21 CFR Part 56 · Institutional Review Boards

§ 56.103 Circumstances in which IRB review is required

Subpart A - General Provisions Official text on eCFR Amendment history

(a) Except as provided in §§ 56.104 and 56.105 , any clinical investigation which must meet the requirements for prior submission (as required in parts 312, 812, and 813) to the Food and Drug Administration shall not be initiated unless that investigation has been reviewed and approved by, and remains subject to continuing review by, an IRB meeting the requirements of this part.

(b) Except as provided in §§ 56.104 and 56.105 , the Food and Drug Administration may decide not to consider in support of an application for a research or marketing permit any data or information that has been derived from a clinical investigation that has not been approved by, and that was not subject to initial and continuing review by, an IRB meeting the requirements of this part. The determination that a clinical investigation may not be considered in support of an application for a research or marketing permit does not, however, relieve the applicant for such a permit of any obligation under any other applicable regulations to submit the results of the investigation to the Food and Drug Administration.

(c) Compliance with these regulations will in no way render inapplicable pertinent Federal, State, or local laws or regulations.

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What FDA inspectors cite under § 56.103

Form FDA 483 observations citing this section, fiscal years 2009–2022 (Bioresearch Monitoring).

  • IRB review requirement 8

Warning letters citing § 56.103

1 FDA warning letters since 2017 cite this section :

FDA guidance that cites § 56.103

and 1 more.

Amendment history

Federal Register documents that created or amended this section.