-Caveat Lector-

FDA cedes decision-making power of necessity for INFORMED CONSENT with
regard to use of experimental biological agents or drugs on military
personnel to the Executive Office of the President.
Comment period ends December 20, 1999 (address below).

Dave Hartley
http://www.Asheville-Computer.com/issues
http://www.ioa.com/~davehart

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration
21 CFR Parts 50 and 312
RIN 0910-AA89
[Docket No. 90N-0302]

Human Drugs and Biologics; Determination That Informed Consent Is
NOT Feasible or Is Contrary to the Best Interests of Recipients;
Revocation of 1990 Interim Final Rule; Establishment of New Interim
Final Rule

AGENCY: Food and Drug Administration, HHS.
ACTION: Interim final rule; opportunity for public comment.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is revoking its 1990
interim final regulations that permitted the Commissioner of Food and
Drugs (the Commissioner) to determine that obtaining informed consent
from military personnel for the use of an investigational drug or
biologic is not feasible in certain situations related to military
combat. FDA also is issuing a new interim final rule addressing waiver
of informed consent in military operations. FDA is taking these actions
based on its analysis and consideration of all relevant facts,
including its evaluation of the Department of Defense's (DOD)
experience during the Persian Gulf War, its evaluation of the comments
received by the agency in response to the agency's July 31, 1997,
request for comments on whether the agency should revise or revoke the
interim regulations, and the enactment of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (the Defense
Authorization Act). Under the Defense Authorization Act, the President
is authorized to waive the Federal Food, Drug, and Cosmetic Act's (the
act) informed consent requirements in military operations if the
President finds that obtaining consent is infeasible or contrary to the
best interests of recipients and on an additional ground that obtaining
consent is contrary to national security interests. In light of the
enactment of the Defense Authorization Act, with an immediate effective
date, and because the President could be called upon to make a waiver
determination for military personnel engaged in a specific military
operation at any time, the agency believes that it is critical to have
in place adequate criteria and standards for the President to apply in
making an informed consent waiver determination. Therefore, FDA is
issuing a new interim final regulation with an immediate effective date
to establish criteria and standards for the President to apply in
making a determination that informed consent is not feasible or is
contrary to the best interests of the individual recipients.

DATES: Effective October 5, 1999. Submit written comments by December
20, 1999.

ADDRESSES: Submit written comments to the Dockets Management Branch
(HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Bonnie M. Lee, Division of Compliance
Policy, Office of Enforcement, Office of Regulatory Affairs (HFC-230),
Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857,
301-827-0415.

(CONTINUED)......................

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