Remote Access to PHI

7/13/2018

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) released a guidance 21st Century Cures Act Guidance: Remote Access to PHI for Activities Preparatory to Research in December 2017 to clarify how protected health information (PHI) may be used via remote electronic access for research preparation activities.

Background:

  • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule found in 45 CFR Part 160 and Subparts A and E of Part 164 describe how PHI may be used for research by a covered entity.

FDA Drafts Guidance for Consideration for Inclusion of Pregnant Women in Clinical Trials – Part 3

6/9/2018

In Part 1 of our blog series about Food and Drug Administration (FDA)’s draft guidance entitled Pregnant Women: Scientific and Ethical Considerations for Inclusion in Clinical Trials: Guidance for Industry, we discussed the introduction and background, and in Part 2 we discussed ethical considerations. Now in Part 3, we will discuss other considerations for enrolling pregnant women in clinical trials.

FDA Drafts Guidance for Consideration for Inclusion of Pregnant Women in Clinical Trials – Part 2

6/7/2018

In Part 1 of our blog series about the Food and Drug Administration (FDA)’s draft guidance on inclusion of pregnant women in clinical trials entitled Pregnant Women: Scientific and Ethical Considerations for Inclusion in Clinical Trials: Guidance for Industry, we discussed the introduction and background behind the draft guidance. The FDA identified some risk-based ethical considerations for inclusion of pregnant women, including availability of other treatment options, the type and severity of the disease or condition being treated, and the stage of development of the drug (approved or investigational). The FDA recommends the sponsor consult an ethicist to evaluate the trial design, and the sponsor should have discussions with the FDA, including bioethics and maternal health experts, early in the development stage. In any case, the sponsor must follow the regulations for human subject protections.

The FDA Released Draft Guidance for Expanded Abbreviated 510(k) Program – Part 2

6/3/18

In Part 1 of our blog, we discussed the introduction, background, and policy for the US Food and Drug Administration (FDA) draft guidance Expansion of the Abbreviated 510(k) Program: Demonstrating Substantial Equivalence through Performance Criteria. We will continue Part 2 of our blog with appropriate use of the Expanded Abbreviated 510(k) pathway, FDA’s identification of performance criteria, and data submission to the FDA.