81_FR_45011 81 FR 44879 - Compounded Drug Products That Are Essentially Copies of Approved Drug Products Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Draft Guidance for Industry; Availability

81 FR 44879 - Compounded Drug Products That Are Essentially Copies of Approved Drug Products Under Section 503B of the Federal Food, Drug, and Cosmetic Act; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44879-44881
FR Document2016-16362

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Compounded Drug Products That Are Essentially Copies of Approved Drug Products Under Section 503B of the Federal Food, Drug, and Cosmetic Act.'' For a drug product compounded by an outsourcing facility to qualify for the exemptions under section 503B of the Federal Food, Drug, and Cosmetic Act (FD&C Act), it must not be essentially a copy of one or more approved drug products and must meet the other conditions in section 503B. This guidance sets forth FDA's policies concerning the ``essentially a copy'' provision of section 503B.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44879-44881]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16362]



[[Page 44879]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-1267]


Compounded Drug Products That Are Essentially Copies of Approved 
Drug Products Under Section 503B of the Federal Food, Drug, and 
Cosmetic Act; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled ``Compounded 
Drug Products That Are Essentially Copies of Approved Drug Products 
Under Section 503B of the Federal Food, Drug, and Cosmetic Act.'' For a 
drug product compounded by an outsourcing facility to qualify for the 
exemptions under section 503B of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act), it must not be essentially a copy of one or more 
approved drug products and must meet the other conditions in section 
503B. This guidance sets forth FDA's policies concerning the 
``essentially a copy'' provision of section 503B.

DATES: Although you can comment on any guidance at any time (see 21 CFR 
10.115(g)(5)), to ensure that the Agency considers your comment on this 
draft guidance before it begins work to finalize the guidance, submit 
either electronic or written comments on this draft guidance by October 
11, 2016. Submit comments on information collection issues under the 
Paperwork Reduction Act of 1995 by August 10, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to http://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Division of Dockets Management (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of 
Dockets Management, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2016-D-1267 for ``Compounded Drug Products That Are Essentially 
Copies of Approved Drug Products Under Section 503B of the Federal 
Food, Drug, and Cosmetic Act.'' Received comments will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at http://www.regulations.gov or at the Division of 
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on http://www.regulations.gov. 
Submit both copies to the Division of Dockets Management. If you do not 
wish your name and contact information to be made publicly available, 
you can provide this information on the cover sheet and not in the body 
of your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Division of Dockets Management, 5630 Fishers 
Lane, Rm. 1061, Rockville, MD 20852.
    Submit comments on information collection issues to the Office of 
Management and Budget in the following ways:
     Fax to the Office of Information and Regulatory Affairs, 
OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or email to 
[email protected]. All comments should be identified with the 
title, ``Compounded Drug Products That Are Essentially Copies of 
Approved Drug Products Under Section 503B of the Federal Food, Drug, 
and Cosmetic Act.''
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. See the SUPPLEMENTARY INFORMATION section for electronic 
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Sara Rothman, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 51, Rm. 5197, Silver Spring, MD, 301-796-3110.

SUPPLEMENTARY INFORMATION: 

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Compounded Drug Products That Are Essentially Copies of 
Approved Drug Products Under Section 503B of the Federal Food, Drug, 
and Cosmetic Act.'' In 2013, the Drug Quality and Security Act, created 
a new section 503B of the Act, which describes a new category of

