80_FR_39249 80 FR 39119 - Agency Information Collection Activities: Proposed Collection; Comment Request

80 FR 39119 - Agency Information Collection Activities: Proposed Collection; Comment Request

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Agency for Healthcare Research and Quality

Federal Register Volume 80, Issue 130 (July 8, 2015)

Page Range39119-39121
FR Document2015-16646

This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve the proposed information collection project: ``Assessing the Impact of the National Implementation of TeamSTEPPS Master Training Program.'' In accordance with the Paperwork Reduction Act, 44 U.S.C. 3501-3520, AHRQ invites the public to comment on this proposed information collection. This proposed information collection was previously published in the Federal Register on April 10th, 2015 and allowed 60 days for public comment. No substantive comments were received. The purpose of this notice is to allow an additional 30 days for public comment.

Federal Register, Volume 80 Issue 130 (Wednesday, July 8, 2015)
[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39119-39121]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16646]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Agency for Healthcare Research and Quality, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces the intention of the Agency for 
Healthcare Research and Quality (AHRQ) to request that the Office of 
Management and Budget (OMB) approve the proposed information collection 
project: ``Assessing the Impact of the National Implementation of 
TeamSTEPPS Master Training Program.'' In accordance with the Paperwork 
Reduction Act, 44 U.S.C. 3501-3520, AHRQ invites the public to comment 
on this proposed information collection.
    This proposed information collection was previously published in 
the Federal Register on April 10th, 2015 and allowed 60 days for public 
comment. No substantive comments were received. The purpose of this 
notice is to allow an additional 30 days for public comment.

DATES: Comments on this notice must be received by August 7, 2015.

ADDRESSES: Written comments should be submitted to: AHRQ's OMB Desk 
Officer by fax at (202) 395-6974 (attention: AHRQ's desk officer) or by 
email at [email protected] (attention: AHRQ's desk officer). 
Copies of the proposed collection plans, data collection instruments, 
and specific details on the estimated burden can be obtained from the 
AHRQ Reports Clearance Officer.

FOR FURTHER INFORMATION CONTACT: Doris Lefkowitz, AHRQ Reports 
Clearance Officer, (301) 427-1477, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Proposed Project

Assessing the Impact of the National Implementation of TeamSTEPPS 
Master Training Program

