Drug Quality and Security Act

Drug Quality and Security Act
Great Seal of the United States
Full title To amend the Federal Food, Drug, and Cosmetic Act with respect to human drug compounding and drug supply chain security, and for other purposes.
Introduced in 113th United States Congress
Introduced on September 27, 2013
Sponsored by Rep. Fred Upton (R, MI-6)
Number of Co-Sponsors 10
Citations
Public Law Pub.L. 113–54
Effects and Codifications
Act(s) affected Federal Food, Drug, and Cosmetic Act, Public Health Service Act, Comprehensive Drug Abuse Prevention and Control Act of 1970, Atomic Energy Act of 1954, and others.
U.S.C. section(s) affected 21 U.S.C. § 353, 5 U.S.C. § 553, 21 U.S.C. § 353a, 18 U.S.C. § 1365, 21 U.S.C. § 331, and others.
Agencies affected United States Congress, Government Accountability Office, Nuclear Regulatory Commission, Department of Health and Human Services, Food and Drug Administration
Authorizations of appropriations an unlimited amount in fiscal 2014 to be spent at any time
Legislative history

The Drug Quality and Security Act (H.R. 3204) is a law that amended the Federal Food, Drug, and Cosmetic Act to grant the Food and Drug Administration more authority to regulate and monitor the manufacturing of compounded drugs.[1] The bill was written in response to the New England Compounding Center meningitis outbreak that took place in 2012, which killed 64 people.[2] The bill was signed by President Obama on November 27, 2013.

Background

The bill was introduced by Rep. Upton in response to the New England Compounding Center meningitis outbreak that took place in 2012.[1][3] 64 people were killed and 750 were infected by fungal meningitis.[4] Rep. Upton's district had 3 deaths and there were 19 total in Michigan.[2][4]

Compounding is the creation of a particular pharmaceutical product to fit the unique need of a patient. To do this, compounding pharmacists combine or process appropriate ingredients using various tools. This may be done for medically necessary reasons, such as to change the form of the medication from a solid tablet to a liquid, to avoid a non-essential ingredient that the patient is allergic to, or to obtain the exact dose(s) needed or deemed best of particular active pharmaceutical ingredient(s). It may also be done for more optional reasons, such as adding flavors to a medication or otherwise altering taste or texture.

Provisions of the bill

The law amended the Federal Food, Drug, and Cosmetic Act to grant the Food and Drug Administration more authority to regulate and monitor the manufacturing of compounded drugs.[1] The bill would also "make it easier to trace drugs throughout the U.S. supply chain."[5] The bill would prohibit reselling drugs that are labeled "not for resale."[3]

Congressional Research Service summary

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[6]

Title I: Drug Compounding

Title I of the Drug Quality and Security Act, the Compounding Quality Act, would amend the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounding drugs. The bill would exempt compounded drugs from new drug requirements, labeling requirements, and track and trace requirements if the drug is compounded by or under the direct supervision of a licensed pharmacist in a registered outsourcing facility and meets applicable requirements.

The bill establishes annual registration requirement for any outsourcing facility. The bill would require a facility to report biannually to the United States Secretary of Health and Human Services (Secretary) on what drugs are compounded in the facility and to submit adverse event reports. The bill would subject such facilities to a risk-based inspection schedule.

The bill require the Secretary to: (1) publish a list of drugs presenting demonstrable difficulties for compounding that are reasonably likely to lead to an adverse effect on the safety or effectiveness of the drug, taking into account the risk and benefits to patients; and (2) convene an advisory committee on compounding before creating the list.

The bill also require the Secretary to assess an annual establishment fee on each outsourcing facility and a reinspection fee, as necessary.

The bill would prohibit the resale of a compounded drug labeled “not for resale,” or the intentional falsification of a prescription for a compounded drug. It would deem a drug to be misbranded if the advertising or promotion of a compounded drug is false or misleading in any particular.

The bill would require the Secretary to receive submissions from state boards of pharmacy: (1) describing any disciplinary actions taken against compounding pharmacies or any recall of a compounded drug, and (2) expressing concerns that a compounding pharmacy may be violating the FFDCA.

The bill would revise compounding pharmacy requirements to remove prohibitions on advertising and promotion by compounding pharmacies and remove requirement that prescriptions filled by a compounding pharmacy be unsolicited.

The bill would require the Comptroller General (GAO) to report on pharmacy compounding and the adequacy of state and federal efforts to assure the safety of compounded drugs.