[[Page 44880]]

compounders called ``outsourcing facilities.'' Section 503B of the FD&C 
Act describes the conditions that must be satisfied for human drug 
products compounded by or under the direct supervision of a licensed 
pharmacist in an outsourcing facility to qualify for exemptions from 
the following three sections of the FD&C Act:
     Section 502(f)(1) (21 U.S.C. 352(f)(1)) (concerning 
labeling of drugs with adequate directions for use);
     Section 505 (21 U.S.C. 355) (concerning the approval of 
drugs under new drug applications (NDAs) or abbreviated new drug 
applications (ANDAs)); and
     Section 582 (21 U.S.C. 360eee-1) (concerning drug supply 
chain security requirements).
    One of the conditions that must be met for a compounded drug 
product to qualify for the exemptions under section 503B of the Act is 
that ``the drug is not essentially a copy of one or more approved 
drugs'' (section 503B(a)(5)).
    Section 503B(d)(2) defines ``essentially a copy of an approved 
drug'' as:
     A drug that is identical or nearly identical to an 
approved drug, or a marketed drug not subject to section 503(b) and not 
subject to approval in an application submitted under section 505, 
unless, in the case of an approved drug, the drug appears on the drug 
shortage list in effect under section 506E at the time of compounding, 
distribution, and dispensing (section 503B(d)(2)(A)); or
     A drug, a component of which is a bulk drug substance that 
is a component of an approved drug or a marketed drug that is not 
subject to section 503(b) and not subject to approval in an application 
submitted under section 505, unless there is a change that produces for 
an individual patient a clinical difference, as determined by the 
prescribing practitioner, between the compounded drug and the 
comparable approved drug (section 503B(d)(2)(B)).
    This guidance sets forth FDA's policies concerning the 
``essentially a copy'' provision of section 503B of the FD&C Act.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on the 
``essentially a copy'' provision of section 503B of the FD&C Act. It 
does not establish any rights for any person and is not binding on FDA 
or the public. You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 
3501-3520), Federal Agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information that 
they conduct or sponsor. ``Collection of information'' is defined in 44 
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or 
requirements that members of the public submit reports, keep records, 
or provide information to a third party. Section 3506(c)(2)(A) of the 
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 
60-day notice in the Federal Register concerning each proposed 
collection of information before submitting the collection to OMB for 
approval. To comply with this requirement, FDA is publishing notice of 
the proposed collection of information set forth in this document.
    With respect to the collection of information associated with this 
document, FDA invites comments on the following topics: (1) Whether the 
proposed collection of information is necessary for the proper 
performance of FDA's functions, including whether the information will 
have practical utility; (2) the accuracy of FDA's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (3) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (4) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques, when appropriate, and other forms of information 
technology.
    Under the draft guidance, pursuant to section 503B(d)(2)(B) of the 
FD&C Act, if an outsourcing facility compounds a drug, the component of 
which is a bulk drug substance that is a component of an approved drug, 
there must be a change that produces a clinical difference for an 
individual patient as determined by the prescribing practitioner. If an 
outsourcing facility intends to rely on such a determination to 
establish that a compounded drug is not essentially a copy of an 
approved drug, the outsourcing facility should ensure that the 
determination is documented on the prescription or order (which may be 
a patient-specific prescription or a non-patient specific order) for 
the compounded drug.
    If a prescription or order does not make clear that the 
determination required by section 503B(d)(2)(B) has been made, the 
outsourcing facility may contact the prescriber or healthcare facility, 
and if the prescriber or healthcare facility confirms it, make a 
notation on the prescription or order that the prescriber has 
determined that the compounded product contains a change that produces 
a clinical difference for patient(s). The date of the conversation with 
the healthcare facility or prescriber should be included on the 
prescription or order.
    We estimate that annually a total of approximately 40 outsourcing 
facilities (``number of respondents'' in table 1, line 1) will consult 
a prescriber to determine whether he or she has made a determination 
that the compounded drug has a change that produces a clinical 
difference for an individual patient as compared to the comparable 
approved drug and that outsourcing facilities will document this 
determination on approximately 4,000 prescriptions or orders for 
compounded drugs (``total annual disclosures'' in table 1, line 1). We 
estimate that the consultation between the outsourcing facility and the 
prescriber or health care facility and adding a notation to each 
prescription or order that does not already document this determination 
will take approximately 3 minutes per prescription or order.
    In addition, if the outsourcing facility compounded a drug that is 
identical or nearly identical to an approved drug product that appeared 
on FDA's drug shortage list, the outsourcing facility should maintain 
documentation (e.g., a notation on the order for the compounded drug) 
regarding the status of the drug on FDA's drug shortage list at the 
time of compounding, distribution and dispensing. We estimate that a 
total of approximately 30 outsourcing facilities (``number of 
respondents'' in table 1, line 2) will document this information on 
approximately 3,000 prescriptions or orders for compounded drugs 
(``total annual disclosures'' in table 1, line 2). We estimate that 
checking FDA's drug shortage list and documenting this information will 
take approximately 2 minutes per prescription or order.
    An outsourcing facility should also maintain records of 
prescriptions or orders including notations that a prescriber has 
determined that the compounded drug has a change that produces a 
clinical difference for an individual patient. Because the time, 
effort, and financial resources necessary to comply with this 
collection of information would be incurred by licensed pharmacists and 
licensed physicians in the normal course of their activities, it is 
excluded from the definition of ``burden'' under 5 CFR 1320.3(b)(2).

