83_FR_45815 83 FR 45640 - Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions; Public Meeting; Request for Comments

83 FR 45640 - Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions; Public Meeting; Request for Comments

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45640-45642
FR Document2018-19612

The Food and Drug Administration (FDA, the Agency, or we) is announcing a public meeting entitled ``Identifying the Root Causes of Drug Shortages and Finding Enduring Solutions.'' The purpose of the meeting is to give stakeholders, including health care providers, patients, manufacturers, wholesalers, pharmacists, pharmacy benefit managers, veterinarians, public and private insurers, academic researchers, and the public, the opportunity to provide input on the underlying systemic causes of drug shortages, and make recommendations for actions to prevent or mitigate drug shortages. Members of Congress have asked the Agency to examine the root causes and drivers of these shortages, and to recommend measures that will provide more enduring solutions. To this end, the Commissioner has convened an inter-Agency task force of senior Federal officials of FDA, the Centers for Medicare & Medicaid Services, the Department of Veterans Affairs, and the Department of Defense. After receiving input from stakeholders, the task force intends to provide a report to Congress regarding the root causes of drug shortages. The report will also include recommendations regarding new authorities FDA or other Federal agencies could use to help provide enduring solutions to shortages.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45640-45642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19612]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3272]


Identifying the Root Causes of Drug Shortages and Finding 
Enduring Solutions; Public Meeting; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is 
announcing a public meeting entitled ``Identifying the Root Causes of 
Drug Shortages and Finding Enduring Solutions.'' The purpose of the 
meeting is to give stakeholders, including health care providers, 
patients, manufacturers, wholesalers, pharmacists, pharmacy benefit 
managers, veterinarians, public and private insurers, academic 
researchers, and the public, the opportunity to provide input on the 
underlying systemic causes of drug shortages, and make recommendations 
for actions to prevent or mitigate drug shortages. Members of Congress 
have asked the Agency to examine the root causes and drivers of these 
shortages, and to recommend measures that will provide more enduring 
solutions. To this end, the Commissioner has convened an inter-Agency 
task force of senior Federal officials of FDA, the Centers for Medicare 
& Medicaid Services, the Department of Veterans Affairs, and the 
Department of Defense. After receiving input from stakeholders, the 
task force intends to provide a report to Congress regarding the root 
causes of drug shortages. The report will also include recommendations 
regarding new authorities FDA or other Federal agencies could use to 
help provide enduring solutions to shortages.

DATES: The public meeting will be held on November 27, 2018, from 8:30 
a.m. to 4:30 p.m. Submit either electronic or written comments on this 
public meeting by January 11, 2019. See the SUPPLEMENTARY INFORMATION 
section for registration date and information.

ADDRESSES: The public meeting will be held at the Washington Marriott 
at Metro Center, 775 12th St. NW, Washington, DC 20005. The hotel's 
phone number is 202-737-2200.
    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 January 11, 2019. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of January 11, 2019. 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-2018-N-3272 for ``Identifying the Root Causes of Drug Shortages and 
Finding Enduring Solutions.'' Received comments, those filed in a 
timely manner (see ADDRESSES), will be placed in the docket and, except 
for those submitted as ``Confidential Submissions,'' publicly viewable 
at https://www.regulations.gov or at the Dockets Management Staff 
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 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: 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: Michie Hunt, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire

[[Page 45641]]

Ave., Bldg. 51, Rm. 6153, Silver Spring, MD 20993, 301-796-3504.

SUPPLEMENTARY INFORMATION: 

I. Background

    Drug shortages are among the greatest challenges health care 
providers and patients face. These shortages can affect treatment 
options and require practitioners to make difficult decisions that can 
compromise care, such as rationing supplies or using less desirable, 
but more readily available, alternative therapies. FDA has acted within 
its statutory authority to prevent and mitigate drug shortages. By 
working with industry and other parties, the Agency has helped to 
steadily reduce the number of new shortages since a peak of 251 new 
shortages occurred in 2011, as detailed in the Agency's ``Report on 
Drug Shortages for Calendar Year 2017,'' which is available at https://www.fda.gov/downloads/Drugs/DrugSafety/DrugShortages/UCM610662.pdf.
    Despite this success in preventing or mitigating individual cases, 
more can and must be done to better understand and address the 
underlying systemic factors that are leading to shortages of medically 
necessary drugs. Members of Congress have asked the Agency to examine 
the root causes and drivers of these shortages, and to recommend 
measures that will provide more enduring solutions. To this end, the 
Commissioner has convened an inter-agency task force of senior federal 
officials of FDA, the Centers for Medicare & Medicaid Services, the 
Department of Veterans Affairs, and the Department of Defense. After 
receiving input from stakeholders, the task force intends to provide a 
report to Congress regarding the root causes of drug shortages. The 
report will also include recommendations regarding new authorities FDA 
or other federal agencies could use to help provide enduring solutions 
to shortages.

