November 13, 2018 Letter to the HHS Secretary

The Honorable Alex M. Azar II
Secretary of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201

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:
 
1. Response to the Office of Inspector General Report, July 7, 2017: “OHRP Generally Conducted Its Compliance Activities Independently, But Changes would Strengthen Its Independence”
2. Interpretation of Revised Common Rule Exemptions §46.104(d)(1) and (2)
3. New “Key Information” Informed Consent Requirements
4. Parental Permission in Research involving Children, Focusing on “Not Reasonably Available”
5. 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 Committee
on Human Research Protections
(SACHRP)
 
cc:   Jerry Menikoff, M.D., J.D., Executive Secretary, SACHRP
        Julia Gorey, J.D., Executive Director, SACHRP
 
Meeting Members:
Sandra H. Berry, M.A.
Senior Behavioral Scientist
Chair, Human Subjects Protection Committee
RAND Corporation
Santa Monica, California
 
Diana T. Chingos, M.S., M.F.A.
Patient Advocate in Research
Los Angeles, California
 
Holly Fernandez-Lynch, J.D.,
M. Bioethics
Harvard Law School
Cambridge, Massachusetts
 
Nancy M.P. King, J.D.
Wake Forest University
Winston-Salem, North Carolina
 
Stephen Rosenfeld, M.D., M.B.A.
Quorum Review IRB
Seattle, Washington
 
Leslie Wolf, J.D., M.P.H.
Director of the Center of Law, Health and Society
Georgia State University
Atlanta, Georgia
 
Jerry Menikoff, M.D., J.D.
Executive Secretary
Rockville, Maryland
 
Julia Gorey, J.D.
Executive Director
Rockville, Maryland
 

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