21 U.S.C. § 360bbb–0 | Expanded access policy required for investigational drugs

(a)

In general

section 360bbb(b) of this titleThe manufacturer or distributor of one or more investigational drugs for the diagnosis, monitoring, or treatment of one or more serious diseases or conditions shall make available the policy of the manufacturer or distributor on evaluating and responding to requests submitted under for provision of such a drug.

(b)

Public availability of expanded access policy

The policies under subsection (a) shall be made public and readily available, such as by posting such policies on a publicly available Internet website. Such policies may be generally applicable to all investigational drugs of such manufacturer or distributor.

(c)

Content of policy

A policy described in subsection (a) shall include—

(1)

contact information for the manufacturer or distributor to facilitate communication about requests described in subsection (a);

(2)

procedures for making such requests;

(3)

the general criteria the manufacturer or distributor will use to evaluate such requests for individual patients, and for responses to such requests;

(4)

the length of time the manufacturer or distributor anticipates will be necessary to acknowledge receipt of such requests; and

(5)

section 282(j)(2)(A)(ii)(II)(gg) of title 42 a hyperlink or other reference to the clinical trial record containing information about the expanded access for such drug that is required under .

(d)

No guarantee of access

The posting of policies by manufacturers and distributors under subsection (a) shall not serve as a guarantee of access to any specific investigational drug by any individual patient.

(e)

Revised policy

Nothing in this section shall prevent a manufacturer or distributor from revising a policy required under this section at any time.

(f)

Application

This section shall apply to a manufacturer or distributor with respect to an investigational drug beginning on the earlier of—

(1)

the first initiation of a phase 2 or phase 3 study (as such terms are defined in section 312.21(b) and (c) of title 21, Code of Federal Regulations (or any successor regulations)) with respect to such investigational drug; or

(2)

section 356 of this title as applicable, 15 days after the drug receives a designation as a breakthrough therapy, fast track product, or regenerative advanced therapy under subsection (a), (b), or (g), respectively, of .

June 25, 1938, ch. 675, § 561A Pub. L. 114–255, div. A, title III, § 3032Dec. 13, 2016130 Stat. 1100 Pub. L. 115–52, title VI, § 610(c)Aug. 18, 2017131 Stat. 1053(, as added , , ; amended , , .)

Editorial Notes

Amendments

Pub. L. 115–52December 13, 20162017—Subsec. (f). substituted “earlier” for “later” in introductory provisions, added par. (2), redesignated former par. (2) as (1), and struck out former par. (1) which read as follows: “the date that is 60 calendar days after ; or”.