82_FR_45785 82 FR 45597 - Opioid Policy Steering Committee; Establishment of a Public Docket; Request for Comments

82 FR 45597 - Opioid Policy Steering Committee; Establishment of a Public Docket; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 188 (September 29, 2017)

Page Range45597-45600
FR Document2017-20905

The Food and Drug Administration (FDA or Agency) is establishing a public docket to solicit suggestions, recommendations, and comments from interested parties, including patients and patient representatives, health care professionals, academic institutions, regulated industry, and other interested organizations, on questions relevant to FDA's newly established Opioid Policy Steering Committee (OPSC). Opioid addiction and the resulting overdoses and deaths have created a national crisis, which requires action by federal agencies that may in some instances be unprecedented in order to address the situation and attempt to turn the tide on the crisis. As a public health agency responding to the crisis, FDA seek public input as it considers how its authorities can or should be used to address this crisis. This information will help the Agency understand areas of focus important to the public and identify and address opioid product and policy issues that need clarification. FDA is especially interested in hearing from interested parties in three key areas: What more can FDA do to ensure that the full range of available information, including about possible public health effects, is considered when making opioid-related regulatory decisions; what steps can FDA take with respect to dispensing and packaging (e.g., unit of use) to facilitate consistency of and promote appropriate prescribing practice; and should FDA require some form of mandatory education for health care professionals who prescribe opioid drug products, and if so, how should such a system be implemented?

Federal Register, Volume 82 Issue 188 (Friday, September 29, 2017)
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Notices]
[Pages 45597-45600]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20905]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-5608]


Opioid Policy Steering Committee; Establishment of a Public 
Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is 
establishing a public docket to solicit suggestions, recommendations, 
and comments from interested parties, including patients and patient 
representatives, health care professionals, academic institutions, 
regulated industry, and other interested organizations, on questions 
relevant to FDA's newly established Opioid Policy Steering Committee 
(OPSC). Opioid addiction and the resulting overdoses and deaths have 
created a national crisis, which requires action by federal agencies 
that may in some instances be unprecedented in order to address the 
situation and attempt to turn the tide on the crisis. As a public 
health agency

[[Page 45598]]

responding to the crisis, FDA seek public input as it considers how its 
authorities can or should be used to address this crisis. This 
information will help the Agency understand areas of focus important to 
the public and identify and address opioid product and policy issues 
that need clarification. FDA is especially interested in hearing from 
interested parties in three key areas: What more can FDA do to ensure 
that the full range of available information, including about possible 
public health effects, is considered when making opioid-related 
regulatory decisions; what steps can FDA take with respect to 
dispensing and packaging (e.g., unit of use) to facilitate consistency 
of and promote appropriate prescribing practice; and should FDA require 
some form of mandatory education for health care professionals who 
prescribe opioid drug products, and if so, how should such a system be 
implemented?

DATES: Submit either electronic or written comments by December 28, 
2017.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before December 28, 2017. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of December 28, 2017. Comments 
received by mail/hand delivery/courier (for written/paper submissions) 
will be considered timely if they are postmarked or the delivery 
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://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 https://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): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, 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-2017-N-5608 for ``Opioid Policy Steering Committee; Establishment 
of a Public Docket; Request for Comments.'' Received comments will be 
placed in the docket and, except for those submitted as ``Confidential 
Submissions,'' publicly viewable at https://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 https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. 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 ``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: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://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 Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kathleen Davies, Office of Medical 
Products and Tobacco, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 1, Rm. 2310, Silver Spring, MD 20993, 301-796-2205.

SUPPLEMENTARY INFORMATION: On April 19, 2017, the Secretary of Health 
and Human Services announced the HHS strategy for fighting the opioid 
crisis. The five point strategy includes: (1) Improving access to 
prevention, treatment, and recovery services; (2) targeting 
availability and distribution of overdose-reversing drugs; (3) 
strengthening timely public health data and reporting; (4) supporting 
cutting-edge research; and (5) advancing the practice of pain 
management. Following that announcement, on May 23, 2017, the 
Commissioner of Food and Drugs announced his intention to take more 
forceful steps to combat the opioid crisis. An OPSC was established to 
explore and develop additional tools or strategies FDA can use to 
confront this crisis. The OPSC has a broad mandate to consider steps 
that FDA can take to confront the opioid crisis. FDA is seeking 
suggestions, recommendations, and comments from interested parties, 
including patients and patient representatives, health care 
professionals, academic institutions, regulated industry, and other 
interested organizations, with regard to a number of topics related to 
three overarching questions: (1) What more can or should FDA do to 
ensure that the full range of available information, including about 
possible public health effects, is considered when making opioid-
related regulatory decisions; (2) what steps can or should FDA take 
with respect to dispensing and packaging (e.g., unit of use) to 
facilitate consistency of and promote appropriate prescribing practice; 
and (3) should FDA require some form of mandatory education for health 
care professionals who prescribe opioid drug products, and if so, how 
should such a system be implemented?

