21 CFR 50.23(d) Waiver Of Prior Consent Requirement: Armed Forces Flashcards

1
Q

Under what circumstances may the President waive the prior consent requirement for administration of an investigational new drug to a member of the armed forces?

A

*In connection with the member’s participation in a particular military operation
*Only the President may do it
*Must be determined in writing
*Consent is not feasible or;
*Consent is contrary to the best interests of the military member or;
*Consent is not in the interests of national security.

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2
Q

What standards and criteria must the President apply to make the determination to waive consent?

A

FDA regulations for waiver of informed consent in section 505(i)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 (i)(4)

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3
Q

Who must request a determination from the President that informed consent is not feasible or is contrary to the best interests of the military members involved?

A

The Secretary of Defense

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