    AHRQ, in collaboration with the Department of Defense's (DoD) 
Tricare Management Activity (TMA), developed TeamSTEPPS[supreg] (``Team 
Strategies and Tools to Enhance Performance and Patient Safety'') to 
provide an evidence-based suite of tools and strategies for teaching 
teamwork-based patient safety to health care professionals. In 2007, 
AHRQ and DoD coordinated the national implementation of the TeamSTEPPS 
Program. The main objective of this program is to improve patient 
safety by training a select group of stakeholders such as Quality 
Improvement Organization (QIO) personnel, High Reliability Organization 
(HRO) staff, and health care system staff in various teamwork, 
communication, and patient safety concepts, tools, and techniques. 
Ultimately, TeamSTEPPS will help to build a national and state-level 
infrastructure for supporting teamwork-based patient safety efforts in 
health care organizations.
    The National Implementation of TeamSTEPPS Master Training Program 
includes the training of ``Master Trainers'' in various health care 
systems capable of stimulating the utilization and adoption of 
TeamSTEPPS in their health care delivery systems, providing technical 
assistance and consultation on implementing TeamSTEPPS, and developing 
various channels of learning (e.g., user networks, various educational 
venues) for continuing support and improvement of teamwork in health 
care. AHRQ has already trained a corps of over 5,000 participants to 
serve as the Master Trainer infrastructure supporting national adoption 
of TeamSTEPPS. An anticipated 2,400 participants, who are undergoing 
training now, will be studied in this assessment. After training, these 
participants will become Master Trainers in TeamSTEPPS and will have 
the opportunity to observe the program's tools and strategies in 
action. In addition to developing a corps of Master Trainers, AHRQ has 
also developed a series of support mechanisms for this effort including 
a data collection Web tool, a TeamSTEPPS call support center, and a 
monthly consortium to address any challenges encountered implementing 
TeamSTEPPS.
    Participants applied to the program as teams representing their 
organizations and were accepted as training participants after having 
completed an organizational readiness assessment. Due to the 
differences among the types of organizations participating in the 
program, participants will apply the tools and concepts differently 
within and/or beyond their home organizations. For example:
     Health care system staff (or implementers) from hospitals, 
home health agencies, nursing homes, large physician practices, and 
other direct care organizations are more likely than other participants 
to implement the TeamSTEPPS materials on a daily basis and will be more 
likely to affect specific work processes being conducted within an 
organization. As a result, health care system participants are likely 
to have a focused and specific impact that is limited to their 
organization.
     QIO\HRO\Hospital Association\State Health Department 
participants (or facilitators) will be more likely to have both an in-
depth and broad impact if they use the TeamSTEPPS materials to assist a 
particular organization in its patient safety activities, as well as to 
provide general patient safety guidance to a large number of 
organizations.
    To clarify the differences among the participants, a logic model 
has been developed that highlights the roles of the different types of 
participants, the types of activities in which they are likely to 
engage after training, and the potential outcomes that may stem from 
these activities. The logic model served as a guide for developing 
questions for a web-based questionnaire and qualitative interviews to 
ensure that participant and leadership feedback is captured as 
thoroughly and accurately as possible.
    AHRQ is conducting an ongoing evaluation of the National 
Implementation of TeamSTEPPS Master Training Program. The goals of this 
evaluation are to examine the extent to which training participants 
have been able to:
    (1) Implement the TeamSTEPPS products, concepts, tools, and 
techniques in their home organizations and,
    (2) spread that training, knowledge, and skills to their 
organizations, local areas, regions, and states.
    The National Implementation of TeamSTEPPS program is led by AHRQ 
through its contractor, the Health Research and Educational Trust 
(HRET). This study is being conducted by HRET's subcontractor, IMPAQ 
International. The work is being

[[Page 39120]]

conducted pursuant to AHRQ's statutory authority to conduct and support 
research, evaluations, and training on health care and on systems for 
the delivery of such care, including activities with respect to the 
quality, effectiveness, efficiency, appropriateness and value of 
healthcare services and with respect to quality measurement and 
improvement. 42 U.S.C. 299a(a)(1) and (2).

Method of Collection

    To achieve the goals of this assessment the following two data 
collections will be implemented:
    (1) Training participant questionnaires to examine post-training 
activities and teamwork outcomes as a result of training from multiple 
perspectives. The questionnaire is directed to all Master Training 
participants, and will cover post-training activities, implementation 
experiences, facilitators and barriers to implementation encountered, 
and perceived outcomes as a result of these activities. Advance notice, 
invitations to participate, reminder emails, and thank you letters to 
respondents are included in the participant questionnaire.
    (2) Semi-structured interviews will be conducted with members from 
organizations who participated in the TeamSTEPPS Master Training 
Program. Information gathered from these interviews will be analyzed 
and used to draft a ``lessons learned'' document that will capture 
additional detail on the issues related to participants' and 
organizations' abilities to implement and disseminate TeamSTEPPS post-
training. The organizations will vary in terms of type of organization 
(e.g., QIO or hospital associations versus health care systems) and 
region (i.e., Northeast, Midwest, Southwest, Southeast, Mid-Atlantic, 
West Coast). In addition, we will strive to ensure that the 
distribution of organizations mirrors the distribution of organizations 
in the Master Training population. For example, if the distribution of 
organizations is such that only one out of every five organizations is 
a QIO, we will ensure that a maximum of two organizations in the site 
visit sample are QIOs. The interviews will more accurately reveal the 
degree of training spread for the organizations included. Interviewees 
will be drawn from qualified individuals serving in one of two roles 
(i.e., implementers or facilitators). The interview protocol will be 
adapted for each role based on the respondent group and to some degree, 
for each individual, based on their training and patient safety 
experience. There is also an informed consent form that each 
participant will be required to sign prior to beginning the interview.
    The final product for this evaluation will be a report that 
documents the background, methodology, results (including any patterns 
or themes emerging from the data), limitations of the study, and 
recommendations for future training programs and tool development. The 
results of this evaluation will help AHRQ understand the extent to 
which participants and participating organizations have been able to 
employ various TeamSTEPPS tools and concepts and the barriers and 
facilitators they encountered. This information will help guide AHRQ in 
developing and refining other patient safety tools and future training 
programs for patient safety.