[[Page 45599]]

I. Assessing Benefit and Risk in the Opioids Setting

    In a July 6, 2017, article in the Journal of the American Medical 
Association, FDA explained its approach to assessing the benefits and 
risks of drug products, describing a structured approach that, in the 
case of opioids, includes extensive additional review of the risks 
related to the potential misuse and abuse of these products. FDA 
explained that it is working to incorporate the effects of decisions on 
public health into its benefit-risk framework in a more quantitative 
manner that can supplement and enhance the strong qualitative work that 
the Agency already performs (Ref. 1). In addition, in March 2016, FDA 
commissioned a study from the National Academies of Sciences, 
Engineering, and Medicine to outline the state of the science regarding 
prescription opioid abuse and misuse, the evolving role that opioid 
analgesics play in pain management, and additional actions FDA should 
consider to address the opioid crisis with particular emphasis on 
strengthening its benefit-risk framework for opioids. That report was 
issued in July (Ref. 2). While FDA considers the report 
recommendations, we would like to solicit additional feedback that will 
supplement those recommendations.
    Specific questions on which FDA seeks comment relating to this 
topic are as follows:
    1. How should FDA tailor, or otherwise amend, its assessment of 
benefit and risk in the context of opioid drugs to ensure that the 
Agency is giving adequate consideration to the risks associated with 
the labeled indication of these drugs and the risks associated with the 
potential abuse and misuse of these products?
    2. Are there specific public health considerations other than 
misuse and abuse that FDA should incorporate into its current framework 
for benefit and risk assessment as a way to reduce the opioid addiction 
epidemic? That framework includes, but is not limited to, how FDA makes 
regulatory decisions to approve new opioids, evaluates their use in the 
postmarket setting, or limits or influences their prescribing through 
product labeling or other risk management measures.

II. Steps To Promote Proper Prescribing and Dispensing

    Proper prescribing and dispensing are critical to successfully 
reducing opioid misuse and abuse. A 2016 Centers for Disease Control 
and Prevention (CDC) Guideline for Prescribing Opioids for Chronic Pain 
reported that, ``[w]hen opioids are used for acute pain, clinicians 
should prescribe the lowest effective dose of immediate-release opioids 
and should prescribe no greater quantity than needed for the expected 
duration of pain severe enough to require opioids. Three days or less 
will often be sufficient; more than seven days will rarely be needed.'' 
(Ref. 3.) And a recent analysis showed that, across six studies of 
patients who had undergone a variety of surgical procedures, 67 percent 
to 92 percent of patients reported unused opioid analgesics. Moreover, 
``[r]ates of safe storage and/or disposal of unused opioids were low,'' 
resulting in an ``important reservoir of unused opioids available for 
nonmedical use . . . .'' (Ref. 4). There are clinical situations that 
may require a supply of opioid analgesics that exceeds current CDC 
guidelines and FDA wants to make sure that patients have what they need 
in those cases. But FDA believes there are situations in which patients 
are prescribed an opioid analgesic when a non-opioid pain treatment 
would be adequate or, when an opioid product is necessary, treatment 
with a shorter course of therapy would be more appropriate, and without 
specific requirements, variance in prescribing habits are likely to 
persist.
    Specific questions on which FDA seeks comment relating to this 
topic are as follows:
    1. Should FDA consider adding a recommended duration of treatment 
for specific types of patient needs (e.g., for specific types of 
surgical procedures) to opioid analgesic product labeling? Or, should 
FDA work with prescriber groups that could, in turn, develop expert 
guidelines on proper prescribing by indication?
    2. If opioid product labeling contained recommended duration of 
treatment for certain common types of patient needs, how should this 
information be used by FDA, other state and Federal health agencies, 
providers, and other intermediaries, such as health plans and pharmacy 
benefit managers, as the basis for making sure that opioid drug 
dispensing more appropriately and consistently aligns with the type of 
patient need for which a prescription is being written?
    3. Are there steps FDA should take with respect to dispensing and 
packaging (e.g., unit of use) to facilitate consistency of and promote 
appropriate prescribing practice?
    4. Are there other steps that FDA should take to help promote the 
prescribing of treatment durations that are appropriately tailored to a 
clinical patient need?

