Section 111595 Of Article 5. New Drugs Or Devices From California Health And Safety Code >> Division 104. >> Part 5. >> Chapter 6. >> Article 5.
111595
. Section 111550 does not apply to any drug or device
intended solely for investigational use by experts qualified by
scientific training and experience to investigate the safety and
effectiveness of drugs or devices if all the following conditions are
complied with:
(a) The submission to the department, before any clinical testing
of a drug or device is undertaken, of reports, by the manufacturer or
the sponsor of the investigation of the drug or device, of
preclinical tests including tests on animals, of the drug or device
adequate to justify the proposed clinical testing.
(b) The manufacturer or the sponsor of the investigation of a drug
or a device proposed to be distributed to investigators for clinical
testing obtaining a signed, notarized agreement from each of the
investigators that patients to whom the drug or device is
administered will be under his or her personal supervision, or under
the supervision of investigators responsible to him or her, and that
he or she will not supply the drug or device to any other
investigator, or to clinics, for administration to human beings.
(c) The establishment and maintenance of the records, and the
making of the reports to the department, by the manufacturer or the
sponsor of the investigation of the drug or device, of data,
including but not limited to, analytical reports by investigators,
obtained as a result of the investigational use of the drug or
device, as the department finds will enable it to evaluate the safety
and effectiveness of the drug or device in the event of the filing
of an application pursuant to Section 111550.
(d) The manufacturer, or the sponsor of the investigation, require
experts using the drugs or devices for investigational purposes to
certify to the manufacturer or sponsor that they will comply with the
requirements of Article 4 (commencing with Section 111515).
(e) Any other conditions as the department shall adopt as
regulations necessary for the protection of the public health. The
federal regulations adopted pursuant to Section 505(i) of the federal
act (21 U.S.C. Sec. 355(i)) or Section 520(g) thereof (21 U.S.C.
Secs. 352 and 360) shall be the regulations for exemptions from
Section 111550 in this state. However, the department may prescribe,
by regulation, any condition for exemption from Section 111550
whether or not the condition is in accordance with regulations
adopted under the federal act.