Estimated Annual Respondent Burden

    Exhibit 1 shows the estimated annualized burden hours for the 
respondent's time to participate in the study. Semi-structured 
interviews will be conducted with a maximum of nine individuals from 
each of nine participating organizations and will last about one hour 
each. The training participant questionnaire will be completed by 
approximately 10 individuals from each of about 240 organizations and 
is estimated to require 20 minutes to complete. The total annualized 
burden is estimated to be 881 hours.
    Exhibit 2 shows the estimated annualized cost burden based on the 
respondents' time to participate in the study. The total cost burden is 
estimated to be $39,240.

                                  Exhibit 1--Estimated Annualized Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                     Number of
                    Form name                        Number of     responses per     Hours per     Total burden
                                                    respondents     respondent       response          hours
----------------------------------------------------------------------------------------------------------------
Semi-structured interview.......................               9               9           60/60              81
Training participant questionnaire..............             240              10           20/60             800
                                                 ---------------------------------------------------------------
    Total.......................................             249              NA              NA             881
----------------------------------------------------------------------------------------------------------------


                                   Exhibit 2--Estimated Annualized Cost Burden
----------------------------------------------------------------------------------------------------------------
                                                     Number of     Total burden   Average hourly    Total cost
                    Form name                       respondents        hours        wage rate *       burden
----------------------------------------------------------------------------------------------------------------
Semi-structured interview.......................               9              81          $45.31          $3,670
Training participant questionnaire..............             240             800           45.31          36,248
                                                 ---------------------------------------------------------------
    Total.......................................             249             881              NA          39,918
----------------------------------------------------------------------------------------------------------------
* Based upon the mean of the average wages for all health professionals (29-0000) for the training participant
  questionnaire and for executives, administrators, and managers for the organizational leader questionnaire
  presented in the National Compensation Survey: Occupational Wages in the United States, May 2014, U.S.
  Department of Labor, Bureau of Labor Statistics. http://www.bls.gov/oes/current/oes_nat.htm.

Request for Comments

    In accordance with the Paperwork Reduction Act, comments on AHRQ's 
information collection are requested with regard to any of the 
following: (a) whether the proposed collection of information is 
necessary for the proper performance of AHRQ health care research and 
health care information dissemination functions, including whether the 
information will have practical utility; (b) the accuracy of AHRQ's 
estimate of burden (including hours and costs) of the proposed 
collection(s) of information; (c) ways to enhance the quality, utility, 
and clarity of the information to be collected; and (d) ways to 
minimize the burden of the

[[Page 39121]]

collection of information upon the respondents, including the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized 
and included in the Agency's subsequent request for OMB approval of the 
proposed information collection. All comments will become a matter of 
public record.

Sharon B. Arnold,
Deputy Director.
[FR Doc. 2015-16646 Filed 7-7-15; 8:45 am]
BILLING CODE 4160-90-P



                                                                              Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices                                             39119

