[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1790
To direct the Secretary of Health and Human Services to evaluate the
extent to which the substitution of interchangeable biological products
is impacted by differences between the system for determining a
biological product to be interchangeable and the system for assigning
therapeutic equivalence ratings to drugs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2023
Mrs. Miller-Meeks (for herself, Ms. Barragan, Mr. Murphy, and Ms.
Kuster) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services to evaluate the
extent to which the substitution of interchangeable biological products
is impacted by differences between the system for determining a
biological product to be interchangeable and the system for assigning
therapeutic equivalence ratings to drugs, 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 ``Biologics Competition Act of 2023''.
SEC. 2. STUDY ON THE SUBSTITUTION OF INTERCHANGEABLE BIOLOGICAL
PRODUCTS.
Not later than 12 months after the date of enactment of this Act,
the Secretary of Health and Human Services shall--
(1) complete a study to evaluate the extent to which the
substitution of interchangeable biological products licensed
under section 351 of the Public Health Service Act (42 U.S.C.
262) may be impacted by differences between the system for
determining a biological product to be interchangeable under
section 351(k)(4) of such Act (42 U.S.C. 262(k)(4)) and the
system for assigning therapeutic equivalence ratings to drugs
approved under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355);
(2) submit a report to the Congress on the results of the
study under paragraph (1); and
(3) update the list published under section 351(k)(9)(A) of
the Public Health Service Act (42 U.S.C. 262(k)(9)(A))
(commonly referred to as the ``Purple Book'') to implement such
changes as the Secretary deems necessary to harmonize the
approach for communicating the substitutability of
interchangeable biological products with the approach for
communicating therapeutic equivalence ratings assigned to
drugs, with the goals of--
(A) minimizing any impediments to the substitution
of interchangeable biological products; and
(B) maintaining the distinct pathways by which
biological products are licensed under section 351 of
the Public Health Service Act (42 U.S.C. 262) and drugs
are approved under section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355).
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