Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1Failure to determine as ineligible a donor who is identified as having a risk factor for, or clinical evidence of, any of the relevant communicable disease agents or diseases for which screening is required under 21 CFR 1271.75(a)(1) [21 CFR 1271.75(d)]. For example:
Passage 2Failure to determine whether a donor is eligible based upon the results of donor screening in accordance with 21 CFR 1271.75 and donor testing in accordance with 21 CFR 1271.80 and 21 CFR 1271.85 [21 CFR 1271.50(a)]. The eligibility of three anonymous oocyte donors was determined and documented prior to the receipt of the results of donor testing for relevant communicable disease agents. For example:
Passage 3Failure of a responsible person to determine and document the eligibility of a cell or tissue donor [21 CFR 1271.50(a)]. For example:
Passage 4Failure to screen a donor of reproductive cells or tissue by reviewing the donor’s relevant medical records for risk factors for, and clinical evidence of, relevant communicable disease agents and diseases [21 CFR 1271.75(a)(1)]. For example:
Passage 5Failure to determine as ineligible a donor whose specimen tests reactive on a screening test for a communicable disease agent for which testing is required under 21 CFR 1271.85 [21 CFR 1271.80(d)(1)]. For example, a specimen for communicable disease testing collected on **(b)(6)**, from directed oocyte donor **(b)(6)**, tested reactive on a screening test for the antibody to hepatitis B core antigen (anti-HBc). The donor was not determined ineligible, as required
Passage 6Failure to collect donor specimens for testing for relevant communicable diseases at the time of recovery of the cells or tissue from the donor; or for oocyte donors, within 30 days prior to oocyte recovery or up to seven days after recovery [21 CFR 1271.80(b)]. For example, a specimen for communicable disease testing was collected from directed oocyte donor **(b)(6)**, on **(b)(6)**. However, the oocytes were recovered from the donor on **(b)(6)**.
Passage 7Failure to include in the summary of records a statement noting the reason(s) for the determination of ineligibility in the case of an HCT/P from a donor who is ineligible based on screening and released under 21 CFR 1271.65(b) [21 CFR 1271.55(b)(4)]. For example, the following directed oocyte donors were determined ineligible without documentation noting the reason(s) for ineligibility:
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 1271
- 21 CFR 1271.90(c)
- 21 CFR 1271.75(a)(1)
- 21 CFR 1271.85
- 21 CFR 1271.50(a)
- 21 CFR 1271.50
- 21 CFR 1271.60(a)
- 21 CFR 1271.155
- 21 CFR 1271.75(d)
- 21 CFR 1271.75
- 21 CFR 1271.80
- 21 CFR 1271.3(r)(2)
- 21 CFR 1271.3(s)
- 21 CFR 1271.80(d)(1)
- 21 CFR 1271.80(b)
- 21 CFR 1271.65(b)
- 21 CFR 1271.55(b)(4)
- 21 CFR 1271.90(b)