9 August, 2016
By way of the Human Biomedical Research Act 2015 (Commencement) Notification 2016, the sections of the Human Biomedical Research Act (“HBRA”) relating to the administration and enforcement of the HBRA came into effect as of 1 July 2016.
Sections of the HBRA now in effect
The sections of the HBRA that came into effect on 1 July 2016 and a brief description of the same are set out below:
Section |
Brief description of section |
Sections 1 – 3; Sections 4 and 5 (Preliminary; Administration of the Act) |
• Definitions • Administration of the HBRA and establishment of advisory committees |
Sections 40 – 41 (Codes of Practice and Ethics) |
|
Sections 42 – 53 (Enforcement Powers) |
|
Section |
Brief description of section |
Sections 54 – 55 (Appeals) |
|
Sections 56 – 63 (Miscellaneous) |
|
Sections 66 and 67 (Miscellaneous) |
• Related amendments to the Health Products Act and the Medicines Act |
First Schedule |
• Specifies human biological material which is excluded from the definition of “human tissue” |
Second Schedule |
• Specifies research studies and matters which are excluded from the definition of “human biomedical research” |
Sections of the HBRA not yet in effect
The sections and parts of the HBRA which are not yet in effect are as follows:
- Part 3 – Consent
- Part 4 – Institutional Review Boards
- Part 5 – Regulation of Human Biomedical Research
- Part 6 – Regulation of Human Tissue Activities and Tissue Banks
- Sections 64 and 65 – Savings and transitional provisions
- Section 68 – Related amendments to the Mental Capacity Act
- Third Schedule – Prohibited human biomedical research
- Fourth Schedule – Restricted human biomedical research
- Fifth Schedule – Waiver of requirements for appropriate consent by institutional
- review board
Next steps for organisations
Whilst the sections of the HBRA placing specific duties on research institutions are not yet in effect, organisations that carry out human biomedical research and human tissue activities should commence a review of their current processes and practices in anticipation of the rest of the HBRA coming into effect.
For further information, please contact:
Chung Nian Lam, Partner, WongPartnership
chungnian.lam@wongpartnership.com