An investigator is responsible for ensuring that an investigation is conducted according to the signed agreement, the investigational plan and applicable FDA regulations, for protecting the rights, safety, and welfare of subjects under the investigator's care, and for the control of devices under investigation. An investigator also is responsible for ensuring that informed consent is obtained in accordance with part 50 of this chapter . Additional responsibilities of investigators are described in subpart G.
21 CFR Part 812 · Investigational Device Exemptions
§ 812.100 General responsibilities of investigators
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What FDA inspectors cite under § 812.100
Form FDA 483 observations citing this section, fiscal years 2009–2026 (Devices).
- Investigator non-compliance with agreement/plan/regulations 251
- Investigator lack of informed consent 85
- Investigator lack of control of investigational devices 23
- No investigator protection - subject rights, safety, welfare 15
Warning letters citing § 812.100
4 FDA warning letters since 2017 cite this section :
- Stephen J. Fallon, Ph.D. 27 Aug 2026
- United Health Products, Inc. 24 Mar 2025
- John Meadors 15 Oct 2018
- Steiner Laboratories 21 Jun 2017
FDA guidance that cites § 812.100
- Investigator Responsibilities – Safety Reporting for Investigational Drugs and Devices: Guidance for Industry 15 Dec 2025
- Conducting Clinical Trials With Decentralized Elements 18 Sept 2024
- Infusion Pumps Total Product Life Cycle: Guidance for Industry and FDA Staff 2 Dec 2014
- IRB Continuing Review After Clinical Investigation Approval: Guidance for IRBs, Clinical Investigators, and Sponsors 27 Feb 2012
- In Vitro Diagnostic (IVD) Device Studies - Frequently Asked Questions: Guidance for Industry and FDA Staff 25 Jun 2010
- Investigator Responsibilities — Protecting the Rights, Safety, and Welfare of Study Subjects: Guidance for Industry 23 Oct 2009
Amendment history
Federal Register documents that created or amended this section.
- 45 FR 3751 18 Jan 1980
- 46 FR 8957 27 Jan 1981