                                                Correction                                               FOR FURTHER INFORMATION CONTACT:                         Participants applied to the program as
                                                  In the Federal Register of June 22,                    Doris Lefkowitz, AHRQ Reports                         teams representing their organizations
                                                2015, in FR Vol. 80, No. 119, on page                    Clearance Officer, (301) 427–1477, or by              and were accepted as training
                                                35649, in the third column, on lines 13–                 email at doris.lefkowitz@AHRQ.hhs.gov.                participants after having completed an
                                                14, correct the ADDRESSES caption to                     SUPPLEMENTARY INFORMATION:                            organizational readiness assessment.
                                                read:                                                                                                          Due to the differences among the types
                                                                                                         Proposed Project                                      of organizations participating in the
                                                ADDRESSES: CECANF will convene its
                                                                                                         Assessing the Impact of the National                  program, participants will apply the
                                                meeting at the Madison Marriott West,
                                                                                                         Implementation of TeamSTEPPS Master                   tools and concepts differently within
                                                1313 John Q. Hammons Drive,
                                                                                                         Training Program                                      and/or beyond their home
                                                Middleton, Wisconsin. This site is
                                                                                                                                                               organizations. For example:
                                                accessible to individuals with                              AHRQ, in collaboration with the
                                                                                                                                                                  • Health care system staff (or
                                                disabilities. The meeting also will be                   Department of Defense’s (DoD) Tricare
                                                                                                                                                               implementers) from hospitals, home
                                                made available via teleconference and/                   Management Activity (TMA), developed
                                                                                                                                                               health agencies, nursing homes, large
                                                or webinar.                                              TeamSTEPPS® (‘‘Team Strategies and
                                                                                                                                                               physician practices, and other direct
                                                                                                         Tools to Enhance Performance and
                                                 Dated: June 30, 2015.                                                                                         care organizations are more likely than
                                                                                                         Patient Safety’’) to provide an evidence-
                                                Amy Templeman,                                                                                                 other participants to implement the
                                                                                                         based suite of tools and strategies for
                                                Acting Executive Director.                                                                                     TeamSTEPPS materials on a daily basis
                                                                                                         teaching teamwork-based patient safety
                                                [FR Doc. 2015–16698 Filed 7–7–15; 8:45 am]                                                                     and will be more likely to affect specific
                                                                                                         to health care professionals. In 2007,
                                                                                                                                                               work processes being conducted within
                                                BILLING CODE 6820–34–P                                   AHRQ and DoD coordinated the                          an organization. As a result, health care
                                                                                                         national implementation of the                        system participants are likely to have a
                                                                                                         TeamSTEPPS Program. The main                          focused and specific impact that is
                                                DEPARTMENT OF HEALTH AND                                 objective of this program is to improve               limited to their organization.
                                                HUMAN SERVICES                                           patient safety by training a select group                • QIO\HRO\Hospital
                                                                                                         of stakeholders such as Quality                       Association\State Health Department
                                                Agency for Healthcare Research and                       Improvement Organization (QIO)
                                                Quality                                                                                                        participants (or facilitators) will be more
                                                                                                         personnel, High Reliability Organization              likely to have both an in-depth and
                                                                                                         (HRO) staff, and health care system staff             broad impact if they use the
                                                Agency Information Collection
                                                                                                         in various teamwork, communication,                   TeamSTEPPS materials to assist a
