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Division of AIDS (DAIDS) Site Clinical Operations and
Research Essentials (SCORE) Manual: Informed Consent of
Participants
Table of Contents
Informed Consent of Participants ........................................................................................ 3
CRS-specific Informed Consent Form Development ....................................................... 3
Approval of CRS-specific Informed Consent Forms ........................................................ 4
Implementation of Approved Informed Consent Forms ................................................... 4
Process for Obtaining Informed Consent from Participants ............................................. 5
Screening and Enrollment Informed Consent Forms .................................................... 5
Requirements for the Person Obtaining Informed Consent .......................................... 5
Parameters for Consenting Participants ....................................................................... 6
Consenting Language ...................................................................................................... 7
Use of Short-Form Informed Consent Forms ................................................................ 8
Consenting Illiterate Individuals ....................................................................................... 9
Consenting Populations Requiring Additional Protections ............................................... 9
Minors in Clinical Research ........................................................................................... 10
CRS-specific Responsibilities for Enrolling Minors (including Adolescents) in Clinical
Research .................................................................................................................... 11
Obtaining Parental/Legal Guardian Permission and Legally Authorized Representative
Permission ..................................................................................................................... 11
Parental/Legal Guardian Permission .......................................................................... 11
Legally Authorized/Acceptable Representative Permission ........................................ 12
Ongoing Consent Process ............................................................................................. 12
Addenda ..................................................................................................................... 14
CRS Considerations to Prevent Delays in Implementing Revised Informed Consent
Forms ......................................................................................................................... 14
Closing Clinical Research ........................................................................................... 15
Documenting Informed Consent .................................................................................... 15
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Considerations for Signatures on Informed Consent Forms .......................................... 16
Waiving the Requirement for Signed Informed Consent Forms ..................................... 16
Electronic Informed Consent Guidance ............................................................................. 17
Approval for Electronic Informed Consent ..................................................................... 17
Electronic Informed Consent Process ............................................................................ 17
Electronic Informed Consent Confidentiality ............................................................... 18
Electronic Informed Consent Assent ........................................................................... 18
Documenting Electronic Informed Consent ................................................................... 18
Appendices ....................................................................................................................... 19
References ........................................................................................................................ 20
Version History .................................................................................................................. 21
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Informed Consent of Participants
Clinical Research Sites (CRSs) are required to develop CRS-specific informed consent
forms (ICFs) from the DAIDS-provided protocol/sample ICFs, and to get these ICFs
approved from the required entities before administering them to clinical research
participants.
The United States (U.S.) Health and Human Services (HHS) 45 Code of Federal
Regulations (CFR) part 46 which includes the revised Common Rule, International
Council for Harmonisation (ICH) Good Clinical Practices (GCP), also referred to as ICH
E6, U.S. Food and Drug Administration (FDA) 21 CFR part 50, other applicable health
authorities, and local laws and regulations mandate certain protections for clinical
research participants, depending on the risk level they may encounter when
participating in clinical research.
Note: All clinical research conducted or supported by National Institute of Allergy and
Infectious Diseases (NIAID) must comply with 45 CFR part 46.
For each study, the Protocol team works with DAIDS Clinical Trials Networks to create
protocol/sample ICF templates that accurately reflect the content of the protocol
document, and meets all applicable regulations, laws, institutional policies and
procedures including:
• U.S. CFR requirements from 45 CFR part 46.116.
• National Institutes of Health (NIH), National Institute of Allergy and Infectious
Diseases (NIAID), DAIDS policies and any other applicable requirements.
• ICH E6 section 4.8, “Informed Consent of Trial Subjects.”
• Other applicable health authorities (such as FDA, European Medicines Agency
(EMA), South African Health Products Regulatory Authority (SAHPRA), etc.).
• U.S. FDA-mandated ClinicalTrials.gov language for applicable clinical trials (21
CFR part 50.25[c]).
The Principal Investigator (PI)/Investigator of Record (IoR) must use the DAIDS-
provided protocol/sample ICF to create the CRS-specific ICF.
CRS-specific Informed Consent Form Development
When customizing a DAIDS-provided protocol/sample ICF to create a CRS-specific ICF,
the PI/IoR must ensure that the CRS follows any Institutional Review Board (IRB)/Ethics
Committee (EC) and/or local requirements (e.g., local laws and regulations and
institutional policies and procedures). In the absence of specific local requirements for
consent, CRSs must follow ICH E6 and U.S. CFR requirements when participating in
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DAIDS clinical research, if reviewed and approved by their local IRB/EC and/or
Regulatory Entity (RE)/Regulatory Authority (RA). Refer to the DAIDS Protocol
Registration Manual for additional guidance on developing CRS-specific ICFs.