II. Topics for Discussion at the Public Meeting

    We are soliciting input from stakeholders concerning the adverse 
consequences of drug shortages, the underlying systemic causes and 
drivers of these shortages, and the policies and strategies that may 
help to prevent or mitigate them. We welcome any relevant information 
that stakeholders wish to share, as all factors contributing to 
shortages are matters of concern. We are particularly interested in 
stakeholder input in the following areas:

A. Assessing the Adverse Consequences of Drug Shortages to Patients, 
Health Care Providers, and the Drug Supply Chain

    1. Drug Shortages' Impact on Patients
    a. What clinical impacts have patients experienced: e.g., adverse 
events, treatment delays, accelerated disease progression, or worsened 
outcomes due to patients' to using less effective or less safe 
alternatives?
    b. What economic impacts have patients affected by drug shortages 
experienced?
    c. Do drug shortages affect patients disproportionately by 
geographic region, age, disease or condition, socioeconomic status, or 
other factors? Are there specific times of year or classes of drugs 
that see episodic, more frequent or more severe shortages? If so, why 
does this happen?
    2. Drug Shortages Impact on Health Care Providers
    a. What economic impacts (including increased inventory management 
costs, substitution of more expensive drugs for drugs in shortage, and 
increased liability from adverse events) have health care providers, 
including veterinarians, experienced because of drug shortages?
    b. Do the adverse consequences of shortages affect providers 
disproportionately by, for example, geographic region, clinical area, 
or other characteristics?
    3. Drug Shortages' Impact on the Supply Chain
    a. What economic effects have shortages had on key links in the 
drug supply chain: e.g., wholesalers, distributors, and pharmacies?
    b. Have certain links in the supply chain been disproportionately 
affected by shortages? If so, which ones?
    4. Do available data accurately capture the differences among 
shortages (e.g., their severity and duration) that may affect their 
clinical and economic adverse consequences? If not, what additional 
data would be needed to better capture these differences?

B. Identifying the Root Causes and Drivers of Drug Shortages

    1. What factors affect the likelihood, severity, and duration of 
shortages? Are these factors mostly related to raw materials, 
management, and resilience of production facilities, or other factors 
such as contracting or market structure? Do they differ for various 
drugs?
    2. What government policies and regulations may contribute to drug 
shortages, and how could these be modified to prevent or limit impacts 
of drug shortages?
    3. How do manufacturers contribute to drug availability or 
shortages, including responses to shortages?
    a. What factors do generic and brand manufacturers consider when 
making decisions about whether to seek approval for certain drugs, to 
produce and market a drug for which they already hold an approved new 
drug application or abbreviated new drug application, or to discontinue 
marketing a drug? How do those decisions contribute (directly or 
indirectly) to shortages?
    b. How do manufacturers monitor for situations that may result in a 
drug shortage? Are there certain indicators that are monitored? If so, 
are the potential triggers the same for all drugs, for example brand 
and generic sterile injectable drugs?
    c. When manufacturers recognize a potential shortage, what options 
do they have for averting one? How easy or difficult is it to implement 
these options, and how costly is it to implement them? What is the 
impact of government policy or regulation on these options?
    d. What factors play a role in manufacturers' decisions to make 
capital investments to expand capacity or to modernize infrastructure?
    e. When manufacturers are remediating or upgrading a facility, how 
can shortages related to production slowdowns and shutdowns be avoided?
    4. Drug supply is controlled through contracts among manufacturers, 
distributors, and end users. What features of contracts used throughout 
the supply chain contribute to drug availability and shortages, 
including responses to shortages?
    a. What is the effect of duration and scope (how many and what 
types of drug products are covered by each contract, and whether non-
drug products are bundled into the contract), on drug availability or 
shortage?
    b. How commonly do these contracts include incentives such as 
contingency clauses, performance requirements, failure-to-supply 
clauses, or restrictions on limiting downstream price increases? How 
large are these incentives currently? Are there institutional or 
informational impediments limiting greater use of such incentives or 
performance clauses?
    c. What are the implications of markups on inventory management 
throughout the supply chain? How might these markups contribute to 
shortages, and to response to shortages?
    d. How have the characteristics of contracts, and markups at 
different points in the supply chain, changed over the past 15 years?