III. Requirements for Prescriber Education

    Recently, the option of mandating education or training for health 
care professionals who prescribe opioid medications has been more 
widely discussed,\1\ and some states already are, or are considering, 
mandating such prescriber education. For example, as of July 1, 2017, 
health care professionals in New York State who are licensed to 
prescribe controlled substances must complete, and register their 
completion of, at least 3 hours of course work or training in pain 
management, palliative care, and addiction (Ref. 5).
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    \1\ FDA acknowledges the Joint Meeting of the Drug Safety and 
Risk Management Advisory Committee and the Anesthetic and Analgesic 
Drug Products Advisory Committee Meeting, held May 3-4, 2016, 
discussed mandatory education for health care professionals (Docket 
No. FDA-2016-N-0820).
---------------------------------------------------------------------------

    Specific questions on which FDA seeks comment relating to this 
topic are as follows:
    1. Are there circumstances under which FDA should require some form 
of mandatory education for health care professionals to ensure that 
prescribing professionals are informed about appropriate prescribing 
and pain management recommendations, understand how to identify the 
risk of abuse in individual patients, know how to get patients with a 
substance use disorder into treatment, and know how to prescribe 
treatment for--and properly manage--patients with substance use 
disorders, among other educational goals? Are there other steps FDA 
could take to educate health care professionals to ensure that 
prescribing professionals are informed about appropriate prescribing 
and pain management recommendations?
    2. How might FDA operationalize such a requirement if it were to 
pursue this policy goal? For example, should mandatory education apply 
to all prescribing health care professionals, or only a subset of 
prescribing health care professionals? If only a subset, how would FDA 
construct a framework that focuses mandatory education on only that 
subset--for example, by requiring mandatory education only for those 
writing prescriptions for longer durations as opposed to those for very 
short-term use?
    3. What steps should FDA take to make implementing such mandatory 
education efficient and more feasible? For example, should FDA work 
collaboratively with state public health agencies, state licensing 
boards, provider organizations, such as medical specialty societies and 
health plans, or with other stakeholders, such as

[[Page 45600]]

pharmacy benefit managers, to integrate or avoid duplicating their 
educational programs or requirements? What other steps might FDA 
consider to make implementation less burdensome and more effective?

IV. Additional Matters for Consideration

    1. What other steps should FDA take to operationalize the above 
described goals?
    2. Are there additional policy steps FDA should consider relating 
to the OPSC that are not identified in this notice?
    We invite interested parties to review these questions and submit 
comments to the docket for the OPSC to consider. In addition, we invite 
interested parties to submit additional policy considerations or 
recommendations for actions that FDA could or should undertake to help 
the Agency better address the opioid addiction crisis.

V. References

    1. Gottlieb, Scott and J. Woodcock. ``Marshaling FDA Benefit-
Risk Expertise to Address the Current Opioid Abuse Epidemic.'' 
Journal of the American Medical Association. 2017;318(5):421-422. 
Doi:10.1001/jama.2017.9205. Available at http://jamanetwork.com/journals/jama/fullarticle/2643333. Accessed August 2017.
    2. National Academies of Sciences, Engineering, and Medicine. 
``Pain Management and the Opioid Epidemic: Balancing Societal and 
Individual Benefits and Risks of Prescription Opioid Use (2017), 
Consensus Study Report.'' Richard J. Bonnie, Morgan A. Ford, and 
Jonathan K. Phillips (eds.). Available at https://www.nap.edu/catalog/24781/pain-management-and-the-opioid-epidemic-balancing-societal-and-individual. Accessed August 2017.
    3. Dowell, D., T. M. Haegerich, and R. Chou. ``CDC Guideline for 
Prescribing Opioids for Chronic Pain--United States, 2016.'' Item 6 
in ``Determining When to Initiate or Continue Opioids for Chronic 
Pain.'' Morbidity and Mortality Weekly Report Recommendations and 
Reports 2016;65(No. RR-1):1-49. DOI: http://dx.doi.org/10.15585/mmwr.rr6501e1. Accessed August 2017.
    4. Bicket, M. C., J. J. Long, P. J. Pronovost, et al. 
``Prescription Opioid Analgesics Commonly Unused After Surgery, A 
Systematic Review.'' JAMA Surgery. Published online August 2, 2017. 
DOI:10.1001/jamasurg.2017.0831. Available at http://jamanetwork.com/journals/jamasurgery/fullarticle/2644905. Accessed August 2017.
    5. New York State Department of Health, Mandatory Prescriber 
Education. Available at https://www.health.ny.gov/professionals/narcotic/mandatory_prescriber_education/. Accessed August 2017.

    Dated: September 26, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20905 Filed 9-28-17; 8:45 am]
BILLING CODE 4164-01-P



                                                                                Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices                                                45597

