[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10239 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10239
To amend the Federal Food, Drug, and Cosmetic Act to expand drug
shortage notification practices to include surges in demand for a drug,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 21, 2024
Ms. Spanberger (for herself and Mr. Smith of Nebraska) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to expand drug
shortage notification practices to include surges in demand for a drug,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Drug Shortages Act''.
SEC. 2. DRUG SHORTAGE NOTIFICATION PRACTICES.
Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c) is amended--
(1) in the section heading, by inserting ``or surge in
demand for'' after ``production of'';
(2) in subsection (a), in the matter following paragraph
(2)--
(A) by striking ``or an interruption of the
manufacture of the drug'' and inserting ``, an
interruption of the manufacture of the drug, or a surge
in demand for the drug'';
(B) by striking ``such discontinuance or
interruption'' and inserting ``such discontinuance,
interruption, or surge in demand'';
(C) by striking ``the discontinuation or
interruption'' and inserting ``the discontinuation,
interruption, or surge in demand''; and
(D) by striking ``such discontinuation or
interruption; the expected duration of the
interruption;'' and inserting ``such discontinuation,
interruption, or surge in demand; the expected duration
of the interruption or surge in demand'';
(3) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) in the case of a notice of a discontinuance or
interruption in the manufacture of a drug--
``(A) at least 6 months prior to the date of the
discontinuance or interruption; or
``(B) if compliance with subparagraph (A) is not
possible, as soon as practicable; or
``(2) in the case of a notice of a surge in demand for a
drug, as soon as practicable.'';
(4) in subsection (c)--
(A) by striking ``discontinuance or interruption''
and inserting ``discontinuance, interruption, or surge
in demand''; and
(B) by inserting ``and outsourcing facilities (as
defined in section 503B(d))'' after ``patient
organizations''; and
(5) in subsection (h)--
(A) in paragraph (1), by striking ``and that is
subject to section 503(b)(1)'' and inserting ``or the
active pharmaceutical ingredient of such a drug'';
(B) by amending paragraph (2), to read as follows:
``(2) the term `drug shortage' or `shortage', with respect
to a drug, means a period of time with the demand or projected
demand for the drug within the United States exceeds the supply
of the drug, taking into consideration--
``(A) how the drug is prepared or dispensed,
including the route of administration and dosage form;
and
``(B) information reported by manufacturers, health
care professionals, and patients;'';
(C) in paragraph (3)(B), by striking the period and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) the term `surge' means an increase in demand or
projected demand for a drug that the manufacturer likely will
be unable to meet without meaningful shortfall or delay.''.
SEC. 3. OUTSOURCING FACILITY COMPOUNDING.
Section 503B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353b) is amended--
(1) by redesignating the 2 subsections (d) (relating to
definitions and relating to obligation to pay fees) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) List of Identified Bulk Drug Substances.--The Secretary shall
make publicly available annual updates on the evaluation of bulk drug
substances for purposes of the list maintained under subsection
(a)(2)(A)(i).''.
SEC. 4. HOSPITAL AND HEALTH SYSTEM COMPOUNDING.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall finalize the draft
guidance entitled ``Hospital and Health System Compounding Under
Section 503A of the Federal Food, Drug, and Cosmetic Act: Guidance for
Industry'' issued in October 2021, and ensure that such guidance is
consistent with the most current research and best clinical practices
for pharmacy compounding relating to implementing section 503A of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a).
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