                                                Activities: Proposed Collection;
                                                                                                         and patient safety concepts, tools, and               particular organization in its patient
                                                Comment Request
                                                                                                         techniques. Ultimately, TeamSTEPPS                    safety activities, as well as to provide
                                                AGENCY: Agency for Healthcare Research                   will help to build a national and state-              general patient safety guidance to a large
                                                and Quality, HHS.                                        level infrastructure for supporting                   number of organizations.
                                                ACTION: Notice.                                          teamwork-based patient safety efforts in                 To clarify the differences among the
                                                                                                         health care organizations.                            participants, a logic model has been
                                                SUMMARY:   This notice announces the                        The National Implementation of                     developed that highlights the roles of
                                                intention of the Agency for Healthcare                   TeamSTEPPS Master Training Program                    the different types of participants, the
                                                Research and Quality (AHRQ) to request                   includes the training of ‘‘Master                     types of activities in which they are
                                                that the Office of Management and                        Trainers’’ in various health care systems             likely to engage after training, and the
                                                Budget (OMB) approve the proposed                        capable of stimulating the utilization                potential outcomes that may stem from
                                                information collection project:                          and adoption of TeamSTEPPS in their                   these activities. The logic model served
                                                ‘‘Assessing the Impact of the National                   health care delivery systems, providing               as a guide for developing questions for
                                                Implementation of TeamSTEPPS Master                      technical assistance and consultation on              a web-based questionnaire and
                                                Training Program.’’ In accordance with                   implementing TeamSTEPPS, and                          qualitative interviews to ensure that
                                                the Paperwork Reduction Act, 44 U.S.C.                   developing various channels of learning               participant and leadership feedback is
                                                3501–3520, AHRQ invites the public to                    (e.g., user networks, various educational             captured as thoroughly and accurately
                                                comment on this proposed information                     venues) for continuing support and                    as possible.
                                                collection.                                              improvement of teamwork in health                        AHRQ is conducting an ongoing
                                                   This proposed information collection                  care. AHRQ has already trained a corps                evaluation of the National
                                                was previously published in the Federal                  of over 5,000 participants to serve as the            Implementation of TeamSTEPPS Master
                                                Register on April 10th, 2015 and                         Master Trainer infrastructure supporting              Training Program. The goals of this
                                                allowed 60 days for public comment. No                   national adoption of TeamSTEPPS. An                   evaluation are to examine the extent to
                                                substantive comments were received.                      anticipated 2,400 participants, who are               which training participants have been
                                                The purpose of this notice is to allow an                undergoing training now, will be                      able to:
                                                additional 30 days for public comment.                   studied in this assessment. After                        (1) Implement the TeamSTEPPS
                                                DATES: Comments on this notice must be                   training, these participants will become              products, concepts, tools, and
                                                received by August 7, 2015.                              Master Trainers in TeamSTEPPS and                     techniques in their home organizations
                                                ADDRESSES: Written comments should                       will have the opportunity to observe the              and,
                                                be submitted to: AHRQ’s OMB Desk                         program’s tools and strategies in action.                (2) spread that training, knowledge,
                                                Officer by fax at (202) 395–6974                         In addition to developing a corps of                  and skills to their organizations, local
                                                (attention: AHRQ’s desk officer) or by                   Master Trainers, AHRQ has also                        areas, regions, and states.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                email at OIRA_submission@                                developed a series of support                            The National Implementation of
                                                omb.eop.gov (attention: AHRQ’s desk                      mechanisms for this effort including a                TeamSTEPPS program is led by AHRQ
                                                officer). Copies of the proposed                         data collection Web tool, a                           through its contractor, the Health
                                                collection plans, data collection                        TeamSTEPPS call support center, and a                 Research and Educational Trust (HRET).
                                                instruments, and specific details on the                 monthly consortium to address any                     This study is being conducted by
                                                estimated burden can be obtained from                    challenges encountered implementing                   HRET’s subcontractor, IMPAQ
                                                the AHRQ Reports Clearance Officer.                      TeamSTEPPS.                                           International. The work is being