                                                    Advisory Committee; Notice of Meeting;                  1–800–741–8138 (301–443–0572 in the                   public hearing session. The contact
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                                                    except in accordance with 21 CFR 10.20                  link.                                                 [Docket No. FDA–2017–N–5608]
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                                                    more information about FDA’s posting                    present data, information, or views,                  Opioid Policy Steering Committee;
                                                    of comments to public dockets, see 80                   orally or in writing, on issues pending               Establishment of a Public Docket;
                                                    FR 56469, September 18, 2015, or access                 before the committee. All electronic and              Request for Comments
                                                    the information at: https://www.gpo.gov/                written submissions submitted to the                  AGENCY:    Food and Drug Administration,
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                                                    FOR FURTHER INFORMATION CONTACT:                        requested to make their presentation on               FDA’s newly established Opioid Policy
                                                    Lauren D. Tesh, Center for Drug                         or before October 24, 2017. Time                      Steering Committee (OPSC). Opioid
                                                    Evaluation and Research, Food and                       allotted for each presentation may be                 addiction and the resulting overdoses
                                                    Drug Administration, 10903 New                          limited. If the number of registrants                 and deaths have created a national
                                                    Hampshire Ave., Bldg. 31, Rm. 2417,                     requesting to speak is greater than can               crisis, which requires action by federal
                                                    Silver Spring, MD 20993–0002, 301–                      be reasonably accommodated during the                 agencies that may in some instances be
                                                    796–9001, Fax: 301–847–8533, email:                     scheduled open public hearing session,                unprecedented in order to address the
                                                    AMDAC@fda.hhs.gov, or the FDA                           FDA may conduct a lottery to determine                situation and attempt to turn the tide on
                                                    Advisory Committee Information Line,                    the speakers for the scheduled open                   the crisis. As a public health agency


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                                                    45598                       Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