[[Page 44881]]

    FDA estimates the burden of this collection of information as 
follows:

                           Table 1--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                 Number of
      Type of reporting          Number of      disclosures    Total annual   Average burden per    Total hours
                                respondents   per respondent    disclosures       disclosure
----------------------------------------------------------------------------------------------------------------
Consultation between the                  40             100           4,000  3 minutes.........             200
 outsourcing facility and
 prescriber or health care
 facility, and the notation
 on the prescription or
 order documenting the
 prescriber's determination
 of clinical difference.
Checking FDA's drug shortage              30             100           3,000  2 minutes.........             100
 list and documenting on the
 prescription that the drug
 is in shortage.
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

III. Electronic Access

    Persons with access to the Internet may obtain the draft guidance 
at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: July 6, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-16362 Filed 7-8-16; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices                                           44879

                                                DEPARTMENT OF HEALTH AND                                  confidential business information, such               sheet and not in the body of your
                                                HUMAN SERVICES                                            as a manufacturing process. Please note               comments and you must identify this
                                                                                                          that if you include your name, contact                information as ‘‘confidential.’’ Any
                                                Food and Drug Administration                              information, or other information that                information marked as ‘‘confidential’’
                                                [Docket No. FDA–2016–D–1267]
                                                                                                          identifies you in the body of your                    will not be disclosed except in
                                                                                                          comments, that information will be                    accordance with 21 CFR 10.20 and other
                                                Compounded Drug Products That Are                         posted on http://www.regulations.gov.                 applicable disclosure law. For more
                                                Essentially Copies of Approved Drug                         • If you want to submit a comment                   information about FDA’s posting of
                                                Products Under Section 503B of the                        with confidential information that you                comments to public dockets, see 80 FR
                                                Federal Food, Drug, and Cosmetic Act;                     do not wish to be made available to the               56469, September 18, 2015, or access
                                                Draft Guidance for Industry;                              public, submit the comment as a                       the information at: http://www.fda.gov/
                                                Availability                                              written/paper submission and in the                   regulatoryinformation/dockets/
                                                                                                          manner detailed (see ‘‘Written/Paper                  default.htm.
                                                AGENCY:    Food and Drug Administration,                  Submissions’’ and ‘‘Instructions’’).                     Docket: For access to the docket to
                                                HHS.                                                                                                            read background documents or the
                                                                                                          Written/Paper Submissions
                                                ACTION:   Notice of availability.                                                                               electronic and written/paper comments
                                                                                                             Submit written/paper submissions as                received, go to http://
                                                SUMMARY:   The Food and Drug                              follows:                                              www.regulations.gov and insert the
                                                Administration (FDA or Agency) is                            • Mail/Hand delivery/Courier (for
                                                                                                                                                                docket number, found in brackets in the
                                                announcing the availability of a draft                    written/paper submissions): Division of
                                                                                                                                                                heading of this document, into the
                                                guidance for industry entitled                            Dockets Management (HFA–305), Food
                                                                                                                                                                ‘‘Search’’ box and follow the prompts
                                                ‘‘Compounded Drug Products That Are                       and Drug Administration, 5630 Fishers
                                                                                                                                                                and/or go to the Division of Dockets
                                                Essentially Copies of Approved Drug                       Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                             • For written/paper comments                       Management, 5630 Fishers Lane, Rm.
                                                Products Under Section 503B of the                                                                              1061, Rockville, MD 20852.
                                                Federal Food, Drug, and Cosmetic Act.’’                   submitted to the Division of Dockets
                                                                                                          Management, FDA will post your                           Submit comments on information
                                                For a drug product compounded by an                                                                             collection issues to the Office of
                                                outsourcing facility to qualify for the                   comment, as well as any attachments,