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                                                39120                                    Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices

                                                conducted pursuant to AHRQ’s                                                draft a ‘‘lessons learned’’ document that                      (including any patterns or themes
                                                statutory authority to conduct and                                          will capture additional detail on the                          emerging from the data), limitations of
                                                support research, evaluations, and                                          issues related to participants’ and                            the study, and recommendations for
                                                training on health care and on systems                                      organizations’ abilities to implement                          future training programs and tool
                                                for the delivery of such care, including                                    and disseminate TeamSTEPPS post-                               development. The results of this
                                                activities with respect to the quality,                                     training. The organizations will vary in                       evaluation will help AHRQ understand
                                                effectiveness, efficiency,                                                  terms of type of organization (e.g., QIO                       the extent to which participants and
                                                appropriateness and value of healthcare                                     or hospital associations versus health                         participating organizations have been
                                                services and with respect to quality                                        care systems) and region (i.e., Northeast,                     able to employ various TeamSTEPPS
                                                measurement and improvement.                                                Midwest, Southwest, Southeast, Mid-                            tools and concepts and the barriers and
                                                42 U.S.C. 299a(a)(1) and (2).                                               Atlantic, West Coast). In addition, we                         facilitators they encountered. This
                                                                                                                            will strive to ensure that the distribution                    information will help guide AHRQ in
                                                Method of Collection
                                                                                                                            of organizations mirrors the distribution                      developing and refining other patient
                                                   To achieve the goals of this                                             of organizations in the Master Training                        safety tools and future training programs
                                                assessment the following two data                                           population. For example, if the                                for patient safety.
                                                collections will be implemented:                                            distribution of organizations is such that
                                                   (1) Training participant                                                                                                                Estimated Annual Respondent Burden
                                                                                                                            only one out of every five organizations
                                                questionnaires to examine post-training                                     is a QIO, we will ensure that a                                  Exhibit 1 shows the estimated
                                                activities and teamwork outcomes as a                                       maximum of two organizations in the                            annualized burden hours for the
                                                result of training from multiple                                            site visit sample are QIOs. The                                respondent’s time to participate in the
                                                perspectives. The questionnaire is                                          interviews will more accurately reveal                         study. Semi-structured interviews will
                                                directed to all Master Training                                             the degree of training spread for the                          be conducted with a maximum of nine
                                                participants, and will cover post-                                          organizations included. Interviewees                           individuals from each of nine
                                                training activities, implementation                                         will be drawn from qualified                                   participating organizations and will last
                                                experiences, facilitators and barriers to                                   individuals serving in one of two roles                        about one hour each. The training
                                                implementation encountered, and                                             (i.e., implementers or facilitators). The                      participant questionnaire will be
                                                perceived outcomes as a result of these                                     interview protocol will be adapted for                         completed by approximately 10
                                                activities. Advance notice, invitations to                                  each role based on the respondent group                        individuals from each of about 240
                                                participate, reminder emails, and thank                                     and to some degree, for each individual,                       organizations and is estimated to require
                                                you letters to respondents are included                                     based on their training and patient                            20 minutes to complete. The total
                                                in the participant questionnaire.                                           safety experience. There is also an                            annualized burden is estimated to be
                                                   (2) Semi-structured interviews will be                                   informed consent form that each                                881 hours.
                                                conducted with members from                                                 participant will be required to sign prior                       Exhibit 2 shows the estimated
                                                organizations who participated in the                                       to beginning the interview.                                    annualized cost burden based on the
                                                TeamSTEPPS Master Training Program.                                            The final product for this evaluation                       respondents’ time to participate in the
                                                Information gathered from these                                             will be a report that documents the                            study. The total cost burden is estimated
                                                interviews will be analyzed and used to                                     background, methodology, results                               to be $39,240.

                                                                                                               EXHIBIT 1—ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                                           Number of
                                                                                                                                                                          Number of                          Hours per         Total
                                                                                                 Form name                                                                               responses per
                                                                                                                                                                         respondents                         response      burden hours
                                                                                                                                                                                           respondent

                                                Semi-structured interview ................................................................................                          9                  9           60/60             81
                                                Training participant questionnaire ...................................................................                            240                 10           20/60            800

                                                      Total ..........................................................................................................            249                NA              NA             881


                                                                                                                EXHIBIT 2—ESTIMATED ANNUALIZED COST BURDEN
                                                                                                                                                                                                              Average
                                                                                                                                                                          Number of          Total                          Total cost
                                                                                                 Form name                                                                                                  hourly wage
                                                                                                                                                                         respondents     burden hours                        burden
                                                                                                                                                                                                               rate *

                                                Semi-structured interview ................................................................................                          9                81           $45.31         $3,670
                                                Training participant questionnaire ...................................................................                            240               800            45.31         36,248

                                                      Total ..........................................................................................................            249               881              NA          39,918
                                                   * Based upon the mean of the average wages for all health professionals (29–0000) for the training participant questionnaire and for execu-
                                                tives, administrators, and managers for the organizational leader questionnaire presented in the National Compensation Survey: Occupational
                                                Wages in the United States, May 2014, U.S. Department of Labor, Bureau of Labor Statistics. http://www.bls.gov/oes/current/oes_nat.htm.
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Request for Comments                                                        information is necessary for the proper                        AHRQ’s estimate of burden (including
                                                  In accordance with the Paperwork                                          performance of AHRQ health care                                hours and costs) of the proposed
                                                Reduction Act, comments on AHRQ’s                                           research and health care information                           collection(s) of information; (c) ways to
                                                information collection are requested                                        dissemination functions, including                             enhance the quality, utility, and clarity
                                                with regard to any of the following: (a)                                    whether the information will have                              of the information to be collected; and
                                                whether the proposed collection of                                          practical utility; (b) the accuracy of                         (d) ways to minimize the burden of the


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                                                                              Federal Register / Vol. 80, No. 130 / Wednesday, July 8, 2015 / Notices                                            39121