                                                    responding to the crisis, FDA seek                        • If you want to submit a comment                   the information at: https://www.gpo.gov/
                                                    public input as it considers how its                    with confidential information that you                fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                    authorities can or should be used to                    do not wish to be made available to the               23389.pdf.
                                                    address this crisis. This information will              public, submit the comment as a                          Docket: For access to the docket to
                                                    help the Agency understand areas of                     written/paper submission and in the                   read background documents or the
                                                    focus important to the public and                       manner detailed (see ‘‘Written/Paper                  electronic and written/paper comments
                                                    identify and address opioid product and                 Submissions’’ and ‘‘Instructions’’).
                                                                                                                                                                  received, go to https://
                                                    policy issues that need clarification.                  Written/Paper Submissions                             www.regulations.gov and insert the
                                                    FDA is especially interested in hearing
                                                                                                               Submit written/paper submissions as                docket number, found in brackets in the
                                                    from interested parties in three key
                                                                                                            follows:                                              heading of this document, into the
                                                    areas: What more can FDA do to ensure
                                                    that the full range of available                           • Mail/Hand delivery/Courier (for                  ‘‘Search’’ box and follow the prompts
                                                                                                            written/paper submissions): Dockets                   and/or go to the Dockets Management
                                                    information, including about possible
                                                                                                            Management Staff (HFA–305), Food and                  Staff, 5630 Fishers Lane, Rm. 1061,
                                                    public health effects, is considered
                                                                                                            Drug Administration, 5630 Fishers                     Rockville, MD 20852.
                                                    when making opioid-related regulatory
                                                    decisions; what steps can FDA take with                 Lane, Rm. 1061, Rockville, MD 20852.
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                               • For written/paper comments
                                                    respect to dispensing and packaging                                                                           Kathleen Davies, Office of Medical
                                                                                                            submitted to the Dockets Management
                                                    (e.g., unit of use) to facilitate                                                                             Products and Tobacco, Food and Drug
                                                                                                            Staff, FDA will post your comment, as
                                                    consistency of and promote appropriate                                                                        Administration, 10903 New Hampshire
                                                                                                            well as any attachments, except for
                                                    prescribing practice; and should FDA                                                                          Ave., Bldg. 1, Rm. 2310, Silver Spring,
                                                                                                            information submitted, marked, and
                                                    require some form of mandatory                                                                                MD 20993, 301–796–2205.
                                                                                                            identified as confidential, if submitted
                                                    education for health care professionals
                                                                                                            as detailed in ‘‘Instructions.’’                      SUPPLEMENTARY INFORMATION:      On April
                                                    who prescribe opioid drug products,                        Instructions: All submissions received
                                                    and if so, how should such a system be                                                                        19, 2017, the Secretary of Health and
                                                                                                            must include the Docket No. FDA–                      Human Services announced the HHS
                                                    implemented?                                            2017–N–5608 for ‘‘Opioid Policy
                                                    DATES: Submit either electronic or                                                                            strategy for fighting the opioid crisis.
                                                                                                            Steering Committee; Establishment of a                The five point strategy includes: (1)
                                                    written comments by December 28,                        Public Docket; Request for Comments.’’
                                                    2017.                                                                                                         Improving access to prevention,
                                                                                                            Received comments will be placed in
                                                                                                                                                                  treatment, and recovery services; (2)
                                                    ADDRESSES: You may submit comments                      the docket and, except for those
                                                                                                                                                                  targeting availability and distribution of
                                                    as follows. Please note that late,                      submitted as ‘‘Confidential
                                                                                                                                                                  overdose-reversing drugs; (3)
                                                    untimely filed comments will not be                     Submissions,’’ publicly viewable at
                                                                                                                                                                  strengthening timely public health data
                                                    considered. Electronic comments must                    https://www.regulations.gov or at the
                                                                                                            Division of Dockets Management                        and reporting; (4) supporting cutting-
                                                    be submitted on or before December 28,                                                                        edge research; and (5) advancing the
                                                    2017. The https://www.regulations.gov                   between 9 a.m. and 4 p.m., Monday
                                                                                                            through Friday.                                       practice of pain management. Following
                                                    electronic filing system will accept                                                                          that announcement, on May 23, 2017,
                                                    comments until midnight Eastern Time                       • Confidential Submissions—To
                                                                                                            submit a comment with confidential                    the Commissioner of Food and Drugs
                                                    at the end of December 28, 2017.
                                                                                                            information that you do not wish to be                announced his intention to take more
                                                    Comments received by mail/hand
                                                                                                            made publicly available, submit your                  forceful steps to combat the opioid
                                                    delivery/courier (for written/paper
                                                                                                            comments only as a written/paper                      crisis. An OPSC was established to
                                                    submissions) will be considered timely
                                                                                                            submission. You should submit two                     explore and develop additional tools or
                                                    if they are postmarked or the delivery
                                                                                                            copies total. One copy will include the               strategies FDA can use to confront this
                                                    service acceptance receipt is on or
                                                                                                            information you claim to be confidential              crisis. The OPSC has a broad mandate
                                                    before that date.
                                                                                                            with a heading or cover note that states              to consider steps that FDA can take to
                                                    Electronic Submissions                                  ‘‘THIS DOCUMENT CONTAINS                              confront the opioid crisis. FDA is
                                                      Submit electronic comments in the                     CONFIDENTIAL INFORMATION.’’ The                       seeking suggestions, recommendations,
                                                    following way:                                          Agency will review this copy, including               and comments from interested parties,
                                                      • Federal eRulemaking Portal:                         the claimed confidential information, in              including patients and patient
                                                    https://www.regulations.gov. Follow the                 its consideration of comments. The                    representatives, health care
                                                    instructions for submitting comments.                   second copy, which will have the                      professionals, academic institutions,
                                                    Comments submitted electronically,                      claimed confidential information                      regulated industry, and other interested
                                                    including attachments, to https://                      redacted/blacked out, will be available               organizations, with regard to a number
                                                    www.regulations.gov will be posted to                   for public viewing and posted on                      of topics related to three overarching
                                                    the docket unchanged. Because your                      https://www.regulations.gov. Submit                   questions: (1) What more can or should
                                                    comment will be made public, you are                    both copies to the Dockets Management                 FDA do to ensure that the full range of
                                                    solely responsible for ensuring that your               Staff. If you do not wish your name and               available information, including about
                                                    comment does not include any                            contact information to be made publicly               possible public health effects, is
                                                    confidential information that you or a                  available, you can provide this                       considered when making opioid-related
                                                    third party may not wish to be posted,                  information on the cover sheet and not                regulatory decisions; (2) what steps can
                                                                                                                                                                  or should FDA take with respect to
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                                                    such as medical information, your or                    in the body of your comments and you
                                                    anyone else’s Social Security number, or                must identify this information as                     dispensing and packaging (e.g., unit of
                                                    confidential business information, such                 ‘‘confidential.’’ Any information marked              use) to facilitate consistency of and
                                                    as a manufacturing process. Please note                 ‘‘confidential’’ will not be disclosed                promote appropriate prescribing
                                                    that if you include your name, contact                  except in accordance with 21 CFR 10.20                practice; and (3) should FDA require
                                                    information, or other information that                  and other applicable disclosure law. For              some form of mandatory education for
                                                    identifies you in the body of your                      more information about FDA’s posting                  health care professionals who prescribe
                                                    comments, that information will be                      of comments to public dockets, see 80                 opioid drug products, and if so, how
                                                    posted on https://www.regulations.gov.                  FR 56469, September 18, 2015, or access               should such a system be implemented?


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                                                                                Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices                                                45599