CRS-specific ICFs will contain information unique to the CRS (e.g., CRS address,
contact information, PI/IoR, clinical research staff, etc.).
If required by country regulations, CRSs must add applicable insurance information to
the CRS-specific ICFs and adopt/revise the following language, as appropriate:
“Consistent with in-country guidelines (add as appropriate: regulations, laws,
institutional policies, etc.), our clinic has purchased insurance to cover your
medical treatment for trial-related physical injuries that you are experiencing
from participating in this clinical trial. We can also provide compensation for
(add/clarify as appropriate: type of non-physical research-related injury
compensation coverage provided by the site’s policy, e.g., psychological such
as emotional distress, social such as family discrimination, financial such as lost
wages, etc.).”
Approval of CRS-specific Informed Consent Forms
CRSs must submit their initial, CRS-specific ICFs for clinical research to their applicable
local IRB/EC and/or RE/RA for review and approval (herein after referred to as
approved ICF). CRSs must then submit the approved initial ICFs to the Protocol
Registration Office (PRO) for review and approval.
If the IRB/EC and/or RE/RA requires substantial changes to the content related to the
DAIDS-provided protocol/sample ICF, CRS staff must consult with PRO to document
these changes.
The CRS must also submit all subsequent, revised, CRS-specific ICFs to the applicable
IRB/EC and/or RE/RA for approval. For additional guidance on required approvals from
PRO please refer to the DAIDS Protocol Registration Manual.
Implementation of Approved Informed Consent Forms
CRS can only implement initial ICFs after all of the required approvals are in place. For
the initial ICF, PRO approval is required before consenting potential participants.
Once the CRS receives all required approvals, they can consent participants with these
approved ICFs.
Note: CRSs MUST submit all approved, revised ICFs to PRO; however, CRSs do not
have to wait for PRO to approve the revised ICFs to administer them to participants.
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Process for Obtaining Informed Consent from Participants
The Informed Consent is a process by which potential participants voluntarily confirm
their willingness to participate in clinical research, after having been informed of all
aspects of the clinical research that are relevant to the participant’s decision to
participate in the clinical research (ICH E6 section 1.28).
The consent process starts with participant recruitment, when potential participants are
first contacted with the clinical research information. Any clinical research–specific
materials used to recruit participants, such as social media platforms, digital advertising,
or posters/brochures/flyers, must be reviewed and approved by the IRB/EC and/or
RE/RA as applicable prior to use.
All CRSs conducting DAIDS clinical research must develop and implement an Informed
Consent Process Standard Operating Procedure (SOP) that describes the CRS’s
consenting process and includes references to applicable ICH E6 requirements, local
laws, regulations, guidelines, and DAIDS policies. This SOP must describe how CRSs
are to document the consent process. The SOP must be submitted to the site’s Office of
Clinical Site Oversight (OCSO) Program Officer (PO) for review and approval per the
SCORE Manual’s Quality Management section.
Please see this section’s appendix CRS Requirements for the CRS-specific Informed
Consent Process Standard Operating Procedure for additional requirements of this
SOP.
Screening and Enrollment Informed Consent Forms
CRSs will screen potential participants for protocol eligibility criteria before enrolling
them in clinical research.
If a protocol/CRS uses a screening-specific ICF, participants are asked to provide
personally identifiable information and consent to a limited number of tests/procedures
to determine if they meet the inclusion/exclusion criteria and are eligible to enroll. If they
are found to be eligible for the clinical research, CRS staff must then obtain additional
consent using a separate enrollment ICF before enrolling the participant in the clinical
research.
Requirements for the Person Obtaining Informed Consent
PIs/IoRs can delegate the responsibility of conducting the consent process to qualified
CRS staff, if permissible by applicable local laws, regulations, and institutional policies.
Before delegating such responsibilities, PIs/IoRs must ensure that these CRS staff are
qualified by education, experience, documented training, and knowledge of the clinical
research.
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CRS staff who have a significant role in conducting the consent discussion and
obtaining consent must be listed on the Form FDA 1572 or DAIDS IoR Form and the
Delegation of Duties (DoD) Log.
