CFR 21 Part 312 Flashcards
21CFR PART 312
INVESTIGATIONAL NEW DRUG APPLICATION
The clinical investigation of a drug product that is lawfully marketed in the United States is exempt from
the requirements of this part if all the following apply:
i) The investigation is not intended to be reported to FDA in support of a new indication for use; no significant change in the labeling for the drug;
ii) If the drug is lawfully marketed as a prescription drug product & no significant change in the advertising for the product;
(iii) The investigation does not involve a route of administration or dosage level or use in a patient population or other factor that significantly increases the risks (or decreases the acceptability of the risks) associated with the use of the drug product;
(iv) The investigation is conducted in compliance with the requirements for institutional review set forth in part 56 (IRB) and with the requirements for informed consent set forth in part 50 (Protection of Human subjects);
(v) The investigation is conducted in compliance with the requirements of §312.7.
Clinical Investiagtions’ Exemptions from part 312
1) drug product that is lawfully marketed in the United States
2) in vitro diagnostic biological product (if it is intended to be used in a diagnostic procedure that confirms the diagnosis made by another, medically established, diagnostic product or procedure)
3) A drug intended solely for tests in vitro or in laboratory research animals
4) use of a placebo is exempt from the requirements of this part if the investigation does not otherwise require submission of an IND.
A clinical investigation involving an in vitro diagnostic biological product is exempt from the requirements of this part if
(a) it is intended to be used in a diagnostic procedure that confirms the diagnosis made by another, medically established, diagnostic product or procedure
(b) it is shipped in compliance with §312.160.
The products exempt from the requirements of this part:
(a) blood grouping serum;
(b) reagent red blood cells;
(c) anti-human globulin.
A clinical investigation involving an exception from informed consent under §50.24 is exempt from the requirements of 312 part.
False
Clinical investigation
Any experiment in which a drug is administered or dispensed to, or used involving, one or more human subjects.
Imp: For the purposes of this part, an experiment is any use of a drug except for the use of a marketed drug in the course of medical practice.
Independent ethics committee (IEC)
A review panel that is responsible for ensuring the protection of the rights, safety, and well-being of human subjects involved in a clinical investigation and is adequately constituted to provide assurance of that protection (Example: An institutional review board (IRB)).
Investigational new drug means
A new drug or biological drug that is used in a clinical investigation. The term also includes a biological product that is used in vitro for diagnostic purposes.
Marketing application means
an application for a new drug submitted under section 505(b) of the act or a biologics license application for a biological product submitted under the Public Health Service Act.
Labeling of an investigational new drug
(a) shall bear a label with the statement “Caution: New Drug—Limited by Federal (or United States) law to investigational use.”
(b) shall not bear any statement that is false or misleading in any particular and shall not represent that the investigational new drug is safe or effective for the purposes for which it is being investigated.
(c) The appropriate FDA Center Director may grant an exception or alternative to the provision in paragraph (a) of this section, to the extent that this provision is not explicitly required by statute, for specified lots, batches, or other units of a human drug product that is or will be included in the Strategic National Stockpile.
A sponsor or investigator, or any person acting on behalf of a sponsor or investigator, shall not represent in a promotional context that
an investigational new drug is safe or effective for the purposes for which it is under investigation or otherwise promote the drug.
A sponsor shall not unduly prolong an investigation after finding that the results of the investigation appear to establish sufficient data to support a marketing application.
True
The sponsor must obtain prior written authorization from FDA to charge for an investigational drug.
True
FDA will withdraw authorization to charge if
It determines that charging is interfering with the development of a drug for marketing approval or that the criteria for the authorization are no longer being met
A sponsor who wishes to charge for its investigational drug, including investigational use of its approved drug, must:
(i) Provide evidence that the drug has a potential clinical benefit
(ii) Demonstrate that the data to be obtained from the clinical trial would be essential to establishing that the drug is effective or safe for the purpose of obtaining initial approval of a drug, or would support a significant change in the labeling of an approved drug (e.g., new indication, inclusion of comparative safety information); and
(iii) Demonstrate that the clinical trial could not be conducted without charging because the cost of the drug is extraordinary to the sponsor.
Unless FDA specifies a shorter period, charging may continue for the length of the clinical trial.
True
(A sponsor who wishes to charge for expanded access to an investigational drug for treatment use, must provide
(i) Evidence of sufficient enrollment in any ongoing clinical trial(s) needed for marketing approval to assure FDA that the trial(s) will be successfully completed as planned;
(ii) Evidence of adequate progress in the development of the drug for marketing approval;
(iii) Information submitted under the general investigational plan specifying the drug development milestones the sponsor plans to meet in the next year.
The authorization to charge is limited
to the number of patients authorized to receive the drug under the treatment use, if there is a limitation.
Unless FDA specifies a shorter period, charging for expanded access to an investigational drug for treatment use is granted for
1 year. Sponsor may request re-authorization for additional periods.
A sponsor may recover only the….costs of making its investigational drug available.
direct
Direct costs include
costs per unit to manufacture the drug (e.g., raw materials, labor, and nonreusable supplies and equipment used to manufacture the quantity of drug needed for the use for which charging is authorized)
or
costs to acquire the drug from another manufacturing source, and direct costs to ship and handle (e.g., store) the drug.
Indirect costs include
-costs incurred primarily to produce the drug for commercial sale
-research and development,
-administrative, labor, or other costs that would be incurred even if the clinical trial or treatment use for which charging is authorized did not occur.
FDA may grant a waiver from this part if
it finds that the sponsor’s noncompliance would not pose a significant and unreasonable risk to human subjects and one of the following criteria is met:
(1) The sponsor’s compliance with the requirement is unnecessary for the agency to evaluate the application, or compliance cannot be achieved;
(2) The sponsor’s proposed alternative satisfies the requirement; or
(3) The applicant’s submission otherwise justifies a waiver.
FDA shall provide a written determination …..days after FDA receives the IND or earlier.
30
Phase 1 includes
a) typically closely monitored and may be conducted in patients or normal volunteer subjects.
2) determine the metabolism and pharmacologic actions of the drug in humans, the side effects associated with increasing doses, and, if possible, to gain early evidence on effectiveness.
3) sufficient information about the drug’s pharmacokinetics and pharmacological effects should be obtained.
4) The total number of subjects is generally in the range of 20 to 80.