                                                    I. Assessing Benefit and Risk in the                    opioids are used for acute pain,                      III. Requirements for Prescriber
                                                    Opioids Setting                                         clinicians should prescribe the lowest                Education
                                                       In a July 6, 2017, article in the Journal            effective dose of immediate-release                      Recently, the option of mandating
                                                    of the American Medical Association,                    opioids and should prescribe no greater               education or training for health care
                                                    FDA explained its approach to assessing                 quantity than needed for the expected                 professionals who prescribe opioid
                                                    the benefits and risks of drug products,                duration of pain severe enough to                     medications has been more widely
                                                    describing a structured approach that, in               require opioids. Three days or less will              discussed,1 and some states already are,
                                                                                                            often be sufficient; more than seven                  or are considering, mandating such
                                                    the case of opioids, includes extensive
                                                                                                            days will rarely be needed.’’ (Ref. 3.)
                                                    additional review of the risks related to                                                                     prescriber education. For example, as of
                                                                                                            And a recent analysis showed that,
                                                    the potential misuse and abuse of these                                                                       July 1, 2017, health care professionals in
                                                                                                            across six studies of patients who had
                                                    products. FDA explained that it is                                                                            New York State who are licensed to
                                                                                                            undergone a variety of surgical
                                                    working to incorporate the effects of                                                                         prescribe controlled substances must
                                                                                                            procedures, 67 percent to 92 percent of
                                                    decisions on public health into its                                                                           complete, and register their completion
                                                                                                            patients reported unused opioid
                                                    benefit-risk framework in a more                                                                              of, at least 3 hours of course work or
                                                                                                            analgesics. Moreover, ‘‘[r]ates of safe
                                                    quantitative manner that can                                                                                  training in pain management, palliative
                                                                                                            storage and/or disposal of unused
                                                    supplement and enhance the strong                                                                             care, and addiction (Ref. 5).
                                                                                                            opioids were low,’’ resulting in an
                                                    qualitative work that the Agency already                                                                         Specific questions on which FDA
                                                                                                            ‘‘important reservoir of unused opioids
                                                    performs (Ref. 1). In addition, in March                                                                      seeks comment relating to this topic are
                                                                                                            available for nonmedical use . . . .’’
                                                    2016, FDA commissioned a study from                                                                           as follows:
                                                                                                            (Ref. 4). There are clinical situations
                                                    the National Academies of Sciences,                                                                              1. Are there circumstances under
                                                                                                            that may require a supply of opioid
                                                    Engineering, and Medicine to outline                                                                          which FDA should require some form of
                                                                                                            analgesics that exceeds current CDC
                                                    the state of the science regarding                                                                            mandatory education for health care
                                                                                                            guidelines and FDA wants to make sure
                                                    prescription opioid abuse and misuse,                                                                         professionals to ensure that prescribing
                                                                                                            that patients have what they need in
                                                    the evolving role that opioid analgesics                those cases. But FDA believes there are               professionals are informed about
                                                    play in pain management, and                            situations in which patients are                      appropriate prescribing and pain
                                                    additional actions FDA should consider                  prescribed an opioid analgesic when a                 management recommendations,
                                                    to address the opioid crisis with                       non-opioid pain treatment would be                    understand how to identify the risk of
                                                    particular emphasis on strengthening its                adequate or, when an opioid product is                abuse in individual patients, know how
                                                    benefit-risk framework for opioids. That                necessary, treatment with a shorter                   to get patients with a substance use
                                                    report was issued in July (Ref. 2). While               course of therapy would be more                       disorder into treatment, and know how
                                                    FDA considers the report                                appropriate, and without specific                     to prescribe treatment for—and properly
                                                    recommendations, we would like to                       requirements, variance in prescribing                 manage—patients with substance use
                                                    solicit additional feedback that will                   habits are likely to persist.                         disorders, among other educational
                                                    supplement those recommendations.                          Specific questions on which FDA                    goals? Are there other steps FDA could
                                                       Specific questions on which FDA                      seeks comment relating to this topic are              take to educate health care professionals
                                                    seeks comment relating to this topic are                as follows:                                           to ensure that prescribing professionals
                                                    as follows:                                                1. Should FDA consider adding a                    are informed about appropriate
                                                       1. How should FDA tailor, or                         recommended duration of treatment for                 prescribing and pain management
                                                    otherwise amend, its assessment of                      specific types of patient needs (e.g., for            recommendations?
                                                    benefit and risk in the context of opioid               specific types of surgical procedures) to                2. How might FDA operationalize
                                                    drugs to ensure that the Agency is                      opioid analgesic product labeling? Or,                such a requirement if it were to pursue
                                                    giving adequate consideration to the                    should FDA work with prescriber                       this policy goal? For example, should
                                                    risks associated with the labeled                       groups that could, in turn, develop                   mandatory education apply to all
                                                    indication of these drugs and the risks                 expert guidelines on proper prescribing               prescribing health care professionals, or
                                                    associated with the potential abuse and                 by indication?                                        only a subset of prescribing health care
                                                    misuse of these products?                                  2. If opioid product labeling                      professionals? If only a subset, how
                                                       2. Are there specific public health                  contained recommended duration of                     would FDA construct a framework that
                                                    considerations other than misuse and                    treatment for certain common types of                 focuses mandatory education on only
                                                    abuse that FDA should incorporate into                  patient needs, how should this                        that subset—for example, by requiring
                                                    its current framework for benefit and                   information be used by FDA, other state               mandatory education only for those
                                                    risk assessment as a way to reduce the                  and Federal health agencies, providers,               writing prescriptions for longer
                                                    opioid addiction epidemic? That                         and other intermediaries, such as health              durations as opposed to those for very
                                                    framework includes, but is not limited                  plans and pharmacy benefit managers,                  short-term use?
                                                    to, how FDA makes regulatory decisions                  as the basis for making sure that opioid                 3. What steps should FDA take to
                                                    to approve new opioids, evaluates their                 drug dispensing more appropriately and                make implementing such mandatory
                                                    use in the postmarket setting, or limits                consistently aligns with the type of                  education efficient and more feasible?
                                                    or influences their prescribing through                 patient need for which a prescription is              For example, should FDA work
                                                    product labeling or other risk                          being written?                                        collaboratively with state public health
                                                    management measures.                                       3. Are there steps FDA should take                 agencies, state licensing boards,
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                                                                                                            with respect to dispensing and                        provider organizations, such as medical
                                                    II. Steps To Promote Proper Prescribing                                                                       specialty societies and health plans, or
                                                                                                            packaging (e.g., unit of use) to facilitate
                                                    and Dispensing                                                                                                with other stakeholders, such as
                                                                                                            consistency of and promote appropriate
                                                      Proper prescribing and dispensing are                 prescribing practice?
                                                    critical to successfully reducing opioid                   4. Are there other steps that FDA                    1 FDA acknowledges the Joint Meeting of the Drug

