Guide · Healthcare

Clinical Research and Human Subjects Protection: A Comprehensive Guide to the Common Rule, IRBs, FDA Requirements, and Trial Agreements

42 U.S.C. § 289

Type
Guide
Jurisdiction
National
Date
2024-03-20
Topic
Healthcare

This guide covers human subjects research law for research counsel, institutional officials, sponsors, sites, and IRB professionals. Part 1 sets out the ethical foundations and the statutory architecture, and Part 2 resolves the applicability question that determines everything downstream. Part 3 covers IRB composition, review levels, and approval criteria, while Part 4 treats informed consent element by element, including the exculpatory language prohibition and the waiver standards. Part 5 addresses vulnerable populations and the additional protections in each subpart, and Part 6 covers the FDA product pathways, registration, and financial disclosure. Part 7 addresses privacy, HIPAA authorization, and secondary use, and Part 8 covers the clinical trial agreement provisions that carry the money and the risk. Parts 9 through 14 address reporting obligations, inspections and enforcement, civil liability, decentralized and emerging models, practice guidance by role, and a worked example.

Clinical Research and Human Subjects Protection: A Comprehensive Guide to the Common Rule, IRBs, FDA Requirements, and Trial Agreements

Healthcare > Clinical Research and Human Subjects | Published 20 March 2024 - Updated 5 June 2026 | UpLaw - uplaw.us

Part 1 — Foundations and Architecture

Ethical foundations. The Nuremberg Code, the Declaration of Helsinki, and the Belmont Report supply the principles from which the regulations derive: respect for persons, expressed as informed consent; beneficence, expressed as risk-benefit review; and justice, expressed as equitable subject selection.

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