                                                                                                          except for information submitted,                     Management and Budget in the
                                                exemptions under section 503B of the                                                                            following ways:
                                                                                                          marked and identified, as confidential,
                                                Federal Food, Drug, and Cosmetic Act
                                                                                                          if submitted as detailed in                              • Fax to the Office of Information and
                                                (FD&C Act), it must not be essentially a                                                                        Regulatory Affairs, OMB, Attn: FDA
                                                copy of one or more approved drug                         ‘‘Instructions.’’
                                                                                                             Instructions: All submissions received             Desk Officer, FAX: 202–395–7285, or
                                                products and must meet the other                                                                                email to oira_submission@omb.eop.gov.
                                                conditions in section 503B. This                          must include the Docket No. FDA–
                                                                                                          2016–D–1267 for ‘‘Compounded Drug                     All comments should be identified with
                                                guidance sets forth FDA’s policies                                                                              the title, ‘‘Compounded Drug Products
                                                concerning the ‘‘essentially a copy’’                     Products That Are Essentially Copies of
                                                                                                          Approved Drug Products Under Section                  That Are Essentially Copies of
                                                provision of section 503B.                                                                                      Approved Drug Products Under Section
                                                                                                          503B of the Federal Food, Drug, and
                                                DATES: Although you can comment on                                                                              503B of the Federal Food, Drug, and
                                                                                                          Cosmetic Act.’’ Received comments will
                                                any guidance at any time (see 21 CFR                      be placed in the docket and, except for               Cosmetic Act.’’
                                                10.115(g)(5)), to ensure that the Agency                  those submitted as ‘‘Confidential                        Submit written requests for single
                                                considers your comment on this draft                      Submissions,’’ publicly viewable at                   copies of the draft guidance to the
                                                guidance before it begins work to                         http://www.regulations.gov or at the                  Division of Drug Information, Center for
                                                finalize the guidance, submit either                      Division of Dockets Management                        Drug Evaluation and Research, Food
                                                electronic or written comments on this                    between 9 a.m. and 4 p.m., Monday                     and Drug Administration, 10001 New
                                                draft guidance by October 11, 2016.                       through Friday.                                       Hampshire Ave., Hillandale Building,
                                                Submit comments on information                               • Confidential Submissions—To                      4th Floor, Silver Spring, MD 20993–
                                                collection issues under the Paperwork                     submit a comment with confidential                    0002. Send one self-addressed adhesive
                                                Reduction Act of 1995 by August 10,                       information that you do not wish to be                label to assist that office in processing
                                                2016.                                                     made publicly available, submit your                  your requests. See the SUPPLEMENTARY
                                                ADDRESSES:       You may submit comments                  comments only as a written/paper                      INFORMATION section for electronic
                                                as follows:                                               submission. You should submit two                     access to the draft guidance document.
                                                                                                          copies total. One copy will include the               FOR FURTHER INFORMATION CONTACT: Sara
                                                Electronic Submissions                                    information you claim to be confidential              Rothman, Center for Drug Evaluation
                                                  Submit electronic comments in the                       with a heading or cover note that states              and Research, Food and Drug
                                                following way:                                            ‘‘THIS DOCUMENT CONTAINS                              Administration, 10903 New Hampshire
                                                  • Federal eRulemaking Portal: http://                   CONFIDENTIAL INFORMATION.’’ The                       Ave., Bldg. 51, Rm. 5197, Silver Spring,
                                                www.regulations.gov. Follow the                           Agency will review this copy, including               MD, 301–796–3110.
                                                instructions for submitting comments.                     the claimed confidential information, in              SUPPLEMENTARY INFORMATION:
                                                Comments submitted electronically,                        its consideration of comments. The
                                                including attachments, to http://                         second copy, which will have the                      I. Background
                                                www.regulations.gov will be posted to                     claimed confidential information                         FDA is announcing the availability of
                                                the docket unchanged. Because your                        redacted/blacked out, will be available               a draft guidance for industry entitled
sradovich on DSK3GDR082PROD with NOTICES