In cases where the person obtaining informed consent is not the PI/IoR, the PI/IoR
should be available to answer any additional questions posed by the participants; this
requirement should be addressed in the site’s consent process SOP.
Parameters for Consenting Participants
CRSs must use a private setting to consent potential participants to ensure their comfort
and maintain confidentiality of the participant’s personally identifiable information.
To ensure a thorough and compliant consenting process, the person(s) obtaining
informed consent adheres to the following practices:
• Introduce themselves and provide information about the CRS.
• Speak plainly in a language understood by participants that facilitates their
understanding of the clinical research and allows them to make an informed
decision on whether to participate in the clinical research.
• Provide information about the clinical research, pathology, and any general
information that may help participants understand why they were invited to
participate in the clinical research trial.*
*Consider using an approved script to explain the clinical research for consistency.
• Present the ICF and/or recruitment materials and ensure that participants
understand the form contents by:
Reviewing all ICF elements in detail with potential participants.
Allowing participants ample time to read the ICF and other recruitment
materials on their own and ask questions about any information in the ICF.
*To facilitate this process, consider providing potential participants an unsigned,
approved copy of ICF and/or recruitment materials before the consenting visit so
they have time to read the form and consult with others as needed, before
deciding to participate in the clinical research.
• Never coerce or attempt to improperly influence a potential participant to enroll in
the clinical research.
Before any study-specific procedures (including screening) are conducted:
• Assess whether participants understood the ICF information presented to them,
document this assessment of understanding in the source documents (e.g.,
participant research record, study-provided assessment of understanding
form/questionnaire, etc.) and answer any questions, address any concerns, and
clarify any misunderstandings before all applicable parties sign the ICF.
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• The participant and the person obtaining consent must sign and date the consent
forms.
• Witnesses and/or Legally Authorized Representatives (LARs), if required by ICH
E6, HHS, local laws and regulations, or IRB/EC requirements, must participate in
the entire consent process and sign/date the ICF.
• Complete any other local requirements for the ICF signature, such as initialing all
ICF pages.
• Provide a copy of the signed ICF as per local requirements/SOP to participants
and document in the source documents that the ICF (original or copy) was
offered to the participants. The person obtaining consent must also note (in the
source documents) cases where participants refuse to take the signed ICF copy.
• Review the signed ICF and its documentation in the source documents to ensure
the person obtaining informed consent administered a proper consent process to
the participant.
Consenting Language
ICH E6 (section 4.8.6) and HHS/FDA regulations require Informed Consent information
be presented to participants using layperson terms to describe scientific and medical
terms, in participants’ native language or a language they understand.
If potential participants do not speak/understand the ICF language, CRSs should
present them with a consent document written in a language and at a language level
they understand. CRSs should not exclude potential participants from participating in
the clinical research due to language issues and barriers.
When PIs/IoRs can reasonably anticipate potential participants that may not
speak/understand the language used in the CRS-specific ICFs, they should submit
appropriately translated consent documents in these anticipated languages to the
IRB/EC and/or applicable RE/RA for approval. CRS-specific ICFs must meet the
following language requirements:
• All translated versions of the ICFs must include the same content as the CRS-
specific ICF, regardless of the language used.
• Translated ICFs do not have to use the same phrasing, language, and
organization (e.g., section numbering) as the CRS-specific ICFs; however, they
must include all concepts included in the CRS-specific ICFs.
• Translations must be either certified or documented appropriately (per a CRS
SOP) or according to the DAIDS Protocol Registration Manual).
Please refer to the Translation Requirements section of the DAIDS Protocol
Registration Manual for additional guidance.
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Use of Short-Form Informed Consent Forms
When permitted by the IRB/EC and local laws/regulations, CRSs may use an alternate
method to consent participants such as the use of a short-form ICF.
In this scenario, the person obtaining informed consent would present complete consent
information to the participant orally, in a language they understand. The CRS must
arrange for an impartial witness (defined below) and/or an interpreter to attend the
entire oral presentation. This individual must be fluent in the language used in the CRS-
specific ICF and the language understood by the participant.
Per ICH E6 (section 1.26), an impartial witness is “a person, who is independent of the
trial, who cannot be unfairly influenced by people involved with the trial, who attends the
informed consent process if the subject or the subject's legally acceptable
representative cannot read, and who reads the informed consent form and any other
written information supplied to the subject.”
An interpreter is an individual who provides an oral translation between speakers who
speak different languages.
