Development↦Documents↦Required Documents↦Insurance and Contract
What is it? Why is it important?
Study insurance:
- Is required for studies
- Guarantees participant compensation, should they suffer harm as a result of the study
- Is either covered through a hospital/institution or an additional third-party insurer
- Must cover claims arising from a period for up to 10 years after study completion
Study contract:
- Is an agreement between two or more involved parties (e.g. SP-INV and Site-INV or other relevant partners)
- Defines and assigns delegated study tasks and responsibilities, including relevant financial aspects
- Is dated and signed by all involved parties
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The SP-INV must:
- Guarantee adequate finances from study planning until its completion
- Document financial aspects in a contract and in agreement with involved parties (e.g. external and internal partners, collaborating Site-INV(s) and their institution(s)
- Provide each contract partner with an original fully signed contract
- Provide insurance against claims arising from the study. An exception would be claims arising from malpractice or negligence
What do I need to do?
As a SP-INV:
- Find out the insurance requirements of your study
- Acquire a third-party insurer, if the hospital does not provide adequate insurance
- Set-up contract(s) detailing any collaborating and financial aspects
- Ask your legal department to review and approve the contract(s)
- As applicable, forward contract(s) to the Site-INV(s) and applicable partner(s) for approval
- File the fully signed contract and insurance certificate in the TMF
As a Site-INV:
- File the insurance certificate of the study in the ISF
- Review the contract provided by SP-INV
- Forward the contract to your hospital legal department for review and approval
- Return the fully signed contract(s) to the SP-INV and file a copy in the ISF
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Based on the number of determined contract hard copies, ensure prior to filing that:
- All relevant persons have dated and signed all available hard copies (e.g. the SP-INV, hospital/institution CEO, department director, Site-INV, other relevant partners).
- The legal department retains a signed hard copy of the contract
When submitting your study to EC and if applicable RA (e.g. Swissmedic) for approval, ensure to include a signed contract including the study’s insurance certificate.
Where can I get help?
Your local CTU↧ can support you with experienced staff regarding this topic
Basel, Departement Klinische Forschung, CTU, dkf.unibas.ch
Lugano, Clinical Trials Unit, CTU-EOC, www.ctueoc.ch
Bern, Clinical Trials Unit, CTU, www.ctu.unibe.ch
Geneva, Clinical Research Center, CRC, crc.hug.ch
Lausanne, Clinical Research Center, CRC, www.chuv.ch
St. Gallen, Clinical Trials Unit, CTU, www.kssg.ch
Zürich, Clinical Trials Center, CTC, www.usz.ch
External Links
Swissethics – see in particular
- Insurance template
- Clinical study agreement template
References
ICH GCP E6(R2) – see in particular guidelines
- 1.17 Contract definition
- 4.5.1 Site contract
- 4.9.6 Financial Agreement
- 5.8.1 Insurance
- 5.9 Financing
- 8.2.5 ED – Insurance Statement
ISO 14155:2020 Medical devices - see in particular sections (access liable to cost)
- 5.6.2 Ethics submission
- 6.9 Agreements
- 9.3 Outsourcing
Declaration of Helsinki – see in particular principle
- 15 Subject compensation
Swiss Law
HRA – see in particular articles
- Art. 19 Liability
- Art. 20 Coverage
ClinO – see in particular articles and annex
- Art. 13 Requirement for liability coverage
- Art. 14 Protection of the injured party
- Annex 3 - 1.14/2.15/3.13/4.7 Ethics Application
HRO – see in particular annex
- Annex 2 - 1.6/8.8 Ethics application