                                                comment will be made public, you are                      for public viewing and posted on http://              ‘‘Compounded Drug Products That Are
                                                solely responsible for ensuring that your                 www.regulations.gov. Submit both                      Essentially Copies of Approved Drug
                                                comment does not include any                              copies to the Division of Dockets                     Products Under Section 503B of the
                                                confidential information that you or a                    Management. If you do not wish your                   Federal Food, Drug, and Cosmetic Act.’’
                                                third party may not wish to be posted,                    name and contact information to be                    In 2013, the Drug Quality and Security
                                                such as medical information, your or                      made publicly available, you can                      Act, created a new section 503B of the
                                                anyone else’s Social Security number, or                  provide this information on the cover                 Act, which describes a new category of


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                                                44880                           Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

                                                compounders called ‘‘outsourcing                         II. Paperwork Reduction Act of 1995                   healthcare facility confirms it, make a
                                                facilities.’’ Section 503B of the FD&C                      Under the Paperwork Reduction Act                  notation on the prescription or order
                                                Act describes the conditions that must                   of 1995 (the PRA) (44 U.S.C. 3501–                    that the prescriber has determined that
                                                be satisfied for human drug products                     3520), Federal Agencies must obtain                   the compounded product contains a
                                                compounded by or under the direct                        approval from the Office of Management                change that produces a clinical
                                                supervision of a licensed pharmacist in                  and Budget (OMB) for each collection of               difference for patient(s). The date of the
                                                an outsourcing facility to qualify for                   information that they conduct or                      conversation with the healthcare facility
                                                exemptions from the following three                      sponsor. ‘‘Collection of information’’ is             or prescriber should be included on the
                                                sections of the FD&C Act:                                defined in 44 U.S.C. 3502(3) and 5 CFR                prescription or order.
                                                   • Section 502(f)(1) (21 U.S.C.                        1320.3(c) and includes Agency requests                   We estimate that annually a total of
                                                352(f)(1)) (concerning labeling of drugs                 or requirements that members of the                   approximately 40 outsourcing facilities
                                                with adequate directions for use);                       public submit reports, keep records, or               (‘‘number of respondents’’ in table 1,
                                                   • Section 505 (21 U.S.C. 355)                         provide information to a third party.                 line 1) will consult a prescriber to
                                                (concerning the approval of drugs under                  Section 3506(c)(2)(A) of the PRA (44                  determine whether he or she has made
                                                new drug applications (NDAs) or                          U.S.C. 3506(c)(2)(A)) requires Federal                a determination that the compounded
                                                abbreviated new drug applications                        Agencies to provide a 60-day notice in                drug has a change that produces a
                                                (ANDAs)); and                                            the Federal Register concerning each                  clinical difference for an individual
                                                   • Section 582 (21 U.S.C. 360eee–1)                    proposed collection of information                    patient as compared to the comparable
                                                (concerning drug supply chain security                   before submitting the collection to OMB               approved drug and that outsourcing
                                                requirements).                                           for approval. To comply with this                     facilities will document this
                                                   One of the conditions that must be                    requirement, FDA is publishing notice                 determination on approximately 4,000
                                                met for a compounded drug product to                     of the proposed collection of                         prescriptions or orders for compounded
                                                qualify for the exemptions under section                 information set forth in this document.               drugs (‘‘total annual disclosures’’ in
                                                503B of the Act is that ‘‘the drug is not                   With respect to the collection of                  table 1, line 1). We estimate that the
                                                essentially a copy of one or more                        information associated with this                      consultation between the outsourcing
                                                approved drugs’’ (section 503B(a)(5)).                   document, FDA invites comments on                     facility and the prescriber or health care
                                                   Section 503B(d)(2) defines                            the following topics: (1) Whether the                 facility and adding a notation to each