Impartial witnesses and/or interpreters:
• Must be impartial third parties who are not connected with the clinical research
(i.e., not involved in the design, conduct, or reporting) and allowed per the CRS
Consent SOPs and Institutional Policies.
• May be a family member or friend, participant advocate, institution member not
involved in the clinical research or who does not work directly for the PI/IoR, or
anyone who can act in the participant’s best interest.
In addition to the detailed oral presentation, person obtaining consent must:
• Provide participants with a signed and dated short-form ICF, in a language
understood by the participant, that states the person obtaining consent presented
HHS and FDA required elements of consent orally. This short-form ICF must
state that the person obtaining consent presented participants with concise,
focused, key information most likely to assist potential participants in
understanding why they may want to participate in the clinical research (45 CFR
part 46.116[a][5][i]) before discussing other information about the study (45 CFR
part 46.117[b][2]).
• Provide participants with an approved written summary of their oral presentation
or approved ICF.
In this scenario, the impartial witness and/or an interpreter is needed to:
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• Corroborate that the participant’s consent was voluntary, and the consent
process was adequate.
• Ensure the informed consent information was accurately explained, and the
person obtaining informed consent/PI/IoR addressed the participant’s questions
satisfactorily.
While applicable rules may permit CRSs to use the procedures described above to
recruit and consent participants who do not speak any of the languages spoken by the
site staff, CRSs should consider how they will communicate with these participants
throughout the clinical research. Particularly for studies that carry more than minimal
risk, CRSs should plan how they will address future communications, e.g.: when
adverse events (AEs) require oral or written communication and an interpreter is not
available (occurs over the weekend).
Consenting Illiterate Individuals
CRSs may consent and enroll individuals who speak and understand the language used
for the consenting process (including ICFs) but do not read and write this language.
These individuals may participate in clinical research by consenting orally and either
“making a mark” or by adding a fingerprint/thumbprint on the ICF, as long as these
methods of consent meet applicable local laws and regulations, CRS Consent SOPs,
and institutional policies and procedures. In the participant’s research record, CRSs
must indicate why there is no participant signature, how they communicated with the
potential participant, and how the potential participant communicated agreement to
participate in the clinical research (e.g., participant used a thumbprint on the ICF). An
impartial witness must participate in the entire consent process, sign/date the consent
document, and add the participant's name and date in the ICF’s “participant” fields.
To ensure a complete understanding, CRSs may implement a process to assess
participant literacy, as needed. CRS must obtain required approvals before using
specific tools to assess participant literacy.
Consenting Populations Requiring Additional Protections
CRSs with adequate, established provisions (45 CFR part 46 subparts B, C, and D as
well as 21 CFR part 50 subpart D) may consider consenting potential participants that
require additional protections during the consent process, such as pregnant women,
fetuses and neonates, or participants that are vulnerable to coercion or undue influence.
Vulnerable populations may include minors; prisoners; wards; individuals with impaired
decision-making capacity; ethnic minorities; members of a group with a hierarchical
structure; individuals with incurable diseases; individuals in nursing homes; refugees;
individuals in emergency situations; lesbian, gay, bisexual, transgender and
queer/questioning (LGBTQ) populations; individuals from minority religious groups;
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women in some global cultures such as with limited rights; and economically or
educationally disadvantaged individuals. CRSs must communicate with the Protocol
Team before enrolling any participants that require additional protections to seek
approval unless a specific protected population is pre-approved to be enrolled in the
clinical research by the Protocol Team, e.g. minors in pediatric clinical research.
All CRSs need to provide the additional protections mandated for pregnant women,
fetuses and neonates, and vulnerable populations by 45 CFR part 46 subparts B, C,
and D as well as 21 CFR part 50 subpart D for FDA regulated research.
Minors in Clinical Research
Children and adolescents (Minors) are individuals younger than the legal age required
to consent to treatments or procedures involved in clinical research. Legal requirements
for classifying an individual as a minor may vary in different locations. CRSs must define
consenting age using applicable laws of the jurisdiction where the study will be
conducted.
Where applicable, the PI/IoR in conjunction with the IRB/EC may determine that minors
can give assent to participate in the clinical research. As such, CRSs should engage the
minor in the clinical research discussion using age-appropriate information. The IRB/EC
must determine whether adequate provisions exist for obtaining minor’s assent and
parent/legal guardian permission. The IRB/EC may also decide that the assent is not
needed.