Title II: Drug Supply Chain Security

Title II of the bill, the Drug Supply Chain Security Act (DSCSA), would establish requirements to facilitate the tracing of prescription drug products through the pharmaceutical supply distribution chain.

The bill would require the Secretary to establish standards for the exchange of transaction documentation, which shall include transaction information, transaction history, and transaction statements.

The bill would require the Secretary to establish processes to: (1) provide waivers of requirements, including for undue economic hardship or emergency medical reasons; (2) provide exceptions to requirements relating to product identifiers if a product is packaged without sufficient space to bear the information; and (3) determine other products or transactions that should be exempt from the requirements of this Act.

The bill would establish requirements for drug manufacturers, wholesalers, dispensers, and repackagers to ensure that all prior transaction information is provided at each transfer of ownership.

The bill would require a manufacturer, wholesale distributor, dispenser, and repackager, in the event of a recall or for the purpose of investigating a suspect product or an illegitimate product, to provide within a reasonable time the applicable transaction documentation upon request by the Secretary or other appropriate federal or state official.

The bill would require a manufacturer or repackager to affix or imprint a product identifier on each package and homogenous case intended to be introduced in a transaction into commerce except for products that are required to have a standardized numerical identifier.

The bill would require a manufacturer, wholesale distributor, dispenser, or repackager to ensure that each of its trading partners is authorized.

The bill would require a manufacturer, wholesale distributor, dispenser, and repackager to implement systems to: (1) investigate suspect products; and (2) handle illegitimate products, including through quarantine, disposal, and appropriate notice to the Secretary and, as necessary, trading partners.

The bill would require manufacturers, wholesale distributors, and repackagers to verify returned products before further distribution.

The bill would implement additional requirements related to the tracing of products at the package level ten years after enactment of this Act.

The bill would require the Secretary to establish projects and hold public meetings to enhance the safety and security of the pharmaceutical distribution supply chain.

The bill would require the Secretary to establish standards for the licensing of wholesale distributors and third party logistics providers.

The bill would preempt state and local requirements related to tracing drugs through the distribution system, and licensure of wholesale distributors and third party logistics providers.

Procedural history

The Drug Quality and Security Act was introduced in the United States House of Representatives on September 27, 2013 by Rep. Fred Upton (R, MI-6).[7] It was referred to the United States House Committee on Energy and Commerce. The House voted on September 28, 2013 to pass the bill in a voice vote.

The Drug Quality and Security Act was received in the Senate on September 30, 2013. The Senate began working on the bill on November 12, 2013.[3] They voted 97-1 to begin working on the bill; Senator Vitter was the only "no" vote.[3] The Senate passed the bill without amendments on November 18, 2013.

The bill was presented to President Obama on November 21, 2013, and signed into law on November 27.

Debate and discussion

The Hill reported that the bill had "broad bipartisan support" in both the House and the Senate.[5]

Vitter filibuster

Senator David Vitter (R-LA) filibustered the bill, using that tactic to try to get the Senate to vote on the Show Your Exemption Act.[1] That bill would require Senators and Representatives to "disclose which of their staff they have exempted from enrolling in insurance through the ObamaCare health exchange."[1] Majority Leader Harry Reid criticized this move, insisting that the Drug Quality and Security Act was more important to finish.[1] Reid also vowed not to "let one senator dictate what goes on here in the Senate."[5]

See also

Notes/References

  1. 1 2 3 4 5 6 Cox, Ramsey (14 November 2013). "Senate inches toward passing drug bill". The Hill. Retrieved 15 November 2013.
  2. 1 2 "House Passes Upton Bill to Prevent Repeat of Deadly Meningitis Outbreak, Strengthen Prescription Drug Supply Chain". Office of Representative Upton. September 28, 2013. Retrieved 15 November 2013.
  3. 1 2 3 4 Cox, Ramsey (12 November 2013). "Senate starts work on compound drug bill". The Hill. Retrieved 15 November 2013.
  4. 1 2 "Multi-State Meningitis Outbreak - Current Case Count". Centers for Disease Control and Prevention. Retrieved 15 November 2013.
  5. 1 2 3 Cox, Ramsey (14 November 2013). "Reid vows not to let Vitter 'dictate' the Senate". The Hill. Retrieved 15 November 2013.
  6. ↑ "H.R. 3204 - Summary". United States Congress. Retrieved 15 November 2013.
  7. ↑ "H.R. 3204 - All Actions". United States Congress. Retrieved 13 November 2013.

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