                                                ‘‘essentially a copy of an approved                      proposed collection of information is                 prescription or order that does not
                                                drug’’ as:                                               necessary for the proper performance of               already document this determination
                                                   • A drug that is identical or nearly                  FDA’s functions, including whether the                will take approximately 3 minutes per
                                                identical to an approved drug, or a                      information will have practical utility;              prescription or order.
                                                marketed drug not subject to section                     (2) the accuracy of FDA’s estimate of the                In addition, if the outsourcing facility
                                                503(b) and not subject to approval in an                 burden of the proposed collection of                  compounded a drug that is identical or
                                                application submitted under section                      information, including the validity of                nearly identical to an approved drug
                                                505, unless, in the case of an approved                  the methodology and assumptions used;                 product that appeared on FDA’s drug
                                                drug, the drug appears on the drug                       (3) ways to enhance the quality, utility,             shortage list, the outsourcing facility
                                                shortage list in effect under section 506E               and clarity of the information to be                  should maintain documentation (e.g., a
                                                at the time of compounding,                              collected; and (4) ways to minimize the               notation on the order for the
                                                distribution, and dispensing (section                    burden of the collection of information               compounded drug) regarding the status
                                                503B(d)(2)(A)); or                                       on respondents, including through the                 of the drug on FDA’s drug shortage list
                                                   • A drug, a component of which is a                   use of automated collection techniques,               at the time of compounding,
                                                bulk drug substance that is a component                  when appropriate, and other forms of                  distribution and dispensing. We
                                                of an approved drug or a marketed drug                   information technology.                               estimate that a total of approximately 30
                                                that is not subject to section 503(b) and                   Under the draft guidance, pursuant to              outsourcing facilities (‘‘number of
                                                not subject to approval in an application                section 503B(d)(2)(B) of the FD&C Act,                respondents’’ in table 1, line 2) will
                                                submitted under section 505, unless                      if an outsourcing facility compounds a                document this information on
                                                there is a change that produces for an                   drug, the component of which is a bulk                approximately 3,000 prescriptions or
                                                individual patient a clinical difference,                drug substance that is a component of                 orders for compounded drugs (‘‘total
                                                as determined by the prescribing                         an approved drug, there must be a                     annual disclosures’’ in table 1, line 2).
                                                practitioner, between the compounded                     change that produces a clinical                       We estimate that checking FDA’s drug
                                                drug and the comparable approved drug                    difference for an individual patient as               shortage list and documenting this
                                                (section 503B(d)(2)(B)).                                 determined by the prescribing                         information will take approximately 2
                                                   This guidance sets forth FDA’s                        practitioner. If an outsourcing facility              minutes per prescription or order.
                                                policies concerning the ‘‘essentially a                  intends to rely on such a determination                  An outsourcing facility should also
                                                copy’’ provision of section 503B of the                  to establish that a compounded drug is                maintain records of prescriptions or
                                                FD&C Act.                                                not essentially a copy of an approved                 orders including notations that a
                                                   This draft guidance is being issued                   drug, the outsourcing facility should                 prescriber has determined that the
                                                consistent with FDA’s good guidance                      ensure that the determination is                      compounded drug has a change that
                                                practices regulation (21 CFR 10.115).                    documented on the prescription or                     produces a clinical difference for an
                                                The draft guidance, when finalized, will                 order (which may be a patient-specific                individual patient. Because the time,
                                                represent the current thinking of FDA                    prescription or a non-patient specific                effort, and financial resources necessary
sradovich on DSK3GDR082PROD with NOTICES