[[Page 45642]]

    e. What are the implications of these contracting provisions and 
their changes for the probability, severity, and duration of drug 
shortages?
    f. How much competition exists throughout the supply chain? Over 
the past 15 years, have there been challenges to competition and if so, 
what factors are responsible for these challenges? For example, has 
consolidation in different parts of the supply chain created market 
barriers to entry and reduced competition? If so, what effect has the 
reduction in competition had on drug shortages?

C. Identifying Strategies for Preventing or Mitigating Drug Shortages

    1. What policies could the Federal Government adopt, and what 
strategies could it implement, that would reduce the likelihood, 
severity, and duration of shortages? Would additional authorities be 
necessary or helpful? For example:
    a. Establish a list of ``essential medicines'' for use in 
preventing and mitigating shortages. If such a list were established, 
what should be the criteria for inclusion? And how should such a list 
be maintained and administered?
    b. Provide financial incentives, such as tax credits or revised 
reimbursement policies: e.g., to allow additional payments for drugs in 
or at risk of shortage or to encourage investment to expand 
manufacturing capacity or to modernize aging infrastructure, to enhance 
process capability and variability control, or to prevent manufacturing 
problems that affect product availability;
    c. Allow other entities (e.g., contract manufacturers) to fill gaps 
in supply;
    d. Require risk management plans to help manufacturers prepare to 
respond efficiently and effectively to potential shortages;
    e. Require the extension of expiration dates for drugs in shortage 
or at risk of shortage, where scientifically justified;
    f. Revise trade policies and authorities: e.g., to allow federal 
purchasers to buy imported drugs or raw materials to prevent or 
mitigate a shortage;
    g. Heighten scrutiny of proposed mergers and acquisitions that 
increase market concentration or the likelihood of shortages;
    h. Revise payment policies and authorities: e.g., that would be 
coupled with a requirement to establish contingency plans for supplying 
medicines that go into shortage; and
    i. Federal investment in production capacity for essential 
medicines directly related to national security, emergency 
preparedness, and defense.
    2. In designing new policies to prevent or mitigate shortages, how 
can the Federal Government avoid creating perverse incentives or 
negative cascading effects in the health care financing and delivery 
system? For example, how might changes to government payment and 
reimbursement affect the other sectors of the market?
    3. Are there lessons for the Federal Government, or practices that 
it can emulate, from strategies used to prevent or mitigate shortages 
in other commodity markets that face shortage issues?
    4. What challenges does the global nature of drug manufacturing and 
marketing pose for efforts to prevent shortages in the U.S. market?
    5. As drug shortages are a national problem, what are the sources 
of funding that can be applied to provide incentives to remedy the root 
causes?

III. Participating in the Public Meeting

    Registration: To register for the public meeting, please visit the 
following website: https://healthpolicy.duke.edu/events/drug-shortage-task-force. Please provide complete contact information for each 
attendee, including name, title, affiliation, address, email, and 
telephone. Registration is free and based on space availability, with 
priority given to early registrants. Persons interested in attending 
this public meeting must register by Wednesday, November 21, 2018, 
midnight Eastern Time. There will be no onsite registration. Early 
registration is recommended because seating is limited; therefore, FDA 
may limit the number of participants from each organization. 
Registrants will receive confirmation when they have been accepted. If 
you are unable to attend the meeting in person, you can register to 
view a live webcast of the meeting. The Duke-Margolis Center for Health 
Policy will post on its website if registration closes before the day 
of the public meeting.
    If you need special accommodations due to a disability, please 
contact Sarah Supsiri at the Duke-Margolis Center for Health Policy 
(phone: 202-791-9561, email: [email protected]) no later than 
November 20, 2018.
    Streaming webcast of the public workshop: This public workshop will 
be webcast live. Persons interested in viewing the live webcast may 
register ahead of the event by visiting https://healthpolicy.duke.edu/events/drug-shortage-task-force. The live webcast will also be 
available at the website above on the day of the event without pre-
registration. Archived video footage will be available at the Duke-
Margolis website following the workshop.
    Transcripts: Please be advised that as soon as a transcript of the 
public meeting is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff 
(see ADDRESSES). A link to the transcript will also be available on the 
internet at https://www.fda.gov/Drugs/DrugSafety/DrugShortages/default.htm.
    Other Issues for Consideration: A 1-hour lunch break is scheduled, 
but food will not be provided. There are multiple restaurants within 
walking distance of the Washington Marriott at Metro Center, 775 12th 
St. NW, Washington, DC 20005.
    All event materials will be provided to registered attendees via 
email prior to the workshop and will be publicly available at the Duke-
Margolis Center for Health Policy website at https://healthpolicy.duke.edu/events/drug-shortage-task-force.

