Draft Guidance for the Public, FDA Advisory Committee Members, and FDA Staff on Procedures for Determining Conflict of Interest and Eligibility for Participation in FDA Advisory Committees; Availability, 13805-13806 [07-1459]

Download as PDF Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices speak in their assigned order. If registered presenters are not given an opportunity to speak because of time restrictions, we will accept and present their written testimony to the TAG members. Time permitting, comments from other participants (individuals who are not registered presenters) may be heard after the scheduled testimonies. If there are individuals who cannot attend the meeting but wish to submit comments/statements regarding issues related to the EMTALA TAG, we will accept and present their written comments/statements at the meeting if their comments/statements are received by postal mail or e-mail at the address listed in the ADDRESSES section of this notice by April 19, 2007. sroberts on PROD1PC70 with NOTICES III. Registration Instructions The Center for Medicare Management of CMS is coordinating meeting registration. While there is no registration fee, all individuals must register to attend due to limited seating. As specified in the DATES section of this notice, individuals who wish to attend the meeting but do not plan to present testimony must register by April 26, 2007. Individuals who would like both to attend and to present testimony on issues relating to the EMTALA TAG must register by April 12, 2007 and must state specifically in their registration request that they wish to present testimony for EMTALA TAG consideration. A copy of the presenter’s written testimony must be received by CMS at the address specified in the ADDRESSES section of this notice by April 19, 2007. You may register by e-mail to Marianne Myers at Marianne.Myers@cms.hhs.gov, by fax to the attention of Marianne Myers at (410) 786–0681, or by telephone at (410) 786– 5962. All registration requests must include your name, name of the organization (if applicable), address, telephone and fax numbers, e-mail address (if available). Individuals will receive a registration confirmation with instructions for your arrival at the Hubert Humphrey Building. If seating capacity has been reached, registrants will be notified that the meeting has reached capacity. All registrants are asked to arrive at the Hubert Humphrey Building no later than 20 minutes before the scheduled starting time of each meeting session they wish to attend. IV. Security Information Since this meeting will be held in a Federal government building, Federal security measures are applicable. As noted above, in planning your arrival VerDate Aug<31>2005 16:41 Mar 22, 2007 Jkt 211001 time, we recommend allowing additional time to clear security. In order to gain access to the building, participants must bring a governmentissued photo identification such as a driver’s license or a passport and a copy of your registration information for the meeting. Access may be denied to persons without proper identification. All persons entering the building must pass through a metal detector. In addition, all items brought to CMS, whether personal or for the purpose of demonstration or to support a presentation, are subject to inspection. We cannot assume responsibility for coordinating the receipt, transfer, transport, storage, set-up, safety, or timely arrival of any personal belongings or items used for demonstration or to support a presentation. Authority: Section 945 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA). (Catalog of Federal Domestic Assistance Program No. 93.773, Medicare—Hospital Insurance; and Program No. 93.774, Medicare—Supplementary Medical Insurance Program) Dated: March 16, 2007. Leslie V. Norwalk, Acting Administrator, Centers for Medicare & Medicaid Services. [FR Doc. E7–5329 Filed 3–22–07; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 2007D–0101] Draft Guidance for the Public, FDA Advisory Committee Members, and FDA Staff on Procedures for Determining Conflict of Interest and Eligibility for Participation in FDA Advisory Committees; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a draft document for the public, FDA advisory committee members, and FDA staff entitled ‘‘Guidance for the Public, FDA Advisory Committee Members, and FDA Staff: Procedures for Determining Conflict of Interest and Eligibility for Participation in FDA Advisory Committees’’ dated March 2007. This draft guidance describes the factors and analyses that should be used in considering whether an advisory committee member has a PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 13805 potential conflict of interest and whether participation in a meeting is appropriate. This guidance is intended to help the public, FDA advisory committee members, and FDA staff to understand and implement FDA policy in applying the applicable statutory and regulatory requirements. This draft guidance, when finalized, will replace the guidance document entitled ‘‘FDA Waiver Criteria 2000.’’ DATES: Submit written or electronic comments on the draft guidance by May 21, 2007. General comments on agency guidance documents are welcome at any time. ADDRESSES: Submit written requests for single copies of the guidance to the Office of Policy (HF–11), Office of the Commissioner, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one selfaddressed adhesive label to assist that office in processing your requests. Submit phone requests to 800–835–4709 or 301–827–1800. Submit written comments on the draft guidance to the Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to https://www.fda.gov/dockets/ ecomments. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance document. FOR FURTHER INFORMATION CONTACT: Jill Hartzler Warner, Office of Policy and Planning (HF–11), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827–3370. SUPPLEMENTARY INFORMATION: I. Background FDA is announcing the availability of a draft document, entitled ‘‘Guidance for the Public, FDA Advisory Committee Members, and FDA Staff; Procedures for Determining Conflict of Interest and Eligibility for Participation in FDA Advisory Committees,’’ dated March 2007. FDA’s advisory committees provide independent and expert advice on scientific, technical, and policy matters related to the development and evaluation of products regulated by FDA. FDA is committed to strictly adhering to the laws and regulations governing the process for selecting advisory committee members. FDA for many years has screened, prior to each meeting, all advisory committee members who are special government employees or regular government employees, to determine whether the potential for a financial conflict of interest exists. The agency may grant a waiver to allow an individual to E:\FR\FM\23MRN1.SGM 23MRN1 13806 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices participate in a meeting when statutory criteria are met; for example, when the need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved. FDA administers several laws and regulations that govern conflict of interest determinations; these laws are not entirely consistent and set out different standards. FDA’s Waiver Criteria 2000 guidance, which this draft guidance would replace, attempted to comprehensively address the complex set of variables that can be applied in reaching a determination about an individual advisory committee participant. However, because of its complexity and discretionary elements, FDA staff found it difficult to achieve consistent results that the public could readily understand. As part of FDA’s recent internal assessment of its advisory committee process, the agency has targeted its assessment of potential conflicts of interest and granting of waivers as an area that needs improvement. This draft guidance will implement a more stringent approach for considering eligibility for participation in FDA advisory committee meetings. The purpose of this draft guidance is to simplify and streamline the process by which FDA considers meeting participation, increase the transparency, clarity, and consistency of the process, and enhance public trust in this important function. We welcome comments on the draft guidance and specifically seek comment on (1) whether the draft approach, due to its stringency, could unduly restrict eligibility of needed experts for advisory committee meetings, (2) whether the $50,000 figure generally employed as the maximum amount for disqualifying financial interests, after applying certain exemptions, is appropriate or, alternatively, whether a different figure (higher or lower) should be used, and (3) whether and what additional examples should be provided for the steps described in this draft guidance for determining conflicts of interest and eligibility for participating in an advisory committee meeting. This draft guidance is being issued consistent with FDA’s good guidance practices regulation (21 CFR 10.115). The draft guidance represents the agency’s current thinking on procedures for considering conflict of interest and eligibility for participation in FDA advisory committees. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statutes and regulations. II. Comments Interested persons may submit to the Division of Dockets Management (see ADDRESSES) written or electronic comments regarding this document. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. III. Electronic Access Persons with access to the Internet may obtain the document at: https:// www.fda.gov/opacom/morechoices/ industry/guidedc.htm sroberts on PROD1PC70 with NOTICES Proposed Project: The National Health Service Corps (NHSC) Scholarship Program In-School Worksheets (OMB No. 0915–0250): Extension Dated: March 20, 2007. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 07–1459 Filed 3–21–07; 1:43 pm] BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Comment Request In compliance with the requirement for opportunity for public comment on proposed data collection projects (section 3506(c)(2)(A) of Title 44, United States Code, as amended by the Paperwork Reduction Act of 1995, Pub. Number of respondents Instrument L. 104–13), the Health Resources and Services Administration (HRSA) publishes periodic summaries of proposed projects being developed for submission to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995. To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, call the HRSA Reports Clearance Officer on (301) 443–1129. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Responses per respondent The National Health Service Corps (NHSC) Scholarship program provides scholarships to students in health professions in return for service in a federally-designated Health Professional Shortage Area (HPSA). If awarded an NHSC scholarship, the program requires the schools and the awardees to review and complete data collection worksheets for each year that the student is an NHSC Scholar. The forms provide information on the following: Verification of enrollment status; current curriculum; current contact information; and verification of accuracy of student data. The worksheets require minimal burden and provide the program with information that is required to determine if scholars are maintaining their status of eligibility as required by Federal statute. The annual estimate of burden is as follows: Hours per response (minutes) Total responses Total burden hours Scholar Worksheet ............................................................... School Verification Worksheet ............................................. School Contact Information ................................................. 800 300 550 1 1 1 800 300 550 10 10 10 134 50 92 Total .............................................................................. 1,650 ........................ 1,650 ........................ 276 VerDate Aug<31>2005 17:56 Mar 22, 2007 Jkt 211001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13805-13806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1459]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. 2007D-0101]