It is important to note that in some cases, an assent is available/approved by the
IRB/EC, but the minor has intellectual disparity/delay and cannot read/understand the
assent. In those cases, CRSs must include adequate documentation to support the lack
of assent in the source documents and inform the IRB/EC, if applicable.
In cases where minor participants are unaware of their disease/diagnosis due to
parental/legal guardian’s decision and for that reason, the approved assent cannot be
obtained, CRSs must discuss the case with the parent(s)/legal guardian and consult
with the IRB/EC. If local laws and regulations allow, PI/IoR in conjunction with the
IRB/EC may generate and approve a generic assent without disclosing the minor’s
disease/diagnosis. Minor participants must be consented using the CRS-specific ICF if
they reach the locally defined age of majority during the course of the study, in order to
continue participating in the clinical research.
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CRS-specific Responsibilities for Enrolling Minors (including Adolescents) in
Clinical Research
DAIDS requires CRSs to develop and implement a CRS-specific SOP for enrolling
minors in DAIDS clinical research that aligns with local laws, regulations, institutional
policies and procedures, and DAIDS requirements. CRSs must submit this SOP to the
OCSO PO for review and approval per the SCORE Manual’s Quality Management
section.
CRSs should ensure that all CRS staff involved in consenting minors have documented
training on this SOP. Refer to the Clinical Research Site Requirements for
Enrolling Minors into DAIDS Clinical Research appendix to this section for additional
guidance on DAIDS requirements for enrolling minors in DAIDS clinical research.
PIs/IoRs must ensure they inform Protocol Registration Office (PRO) of the IRB/EC
determinations on enrolling minors, including risk/benefit analysis, IRB/EC approval of
studies and amendments, and decisions regarding the need for waiver of an assent
from a minor. Please refer to the DAIDS Protocol Registration Manual for specific
submission requirements.
Obtaining Parental/Legal Guardian Permission and Legally Authorized
Representative Permission
For studies that will involve minors, PI/IoR must ask the IRB/EC to determine what
criteria CRSs need to meet so that they may solicit each minor’s parent/legal guardian
permission for the minor to participate in the clinical research; this is required by 45
CFR 46 Subpart D, ICH E6, and 21 CFR Subpart D for FDA-regulated research.
For non-FDA regulated, U.S.-based clinical research, IRBs/ECs may determine that
parental/legal guardian permission is not a reasonable requirement or effective means
to protect minor participants (e.g., neglected or abused minors). Therefore, IRB/EC may
waive the permission requirements and substitute this permission with an appropriate
mechanism to protect participants. The IRBs/ECs would choose the most appropriate
mechanism by evaluating the nature and purpose of the protocol’s procedures; the risk
and anticipated benefit to participants; and participants’ age, maturity, status, and
condition.
Parental/Legal Guardian Permission
Where CRSs need to obtain parental permission to conduct clinical research involving
minors, the IRB/EC may determine that CRSs only need permission from one parent,
unless local laws and regulations require both parents’ consent.
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Where a clinical research is approved under 45 CFR part 46.406 and 46.407 (or 21
CFR part 50.53 or 50.54 for FDA-regulated research) and any other local regulation that
requires CRSs to obtain permission from both parents, both parents must give their
permission unless one parent is deceased, unknown, incompetent, or not reasonably
available, or when only one parent has legal responsibility for the minor’s care and
custody. CRSs must document parental permission as required by 45 CFR part 46.117
(and 21 CFR part 50.27 for FDA-regulated research) and applicable local requirements.
Legal guardian permission may replace parental permission in case where both parents
are deceased, unknown, incompetent, or not reasonably available. Guardian is defined
as an individual who is authorized under applicable State or local law to consent on
behalf of a minor to general medical care (45 CFR part 46.402(e)).
Legally Authorized/Acceptable Representative Permission
The laws of the jurisdiction where the clinical research is being conducted (e.g., local
laws, institutional policies, etc.) determine who can act as a LAR. As per ICH E6 and 45
CFR 46, a participant’s LAR is:
“An individual or judicial or other body authorized under applicable law to consent, on
behalf of a prospective subject, to the subject's participation in the clinical trial.” (ICH E6
[section 1.37]).
“An individual or judicial or other body authorized under applicable law to consent on
behalf of a prospective subject to the subject's participation in the procedure(s) involved
in the research. If there is no applicable law addressing this issue, legally authorized
representative means an individual recognized by institutional policy as acceptable for
providing consent in the non-research context on behalf of the prospective subject to
the subject's participation in the procedure(s) involved in the research.” (45 CFR part
46.102[i]).
