Control of Clinical Trials Act, 1987
I mbeagán focal
Is éard atá sa dlí seo ná rialú a dhéanamh ar thrialacha cliniciúla ina ndéantar substaintí nó ullmhóidí a thabhairt do dhaoine chun a n-éifeachtaí a fháil amach, go háirithe má d'fhéadfadh éifeacht cógaseolaíoch nó díobhálach a bheith acu. Bunaíonn sé próiseas ceadaithe agus rialacha maidir le conas ba cheart na trialacha seo a dhéanamh.
Cad a rialaíonn sé
- An próiseas chun cead a fháil chun triail chliniciúil a dhéanamh.
- Na coinníollacha faoina bhféadfar triail chliniciúil a dhéanamh.
- Ról na gcoistí eitice maidir le trialacha cliniciúla a cheadú.
- Na rialacha maidir le rannpháirtithe i dtrialacha cliniciúla agus faisnéis faoi thrialacha.
Cé dó a mbaineann sé
- Daoine a mholann trialacha cliniciúla a eagrú nó a dhéanamh.
- Daoine a ghlacann páirt i dtrialacha cliniciúla.
Príomhphointí
- Ní mór iarratas a dhéanamh chuig an Aire chun triail chliniciúil a dhéanamh, ag soláthar faisnéise mionsonraithe faoin triail agus faoin tsubstaint.
- Ní mór don Aire, tar éis dul i gcomhairle leis an mBord Comhairleach Náisiúnta Drugaí, cead a dheonú nó a dhiúltú laistigh de 12 sheachtain.
- Ní féidir triail a dhéanamh go dtí go mbeidh cead tugtha ag an gcoiste eitice don triail.
- Féadfar ceadanna a leasú, ach ní mór don Aire agus don choiste eitice an leasú a cheadú.
Legal text
Control of Clinical Trials Act, 1987 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
- ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
- ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
- s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1987 Control of Clinical Trials Act, 1987 Control of Clinical Trials Act, 1987 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 28 of 1987 CONTROL OF CLINICAL TRIALS ACT, 1987 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Restriction on application of Act, etc. 3. Application to undertake clinical trial. 4. Grant of, or refusal to grant, permission to undertake clinical trial. 5. Amendment of permission to undertake clinical trial. 6. Conducting of clinical trial. 7. Revocation of permission to undertake clinical trial. 8. Ethics committees. 9. Participants in clinical trial. 10. Security for compensation. 11. Information on clinical trials and reports. 12. Incorrect or misleading information, etc. 13. Offences. 14. Onus of proof of pharmacological or harmful effect. 15. Penalties. 16. Fees. 17. Regulations. 18. Expenses. 19. Short title and commencement. Acts Referred to Dentists Act, 1985 1985, No. 9 Medical Practitioners Act, 1978 1978, No. 4 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Pharmacy Acts, 1875 to 1977 Public Offices Fees Act, 1879 1879, c. 58 Number 28 of 1987 CONTROL OF CLINICAL TRIALS ACT, 1987 AN ACT TO PROVIDE FOR CONTROL OVER THE ADMINISTRATION OF ONE OR MORE SUBSTANCES OR PREPARATIONS TO PERSONS FOR THE PURPOSE OF ASCERTAINING THE EFFECTS (INCLUDING KINETIC EFFECTS) OF THE ADMINISTRATION OF SUCH SUBSTANCES OR PREPARATIONS ON THOSE PERSONS WHERE SUCH ADMINISTRATION MAY HAVE A PHARMACOLOGICAL OR HARMFUL EFFECT, TO PROVIDE FOR ETHICS COMMITTEES IN RELATION TO THE FOREGOING AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1987] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—
- a)The provisions of this Act shall not apply in respect of any clinical trial which is being conducted at the commencement of this Act. (
- b)Where any arrangements to undertake or to conduct a clinical trial were or were being made before the commencement of this Act and where paragraph (
- a)does not apply, then such arrangements shall, for the purpose of an application under section 3 , be treated as if they had not been made otherwise than in accordance with that section.
- a)the National Drugs Advisory Board— (
- i)have been notified in writing of the proposal, and (
- ii)are satisfied with the composition of a committee appointed to consider the justification for conducting the proposed clinical trial and the circumstances under which the proposed trial is to be conducted, and (iii) have received such information, evidence, documents, samples or other materials that they may have, not later than 4 weeks after being so notified, requested in relation to the proposed clinical trial, and (
- b)the conditions under which the product authorisation was granted are complied with in respect of the substance or preparation concerned.
- a)there is in force in respect of the substance or preparation concerned a product authorisation granted under the Medical Preparations (Licensing, Advertisement and Sale) Regulations, 1984, and (
- b)the purpose of the clinical trial is to determine the effect of a new use for the substance or preparation concerned, then the provisions of sections 3 to 6 and sections 8 to 11 shall not apply where— (
- i)the National Drugs Advisory Board have been notified in writing of the proposal and have, not later than 6 weeks after being so notified, made a recommendation to the Minister on the proposal, and (
- ii)the Minister has granted permission for the proposed trial to be undertaken, and (iii) in respect of the substance or preparation concerned, the conditions relating to dosage form contained in the product authorisation so granted are complied with when the clinical trial is being conducted and the dosage administered in each case does not exceed that specified in the said authorisation. Application to undertake clinical trial. 3.—
- a)the name, address and description of the applicant, (
- b)sufficient information to enable a scientific evaluation to be made of the proposed clinical trial and of the substance or preparation which it is proposed to administer in the course of that trial, (
- c)the identity (which includes the qualifications of each member) of the ethics committee, (
- d)the name, address and qualifications of each person who would conduct the clinical trial, (
- e)the criteria to be used for the recruitment and the selection of participants, (
- f)details of any proposed inducements or rewards, whether monetary or otherwise, to be made for becoming or being a participant, (
- g)such further information, evidence, documents, samples and other materials as may be necessary to indicate the nature of the trial, and (
- h)the appropriate fee (if any) specified by the Minister by virtue of section 16 .