                                                collection of information upon the                       I. Background                                         time of manufacturing to delivery to the
                                                respondents, including the use of                           Section 306(a)(2)(B) of the FD&C Act               patient, and some drug packaging and
                                                automated collection techniques or                       (21 U.S.C. 335a(a)(2)(B)) requires                    inserts were written solely in languages
                                                other forms of information technology.                   debarment of an individual if FDA finds               other than English.
                                                  Comments submitted in response to                                                                               Immediately after establishing Gallant
                                                                                                         that the individual has been convicted
                                                this notice will be summarized and                                                                             Pharma’s presence in the Eastern
                                                                                                         of a felony under Federal law for
                                                included in the Agency’s subsequent                                                                            District of Virginia, on or about
                                                                                                         conduct relating to the regulation of any
                                                request for OMB approval of the                                                                                September 25, 2009, Mr. Khan received
                                                                                                         drug product under the FD&C Act.
                                                proposed information collection. All                                                                           a cease and desist letter from a law firm
                                                                                                            On March 11, 2014, the U.S. District
                                                comments will become a matter of                                                                               on behalf of Medicis, the exclusive
                                                                                                         Court for the Eastern District of Virginia
                                                public record.                                                                                                 authorized marketer of Restylane and
                                                                                                         entered judgment against Mr. Khan for
                                                                                                                                                               Perlane in the United States and
                                                Sharon B. Arnold,                                        one count of conspiracy in violation of
                                                                                                                                                               Canada. The letter informed Mr. Khan’s
                                                                                                         18 U.S.C. 371, and one count of
                                                Deputy Director.                                                                                               company that its marketing of these
                                                                                                         introducing misbranded drugs into
                                                [FR Doc. 2015–16646 Filed 7–7–15; 8:45 am]                                                                     drugs violated the FD&C Act and could
                                                                                                         interstate commerce, in violation of 21
                                                BILLING CODE 4160–90–P                                                                                         subject Gallant Pharma to substantial
                                                                                                         U.S.C. 331(a) and 333(a)(2) and 18
                                                                                                                                                               criminal and civil penalties. The letter
                                                                                                         U.S.C. 2.
                                                                                                                                                               included Gallant Pharma’s marketing
                                                                                                            FDA’s finding that debarment is
                                                DEPARTMENT OF HEALTH AND                                                                                       materials, which falsely claimed that
                                                                                                         appropriate is based on the felony
                                                HUMAN SERVICES                                                                                                 Gallant Pharma had been ‘‘strictly
                                                                                                         convictions referenced herein. The
                                                                                                                                                               working with the current FDA rules and
                                                Food and Drug Administration                             factual basis for this conviction is as
                                                                                                                                                               regulations for almost 10 years.’’
                                                                                                         follows: Mr. Khan was a cofounder and                    Mr. Khan purchased drugs and
                                                                                                         co-owner of Gallant Pharma                            devices from suppliers in, among other
                                                [Docket No. FDA–2014–N–2103]
                                                                                                         International Inc. (Gallant Pharma),                  places, Turkey, Switzerland, the United
                                                Talib Khan: Debarment Order                              between August 2009 and August 2013.                  Kingdom, and the United Arab
                                                                                                         Gallant was a company dedicated to the                Emirates. In or around March 2011, after
                                                AGENCY:    Food and Drug Administration,                 illegal importation and sale of                       a coconspirator’s medical license had
                                                HHS.                                                     misbranded and non-FDA approved                       expired, Mr. Khan altered the expiration