LARs should consider whether clinical research participation is in the potential
participant’s best clinical interest and base their decision on the participant’s
preferences and values when applicable.
For participants whom a LAR provided informed consent, if the participant subsequently
regains the ability to provide independent informed consent, the participant must be
consented again in order to continue participating in the clinical research.
Ongoing Consent Process
The consent process does not end when a CRS obtains a signature on an ICF. Rather,
the process is ongoing through the entire clinical research until the participant decides
to end participation or until the clinical research closes. CRSs must maintain informed
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consent by promptly providing participants with any new information and/or substantive
change in conditions or procedures that arise during the clinical research (e.g., changes
in risk, benefit, etc.) that may affect the participants’ decision to continue participating.
The method used to inform already enrolled participants is determined by the IRB/EC
and/or applicable RE/RA.
If determined by the IRB/EC and/or applicable RE/RA, CRSs will revise ICFs to include
important new information and/or changes to the clinical research that are relevant for
potential and enrolled participants. CRSs will use the revised, approved ICFs to consent
new participants to join the clinical research and will provide the new information to
already enrolled participants via the revised approved ICF or other applicable approved
method. Already-enrolled participants must be consented to the most current version of
the approved ICF(s) during their participation in the study. IRBs/ECs will determine if it
is necessary for CRSs to obtain the participant’s consent to the changes or new
information based on the nature of the change in the clinical research and the new
information that warranted the change. This process is referred to as re-consenting the
participant.
The path for CRSs to notify participants of such new findings or changes may depend
on the impact to participants of the clinical research, risk and the urgency of
communicating such information. Final determination for the appropriate method for
informing participants of any important new information and/or changes to the clinical
research is usually decided by the IRB/EC.
CRSs must document participant receipt of this new information.
When CRSs re-consent participants, they need to provide participants a signed and
dated copy of the most recent, approved ICF (ICH E6 4.8.11).
ICH E6 section 4.8.10(p) states:
“… that the subject or the subject’s legally acceptable representative will be informed in
a timely manner if information becomes available that may be relevant to the subject’s
willingness to continue participation in the trial.”
HHS regulations at 45 CFR part 46.116(c)(5) and FDA regulations at 21 CFR part
50.25(b)(5) state:
“A statement that significant new findings developed during the course of the research
which may relate to the subject’s willingness to continue participation will be provided to
the subject.”
ICH E6 (section 4.8) uses the phrase “timely manner” but does not quantify this term;
U.S. regulations and applicable guidance’s do not mandate a timeframe for CRSs to
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provide participants with the new information. To ensure alignment on timing, DAIDS
expects that when ICFs used in DAIDS clinical research change, that CRSs revise and
submit these updated CRS-specific ICFs to the IRB/EC and/or applicable RE/RA for
review and approval, and implement updated ICFs “immediately” upon receipt of the
approved ICF. In this context, DAIDS defines “immediately” and the ICH E6 language
use of “timely manner” as “without delay”. Based on this, participants should be re-
consented using the most recent approved CRS-specific ICF(s) without delay, usually
by or at the participant's next study visit if the IRB/EC and/or applicable RE/RA
determines that re-consent is required.
Note: Participants do not need to attend a visit outside the protocol schedule to re-
consent unless the IRB/EC and/or applicable RE/RA stipulates (e.g., participants may
be asked to come to the clinic if the revisions are due to a safety issue, etc.).
Addenda
An addendum is a supplement to the ICF or another way of conveying new information
to already enrolled participants; therefore, it does not need to contain all of the
regulatory required elements of informed consent. The PI/IoR must also be aware about
local regulations and IRB/EC requirements before implementing this type of document.
Some countries do not permit addenda to the ICF and in those cases a new revised ICF
must be generated.
Each addendum must be approved by the IRB/EC and/or applicable RE/RA before it is
provided to participants, and its use must be documented in the participant’s research
record to provide written documentation of the participant’s receipt of the new
information and willingness to continue clinical research participation. An addendum
may include PI/IoR/designee and participant signature blocks as directed by the IRB/EC
IRB/EC and/or applicable RE/RA.