    Dated: September 5, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19612 Filed 9-7-18; 8:45 am]
BILLING CODE 4164-01-P



                                               45640                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               III. Electronic Access                                  written comments on this public                       information submitted, marked and
                                                  Persons with access to the internet                  meeting by January 11, 2019. See the                  identified, as confidential, if submitted
                                               may obtain the draft MOU at either                      SUPPLEMENTARY INFORMATION section for                 as detailed in ‘‘Instructions.’’
                                               http://www.fda.gov/Drugs/Guidance                       registration date and information.                       Instructions: All submissions received
                                               ComplianceRegulatoryInformation/                        ADDRESSES: The public meeting will be                 must include the Docket No. FDA–
                                               Guidances/default.htm or https://                       held at the Washington Marriott at                    2018–N–3272 for ‘‘Identifying the Root
                                               www.regulations.gov.                                    Metro Center, 775 12th St. NW,                        Causes of Drug Shortages and Finding
                                                                                                       Washington, DC 20005. The hotel’s                     Enduring Solutions.’’ Received
                                                 Dated: August 31, 2018.                                                                                     comments, those filed in a timely
                                                                                                       phone number is 202–737–2200.
                                               Leslie Kux,                                                You may submit comments as                         manner (see ADDRESSES), will be placed
                                               Associate Commissioner for Policy.                      follows. Please note that late, untimely              in the docket and, except for those
                                               [FR Doc. 2018–19461 Filed 9–7–18; 8:45 am]              filed comments will not be considered.                submitted as ‘‘Confidential
                                               BILLING CODE 4164–01–P                                  Electronic comments must be submitted                 Submissions,’’ publicly viewable at
                                                                                                       on or before January 11, 2019. The                    https://www.regulations.gov or at the
                                                                                                       https://www.regulations.gov electronic                Dockets Management Staff between 9
                                               DEPARTMENT OF HEALTH AND                                filing system will accept comments                    a.m. and 4 p.m., Monday through
                                               HUMAN SERVICES                                          until midnight Eastern Time at the end                Friday.
                                                                                                       of January 11, 2019. Comments received                   • Confidential Submissions—To
                                               Food and Drug Administration                            by mail/hand delivery/courier (for                    submit a comment with confidential
                                               [Docket No. FDA–2018–N–3272]                            written/paper submissions) will be                    information that you do not wish to be
                                                                                                       considered timely if they are                         made publicly available, submit your
                                               Identifying the Root Causes of Drug                     postmarked or the delivery service                    comments only as a written/paper
                                               Shortages and Finding Enduring                          acceptance receipt is on or before that               submission. You should submit two
                                               Solutions; Public Meeting; Request for                  date.                                                 copies total. One copy will include the
                                               Comments                                                                                                      information you claim to be confidential
                                                                                                       Electronic Submissions
                                               AGENCY:    Food and Drug Administration,                                                                      with a heading or cover note that states
                                                                                                         Submit electronic comments in the                   ‘‘THIS DOCUMENT CONTAINS
                                               HHS.                                                    following way:                                        CONFIDENTIAL INFORMATION.’’ The
                                               ACTION: Notice of public meeting;                         • Federal eRulemaking Portal:                       Agency will review this copy, including
                                               request for comments.                                   https://www.regulations.gov. Follow the               the claimed confidential information, in
                                               SUMMARY:    The Food and Drug                           instructions for submitting comments.                 its consideration of comments. The
                                               Administration (FDA, the Agency, or                     Comments submitted electronically,                    second copy, which will have the
                                               we) is announcing a public meeting                      including attachments, to https://                    claimed confidential information
                                               entitled ‘‘Identifying the Root Causes of               www.regulations.gov will be posted to                 redacted/blacked out, will be available
                                               Drug Shortages and Finding Enduring                     the docket unchanged. Because your                    for public viewing and posted on
                                               Solutions.’’ The purpose of the meeting                 comment will be made public, you are                  https://www.regulations.gov. Submit
                                               is to give stakeholders, including health               solely responsible for ensuring that your             both copies to the Dockets Management
                                               care providers, patients, manufacturers,                comment does not include any                          Staff. If you do not wish your name and
                                               wholesalers, pharmacists, pharmacy                      confidential information that you or a                contact information to be made publicly
                                               benefit managers, veterinarians, public                 third party may not wish to be posted,                available, you can provide this
                                               and private insurers, academic                          such as medical information, your or                  information on the cover sheet and not
                                               researchers, and the public, the                        anyone else’s Social Security number, or              in the body of your comments and you
                                               opportunity to provide input on the                     confidential business information, such               must identify this information as
                                               underlying systemic causes of drug                      as a manufacturing process. Please note               ‘‘confidential.’’ Any information marked
                                               shortages, and make recommendations                     that if you include your name, contact                as ‘‘confidential’’ will not be disclosed
                                               for actions to prevent or mitigate drug                 information, or other information that                except in accordance with 21 CFR 10.20
                                               shortages. Members of Congress have                     identifies you in the body of your                    and other applicable disclosure law. For
                                               asked the Agency to examine the root                    comments, that information will be                    more information about FDA’s posting
                                               causes and drivers of these shortages,                  posted on https://www.regulations.gov.                of comments to public dockets, see 80
                                                                                                         • If you want to submit a comment                   FR 56469, September 18, 2015, or access
                                               and to recommend measures that will
                                                                                                       with confidential information that you                the information at: https://www.gpo.gov/
                                               provide more enduring solutions. To
                                                                                                       do not wish to be made available to the               fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               this end, the Commissioner has
                                                                                                       public, submit the comment as a                       23389.pdf.
                                               convened an inter-Agency task force of
                                                                                                       written/paper submission and in the                      Docket: For access to the docket to
                                               senior Federal officials of FDA, the
                                                                                                       manner detailed (see ‘‘Written/Paper                  read background documents or the
                                               Centers for Medicare & Medicaid
                                                                                                       Submissions’’ and ‘‘Instructions’’).                  electronic and written/paper comments
                                               Services, the Department of Veterans
                                               Affairs, and the Department of Defense.                 Written/Paper Submissions                             received, go to https://
                                               After receiving input from stakeholders,                  Submit written/paper submissions as                 www.regulations.gov and insert the
                                               the task force intends to provide a report              follows:                                              docket number, found in brackets in the
                                               to Congress regarding the root causes of                  • Mail/Hand delivery/Courier (for                   heading of this document, into the
                                               drug shortages. The report will also                    written/paper submissions): Dockets                   ‘‘Search’’ box and follow the prompts
daltland on DSKBBV9HB2PROD with NOTICES




