institutional Review Boards - In compliance with FDA regulations regarding
advertising
30How Does One Get an IND?
- Submit an Application to FDA with 9 components
- Cover Sheet and Form FDA 1571
- Table of Contents
- Introductory Statement and General
Investigational Plan - Investigators Brochure
- Clinical Protocol
- Chemistry, Manufacturing and Control Information
- Pharmacology and Toxicology Information
- Previous Human Experience
- Additional Information
- 21 CFR 312.23
31When Does the IND Go Into Effect?
- FDA notifies sponsors in writing the date it
receives the IND application - Receives an IND number
- 30-day rule
- Earlier notification
- Clinical hold
- 21 CFR 312.40(b)
32What We Have Covered
- Drugs vs. Biologics
- Drugs vs. Cosmetics
- Off-Label vs. Clinical Investigations of Marketed
Drugs - Investigational New Drug Applications
33The Special INDs Emergency and Treatment
- Emergency INDs are used for emergency use of a
test article regulations - 21 CFR 50.23,
56.102(d), 56.104(c), 312.36 - Treatment INDs are used for treatment protocols
or treatment IND - 21 CFR 312.34
- Neither of these are INDs used to support
marketing
34Emergency IND
- Intended subject does not meet the criteria of an
existing study protocol but meets the criteria
for emergency use - Manufacturer cannot make the unapproved
investigational drug or biologic available under
the companys IND - FDA request by telephone or other rapid
communication means
35Emergency Use of an Unapproved Drug Criteria
- Emergency use of a Test Article Regulations
- Use of a test article on a human subject
- in a life-threatening situation
- no standard treatment is available
- there is not sufficient time to obtain IRB
approval - 21 CFR 56.102(d)
36Emergency Use Authorization is not Emergency Use
of a Test Article
37 Human Subject Severely debilitated or
life-threatening condition Standard acceptable
treatment unavailable, and Sufficient time not
available to obtain IRB approval
IND obtained by investigator from sponsor or
authorized by FDA
Informed Consent obtained from participant
No Informed Consent can Be obtained from
participant
Written certification by investigator and
non-study participating physician or
independent determination of investigator
Test Article administered
IRB Report within 5 working days
38FDA Regulations Usually Involved with Emergency
IND
- Emergency IND regulations
- Emergency Exemption from Prospective IRB Approval
- Exception from Informed Consent Requirements
- Targeted to Investigators
- Not to be confused with Planned Emergency
Research (21 CFR 50.24) - Planned Emergency Research Not Allowed by VA
39Why Does One Need a Treatment IND?
- The investigational drug
- intended to treat a serious or immediately
life-threatening disease - no comparable or satisfactory alternative drug or
other therapy available to treat that stage of
the disease in the intended patient population - under investigation in a controlled clinical
trial under an IND or the clinical trials have
been completed - sponsor is actively pursuing marketing approval
of the investigational drug with due diligence. - Confusion about terminology humanitarian use
- (21 CFR 312.34(b))
40Treatment INDs
- Require IRB approval
- Sponsor may apply for a waiver of local IRB
review - Protocols for one or thousands of potential
subjects
41 Whats the Major Difference Between
- A Phase III IRB-approved protocol with a
commercial IND - vs.
-
- An IRB-approved protocol with a treatment IND?
42Review of Three INDs
- Commercial IND
- Noncommercial Research IND
- Most Common
- Treatment IND
- Requires IRB approval
- Emergency IND
- Does not require prospective IRB approval, but
must be reported to IRB within 5 working days
after use
43IRB Issues
- Does the IRB need to review the IND application?
- What is the IRBs role in validating the IND?
- What is the IRB s role in emergency use of a
test article?
44IRB Issues
- Does the IRB need to review the IND application?
- NO
45IRB Issues
- What is the IRBs role in validating the IND?
