SSStudyParticipantsVulnerablePopulation object

Minors / Children - Studies allowed

Yes
Special provisions apply

Specific provision

Informed consent form: For minors, additionally section 40 subsection 4 No. 3 AMG has to be considered. The consent is granted by the legal representative(s)/guardian(s) (generally both parents). The consent must correspond to the minor’s presumed will where such a will can be ascertained. If the minor is capable of understanding the nature, significance and implications of the clinical trial and able to form a rational intention in the light of these facts, his/her written consent is also necessary.

Legal framework/Reference (Minors/Children)

Section 40 subsection 4 No. 3 AMG

Incapacitated persons - Studies allowed

Yes
Special provisions apply

Legal framework / Reference (Incapacitated persons)

Clinical studies involving incapacitated persons are regulated by § 41 AMG

Emergency situations - Studies allowed

Yes
Special provisions apply

Specific provisions

Exceptions to the procedure of informed consent can be found in section 41 subsection 1 AMG (case of emergency) and section 3 subsection 2b GCP-V (consent in presence of a witness). However, there is no harmonised procedure accepted by ethics committees in case of informed consent in emergency.

Emergency situation without prior consent of patient or proxy - Studies allowed

With limitations

Conditions allowing trial participation in emergency setting without prior consent

NB! Court involvement might be needed.

Legal framework / Reference (Emergency Situation)

Section 41 subsection 1 AMG (case of emergency) and section 3 subsection 2b GCP-V (consent in presence of a witness).

Pregnant or breastfeeding women - Studies allowed

No national legal framework available

Specific provisions

No special provisions provided in German law

Feedback