CRS Considerations to Prevent Delays in Implementing Revised Informed
Consent Forms
To prevent delays in implementing updated, CRS-specific, approved ICFs (“approved,
updated ICFs” in this subsection), CRSs should consider the following actions:
Administrative Steps: CRSs should anticipate and prepare for any administrative
steps they will need to take to implement approved, updated ICFs at the same time they
submit the updated ICFs for review/approval. Consider the following:
• Checking participant visit schedules to be aware of upcoming visits that may
occur when the approved, updated ICFs are available for use
• Copying the updated ICFs (once approved) for distribution to participants using a
different color paper to differentiate from previous ICF version.
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• Removing old ICFs from use once the IRB/EC and/or applicable RE/RA
communicates that it has approved the updated ICF
• Performing quality control activities on approved ICFs.
• Familiarizing staff with protocol and ICF changes that do not require additional
training
• Ensuring all relevant clinical research staff are aware of the forthcoming, updated
ICF.
Training: To ensure a prompt, efficient consent/re-consent process, CRSs should
define any CRS staff training (and accompanying documentation) necessitated by the
revised ICF and protocol.
Staffing Issues: CRSs should ensure coverage/back-up staff to prevent delays in
implementing the most recent approved ICFs.
Closing Clinical Research
Once the study has concluded, as part of the ongoing consent process, participants
should be notified of aggregated findings that may or may not impact each individual
participant. Furthermore, if these findings result in changes to standard of care for the
condition under study, alternative treatments and/or post-trial access information should
be provided to all participants.
Documenting Informed Consent
To ensure an ICF is completed appropriately and the consent process is adequately
documented, CRS staff need to review applicable law(s), IRB/EC requirements,
institutional policies, internal site SOPs (i.e., their Consent Process SOP), and the
approved protocol.
When a participant signs an ICF and/or assent documents (initially and for any re-
consent), their signature denotes that the participant (or the LAR on behalf of a
participant) is willing to participate in the clinical research. The person obtaining
informed consent must ensure they document the consenting process completely in
participants’ research records, detailing:
• The participant signed/dated (including time stamp, if required) the ICF before
being subjected to any clinical research procedures.
• The CRS supplied the participant with a copy of the signed ICF and whether the
participant accepted or refused the document.
• The participant had time to read and understand the ICF’s content.
• The participant had questions related to the ICF or the clinical research.
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• Who participated in the consenting process (e.g., witness, PI/IoR,
participant/LAR, or person obtaining informed consent).
• The participant understood the ICF presented and how CRS staff assessed their
understanding.
• The CRS staff clarified any misunderstanding after assessing a participant’s
understanding of the ICF.
• ICF version and date.
Considerations for Signatures on Informed Consent Forms
In general, individuals must sign ICFs using their legal names, but participants may
adopt any designation (e.g., traditional signature, a mark, thumb print, or other method
of “making their mark”) as a signature for the duration of the clinical research, as
permitted by local law or institutional standards. Please note:
• Participants must use their complete first and last names; they are not allowed to
use initials.
• Participants providing consent should date the ICF, not CRS staff.
• CRSs should verify participants’ legal name, where possible.
• Person obtaining informed consent must review the consent forms for completion
before signing and dating the consent forms.
Person(s) obtaining informed consent may obtain an electronic signature (e-signature)
to document informed consent, if e-signatures are legally valid within the local
jurisdiction where the study is being conducted and the IRB/EC and/or applicable
RE/RA has approved e-signatures to document informed consent. The person obtaining
informed consent should be able to verify that the e-signature is legitimate. The CRS’s
informed consent process SOP should include relevant information about this
alternative process, as applicable. As per FDA guidance, an e-signature is considered
to be the “legally binding equivalent of the individual’s handwritten signature” (21 CFR
part 11.3[b][7]). Refer to the Electronic Systems section of the manual for additional
information on e-signatures.
Waiving the Requirement for Signed Informed Consent Forms
HHS and FDA regulations allow an IRB/EC to waive the requirement for U.S.-based
CRSs to obtain a signed ICF for some or all participants.
If the IRB/EC waives this consent requirement, the IRB/EC may:
• Require person(s) obtaining informed consent to provide participants with a
written ICF or summary research statement (e.g., information sheet).
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• Determine that person(s) obtaining informed consent may accept the
participant’s oral consent, or in the case of online survey research, that the
participant’s consent is implied by their completing the survey instrument.
When an IRB/EC waives the requirement to obtain a signed ICF and approves obtaining
the participants’ verbal consent, the person obtaining informed consent must:
• Provide participants with all relevant clinical research information (e.g., review
the basic elements of Informed Consent 45 CFR part 46.116 and 21 CFR part
50.25, if applicable).
• Answer participant questions.
