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Clinical Study Agreement Template for United States

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Key Requirements PROMPT example:

Clinical Study Agreement

"I need a Clinical Study Agreement for a multi-center Phase III trial of a new diabetes medication, involving three research institutions in California, with strict data protection requirements and provisions for biological sample storage."

Document background
Clinical Study Agreements are essential documents used when initiating medical research involving human subjects in the United States. These agreements formalize the relationship between research sponsors, institutions, and investigators while ensuring compliance with FDA regulations, IRB requirements, and other applicable laws. A Clinical Study Agreement typically includes detailed provisions for protocol implementation, subject safety, data management, financial terms, and intellectual property rights. It serves as the primary contractual framework for conducting clinical trials and is crucial for protecting all parties' interests while advancing medical research.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including sponsor, institution, and principal investigator

2. Background: Outlines the purpose of the clinical study and context of the agreement

3. Definitions: Defines key terms used throughout the agreement including Study, Protocol, Study Data, Confidential Information, etc.

4. Scope of Work: Details the clinical study requirements, protocol adherence, and responsibilities of each party

5. Compliance: Requirements for regulatory compliance, IRB approval, and applicable laws including FDA regulations and human subject protection

6. Payment Terms: Payment schedule, amounts, and conditions for payment including study budget details

7. Confidentiality: Provisions for protecting confidential information and data privacy requirements

8. Intellectual Property: Rights and ownership of study data, inventions, and publications

9. Term and Termination: Duration of agreement and conditions for termination or early study closure

10. Indemnification: Liability and indemnification obligations of parties including insurance requirements

Optional Sections

1. Publication Rights: Terms for publishing study results and academic rights for institutions

2. Equipment Provision: Terms for equipment provided for study purposes including maintenance and return

3. Subject Injury: Provisions for handling and compensation of research-related injuries

4. Multi-Center Provisions: Specific terms for multi-center studies including coordination and data sharing

5. Biological Samples: Handling, storage, and ownership of biological samples collected during the study

Suggested Schedules

1. Schedule A - Protocol: Detailed clinical study protocol including methodology and procedures

2. Schedule B - Budget: Detailed study budget breakdown and payment schedule

3. Schedule C - Payment Schedule: Timeline and conditions for payments including milestone payments

4. Schedule D - Form FDA 1572: Statement of investigator form and related regulatory documentation

5. Schedule E - Financial Disclosure Forms: Required investigator financial disclosure documentation

6. Schedule F - Insurance Certificates: Proof of required insurance coverage for all parties

7. Schedule G - Data Privacy Terms: Detailed data protection and privacy requirements including HIPAA compliance

8. Schedule H - Quality Requirements: Specific quality assurance and control requirements for the study

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

21 CFR Part 11: Federal regulation governing electronic records and electronic signatures in clinical trials, ensuring their trustworthiness, reliability, and equivalence to paper records

21 CFR Part 50: Federal regulation for the protection of human subjects in clinical trials, including informed consent requirements and safeguards for subject safety

21 CFR Part 54: Federal regulation requiring disclosure of financial interests by clinical investigators to ensure study integrity and prevent bias

21 CFR Part 56: Federal regulation governing Institutional Review Boards (IRBs), their composition, functions, operations, and responsibilities

21 CFR Part 312: Federal regulation concerning Investigational New Drug Applications, governing the conduct of clinical trials for investigational drugs

45 CFR Part 46: The 'Common Rule' - federal policy for the protection of human subjects in research conducted or supported by federal departments

HIPAA: Health Insurance Portability and Accountability Act - federal law protecting patient privacy and securing health information

Food, Drug, and Cosmetic Act: Primary federal law governing food and drug safety, including requirements for clinical trials and drug approval

Clinical Laboratory Improvement Amendments (CLIA): Federal standards for laboratory testing and quality assurance for clinical trial laboratories

Federal Anti-Kickback Statute: Law prohibiting the exchange of anything of value to induce or reward referrals of federal healthcare program business

False Claims Act: Federal law imposing liability on persons/companies who defraud governmental programs, including clinical research funding

Stark Law: Law prohibiting physician self-referral for certain designated health services payable by Medicare/Medicaid

ICH-GCP Guidelines: International Conference on Harmonisation - Good Clinical Practice guidelines providing international ethical and scientific quality standards

Declaration of Helsinki: International ethical principles for medical research involving human subjects

EU GDPR: European Union General Data Protection Regulation - comprehensive data protection law affecting international clinical trials

State Medical Practice Acts: State-specific laws governing medical practice, including requirements for clinical research conduct

Patent Laws: Federal and state laws governing intellectual property rights for inventions and discoveries from clinical research

Medicare/Medicaid Billing Rules: Federal requirements for billing and reimbursement related to clinical trial services

IRB Requirements: Institutional Review Board specific requirements for protecting human subjects and ensuring ethical conduct of research

Trade Secret Protection: Laws protecting confidential business information and proprietary research data in clinical trials

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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