Control of Clinical Trials Act, 1987
What is this act about?
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.
Who it applies to: Daoine a mholann trialacha cliniciúla a eagrú nó a dhéanamh; Daoine a ghlacann páirt i dtrialacha cliniciúla.
At a glance
- Country
- Ireland
- Area of law
- Energy and network industries
- Articles
- 19
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- 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.
Who does this act apply to?
- Daoine a mholann trialacha cliniciúla a eagrú nó a dhéanamh.
- Daoine a ghlacann páirt i dtrialacha cliniciúla.
What are the key points?
- 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.
Energy and network industries
Legal text
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
Section 1
Interpretation.
Section 2
Restriction on application of Act, etc.
Section 3
Application to undertake clinical trial.
Section 4
Grant of, or refusal to grant, permission to undertake clinical trial.
Section 5
Amendment of permission to undertake clinical trial.
Section 6
Conducting of clinical trial.
Section 7
Revocation of permission to undertake clinical trial.
Section 8
Ethics committees.
Section 9
Participants in clinical trial.
Section 10
Security for compensation.
Section 11
Information on clinical trials and reports.
Section 12
Incorrect or misleading information, etc.
Section 13
Offences.
Section 14
Onus of proof of pharmacological or harmful effect.
Section 15
Penalties.
Section 16
Fees.
Section 17
Regulations.
Section 18
Expenses.
Section 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.—(1) In this Act except where the context otherwise requires— “administered”, in relation to substances and preparations, means the administration either directly or indirectly to a person of one or more substances or preparations by introduction into the body (whether orally, by injection or in any other way) or by external application (whether by direct contact with the body or not) and a reference to the administration to a person of one or more substances or preparations shall be construed accordingly; “clinical trial” shall be construed in accordance with section 6 ; “conduct a clinical trial” has the same meaning as it has in section 6 ; “ethics committee” shall be construed in accordance with section 8 ; “the Minister” means the Minister for Health; “participant”, in relation to a clinical trial, means a person to whom one or more substances or preparations are administered in the course of the clinical trial; “registered dentist” means a person registered in the Register of Dentists established under the Dentists Act, 1985 ; “registered medical practitioner” means a person registered in the General Register of Medical Practitioners established under the Medical Practitioners Act, 1978 .
Restriction on application of Act, etc.
2.—(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.
Application to undertake clinical trial.
3.—(1) A person who proposes to arrange for the conducting of a clinical trial shall apply to the Minister for permission to make such arrangements before the trial is undertaken and every application for such permission shall be accompanied by— (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 .
Grant of, or refusal to grant, permission to undertake clinical trial.
4.—(1) Where in relation to a proposal to arrange for the conducting of a clinical trial— (a) an application has been made in accordance with section 3
Amendment of permission to undertake clinical trial.
5.—(1) Where, in relation to a subsisting permission granted by the Minister under section 4 (whether or not previously amended by virtue of this section), it is proposed to do, or refrain from doing, any act in relation to the proposed clinical trial or the clinical trial (as the case may be) otherwise than in accordance with the permission, then the person who applied for the permission shall make an application to the Minister for an amendment thereof and the Minister shall, after consultation with the National Drugs Advisory Board and not later than 6 weeks after the application for the amendment was so made, either agree or not agree to the amendment of the permission.
Conducting of clinical trial.
6.—(1) A person shall not conduct a clinical trial unless— (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
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.—(1) Where the Minister is satisfied that a proposed ethics committee for a clinical trial is competent to consider the justification for conducting the proposed clinical trial and the circumstances under which it is to be conducted, he shall give his approval of the proposed committee, which shall thereupon become the ethics committee for the proposed clinical trial and, where the ethics committee gives its approval in accordance with subsection (2), for the clinical trial.
Participants in clinical trial.
9.—(1) A person shall not be a participant in a clinical trial unless a consent to such participation has been given in accordance with this section.
Provided that a clinical trial to which this subsection relates may be conducted only if the substance or preparation under trial is to be administered for the purpose of saving the life of such a person, restoring his health, alleviating his condition or relieving his suffering.
Security for compensation.
10.—(1) A person shall not— (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.
Information on clinical trials and reports.
11.—(1) Every person who conducts a clinical trial shall— (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.
Incorrect or misleading information, etc.
12.—(1) No person shall provide or cause to be provided to another person any information, evidence, documents, samples or other materials— (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.
Offences.
13.—(1) (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.
Onus of proof of pharmacological or harmful effect.
14.—Where, in a prosecution for an offence under section 13 , it is alleged in respect of one or more substances or preparations that they have been or were intended to be administered to persons for the purpose of a clinical trial, it shall be presumed, until the contrary is shown by the person charged, that they may have a pharmacological or harmful effect if so administered.
Penalties.
15.—A person guilty of an offence under section 13 shall be liable— (a) on summary conviction, to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding 12 months, or to both, or (b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 3 years, or to both.
Fees.
16.—(1) The Minister may, with the consent of the Minister for Finance, specify— (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.
Regulations.
17.—(1) The Minister may make such regulations as appear to him to be necessary or expedient to implement the provisions of this Act.
Expenses.
18.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Short title and commencement.
19.—(1) This Act may be cited as the Control of Clinical Trials Act, 1987.
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