- Applies to portion of AAHRPP element 1.5.A
- Policies and procedures describe how the
organization decides whether an IND or IDE is
required. - When an IND or IDE is required, policies and
procedures describe how the organization
determines that a valid IND or IDE is present
before approval of the research. -
46IRB Issues
- Validation of the IND
- More than making sure a number is on an IRB
application - Source document
- Industry-sponsored clinical trials
- Clinical Protocol
- Sponsor correspondence or e-mail
- FDA correspondence
- Investigator-initiated
- FDA correspondence
- AAHRPP does not define who or what entity must
conduct the validation (Element 1.5.C.)
47IRB Issues
- What is the IRB s role in emergency use of a
test article? - FDA regulations only require retrospective IRB
notification - Did the use meet the criteria for an emergency
exemption from prospective IRB approval? - If informed consent was not obtained, did the
investigator meet the requirements for exception
from informed consent requirements?
48Summary of Drug Issues
- Drugs vs. Biologics
- Drugs vs. Cosmetics
- Off-Label vs. Clinical Investigations of Marketed
Drugs - IND Determinations
- Types of INDs
- Commercial
- Noncommercial
- Emergency
- Treatment
- IRB Issues related to INDs
49Devices
- What is a medical device?A medical device is
defined, in part, as any health care product that
does not achieve its primary intended purposes by
chemical action or by being metabolized. - What is an investigational medical device?An
investigational medical device is one that is the
subject of a clinical study designed to evaluate
the effectiveness and/or safety of the device.
50What Makes Device Studies Difficult to Conduct?
- Emergency Use
- Treatment IDE (Investigational Device Exemption)
- Significant Risk Devices
- FDA approved IDE
- Non-Significant Risk Device
- Abbreviated IDE
- Humanitarian Use Devices
- Compassionate Use
- Single patient or small group use of an
unapproved device - Custom Devices
- 510K
51Types of Medical Devices
- Contact Lenses
- Tissue Adhesives
- Hemodialyzers
- Urology Catheters
- Stents
- Surgical Lasers
52FDA Regulations for Devices
- Issues addressed by the Center for Devices and
Radiological Health (CDRH)
53Investigational Device Exemption (IDE
Regulations(21 CFR Part 812)
- Allows an unapproved device to be shipped for
clinical evaluation - Similar to IND regulations
- Identifies sections of the Act from which IDEs
are exempt - Identifies exempted investigations (e.g. cleared
devices, IVDs) - Defines Significant Risk (SR) and Non-Significant
Risk (NSR) investigations
54IDE Regulations(21 CFR Part 812)
- Clinical investigations undertaken to develop
safety and effectiveness data for medical devices
must be conducted according to the requirements
of the IDE regulations. - Unless exempt from the IDE regulations, an
investigational device studies must be
categorized as - Significant Risk (SR) or
- Nonsignificant Risk (NSR)
55Significant Risk (SR) Study
- Presents a potential serious risk to the health,
safety, and welfare of a subject and is - an implant or
- life supporting or sustaining or
- of substantial importance in diagnosing, curing,
mitigating, or treating disease or preventing
impairment of human health - FDA approval required
- Examples
- Extended wear contact lenses
- Cardiac stents
56Nonsignificant Risk Studies
- FDA approval not needed
- Not to be confused with the concept of minimal
risk - Examples
- Urologic catheters
- Low level biostimulation lasers
- Conventional implantable vascular access devices
57Deciding whether a Device Investigation is SR or
NSR
- IRB written policies and procedures regarding
device review - Best abilities
- Information in regulations and guidelines
- Risk evaluation provided by applicant
- Reports of prior investigations
- Proposed investigational plan
- Subject selection criteria
- Monitoring procedures
- Outside assistance
58Significant Risk or Non-Significant Risk
Investigations
59Major Differences Between SR and NSR
Investigations
- SR Investigations
- Submission of an IDE application to FDA required.