                                               include recommendations regarding                       Management Staff (HFA–305), Food and                  and/or go to the Dockets Management
                                               new authorities FDA or other Federal                    Drug Administration, 5630 Fishers                     Staff, 5630 Fishers Lane, Rm. 1061,
                                               agencies could use to help provide                      Lane, Rm. 1061, Rockville, MD 20852.                  Rockville, MD 20852.
                                               enduring solutions to shortages.                          • For written/paper comments                        FOR FURTHER INFORMATION CONTACT:
                                               DATES: The public meeting will be held                  submitted to the Dockets Management                   Michie Hunt, Center for Drug Evaluation
                                               on November 27, 2018, from 8:30 a.m.                    Staff, FDA will post your comment, as                 and Research, Food and Drug
                                               to 4:30 p.m. Submit either electronic or                well as any attachments, except for                   Administration, 10903 New Hampshire


                                          VerDate Sep<11>2014   17:54 Sep 07, 2018   Jkt 244001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\10SEN1.SGM   10SEN1


                                                                         Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices                                            45641

                                               Ave., Bldg. 51, Rm. 6153, Silver Spring,                A. Assessing the Adverse Consequences                    3. How do manufacturers contribute
                                               MD 20993, 301–796–3504.                                 of Drug Shortages to Patients, Health                 to drug availability or shortages,
                                                                                                       Care Providers, and the Drug Supply                   including responses to shortages?
                                               SUPPLEMENTARY INFORMATION:                                                                                       a. What factors do generic and brand
                                                                                                       Chain
                                               I. Background                                                                                                 manufacturers consider when making
                                                                                                          1. Drug Shortages’ Impact on Patients
                                                                                                                                                             decisions about whether to seek
                                                                                                          a. What clinical impacts have patients
                                                  Drug shortages are among the greatest                                                                      approval for certain drugs, to produce
                                                                                                       experienced: e.g., adverse events,
                                               challenges health care providers and                                                                          and market a drug for which they
                                                                                                       treatment delays, accelerated disease
                                               patients face. These shortages can affect                                                                     already hold an approved new drug
                                                                                                       progression, or worsened outcomes due
                                               treatment options and require                                                                                 application or abbreviated new drug
                                                                                                       to patients’ to using less effective or less
                                               practitioners to make difficult decisions                                                                     application, or to discontinue marketing
                                                                                                       safe alternatives?
                                               that can compromise care, such as                                                                             a drug? How do those decisions
                                                                                                          b. What economic impacts have
                                               rationing supplies or using less                                                                              contribute (directly or indirectly) to
                                                                                                       patients affected by drug shortages
                                               desirable, but more readily available,                                                                        shortages?
                                                                                                       experienced?
                                               alternative therapies. FDA has acted                                                                             b. How do manufacturers monitor for
                                                                                                          c. Do drug shortages affect patients
                                               within its statutory authority to prevent                                                                     situations that may result in a drug
                                                                                                       disproportionately by geographic region,
                                               and mitigate drug shortages. By working                                                                       shortage? Are there certain indicators
                                                                                                       age, disease or condition,
                                               with industry and other parties, the                                                                          that are monitored? If so, are the
                                                                                                       socioeconomic status, or other factors?
                                               Agency has helped to steadily reduce                                                                          potential triggers the same for all drugs,
                                                                                                       Are there specific times of year or
                                               the number of new shortages since a                                                                           for example brand and generic sterile
                                                                                                       classes of drugs that see episodic, more
                                               peak of 251 new shortages occurred in                                                                         injectable drugs?
                                                                                                       frequent or more severe shortages? If so,                c. When manufacturers recognize a
                                               2011, as detailed in the Agency’s                       why does this happen?
                                               ‘‘Report on Drug Shortages for Calendar                                                                       potential shortage, what options do they
                                                                                                          2. Drug Shortages Impact on Health                 have for averting one? How easy or
                                               Year 2017,’’ which is available at                      Care Providers                                        difficult is it to implement these