Draft Guidance for the Public, FDA Advisory Committee Members, 
and FDA Staff on Procedures for Determining Conflict of Interest and 
Eligibility for Participation in FDA Advisory Committees; Availability

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY:  The Food and Drug Administration (FDA) is announcing the 
availability of a draft document for the public, FDA advisory committee 
members, and FDA staff entitled ``Guidance for the Public, FDA Advisory 
Committee Members, and FDA Staff: Procedures for Determining Conflict 
of Interest and Eligibility for Participation in FDA Advisory 
Committees'' dated March 2007. This draft guidance describes the 
factors and analyses that should be used in considering whether an 
advisory committee member has a potential conflict of interest and 
whether participation in a meeting is appropriate. This guidance is 
intended to help the public, FDA advisory committee members, and FDA 
staff to understand and implement FDA policy in applying the applicable 
statutory and regulatory requirements. This draft guidance, when 
finalized, will replace the guidance document entitled ``FDA Waiver 
Criteria 2000.''

DATES:  Submit written or electronic comments on the draft guidance by 
May 21, 2007. General comments on agency guidance documents are welcome 
at any time.

ADDRESSES:  Submit written requests for single copies of the guidance 
to the Office of Policy (HF-11), Office of the Commissioner, Food and 
Drug Administration, 5600 Fishers Lane, Rockville, MD 20857. Send one 
self-addressed adhesive label to assist that office in processing your 
requests. Submit phone requests to 800-835-4709 or 301-827-1800. Submit 
written comments on the draft guidance to the Division of Dockets 
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, 
rm. 1061, Rockville, MD 20852. Submit electronic comments to https://
www.fda.gov/dockets/ecomments. See the SUPPLEMENTARY INFORMATION 
section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT:  Jill Hartzler Warner, Office of 
Policy and Planning (HF-11), Food and Drug Administration, 5600 Fishers 
Lane, Rockville, MD 20857, 301-827-3370.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft document, entitled 
``Guidance for the Public, FDA Advisory Committee Members, and FDA 
Staff; Procedures for Determining Conflict of Interest and Eligibility 
for Participation in FDA Advisory Committees,'' dated March 2007. FDA's 
advisory committees provide independent and expert advice on 
scientific, technical, and policy matters related to the development 
and evaluation of products regulated by FDA.
    FDA is committed to strictly adhering to the laws and regulations 
governing the process for selecting advisory committee members. FDA for 
many years has screened, prior to each meeting, all advisory committee 
members who are special government employees or regular government 
employees, to determine whether the potential for a financial conflict 
of interest exists. The agency may grant a waiver to allow an 
individual to

[[Page 13806]]

participate in a meeting when statutory criteria are met; for example, 
when the need for the individual's services outweighs the potential for 
a conflict of interest created by the financial interest involved. FDA 
administers several laws and regulations that govern conflict of 
interest determinations; these laws are not entirely consistent and set 
out different standards. FDA's Waiver Criteria 2000 guidance, which 
this draft guidance would replace, attempted to comprehensively address 
the complex set of variables that can be applied in reaching a 
determination about an individual advisory committee participant. 
However, because of its complexity and discretionary elements, FDA 
staff found it difficult to achieve consistent results that the public 
could readily understand. As part of FDA's recent internal assessment 
of its advisory committee process, the agency has targeted its 
assessment of potential conflicts of interest and granting of waivers 
as an area that needs improvement. This draft guidance will implement a 
more stringent approach for considering eligibility for participation 
in FDA advisory committee meetings. The purpose of this draft guidance 
is to simplify and streamline the process by which FDA considers 
meeting participation, increase the transparency, clarity, and 
consistency of the process, and enhance public trust in this important 
function.
    We welcome comments on the draft guidance and specifically seek 
comment on (1) whether the draft approach, due to its stringency, could 
unduly restrict eligibility of needed experts for advisory committee 
meetings, (2) whether the $50,000 figure generally employed as the 
maximum amount for disqualifying financial interests, after applying 
certain exemptions, is appropriate or, alternatively, whether a 
different figure (higher or lower) should be used, and (3) whether and 
what additional examples should be provided for the steps described in 
this draft guidance for determining conflicts of interest and 
eligibility for participating in an advisory committee meeting.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance 
represents the agency's current thinking on procedures for considering 
conflict of interest and eligibility for participation in FDA advisory 
committees. It does not create or confer any rights for or on any 
person and does not operate to bind FDA or the public. An alternative 
approach may be used if such approach satisfies the requirements of the 
applicable statutes and regulations.

II. Comments

    Interested persons may submit to the Division of Dockets Management 
(see ADDRESSES) written or electronic comments regarding this document. 
Submit a single copy of electronic comments or two paper copies of any 
mailed comments, except that individuals may submit one paper copy. 
Comments are to be identified with the docket number found in brackets 
in the heading of this document. Received comments may be seen in the 
Division of Dockets Management between 9 a.m. and 4 p.m., Monday 
through Friday.

III. Electronic Access

    Persons with access to the Internet may obtain the document at: 
https://www.fda.gov/opacom/morechoices/industry/guidedc.htm

    Dated: March 20, 2007.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 07-1459 Filed 3-21-07; 1:43 pm]
BILLING CODE 4160-01-S
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