                                                on the ‘‘essentially a copy’’ provision of               order) for the compounded drug.                       to comply with this collection of
                                                section 503B of the FD&C Act. It does                       If a prescription or order does not                information would be incurred by
                                                not establish any rights for any person                  make clear that the determination                     licensed pharmacists and licensed
                                                and is not binding on FDA or the public.                 required by section 503B(d)(2)(B) has                 physicians in the normal course of their
                                                You can use an alternative approach if                   been made, the outsourcing facility may               activities, it is excluded from the
                                                it satisfies the requirements of the                     contact the prescriber or healthcare                  definition of ‘‘burden’’ under 5 CFR
                                                applicable statutes and regulations.                     facility, and if the prescriber or                    1320.3(b)(2).


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                                                                                 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices                                                    44881

                                                  FDA estimates the burden of this
                                                collection of information as follows:

                                                                                       TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                                              Number of                              Average
                                                                                                                            Number of         disclosures       Total annual
                                                                        Type of reporting                                                                                           burden per        Total hours
                                                                                                                           respondents            per           disclosures         disclosure
                                                                                                                                              respondent

                                                Consultation between the outsourcing facility and pre-                                 40               100              4,000    3 minutes .......            200
                                                  scriber or health care facility, and the notation on the
                                                  prescription or order documenting the prescriber’s deter-
                                                  mination of clinical difference.
                                                Checking FDA’s drug shortage list and documenting on                                   30               100              3,000    2 minutes .......            100
                                                  the prescription that the drug is in shortage.
                                                   1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


