TITCK Requirements & Ethics Committee Obligations
In Turkey, interventional clinical trials on human subjects are regulated by TITCK (Türkiye İlaç ve Tıbbi Cihaz Kurumu — Turkish Medicines and Medical Devices Agency). For interventional trials within the scope of the Klinik Araştırmalar Yönetmeliği (Article 2), TITCK typically requires the sponsor to provide evidence of adequate insurance before a trial may commence. Additionally, the relevant Ethics Committee (Etik Kurul) — whether a hospital ethics committee or the central Clinical Research Ethics Committee — will require a copy of the insurance certificate as a condition of its approval. Specific requirements depend on the study's TITCK classification, research type, and risk level.
For interventional clinical trials within the scope of the Klinik Araştırmalar Yönetmeliği (Article 2), insurance is a key requirement for TITCK authorisation and Ethics Committee approval under Article 54. The insurance requirement under Article 54 does not apply to low-risk scientific studies expressly exempted under that Article. Under Article 2(2), observational studies fall outside the scope of this Regulation; this does not preclude obligations that may arise under other applicable legislation. Sponsors should verify the applicable obligations with TITCK and the relevant Ethics Committee before commencement. The policy should remain in force for the duration of the trial and for a specified extended period thereafter — commonly one to three years — to address adverse effects that may not become apparent during the active trial period.
ICH GCP Alignment
The International Council for Harmonisation Good Clinical Practice (ICH GCP) guidelines establish the global standard for clinical trial conduct. Turkish regulations incorporate ICH GCP principles, and insurers active in this market require that trials are conducted in full compliance with the approved protocol and ICH GCP. Significant protocol deviations are exclusion grounds in most clinical trials liability policies.
Sponsor, CRO & Investigator Site — Who Needs Cover?
Sponsor Liability
The sponsor bears primary legal responsibility for the trial. Sponsor liability policies cover legal liability to participants for injury or death arising from trial procedures, including no-fault compensation.
CRO Liability
Where a Contract Research Organisation conducts the trial on behalf of the sponsor, the CRO's own liability exposure — particularly for activities it has taken full responsibility for — may require separate or additional cover.
Investigator Site
Individual hospital or clinic sites where procedures are conducted carry their own liability exposure. Site-level cover or inclusion as additional insured under the sponsor's policy must be confirmed.
No-Fault Compensation
Compensation payable to participants who suffer injury as a result of trial procedures, without requiring proof of negligence — an ethical and often regulatory requirement.
Policy Trigger: Injury During Trial vs. Long-Term Adverse Effects
Clinical trials liability policies typically cover injury that occurs during the trial or is attributable to the trial's procedures, but the timing of when adverse effects become apparent may vary considerably. A participant receiving an investigational medicine may not experience adverse effects until months or years after the last dose. The policy's extended reporting period — the time after trial completion during which claims may still be notified to the insurer — must be adequate to capture this tail risk. Underwriters assess this tail on the basis of the therapy's mechanism of action and the nature of the investigational product.
Key Exclusions in Clinical Trials Liability Policies
- Intentional or deliberate deviation from the approved protocol
- Injury arising solely from risks that were clearly disclosed in the informed consent form and accepted by the participant
- Fraudulent data, concealed results or research misconduct
- Known adverse effects of the investigational product that were concealed from the ethics committee or regulatory authority
- Liability assumed under contract beyond standard legal liability
- Injury to participants in countries not specified in the policy schedule