                                                    misuse and abuse. A 2016 Centers for                    should take to help promote the                       Safety and Risk Management Advisory Committee
                                                                                                                                                                  and the Anesthetic and Analgesic Drug Products
                                                    Disease Control and Prevention (CDC)                    prescribing of treatment durations that               Advisory Committee Meeting, held May 3–4, 2016,
                                                    Guideline for Prescribing Opioids for                   are appropriately tailored to a clinical              discussed mandatory education for health care
                                                    Chronic Pain reported that, ‘‘[w]hen                    patient need?                                         professionals (Docket No. FDA–2016–N–0820).



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                                                    45600                          Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices

                                                    pharmacy benefit managers, to integrate                         jamasurgery/fullarticle/2644905. Accessed               of the information to be collected; and
                                                    or avoid duplicating their educational                          August 2017.                                            (4) the use of automated collection
                                                    programs or requirements? What other                              5. New York State Department of Health,               techniques or other forms of information
                                                    steps might FDA consider to make                                Mandatory Prescriber Education. Available at            technology to minimize the information
                                                                                                                    https://www.health.ny.gov/professionals/
                                                    implementation less burdensome and                              narcotic/mandatory_prescriber_education/.
                                                                                                                                                                            collection burden.
                                                    more effective?                                                 Accessed August 2017.                                      Information Collection Request Title:
                                                                                                                                                                            Prevention Communication Formative
                                                    IV. Additional Matters for                                        Dated: September 26, 2017.
                                                                                                                                                                            Research—Revision—OMB No. 0990–
                                                    Consideration                                                   Anna K. Abram,                                          0281.
                                                      1. What other steps should FDA take                           Deputy Commissioner for Policy, Planning,                  Abstract: The Office of Disease
                                                    to operationalize the above described                           Legislation, and Analysis.                              Prevention and Health Promotion
                                                    goals?                                                          [FR Doc. 2017–20905 Filed 9–28–17; 8:45 am]             (ODPHP) is focused on developing and
                                                      2. Are there additional policy steps                          BILLING CODE 4164–01–P                                  disseminating health information to the
                                                    FDA should consider relating to the                                                                                     public. ODPHP faces an increasingly
                                                    OPSC that are not identified in this                                                                                    urgent interest in finding effective ways
                                                    notice?                                                         DEPARTMENT OF HEALTH AND                                to communicate health information to
                                                      We invite interested parties to review                        HUMAN SERVICES                                          America’s diverse population. ODPHP
                                                    these questions and submit comments to                                                                                  strives to be responsive to the needs of
                                                    the docket for the OPSC to consider. In                         Office of the Secretary
                                                                                                                                                                            America’s diverse audiences while
                                                    addition, we invite interested parties to                       [HHS–OS–0990–0281–60D]                                  simultaneously serving all Americans
                                                    submit additional policy considerations                                                                                 across a range of channels, from print to
                                                    or recommendations for actions that                             Agency Generic Information Collection                   new communication technologies. To
                                                    FDA could or should undertake to help                           Activities; Proposed Collection; Public                 carry out prevention information efforts,
                                                    the Agency better address the opioid                            Comment Request                                         ODPHP is committed to conducting
                                                    addiction crisis.                                                                                                       formative and usability research to
                                                                                                                    AGENCY:      Office of the Secretary, HHS.
                                                    V. References                                                   ACTION:      Notice.                                    provide guidance on the development
                                                                                                                                                                            and implementation of their
                                                       1. Gottlieb, Scott and J. Woodcock.
                                                                                                                    SUMMARY:   In compliance with the                       communication and education efforts.
                                                    ‘‘Marshaling FDA Benefit-Risk Expertise to
                                                    Address the Current Opioid Abuse                                requirement of the Paperwork                            The information collected will be used
                                                    Epidemic.’’ Journal of the American Medical                     Reduction Act of 1995, the Office of the                to improve communication, products,
                                                    Association. 2017;318(5):421–422.                               Secretary (OS), Department of Health                    and services that support key office
                                                    Doi:10.1001/jama.2017.9205. Available at                        and Human Services, is publishing the                   activities including: Healthy People,