                                               https://www.fda.gov/downloads/Drugs/                       a. What economic impacts (including                options, and how costly is it to
                                               DrugSafety/DrugShortages/                               increased inventory management costs,                 implement them? What is the impact of
                                               UCM610662.pdf.                                          substitution of more expensive drugs for              government policy or regulation on
                                                  Despite this success in preventing or                drugs in shortage, and increased                      these options?
                                               mitigating individual cases, more can                   liability from adverse events) have                      d. What factors play a role in
                                               and must be done to better understand                   health care providers, including                      manufacturers’ decisions to make
                                               and address the underlying systemic                     veterinarians, experienced because of                 capital investments to expand capacity
                                               factors that are leading to shortages of                drug shortages?                                       or to modernize infrastructure?
                                               medically necessary drugs. Members of                      b. Do the adverse consequences of                     e. When manufacturers are
                                               Congress have asked the Agency to                       shortages affect providers                            remediating or upgrading a facility, how
                                               examine the root causes and drivers of                  disproportionately by, for example,                   can shortages related to production
                                               these shortages, and to recommend                       geographic region, clinical area, or other            slowdowns and shutdowns be avoided?
                                               measures that will provide more                         characteristics?                                         4. Drug supply is controlled through
                                               enduring solutions. To this end, the                       3. Drug Shortages’ Impact on the                   contracts among manufacturers,
                                               Commissioner has convened an inter-                     Supply Chain                                          distributors, and end users. What
                                               agency task force of senior federal                        a. What economic effects have                      features of contracts used throughout
                                               officials of FDA, the Centers for                       shortages had on key links in the drug                the supply chain contribute to drug
                                               Medicare & Medicaid Services, the                       supply chain: e.g., wholesalers,                      availability and shortages, including
                                               Department of Veterans Affairs, and the                 distributors, and pharmacies?                         responses to shortages?
                                               Department of Defense. After receiving                     b. Have certain links in the supply                   a. What is the effect of duration and
                                               input from stakeholders, the task force                 chain been disproportionately affected                scope (how many and what types of
                                               intends to provide a report to Congress                 by shortages? If so, which ones?                      drug products are covered by each
                                               regarding the root causes of drug                          4. Do available data accurately                    contract, and whether non-drug
                                               shortages. The report will also include                 capture the differences among shortages               products are bundled into the contract),
                                                                                                       (e.g., their severity and duration) that              on drug availability or shortage?
                                               recommendations regarding new
                                                                                                       may affect their clinical and economic                   b. How commonly do these contracts
                                               authorities FDA or other federal
                                                                                                       adverse consequences? If not, what                    include incentives such as contingency
                                               agencies could use to help provide
                                                                                                       additional data would be needed to                    clauses, performance requirements,
                                               enduring solutions to shortages.
                                                                                                       better capture these differences?                     failure-to-supply clauses, or restrictions
                                               II. Topics for Discussion at the Public                 B. Identifying the Root Causes and                    on limiting downstream price increases?
                                               Meeting                                                 Drivers of Drug Shortages                             How large are these incentives
                                                                                                                                                             currently? Are there institutional or
                                                  We are soliciting input from                           1. What factors affect the likelihood,              informational impediments limiting
                                               stakeholders concerning the adverse                     severity, and duration of shortages? Are              greater use of such incentives or
                                               consequences of drug shortages, the                     these factors mostly related to raw                   performance clauses?
                                               underlying systemic causes and drivers                  materials, management, and resilience                    c. What are the implications of
                                               of these shortages, and the policies and                of production facilities, or other factors            markups on inventory management
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                                               strategies that may help to prevent or                  such as contracting or market structure?              throughout the supply chain? How
                                               mitigate them. We welcome any                           Do they differ for various drugs?                     might these markups contribute to
                                               relevant information that stakeholders                    2. What government policies and                     shortages, and to response to shortages?
                                               wish to share, as all factors contributing              regulations may contribute to drug                       d. How have the characteristics of
                                               to shortages are matters of concern. We                 shortages, and how could these be                     contracts, and markups at different
                                               are particularly interested in                          modified to prevent or limit impacts of               points in the supply chain, changed
                                               stakeholder input in the following areas:               drug shortages?                                       over the past 15 years?