- Study may not commence until FDA has approved the
IDE application and the IRB has approved the
study. - NSR Investigations
- No submission of an IDE application to FDA
- Sponsor required to conduct the study in
accordance with the abbreviated requirements of
the IDE regulations - Study may not commence until the IRB has approved
the study.
60IRBs Role in SR and NSR Decisions
- IRB decision
- If IRB agrees that a study is NSR, no submission
to or review by FDA is necessary before starting
studies in humans. - If IRB considers the study to be SR, the sponsor
must obtain an IDE from FDA before proceeding
with clinical studies. - NOT AN OPTION An IRB considers a study to be
NSR when FDA approves an IDE for a SR device.
61Required IRB Policies and Procedures
- When the IRB determines that an investigation
presented for approval as involving an NSR device
actually involves an SR device, the IRB is
required to notify the investigator and, where
appropriate, the sponsor. - Written procedures for conducting its initial
review of research. - Written procedures for reporting its findings and
actions to the investigator. - Procedures for determining whether a study is SR
or NSR should be included among the written
procedures.
62Key Points to Remember
- IRBs may agree or disagree with a sponsors
initial NSR assessment. - Risk determination should be based on the
proposed use of the device in an investigation,
and not on the device alone. - Criteria for deciding if SR and NSR studies
should be approved by the IRB are the same as for
any other human research study. - FDA has the ultimate decision in determining
whether a device study is SR or NSR.
63Summary of Device Issues
- Device Definitions
- IDE Regulations
- SR and NSR Determinations
- IRB Role in Medical Device Investigations
64What Causes Problems for Investigators,
Institutional Review Boards, and Sponsors?
65What Causes Problems for Investigators?
- Conducting the clinical investigation according
to signed investigator statement and applicable
regulations - Obtaining informed consent
- Control of devices under investigation
66Commonality
- Protecting the rights, safety, and welfare of
subjects under the investigators care -
- 21 CFR 312.60
- 21 CFR 812.100
67Sponsor-Investigator Issues
- Unique to investigators holding an IND or IDE and
assuming the sponsor function in a clinical
investigation - Sometimes confused with sponsor-investigators of
studies not involving an IND or IDE
68Key Sponsor-Investigator Issues - IND
- Some key FDA requirements in conducting
Sponsor-Investigator research include - Selection of research staff qualified by training
and experience - Commitment to personally conduct or supervise the
investigation according to the research plan - Selection of study monitor(s) qualified to
monitor the progress of the project - Maintenance of adequate records showing the
receipt, shipment, or other disposition of the
investigational drugs and records of
participants case histories - Completion of regulatory filings, including
submission of amendments, annual and final
reports
69Key Sponsor-Investigator Issues IND (cont.)
- Some key FDA requirements in conducting
Sponsor-Investigator research include - Timely submission of reports (adverse events and
other) - - Written (Notify the FDA and PIs no later than
15 days from observation) - Serious, unexpected adverse experience
associated with the use of the drug - Any findings from tests in laboratory animals
that suggest significant risk for - human subjects
- - Telephone or facsimile reports (Notify the FDA
no later than 7 days from observation if fatal or
life-threatening event) - - Other reports
- Safety information should be summarized in
annual reports
70Sponsor-Investigator Issues - IDE
- Some key FDA requirements in conducting
Sponsor-Investigator research include - Selection of research staff qualified by training
and experience - Commitment to personally conduct or supervise the
investigation according to the research plan - Selection of study monitor(s) qualified to
monitor the progress of the project
71Sponsor-Investigator Issues IDE (cont.)
- Some key FDA requirements in conducting
Sponsor-Investigator research include - Maintenance of accurate, complete and current
records, including correspondence with the FDA,
monitor and IRB, records on shipment and
disposition of devices and records of
participants case histories and exposure to the
device - Completion of regulatory filings, including
amendments (supplemental applications) - Timely submission of reports
- - Unanticipated adverse device effects (10
working days of learning of event) - - Progress (regular intervals, but no less than
annually) - - Current investigator list (6-month intervals)
- - Recall and device disposition (30 working days
after request is made) - - Final Report (within 30 days of completion or
termination of investigation)
72Key Regulatory RequirementSponsor-Investigator
Monitoring
- Two major issues
- Who can be a monitor?