                                                III. Electronic Access                                    section 503A, including the terms                         • Mail/Hand delivery/Courier (for
                                                  Persons with access to the Internet                     ‘‘commercially available,’’ ‘‘essentially a            written/paper submissions): Division of
                                                may obtain the draft guidance at either                   copy of a commercially available drug,’’               Dockets Management (HFA–305), Food
                                                http://www.fda.gov/Drugs/Guidance                         and ‘‘regularly or in inordinate                       and Drug Administration, 5630 Fishers
                                                ComplianceRegulatoryInformation/                          amounts.’’                                             Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                          DATES: Although you can comment on
                                                                                                                                                                    • For written/paper comments
                                                Guidances/default.htm or http://
                                                                                                          any guidance at any time (see 21 CFR                   submitted to the Division of Dockets
                                                www.regulations.gov.
                                                                                                          10.115(g)(5)), to ensure that the Agency               Management, FDA will post your
                                                  Dated: July 6, 2016.                                                                                           comment, as well as any attachments,
                                                                                                          considers your comment on this draft
                                                Leslie Kux,
                                                                                                          guidance before it begins work to                      except for information submitted,
                                                Associate Commissioner for Policy.                        finalize the guidance, submit either                   marked and identified, as confidential,
                                                [FR Doc. 2016–16362 Filed 7–8–16; 8:45 am]                electronic or written comments on this                 if submitted as detailed in
                                                BILLING CODE 4164–01–P                                    draft guidance by October 11, 2016.                    ‘‘Instructions.’’
                                                                                                                                                                    Instructions: All submissions received
                                                                                                          ADDRESSES: You may submit comments
                                                                                                                                                                 must include the Docket No. FDA–
                                                                                                          as follows:                                            2016–D–1309 for ‘‘Compounded Drug
                                                DEPARTMENT OF HEALTH AND
                                                HUMAN SERVICES                                            Electronic Submissions                                 Products That Are Essentially Copies of
                                                                                                            Submit electronic comments in the                    a Commercially Available Drug Product
                                                Food and Drug Administration                              following way:                                         Under Section 503A of the Federal
                                                                                                            • Federal eRulemaking Portal: http://                Food, Drug, and Cosmetic Act.’’
                                                [Docket No. FDA–2016–D–1309]
                                                                                                          www.regulations.gov. Follow the                        Received comments will be placed in
                                                Compounded Drug Products That Are                         instructions for submitting comments.                  the docket and, except for those
                                                Essentially Copies of a Commercially                      Comments submitted electronically,                     submitted as ‘‘Confidential
                                                Available Drug Product Under Section                      including attachments, to http://                      Submissions,’’ publicly viewable at
                                                503A of the Federal Food, Drug, and                       www.regulations.gov will be posted to                  http://www.regulations.gov or at the
                                                Cosmetic Act; Draft Guidance for                          the docket unchanged. Because your                     Division of Dockets Management
                                                Industry; Availability                                    comment will be made public, you are                   between 9 a.m. and 4 p.m., Monday
                                                                                                          solely responsible for ensuring that your              through Friday.
                                                AGENCY:      Food and Drug Administration,                comment does not include any                              • Confidential Submissions—To
                                                HHS.                                                      confidential information that you or a                 submit a comment with confidential
                                                ACTION:   Notice of availability.                         third party may not wish to be posted,                 information that you do not wish to be
                                                                                                          such as medical information, your or                   made publicly available, submit your
                                                SUMMARY:   The Food and Drug                              anyone else’s Social Security number, or               comments only as a written/paper
                                                Administration (FDA or the Agency) is                     confidential business information, such                submission. You should submit two
                                                announcing the availability of a draft                    as a manufacturing process. Please note                copies total. One copy will include the
                                                guidance for industry entitled                            that if you include your name, contact                 information you claim to be confidential
                                                ‘‘Compounded Drug Products That Are                       information, or other information that                 with a heading or cover note that states
                                                Essentially Copies of a Commercially                      identifies you in the body of your                     ‘‘THIS DOCUMENT CONTAINS
                                                Available Drug Product Under Section                      comments, that information will be                     CONFIDENTIAL INFORMATION.’’ The
                                                503A of the Federal Food, Drug, and                       posted on http://www.regulations.gov.                  Agency will review this copy, including
                                                Cosmetic Act.’’ To qualify for                              • If you want to submit a comment                    the claimed confidential information, in
                                                exemptions under section 503A of the                      with confidential information that you                 its consideration of comments. The
                                                Federal Food, Drug, and Cosmetic Act                      do not wish to be made available to the                second copy, which will have the
                                                (the FD&C Act), a drug product must be                                                                           claimed confidential information
sradovich on DSK3GDR082PROD with NOTICES




                                                                                                          public, submit the comment as a
                                                compounded by a licensed pharmacist                       written/paper submission and in the                    redacted/blacked out, will be available
                                                or physician who does not compound                        manner detailed (see ‘‘Written/Paper                   for public viewing and posted on http://
                                                regularly or in inordinate amounts any                    Submissions’’ and ‘‘Instructions’’).                   www.regulations.gov. Submit both
                                                drug products that are essentially copies                                                                        copies to the Division of Dockets
                                                of a commercially available drug                          Written/Paper Submissions                              Management. If you do not wish your
                                                product. This guidance sets forth FDA                       Submit written/paper submissions as                  name and contact information to be
                                                policies regarding this provision of                      follows:                                               made publicly available, you can


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Document Created: 2016-07-09 00:21:41
Document Modified: 2016-07-09 00:21:41
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 of availability.
DatesAlthough you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work to finalize the guidance, submit either electronic or written comments on this draft guidance by October 11, 2016. Submit comments on information collection issues under the Paperwork Reduction Act of 1995 by August 10, 2016.
ContactSara Rothman, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 5197, Silver Spring, MD, 301-796-3110.
FR Citation81 FR 44879 

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