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                                               45642                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                                 e. What are the implications of these                    2. In designing new policies to                    will be available at the Duke-Margolis
                                               contracting provisions and their changes                prevent or mitigate shortages, how can                website following the workshop.
                                               for the probability, severity, and                      the Federal Government avoid creating                    Transcripts: Please be advised that as
                                               duration of drug shortages?                             perverse incentives or negative                       soon as a transcript of the public
                                                 f. How much competition exists                        cascading effects in the health care                  meeting is available, it will be accessible
                                               throughout the supply chain? Over the                   financing and delivery system? For                    at https://www.regulations.gov. It may
                                               past 15 years, have there been                          example, how might changes to                         be viewed at the Dockets Management
                                               challenges to competition and if so,                    government payment and                                Staff (see ADDRESSES). A link to the
                                               what factors are responsible for these                  reimbursement affect the other sectors                transcript will also be available on the
                                               challenges? For example, has                            of the market?                                        internet at https://www.fda.gov/Drugs/
                                               consolidation in different parts of the                    3. Are there lessons for the Federal               DrugSafety/DrugShortages/default.htm.
                                               supply chain created market barriers to                 Government, or practices that it can                     Other Issues for Consideration: A 1-
                                               entry and reduced competition? If so,                   emulate, from strategies used to prevent              hour lunch break is scheduled, but food
                                               what effect has the reduction in                        or mitigate shortages in other                        will not be provided. There are multiple
                                               competition had on drug shortages?                      commodity markets that face shortage                  restaurants within walking distance of
                                                                                                       issues?                                               the Washington Marriott at Metro
                                               C. Identifying Strategies for Preventing                                                                      Center, 775 12th St. NW, Washington,
                                               or Mitigating Drug Shortages                               4. What challenges does the global
                                                                                                       nature of drug manufacturing and                      DC 20005.
                                                  1. What policies could the Federal                   marketing pose for efforts to prevent                    All event materials will be provided
                                               Government adopt, and what strategies                   shortages in the U.S. market?                         to registered attendees via email prior to
                                               could it implement, that would reduce                      5. As drug shortages are a national                the workshop and will be publicly
                                               the likelihood, severity, and duration of               problem, what are the sources of                      available at the Duke-Margolis Center
                                               shortages? Would additional authorities                 funding that can be applied to provide                for Health Policy website at https://
                                               be necessary or helpful? For example:                   incentives to remedy the root causes?                 healthpolicy.duke.edu/events/drug-
                                                  a. Establish a list of ‘‘essential                                                                         shortage-task-force.
                                               medicines’’ for use in preventing and                   III. Participating in the Public Meeting                Dated: September 5, 2018.
                                               mitigating shortages. If such a list were                  Registration: To register for the public           Leslie Kux,
                                               established, what should be the criteria                meeting, please visit the following                   Associate Commissioner for Policy.
                                               for inclusion? And how should such a                    website: https://healthpolicy.duke.edu/               [FR Doc. 2018–19612 Filed 9–7–18; 8:45 am]
                                               list be maintained and administered?                    events/drug-shortage-task-force. Please               BILLING CODE 4164–01–P
                                                  b. Provide financial incentives, such                provide complete contact information
                                               as tax credits or revised reimbursement                 for each attendee, including name, title,
                                               policies: e.g., to allow additional                     affiliation, address, email, and                      DEPARTMENT OF HEALTH AND
                                               payments for drugs in or at risk of                     telephone. Registration is free and based             HUMAN SERVICES
                                               shortage or to encourage investment to                  on space availability, with priority given
                                               expand manufacturing capacity or to                     to early registrants. Persons interested in           National Institutes of Health