                                                    http://jamanetwork.com/journals/jama/                           following summary of a proposed                         Dietary Guidelines for Americans,
                                                    fullarticle/2643333. Accessed August 2017.                      collection for public comment.                          Physical Activity Guidelines for
                                                       2. National Academies of Sciences,                                                                                   Americans, healthfinder.gov, and
                                                                                                                    DATES: Comments on the ICR must be
                                                    Engineering, and Medicine. ‘‘Pain                                                                                       increasing health care quality and
                                                    Management and the Opioid Epidemic:                             received on or before November 28,
                                                                                                                    2017.                                                   patient safety. ODPHP communicates
                                                    Balancing Societal and Individual Benefits
                                                    and Risks of Prescription Opioid Use (2017),                                                                            through its Web sites
                                                                                                                    ADDRESSES:  Submit your comments to                     (www.healthfinder.gov,
                                                    Consensus Study Report.’’ Richard J. Bonnie,                    Sherrette.Funn@hhs.gov or by calling
                                                    Morgan A. Ford, and Jonathan K. Phillips                                                                                www.HealthyPeople.gov,
                                                                                                                    (202) 795–7714.                                         www.health.gov) and through other
                                                    (eds.). Available at https://www.nap.edu/
                                                    catalog/24781/pain-management-and-the-                          FOR FURTHER INFORMATION CONTACT:                        channels including social media, print
                                                    opioid-epidemic-balancing-societal-and-                         When submitting comments or                             materials, interactive training modules,
                                                    individual. Accessed August 2017.                               requesting information, please include                  and reports. Data collection will be
                                                       3. Dowell, D., T. M. Haegerich, and R.                       the document identifier 0990–0281–60D                   qualitative and quantitative and may
                                                    Chou. ‘‘CDC Guideline for Prescribing                           and project title for reference, to the                 include in-depth interviews, focus
                                                    Opioids for Chronic Pain—United States,                         Report Clearance Officer, Sherrette
                                                    2016.’’ Item 6 in ‘‘Determining When to                                                                                 groups, web-based surveys, omnibus
                                                                                                                    Funn.                                                   surveys, card sorting, and various forms
                                                    Initiate or Continue Opioids for Chronic
                                                    Pain.’’ Morbidity and Mortality Weekly                          SUPPLEMENTARY INFORMATION:      Interested              of usability testing of materials and
                                                    Report Recommendations and Reports                              persons are invited to send comments                    interactive tools to assess the public’s
                                                    2016;65(No. RR–1):1–49. DOI: http://                            regarding this burden estimate or any                   understanding of disease prevention
                                                    dx.doi.org/10.15585/mmwr.rr6501e1.                              other aspect of this collection of                      and health promotion content,
                                                    Accessed August 2017.                                           information, including any of the                       responses to prototype materials, and
                                                       4. Bicket, M. C., J. J. Long, P. J. Pronovost,               following subjects: (1) The necessity and               barriers to effective use.
                                                    et al. ‘‘Prescription Opioid Analgesics
                                                    Commonly Unused After Surgery, A
                                                                                                                    utility of the proposed information                        The program is requesting a 3-year
                                                    Systematic Review.’’ JAMA Surgery.                              collection for the proper performance of                clearance.
                                                    Published online August 2, 2017.                                the agency’s functions; (2) the accuracy                   Likely Respondents: Respondents are
                                                    DOI:10.1001/jamasurg.2017.0831. Available                       of the estimated burden; (3) ways to                    likely to be either consumers or health
                                                    at http://jamanetwork.com/journals/                             enhance the quality, utility, and clarity               professionals.
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                                                                                                             TOTAL ESTIMATED ANNUALIZED BURDEN HOURS
                                                                                                                                                                    Number           Average burden/   Total response
                                                                                                                                           Number of
                                                          Data collection task                   Instrument/form name                                             responses/            response           burden
                                                                                                                                          respondents             respondent            (in hours)       (in hours)

                                                    In-depth interviews ...............     Screener ...............................                 1,500                     1               10/60              250
                                                                                            Interview ...............................                  500                     1                1.00              500
                                                    Focus groups ........................   Screener ...............................                 2,925                     1               10/60             487.5



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Document Created: 2017-09-29 03:26:48
Document Modified: 2017-09-29 03:26:48
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; request for comments.
DatesSubmit either electronic or written comments by December 28, 2017.
ContactKathleen Davies, Office of Medical Products and Tobacco, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 1, Rm. 2310, Silver Spring, MD 20993, 301-796-2205.
FR Citation82 FR 45597 

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