Biobank Agreement Template for United States

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Key Requirements PROMPT example:

Biobank Agreement

"I need a Biobank Agreement to establish a collaboration between Stanford Medical Center and our research institute for storing and accessing cancer tissue samples, with specific provisions for genetic research and commercial development rights starting March 2025."

Document background
A Biobank Agreement is essential when establishing relationships between institutions collecting, storing, or using biological specimens for research purposes. This document type is particularly relevant in the United States, where it must comply with federal regulations including HIPAA, GINA, and the Common Rule, as well as state-specific requirements. The agreement covers crucial aspects such as specimen handling protocols, data protection measures, informed consent requirements, and distribution terms. It's typically used when setting up new biobank facilities, establishing research collaborations, or managing specimen transfers between institutions.
Suggested Sections

1. 1. Parties: Identification of the biobank operator and participating institution/researcher

2. 2. Background: Context of the agreement and purpose of the biobank

3. 3. Definitions: Key terms used throughout the agreement including biological materials, data, and services

4. 4. Scope of Services: Details of biospecimen collection, processing, storage, and distribution

5. 5. Compliance Requirements: Regulatory and ethical compliance obligations including IRB approval and informed consent

6. 6. Data Protection and Privacy: Measures for protecting participant data and maintaining confidentiality

7. 7. Term and Termination: Duration of agreement and termination conditions

Optional Sections

1. International Transfer Provisions: Required when specimens may be transferred across borders

2. Commercial Use Provisions: Terms governing commercial exploitation of samples and associated intellectual property rights

3. Benefit Sharing: Distribution of benefits from research outcomes and commercialization

Suggested Schedules

1. Schedule A: Standard Operating Procedures: Detailed protocols for sample handling, storage, and quality control

2. Schedule B: Fee Schedule: Costs associated with services provided by the biobank

3. Schedule C: Data Security Standards: Technical requirements for data protection and security measures

4. Appendix 1: Informed Consent Template: Standard form for participant consent and information

5. Appendix 2: Material Transfer Agreement Template: Template for specimen transfers to third parties

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

Clauses
Industries

Common Rule (45 CFR 46): Federal regulation governing human subjects research, including requirements for informed consent, IRB review, and protection of research participants

HIPAA Privacy Rule: Federal law protecting personal health information, setting standards for patient privacy and security of medical records

HITECH Act: Federal legislation addressing electronic health records, strengthening privacy and security protections for health data

FDA Regulations: Federal regulations governing research involving human subjects, particularly relevant if biobank samples may be used in FDA-regulated research

Genetic Information Nondiscrimination Act (GINA): Federal law prohibiting discrimination based on genetic information in health insurance and employment

State Privacy Laws: Various state-specific regulations governing privacy protections, which may exceed federal requirements

State Genetic Testing Laws: State-specific regulations governing genetic testing and use of genetic information

State Biobanking Regulations: State-specific requirements for collection, storage, and use of biological specimens

OECD Guidelines: International guidelines for human biobanks and genetic research databases, providing best practices for operation

UNESCO Declaration: International declaration setting principles for collection, processing, use and storage of human genetic data

NIH Guidelines: Research guidelines from the National Institutes of Health, particularly relevant for federally funded research

IRB Requirements: Institutional Review Board requirements for human subject research and biospecimen collection

Material Transfer Agreement Requirements: Regulations governing the transfer of biological materials between institutions

FTC Data Security Regulations: Federal Trade Commission requirements for protecting sensitive data from breaches and unauthorized access

State Data Breach Laws: State-specific requirements for notification and response in case of data breaches

CDC/OSHA Guidelines: Federal safety guidelines for handling biological materials and maintaining laboratory safety

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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