                                               modernize aging infrastructure, to                      attending this public meeting must
                                               enhance process capability and                          register by Wednesday, November 21,                   Center for Scientific Review; Notice of
                                               variability control, or to prevent                      2018, midnight Eastern Time. There will               Closed Meetings
                                               manufacturing problems that affect                      be no onsite registration. Early                        Pursuant to section 10(d) of the
                                               product availability;                                   registration is recommended because                   Federal Advisory Committee Act, as
                                                  c. Allow other entities (e.g., contract              seating is limited; therefore, FDA may                amended, notice is hereby given of the
                                               manufacturers) to fill gaps in supply;                  limit the number of participants from                 following meetings.
                                                  d. Require risk management plans to                  each organization. Registrants will                     The meetings will be closed to the
                                               help manufacturers prepare to respond                   receive confirmation when they have                   public in accordance with the
                                               efficiently and effectively to potential                been accepted. If you are unable to                   provisions set forth in sections
                                               shortages;                                              attend the meeting in person, you can                 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
                                                  e. Require the extension of expiration               register to view a live webcast of the                as amended. The grant applications and
                                               dates for drugs in shortage or at risk of               meeting. The Duke-Margolis Center for                 the discussions could disclose
                                               shortage, where scientifically justified;               Health Policy will post on its website if             confidential trade secrets or commercial
                                                  f. Revise trade policies and                         registration closes before the day of the             property such as patentable material,
                                               authorities: e.g., to allow federal                     public meeting.                                       and personal information concerning
                                               purchasers to buy imported drugs or                        If you need special accommodations                 individuals associated with the grant
                                               raw materials to prevent or mitigate a                  due to a disability, please contact Sarah             applications, the disclosure of which
                                               shortage;                                               Supsiri at the Duke-Margolis Center for               would constitute a clearly unwarranted
                                                  g. Heighten scrutiny of proposed                     Health Policy (phone: 202–791–9561,                   invasion of personal privacy.
                                               mergers and acquisitions that increase                  email: sarah.supsiri@duke.edu) no later                 Name of Committee: Vascular and
                                               market concentration or the likelihood                  than November 20, 2018.                               Hematology Integrated Review Group;
                                               of shortages;                                              Streaming webcast of the public                    Hypertension and Microcirculation Study
                                                  h. Revise payment policies and                       workshop: This public workshop will be                Section.
                                               authorities: e.g., that would be coupled                webcast live. Persons interested in                     Date: October 2–3, 2018.
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                                               with a requirement to establish                         viewing the live webcast may register                   Time: 8:00 a.m. to 7:00 p.m.
                                               contingency plans for supplying                         ahead of the event by visiting https://                 Agenda: To review and evaluate grant
                                                                                                                                                             applications.
                                               medicines that go into shortage; and                    healthpolicy.duke.edu/events/drug-                      Place: Embassy Suites at the Chevy Chase
                                                  i. Federal investment in production                  shortage-task-force. The live webcast                 Pavilion, 4300 Military Road NW,
                                               capacity for essential medicines directly               will also be available at the website                 Washington, DC 20015.
                                               related to national security, emergency                 above on the day of the event without                   Contact Person: Ai-Ping Zou, M.D., Ph.D.,
                                               preparedness, and defense.                              pre-registration. Archived video footage              Scientific Review Officer, Center for



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Document Created: 2018-09-08 00:42:56
Document Modified: 2018-09-08 00:42:56
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 public meeting; request for comments.
DatesThe public meeting will be held on November 27, 2018, from 8:30 a.m. to 4:30 p.m. Submit either electronic or written comments on this public meeting by January 11, 2019. See the SUPPLEMENTARY INFORMATION section for registration date and information.
ContactMichie Hunt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6153, Silver Spring, MD 20993, 301-796-3504.
FR Citation83 FR 45640 

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