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H.R. 5811 — what changed

Long-Term Opioid Efficacy Act of 2018

From Introduced in House to Engrossed in House. 1 section amended and 1 removed between Introduced in House and Engrossed in House.

Section 1 Postapproval study requirements

(a)
added Purposes of study— Section 505(o)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(B)) is amended by adding at the end the following:

added “(iv) To assess a potential reduction in effectiveness of the drug for the conditions of use prescribed, recommended, or suggested in the labeling thereof if—

added “(I) the drug involved—

added “(aa) is or contains a substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act; or

added “(bb) is a drug that has not been approved under this section or licensed under section 351 of the Public Health Service Act, for which an application for such approval or licensure is pending or anticipated, and for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act; and

added “(II) the potential reduction in effectiveness could result in the benefits of the drug no longer outweighing the risks.”

(b)
added Establishment of requirement— Section 505(o)(3)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(C)) is amended by striking “such requirement” and all that follows through “safety information.” and inserting the following:

added “(i) in the case of a purpose described in clause (i), (ii), or (iii) of subparagraph (B), only if the Secretary becomes aware of new safety information; and

added “(ii) in the case of a purpose described in clause (iv) of such subparagraph, if the Secretary determines that new effectiveness information exists.”

(c)
added Applicability— Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph:

added “(G) Applicability—The conduct of a study or clinical trial required pursuant to this paragraph for the purpose specified in subparagraph (B)(iv) shall not be considered a new clinical investigation for the purpose of a period of exclusivity under clause (iii) or (iv) of subsection (c)(3)(E) or clause (iii) or (iv) of subsection (j)(5)(F).”

(d)
added New effectiveness information defined— Section 505(o)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(2)) is amended by adding at the end the following new subparagraph:

added “(D) New effectiveness information—The term new effectiveness information, with respect to a drug that is or contains a controlled substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act, means new information about the effectiveness of the drug, including a new analysis of existing information, derived from—

added “(i) a clinical trial; an adverse event report; a postapproval study or clinical trial (including a study or clinical trial under paragraph (3));

added “(ii) peer-reviewed biomedical literature;

added “(iii) data derived from the postmarket risk identification and analysis system under subsection (k); or

added “(iv) other scientific data determined to be appropriate by the Secretary.”

(e)
added Conforming amendments with respect to labeling changes— Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(4)) is amended—
(1)
added in subparagraph (A)—
(A)
added in the heading, by inserting “or new effectiveness” after “safety”;
(B)
added by striking “safety information” and inserting “new safety information or new effectiveness information such”; and
(C)
added by striking “believes should be” and inserting “believes changes should be made to”;
(2)
added in subparagraph (B)(i)—
(A)
added by striking “new safety information” and by inserting “new safety information or new effectiveness information”; and
(B)
added by inserting “indications,” after “boxed warnings,”;
(3)
added in subparagraph (C), by inserting “or new effectiveness information” after “safety information”; and
(4)
added in subparagraph (E), by inserting “or new effectiveness information” after “safety information”.
(f)
added Rule of construction— Nothing in the amendments made by this section shall be construed to alter, in any manner, the meaning or application of the provisions of paragraph (3) of section 505(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)) with respect to the authority of the Secretary of Health and Human Services to require a postapproval study or clinical trial for a purpose specified in clauses (i) through (iii) of subparagraph (B) of such paragraph (3) or paragraph (4) of such section 505(o) with respect to the Secretary’s authority to require safety labeling changes.

removed This Act may be cited as the “Long-Term Opioid Efficacy Act of 2018”.

Sec. 2 Postapproval study requirements

removed
(a)
removed Purposes of study— Section 505(o)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(B)) is amended by adding at the end the following:

removed “(iv) To assess a potential reduction in effectiveness or an increase in serious risk of the drug for the conditions of use prescribed, recommended, or suggested in the labeling thereof if—

removed “(I) the drug involved—

removed “(aa) is or contains a substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act; or

removed “(bb) is a drug that has not been approved under this section or licensed under section 351 of the Public Health Service Act, for which an application for such approval or licensure is pending or anticipated, and for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act; and

removed “(II) the potential reduction in effectiveness or the increase in serious risk could result in the benefits of the drug no longer outweighing the risks.”

(b)
removed Establishment of requirement— Section 505(o)(3)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(C)) is amended by striking “such requirement” and all that follows through “safety information.” and inserting the following:

removed “(i) in the case of a purpose described in clause (i), (ii), or (iii) of subparagraph (B), only if the Secretary becomes aware of new safety information; and

removed “(ii) in the case of a purpose described in clause (iv) of such subparagraph, if the Secretary determines that new effectiveness information exists.”

(c)
removed Applicability— Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph:

removed “(E) Applicability—The conduct of a study or clinical trial required pursuant to this paragraph for the purpose specified in subparagraph (B)(iv) shall not be considered a new clinical investigation for the purpose of a period of exclusivity under clause (iii) or (iv) of subsection (c)(3)(E) or clause (iii) or (iv) of subsection (j)(5)(F).”

(d)
removed New effectiveness information defined— Section 505(o)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(2)) is amended by adding at the end the following new subparagraph:

removed “(D) New effectiveness information—The term new effectiveness information, with respect to a drug that is or contains a controlled substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act, means new information about the effectiveness of the drug, including a new analysis of existing information, derived from—

removed “(i) a clinical trial; an adverse event report; a postapproval study or clinical trial (including a study or clinical trial under paragraph (3));

removed “(ii) peer-reviewed biomedical literature;

removed “(iii) data derived from the post­mar­ket risk identification and analysis system under subsection (k); or

removed “(iv) other scientific data determined to be appropriate by the Secretary.”

(e)
removed Conforming amendments with respect to labeling changes— Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(4)) is amended—
(1)
removed in subparagraph (A)—
(A)
removed in the heading, by inserting “or new effectiveness” after “safety”;
(B)
removed by striking “safety information” and inserting “new safety information or new effectiveness information such”; and
(C)
removed by striking “believes should be” and inserting “believes changes should be made to”;
(2)
removed in subparagraph (B)(i)—
(A)
removed by striking “new safety information” and by inserting “new safety information or new effectiveness information”; and
(B)
removed by inserting “indications,” after “boxed warnings,”;
(3)
removed in subparagraph (C), by inserting “or new effectiveness information” after “safety information”; and
(4)
removed in subparagraph (E), by inserting “or new effectiveness information” after “safety information”.
(f)
removed Rule of construction— Nothing in the amendments made by this section shall be construed to alter, in any manner, the meaning or application of the provisions of paragraph (3) of section 505(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)) with respect to the authority of the Secretary of Health and Human Services to require a postapproval study or clinical trial for a purpose specified in clauses (i) through (iii) of subparagraph (B) of such paragraph (3) or paragraph (4) of such section 505(o) with respect to the Secretary’s authority to require safety labeling changes.