- What constitutes adequate monitoring?
73Who Can Be A Monitor?
- Applicable FDA Regulations
- A sponsor shall select a monitor qualified by
training and experience to monitor the progress
of the investigation. - 21 CFR 312.53(d)
- A sponsor shall select monitors qualified by
training and experience to monitor the
investigational study in accordance with this
part and other applicable FDA regulations. - 21 CFR 812.43(d)
74Who Can Be A Monitor?
- There is nothing in FDA regulations that states a
sponsor-investigator cannot serve as a monitor. - AND
- There is nothing in FDA regulations that states a
sponsor-investigator can serve as a monitor.
75What Constitutes Adequate Monitoring?
- No universal tool or master template policy
- Following the written procedures for monitoring
included in the investigational plan 21 CFR
812.25(e) - Obtaining a signed investigator agreement from
each participating investigator 21 CFR
812.43(c) - Providing investigators with the information they
need to conduct the investigation properly (21
CFR 812.40) - Ensuring subjects signed an IRB-approved informed
consent form prior to instituting study
activities - Device or drug accountability
- Maintaining accurate, complete, and current
records of disposition that describe the batch
number or code marks of any devices returned to
the sponsor, repaired, or disposed of in other
ways by the investigator or another person, and
the reasons for and method of disposal 21 CFR
812.140(b)(2)
76Summary
- Drug Issues
- Drugs vs. Biologics
- Drugs vs. Cosmetics
- Off-Label vs. Clinical Investigations of Marketed
Drugs - IND Determinations
- Types of INDs
- Commercial
- Emergency
- Treatment
- IRB Issues Related to INDs
77Summary (cont.)
- Device Issues
- Device Definitions
- IDE Regulations
- SR and NSR Determinations
- IRB Role in Medical Device Investigations
- Problem Areas for Investigators, IRBs, and
Sponsors
78Multiple Issues with Conducting FDA-Regulated
Research with Drugs and Devices
- Issues created by the regulations
- Issues of non-regulatory origins
- Doing whats right
- Over-interpretation of the regulations
- Treating recommendations/guidance as regulations
- Fear of litigation
- Gaps in the recommendations/regulations/guidance
79How to Contact FDA For Questions
- 1-888-INFO-FDA (1-888-463-6332)
80How to Contact FDA For Questions Medical Devices
- Questions about medical devices (other than GCP
questions) - www.fda.gov/cdrh/dsma/dsmastaf.html
- Manufacturer's assistance 800-638-2041
- Consumer assistance 888-INFO-FDA
- Questions about whether a product is subject to
IDE regulations call 240-276-4040
81How to Contact FDA For Questions - Drugs
- Questions about drug products (other than GCP
questions) - 301-827-4570
- Druginfo_at_fda.hhs.gov
- Questions about whether a product is subject to
IND regulations call 301-827-4570
82How to Contact FDA For Questions - Biologics
- Questions about biologics (other than GCP
questions) - 301-827-2000
- Octma_at_cber.fda.gov (consumer oriented)
- Matt_at_cber.fda.gov (manufacturers' assistance)
- Questions about whether a product is subject to
IND regulations call 301-827-2000
83How to Contact FDA For Questions Good Clinical
Practice
- E-mail gcp.questions_at_fda.hhs.gov
- Telephone 301-827-3340
- Facsimile 301-827-1169
- Mail Food and Drug Administration Good
Clinical Practice Program (HF-34) Parklawn
Building, Room 14B-17 5600 Fishers Lane,
Rockville, MD 20857
84QUESTIONS