                                                                                                         chemotherapy drugs and injectable                     date on the medical license to make it
                                                ACTION:   Notice.
                                                                                                         cosmetic drugs and devices in the                     appear that the license was still valid.
                                                SUMMARY:    The U.S. Food and Drug                       United States.                                           On at least 18 occasions, Mr. Khan
                                                Administration (FDA or Agency) is                           As cofounder and co-owner of Gallant               personally completed false customs
                                                issuing an order under the Federal                       Pharma, Mr. Khan was primarily                        declarations and thereby illegally
                                                Food, Drug, and Cosmetic Act (the                        responsible for the international aspect              imported misbranded drugs and devices
                                                FD&C Act) permanently debarring Talib                    of the conspiracy, including: (1)                     from Canada to the Eastern District of
                                                Khan from providing services in any                      Determining which drugs and devices to                Virginia. Mr. Khan also personally
                                                capacity to a person that has an                         sell in the United States; (2) establishing           accepted and processed orders for
                                                approved or pending drug product                         relationships with international                      Gallant Pharma customers.
                                                application. FDA bases this order on a                   suppliers; (3) directing those suppliers                 Between August 2009 and August
                                                finding that Mr. Khan was convicted of                   to send drugs and devices to                          2013, Gallant Pharma received illegal
                                                two felonies under Federal law for                       transshippers in Canada and the United                proceeds of at least $12,400,000 from
                                                conduct relating to the regulation of a                  Kingdom; (4) arranging for                            the sale of misbranded and non-FDA
                                                drug product. Mr. Khan was given                         transshipment from Canada and the                     approved drugs and devices in the
                                                notice of the proposed permanent                         United Kingdom to the United States;                  United States. Mr. Khan admitted that
                                                debarment and an opportunity to                          (5) interviewing, hiring, and training                he was an organizer or leader of this
                                                request a hearing within the timeframe                   sales representatives in the United                   criminal activity and he additionally
                                                prescribed by regulation. Mr. Khan                       States; (6) and paying suppliers, sales               admitted that his actions were in all
                                                failed to respond. Mr. Khan’s failure to                 representatives, and office employees                 respects knowing, voluntary, and
                                                respond constitutes a waiver of his right                out of foreign bank accounts. Gallant                 intentional, and did not occur by
                                                to a hearing concerning this action.                     Pharma was not licensed as a                          accident, mistake, or for another
                                                                                                         prescription drug wholesaler by the                   innocent reason.
                                                DATES:   This order is effective July 8,                 Commonwealth of Virginia. Some of the                    As a result of his conviction, on
                                                2015.                                                    drugs and devices that Mr. Khan                       March 19, 2015, FDA sent Mr. Khan a
                                                ADDRESSES:  Submit applications for                      acquired were not approved by the FDA                 notice by certified mail proposing to
                                                special termination of debarment to the                  for use on patients in the United States.             permanently debar him from providing
                                                Division of Dockets Management (HFA–                     Mr. Khan admitted that the drugs sold                 services in any capacity to a person that
                                                305), Food and Drug Administration,                      by Gallant Pharma were prescription                   has an approved or pending drug
                                                5630 Fishers Lane, Rm. 1061, Rockville,                  only and were misbranded in that,                     product application. The proposal was
                                                MD 20852.                                                among other things, they did not bear                 based on the finding, under section
                                                                                                         adequate directions for use and were not              306(a)(2)(B) of the FD&C Act, that Mr.
                                                FOR FURTHER INFORMATION CONTACT:                         subject to an exemption from that                     Khan was convicted of felonies under
srobinson on DSK5SPTVN1PROD with NOTICES




                                                Kenny Shade (ELEM–4144), Division of                     requirement, and they were                            Federal law for conduct related to the
                                                Enforcement, Office of Enforcement and                   accompanied by non-FDA approved                       regulation of a drug product. The
                                                Import Operations, Office of Regulatory                  packaging and inserts. The drugs Mr.                  proposal also offered Mr. Khan an
                                                Affairs, Food and Drug Administration,                   Kahn’s company sold also lacked the                   opportunity to request a hearing,
                                                12420 Parklawn Dr., Rockville, MD                        FDA-required pedigree, which protects                 providing him 30 days from the date of
                                                20857, 301–796–4640.                                     patient health by tracking each sale,                 receipt of the letter in which to file the
                                                SUPPLEMENTARY INFORMATION:                               purchase, or trade of a drug from the                 request, and advised him that failure to


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Document Created: 2018-02-23 09:12:48
Document Modified: 2018-02-23 09:12:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments on this notice must be received by August 7, 2015.
ContactDoris Lefkowitz, AHRQ Reports Clearance Officer, (301) 427-1477, or by email at [email protected]
FR Citation80 FR 39119 

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