Clinical Study Agreement Template for England and Wales

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Key Requirements PROMPT example:

Clinical Study Agreement

"I need a Clinical Study Agreement for a Phase II trial of a new diabetes medication, where our pharmaceutical company will be working with three UK hospitals, with the study planned to start in March 2025 and running for 18 months."

Document background
Clinical Study Agreements are essential documents used when conducting clinical research in England and Wales. These agreements establish the framework for collaboration between sponsors, research institutions, and investigators while ensuring compliance with UK clinical trial regulations and ethical guidelines. A Clinical Study Agreement typically covers crucial aspects such as protocol compliance, participant safety, data protection, financial terms, and publication rights. It's particularly important as it helps manage risk, protect intellectual property, and ensure regulatory compliance while facilitating the development of new medical treatments and therapies.
Suggested Sections

1. Parties: Identification of the sponsor, investigator/institution, and any other relevant parties

2. Background: Context of the clinical study and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including regulatory references to Medicines for Human Use Regulations, UK Clinical Trials Regulations, Human Medicines Regulations, and Data Protection laws

4. Study Protocol: Details of the approved protocol and compliance requirements including GCP guidelines and MHRA requirements

5. Responsibilities of Parties: Specific obligations of each party in conducting the study in accordance with NHS Research Governance Framework and HRA requirements

6. Financial Arrangements: Payment terms, schedule, and financial obligations

7. Confidentiality: Protection of confidential information and study data in compliance with UK GDPR and Data Protection Act 2018

8. Intellectual Property: Ownership and rights to study results and innovations

9. Publication Rights: Terms for publishing study results

10. Term and Termination: Duration and conditions for ending the agreement

Optional Sections

1. Equipment Provision: Terms for providing and maintaining study equipment when sponsor provides specific equipment for the study

2. Biological Samples: Handling and ownership of biological materials in compliance with Human Tissue Act 2004

3. Sub-contracting: Terms for engaging third-party service providers

4. Subject Injury: Compensation for research-related injuries and compliance with Clinical Negligence Scheme requirements

5. Mental Capacity Provisions: Special provisions when study involves participants with impaired capacity under Mental Capacity Act 2005

Suggested Schedules

1. Study Protocol: Detailed protocol approved by Research Ethics Committee

2. Payment Schedule: Detailed breakdown of payments and timing

3. Budget: Detailed study budget and cost breakdown

4. Insurance Certificates: Proof of required insurance coverage and professional indemnity

5. Data Processing Agreement: GDPR-compliant data processing terms including Caldicott Principles and NHS Information Governance requirements

6. Form of Progress Report: Template for required progress reporting in line with ICH Guidelines

7. Equipment List: Detailed list of provided equipment and specifications

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Medicines for Human Use (Clinical Trials) Regulations 2004: Primary UK legislation governing the conduct of clinical trials, including requirements for authorization, good clinical practice, and safety reporting

UK Clinical Trials Regulations (Post-Brexit): Updated regulations governing clinical trials in the UK following Brexit, maintaining alignment with international standards while establishing UK-specific requirements

Human Medicines Regulations 2012: Regulations controlling the sale, supply, manufacture, distribution, and marketing of medicines in the UK

Data Protection Act 2018: UK's implementation of data protection standards, governing how personal information must be handled and protected

UK GDPR: Post-Brexit version of GDPR incorporated into UK law, setting standards for data protection and privacy

NHS Research Governance Framework: Framework setting standards for health research in the NHS, ensuring quality, safety, and ethical conduct

HRA Requirements: Health Research Authority's standards and approval requirements for conducting research in the UK healthcare system

Good Clinical Practice Guidelines: International ethical, scientific, and practical standards for conducting clinical trials

MHRA Guidelines: Regulatory guidance from the Medicines and Healthcare products Regulatory Agency for conducting clinical trials

Human Tissue Act 2004: Legislation regulating the storage, use, and disposal of human tissue in research

Mental Capacity Act 2005: Law protecting and empowering people who may lack capacity to make certain decisions, including participation in research

Research Ethics Committee Requirements: Ethical review and approval requirements for clinical research protocols and procedures

ICH Guidelines: International Council for Harmonisation guidelines providing global standards for clinical research

Declaration of Helsinki: Fundamental principles for medical research involving human subjects

Common Law Contract Principles: Basic principles of English contract law including offer, acceptance, consideration, and intention to create legal relations

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly regarding limitation of liability

Clinical Negligence Scheme: Insurance and liability coverage requirements for clinical research, particularly within NHS settings

Caldicott Principles: Guidelines for handling patient-identifiable information in healthcare settings

NHS Information Governance: Framework for handling information in health and social care organizations, including research data

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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