• Confirm that participants understand the information provided.
• Document the date (and time, when required) they obtained verbal consent in
participant research records.
• Document what information they provided to participants (e.g., information sheet)
in participant research records.
Electronic Informed Consent Guidance
Electronic Informed Consent (eIC) refers to using electronic systems and processes to
convey clinical research–related information and to obtain and document informed
consent. CRSs must use electronic systems and processes that comply with: FDA
regulations in 21 CFR part 11, similar electronic signature/record rules in the CRS’s
jurisdiction, and the Electronic Information Systems Policy. CRSs may include text,
graphics, audios, podcasts, and interactive case report forms (CRFs) in their eICs.
Approval for Electronic Informed Consent
The IRB/EC and/or applicable RE/RA must review and approve eICs and any
amendments to the eIC.
Electronic Informed Consent Process
The eIC must contain the same required elements of written informed consent unless
the IRB/EC approves a process that alters or waives some or all elements.
CRSs must present information in eICs clearly and in a format and language that
potential participants understand. This includes spelling out abbreviations on first use.
CRSs should take steps to accommodate individuals who have impairments such as
poor vision or limited motor skills or who are unfamiliar with electronic devices.
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The eIC process must allow potential participants to ask questions and receive answers
by any means or combination of methods, such as messaging, telephone calls, or
videoconferencing before signing the eIC.
If the eIC is interactive, it must be easy to use and allow potential participants to go
back and review information.
Electronic Informed Consent Confidentiality
CRSs may transmit a printed or electronic copy of the eIC to participants. If the eIC is
transmitted using an individual’s electronic device such as a smartphone, CRSs should
advise participants of the risk of loss of confidentiality.
Electronic Informed Consent Assent
CRSs may also use the eIC process to obtain assent from minors. The language and
presentation of the information must be understandable to minors. The requirements for
documenting assent are the same as that used for adult participants.
Documenting Electronic Informed Consent
As required for any type of consent, all details about the consenting process must be
documented in the participant´s research records. If CRSs conduct the consent process
remotely, they must use software that documents interactive responses and signatures
by participants and/or other parties electronically. The system must capture the date
that participants give consent. CRSs must provide a copy of the eIC to the individual
signing the form.
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Appendices
1. Clinical Research Site Requirements for the CRS-specific Informed
Consent Process Standard Operating Procedure
2. Clinical Research Site Requirements for Enrolling Minors into DAIDS Clinical
Research
DAIDS SCORE Manual
References
1. U.S. Code of Federal Regulations, Title 21, Parts 11, 50, 54, 56, 312 and 812
2. U.S. Code of Federal Regulations, Title 45, Part 46 and Subparts
3. International Council for Harmonisation Good Clinical Practice (ICH E6)
4. FDA Guidance: Investigator Responsibilities - Protecting the Rights, Safety,
and Welfare of Study Subjects [Oct 2009]
5. Office for Human Research Protections (OHRP)
6. HHS -Revised Common Rule
7. Impact of Certain Provisions of the Revised Common Rule on FDA-Regulated
Clinical Investigations
8. DAIDS Protocol Registration Manual
9. National Institute of Health (NIH) Central Resource for Grants and Funding
Information
10. Genetic Information Nondiscrimination Act Guidance (2009)
11. NIH Genomic Data Sharing Policy
12. OHRP Informed Consent Frequently Asked Questions;
13. FDA Draft Guidance 7/2014: Informed Consent Information Sheet Guidance
for IRBs, Clinical Investigators, and Sponsors;
14. FDA Draft Guidance 3/2023: Use of Electronic Records and Electronic
Signatures in Clinical Investigations Under 21 CFR Part 11 – Questions and
Answers Guidance for Industry
15. OHRP Guidance: Informed Consent of Subjects Who Do Not Speak English
16. OHRP and FDA Use of Electronic Informed Consent: Questions and Answers.
Guidance for IRBs, Investigators, and Sponsors, December 2016;
17. OHRP Use of Electronic Informed Consent: Questions and Answers.
18. E11(R1) Clinical Investigation of Medicinal Products in the Pediatric Population
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Version History
V1.0
1/19/2021
Original Version
V2.0
6/30/2021
Corrected typos on pg 3 and 12.
V3.0
6/10/2024
Pgs. 6-7 - Clarified the sequence/timing to assess participant
comprehension of study requirements as part of the ICF
process.
Updates hyperlinks to Reference #s: 4, 14.
Corrected version number.
