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SACHRP Recommendations
November 13, 2018 Letter to the HHS Secretary
November 13, 2018
The Honorable Alex M. Azar II
Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Recommendation Letter
Dear Mr. Azar:
On behalf of the Secretary’s Advisory Committee on Human Research Protections (SACHRP), I respectfully submit for your consideration recommendations relevant to the Department of Health and Human Services (HHS) human subjects protection regulations at 45 CFR part 46. These recommendations were presented to SACHRP by the co-chairs of SACHRP’s two subcommittees, the Subcommittee on Harmonization and the Subpart A Subcommittee, and were approved at the meeting held October 16-17, 2018. SACHRP’s charge to the Subcommittee on Harmonization (SOH) is to identify and prioritize areas in which regulations or guidelines for human subjects research adopted by various agencies or offices within HHS would benefit from harmonization, consistency, clarity, simplification and/or coordination. The Subcommittee develops recommendations for consideration and possible adoption by SACHRP to harmonize and simplify these guidelines and regulations. The goal of this subcommittee effort is to reduce unnecessary burdens on research efforts, thus resulting in better allocation of research resources and promoting the safety and welfare of human subjects. SACHRP’s charge to the Subpart A Subcommittee (SAS) is to review and assess all provisions of subpart A of 45 CFR part 46 (HHS’ codification of the Federal Policy for the Protection of Human Subjects, also known as the Common Rule) and relevant Office for Human Research Protections (OHRP) guidance documents, and based on this review and ongoing assessment, to develop recommendations for consideration by SACHRP in three categories: (1) recommendations on interpretation of subpart A provisions; (2) recommendations for development of new, or modification of existing, OHRP guidance; and (3) recommendations for possible revision of subpart A. The goals of this review and assessment of subpart A of 45 CFR part 46 are threefold: (1) to enhance the protection of human subjects; (2) to reduce, where possible, regulatory burdens that do not contribute to the protection of subjects in a meaningful way; and (3) to promote scientifically and ethically valid research. During the October SACHRP meeting, this committee approved the following sets of recommendations for consideration:
On behalf of the Secretary’s Advisory Committee on Human Research Protections (SACHRP), I respectfully submit for your consideration recommendations relevant to the Department of Health and Human Services (HHS) human subjects protection regulations at 45 CFR part 46. These recommendations were presented to SACHRP by the co-chairs of SACHRP’s two subcommittees, the Subcommittee on Harmonization and the Subpart A Subcommittee, and were approved at the meeting held October 16-17, 2018. SACHRP’s charge to the Subcommittee on Harmonization (SOH) is to identify and prioritize areas in which regulations or guidelines for human subjects research adopted by various agencies or offices within HHS would benefit from harmonization, consistency, clarity, simplification and/or coordination. The Subcommittee develops recommendations for consideration and possible adoption by SACHRP to harmonize and simplify these guidelines and regulations. The goal of this subcommittee effort is to reduce unnecessary burdens on research efforts, thus resulting in better allocation of research resources and promoting the safety and welfare of human subjects. SACHRP’s charge to the Subpart A Subcommittee (SAS) is to review and assess all provisions of subpart A of 45 CFR part 46 (HHS’ codification of the Federal Policy for the Protection of Human Subjects, also known as the Common Rule) and relevant Office for Human Research Protections (OHRP) guidance documents, and based on this review and ongoing assessment, to develop recommendations for consideration by SACHRP in three categories: (1) recommendations on interpretation of subpart A provisions; (2) recommendations for development of new, or modification of existing, OHRP guidance; and (3) recommendations for possible revision of subpart A. The goals of this review and assessment of subpart A of 45 CFR part 46 are threefold: (1) to enhance the protection of human subjects; (2) to reduce, where possible, regulatory burdens that do not contribute to the protection of subjects in a meaningful way; and (3) to promote scientifically and ethically valid research. During the October SACHRP meeting, this committee approved the following sets of recommendations for consideration:
- Response to the Office of Inspector General Report, July 7, 2017: “OHRP Generally Conducted Its Compliance Activities Independently, But Changes would Strengthen Its Independence”
- Interpretation of Revised Common Rule Exemptions §46.104(d)(1) and (2)
- New “Key Information” Informed Consent Requirements
- Parental Permission in Research involving Children, Focusing on “Not Reasonably Available”
- Transition Provisions and Informed Consent Requirements of the Revised Common Rule
On behalf of SACHRP, I would like to thank you for your consideration of these recommendations. The committee, the Subpart A Subcommittee and the Subcommittee on Harmonization have been actively working in pursuit of their charges, and remain dedicated to continuing this work to enhance human subjects protections for the benefit of all Americans.
Sincerely,
/s/
Stephen Rosenfeld, M.D.Chair, Secretary’s Advisory Committeeon Human Research Protections(SACHRP)
Enc.
cc: Jerry Menikoff, M.D., J.D., Executive Secretary, SACHRPJulia Gorey, J.D., Executive Director, SACHRP
Stephen Rosenfeld, M.D.Chair, Secretary’s Advisory Committeeon Human Research Protections(SACHRP)
Enc.
cc: Jerry Menikoff, M.D., J.D., Executive Secretary, SACHRPJulia Gorey, J.D., Executive Director, SACHRP
Meeting Members:
Sandra H. Berry, M.A.Senior Behavioral ScientistChair, Human Subjects Protection CommitteeRAND CorporationSanta Monica, California
Diana T. Chingos, M.S., M.F.A.Patient Advocate in ResearchLos Angeles, California
Holly Fernandez-Lynch, J.D.,M. BioethicsHarvard Law SchoolCambridge, Massachusetts
Nancy M.P. King, J.D.Wake Forest UniversityWinston-Salem, North Carolina
Diana T. Chingos, M.S., M.F.A.Patient Advocate in ResearchLos Angeles, California
Holly Fernandez-Lynch, J.D.,M. BioethicsHarvard Law SchoolCambridge, Massachusetts
Nancy M.P. King, J.D.Wake Forest UniversityWinston-Salem, North Carolina
Stephen Rosenfeld, M.D., M.B.A.Quorum Review IRBSeattle, Washington
Leslie Wolf, J.D., M.P.H.Director of the Center of Law, Health and SocietyGeorgia State UniversityAtlanta, Georgia
Jerry Menikoff, M.D., J.D.Executive SecretaryRockville, Maryland
Julia Gorey, J.D.Executive DirectorRockville, Maryland
Leslie Wolf, J.D., M.P.H.Director of the Center of Law, Health and SocietyGeorgia State UniversityAtlanta, Georgia
Jerry Menikoff, M.D., J.D.Executive SecretaryRockville, Maryland
Julia Gorey, J.D.Executive DirectorRockville, Maryland
Related Recommendations
Attachment E - Transition Provisions and Informed Consent Req.Attachment D - Parental Permission in Research involving ChildrenAttachment C -New "Key Information" Informed Consent RequirementsAttachment B - Interpretation Revised Common Rule ExemptionsAttachment A - Response Off. Inspector Gen. Report, July 7, 2017
Content created by Office for Human Research Protections (OHRP)Content last reviewed November 19, 2018