- i)grant permission for the proposed clinical trial to be undertaken in accordance with the application, or (
- ii)grant permission for the proposed clinical trial to be undertaken in accordance with the application subject to such modifications or conditions as he may specify, or (iii) refuse to grant permission for the proposed clinical trial to be undertaken.
- b)in the case of a clinical trial which has been approved by the ethics committee— (
- i)until the committee has given its approval to the amendment, and (
- ii)in respect of each person to whom one or more substances or preparations are to be administered, until the person who has given or gives his consent in accordance with section 9 has been made aware of such matters (if any) as the committee considers he should be made aware of having regard to the amendment. Conducting of clinical trial. 6.—
- a)he is a registered medical practitioner or a registered dentist, (
- b)there is a subsisting permission granted by the Minister under section 4 in respect of the trial, and (
- c)the provisions of section 4
- a)where (
- i)the administration of one or more substances or preparations, as the case may be, is on a patient in the ordinary course of medical practice (in the case of a registered medical practitioner) or of dental practice (in the case of a registered dentist) and (
- ii)the principal purpose of that administration is the welfare of the patient, or (
- b)where the substance or preparation concerned is to be administered to persons undergoing a course of training leading to a qualification which will entitle such a person to be registered as a registered medical practitioner or as a registered dentist or as a registered pharmaceutical chemist and where it is to be administered as part of such a course of training, or (
- c)for the purpose of examining the nutritional effect of the substance or preparation concerned where that substance or preparation is a normal dietary constituent; “registered pharmaceutical chemist” means a person registered in the Register of Pharmaceutical Chemists for Ireland maintained under the Pharmacy Acts, 1875 to 1977. Revocation of permission to undertake clinical trial. 7.—The Minister may, at any time and after consultation with the National Drugs Advisory Board, revoke a permission granted under this Act to undertake a clinical trial if he is of the opinion that— (
- a)the trial or any part thereof is being conducted in a manner which is not in accordance with the permission, or (
- b)for any other reason, the trial should not continue, and he shall communicate the reason for his revocation of the permission to the person who had been granted the permission. Ethics committees. 8.—
- a)the objectives of the proposed trial and its planning and organisational structure; (
- b)the qualifications and competence of each person who would conduct the clinical trial and, where appropriate, the resources available to him; (
- c)the criteria to be used for the recruitment and the selection of participants; (
- d)the procedures proposed for compliance with section 9 ; (
- e)the extent and nature of the medical examination that persons selected as participants are to undergo before participating in the clinical trial; (
- f)the extent to which the health of participants is proposed to be monitored during and after the clinical trial; (
- g)whether or not the persons selected as participants are to undergo independent medical examination before, during or after the clinical trial; (
- h)details of the proposed method or methods by which participants are to be recruited; (
- i)details of any proposed inducements or rewards, whether monetary or otherwise, to be made for becoming or being a participant; (
- j)any payments, whether monetary or otherwise, to be made to a person for conducting the clinical trial or any part of the trial; (
- k)the criteria to be used to ensure that the identity of each participant remains confidential; (
- l)any payments, whether monetary or otherwise, to be made to any person for facilities used for the purposes of the clinical trial; (
- m)such other matters as may be prescribed by regulations made by the Minister under this Act.
- a)the person so consenting is capable of comprehending the nature, significance and scope of his consent, and (
- b)it is obtained by or on behalf of the person conducting the clinical trial.
- a)the objectives of the trial, (
- b)the manner in which the substance or preparation is to be administered, (
- c)the risks and any discomfort involved in, and the possible side-effects of, the trial, (
- d)whether or not a pharmacologically inactive substance or preparation is to be administered to some persons in respect of each of whom a consent has been given to being a participant in the trial in accordance with this section, (
- e)such other matters (if any) as may be— (
- i)prescribed by regulations made by the Minister under this Act, or (
- ii)specified in the permission granted by the Minister under section 4 .
- a)conduct a clinical trial, or (
- b)administer any substance or preparation for the purpose of a clinical trial, unless such person establishes to the satisfaction of the ethics committee that he can provide sufficient security to ensure that adequate funds are available to provide appropriate compensation for each participant who may suffer injury or loss as a result of the trial.
- a)in respect of any place under his control which the Minister reasonably believes is being or has been used in connection with the trial, permit any person, duly authorised by the Minister, to inspect such place for the purpose of determining whether or not the permission to undertake the trial is being or was complied with, (
- b)comply with any request for information in relation to the progress of the trial which the Minister or any person duly authorised by him may from time to time request, and (
- c)upon becoming aware of or suspecting any adverse reaction affecting a participant as a consequence of the trial being conducted, forthwith report that fact to the Minister.
- a)for the purpose of an application to undertake a clinical trial, or (
- b)in relation to a clinical trial, which are incorrect or misleading.
- a)Subject to paragraph (b), any person who contravenes (by act or omission) any provision of this Act or any regulation under this Act or of any permission to which this Act relates shall be guilty of an offence under this section. (
- b)It shall be a good defence to a prosecution for an offence under this section relating to the administration by a person of one or more substances or preparations to show that the substances or preparations were administered for the purpose of providing emergency medical or dental treatment.
- b)It shall be a good defence to a prosecution for an offence under paragraph (
- a)for a person to show that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his position as director, manager, secretary or other officer and to all the circumstances.
- a)the scale of fees payable in respect of notifications or applications made under this Act, and (
- b)such charges as he considers appropriate in relation to any matter connected with a notification or an application made or a permission granted under this Act.