CCH NetNews™

(June 3, 2008)

Food and Drug Law

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Featured This Week:

CMS will share Medicare Part D datamining info with FDA

— The FDA's “Sentinel Initiative,” which will permit the agency to immediately access Medicare Part D information on the postmarket safety of prescription drugs, will take effect on June 27, 2008, due to a Centers for Medicare and Medicaid Services regulation that allows the data-mining (73 Federal Register 30664, May 28, 2008). The FDA's use of Medicare Part D drug adverse event information, as well as similar information from the Veteran's Administration, the Department of Defense and certain organizations, will fulfill the Food and Drug Administration Amendments Act of 2007's (FDAAA) mandate to the FDA to develop such an electronic system to improve postmarket drug safety. HHS News Release ¶43,683D.

Detoxification and maintenance patient limits increased

— A qualifying medical practitioner, whether working individually or in a group practice, may offer maintenance and detoxification treatment to 30 patients at any one time, and certain qualifying practitioners may treat up to 100 patients at any one time, under a Drug Enforcement Administration (DEA) rule change that exempts such a practitioner from registering separately as a Narcotic Treatment Program. The change removes the requirement that limits to 30 the number of patients that could receive maintenance or detoxification treatment by an individual physician or a group practice. The rule finalizes a September 20, 2007 proposal, for which the DEA received one favorable comment. The rule change will become effective on June 23, 2008. DEA Order, ¶40,345D.

Anti-HBc assay for requalification method of blood donor pool

— A draft guidance providing information on recommendations about deferred donors to establishments that collect human blood or blood components has been issued for comment. Entitled “Guidance for Industry: Requalification Method for Reentry of Blood Donors Deferred Because of Reactive Test Results for Antibody to Hepatitis B Core Antigen (Anti-HBc),” the draft document gives recommendations on a requalification method or process to reenter deferred donors into a donor pool based on a determination that the previous tests that were repeatedly reactive for anti-HBc were falsely positive and that there was no evidence of infection with Hepatitis B virus (HBV). The availability of a licensed HBV nucleic acid test and the improved specificity of anti-HBc assays led to the FDA's recommendation of this new requalification method. FDA Guidance, ¶320,381.

Allogeneic pancreatic islet cell products; draft guidance

— A draft guidance providing recommendations to manufacturers, sponsors, and clinical investigators involved in the transplantation of allogeneic pancreatic islet cell products for clinical investigations of the treatment of type 1 diabetes mellitus was published. Entitled “Guidance for Industry: Considerations for Allogeneic Pancreatic Islet Cell Products,” the draft guidance provides assistance by identifying the types of data and information obtained during investigational new drug studies that may be helpful in establishing the safety, purity, and potency of a biological product in a biologics license application (BLA). The draft guidance, however, is not intended to identify all of the product, preclinical, and clinical data that may be needed to successfully support a BLA. FDA Guidance, ¶320,382.

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