National Institute of General Medical Sciences; Notice of Closed Meeting, 72902 [2013-29020]
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72902
Federal Register / Vol. 78, No. 233 / Wednesday, December 4, 2013 / Notices
satisfied for drug products compounded
by a licensed pharmacist or licensed
physician to be exempt from the
following three sections of the FD&C
Act: (1) Section 501(a)(2)(B) (21 U.S.C.
351(a)(2)(B)) (concerning current good
manufacturing practice); (2) section
502(f)(1) (21 U.S.C. 352(f)(1))
(concerning the labeling of drugs with
adequate directions for use); and (3)
section 505 (21 U.S.C. 355) (concerning
the approval of drugs under new drug
applications or abbreviated new drug
applications). All other applicable
provisions of the FD&C Act remain in
effect for compounded drugs, however,
even if the conditions in section 503A
are met.
The conditions of section 503A of the
FD&C Act included restrictions on the
advertising or promotion of the
compounding of any particular drug,
class of drug, or type of drug, and the
solicitation of prescriptions for
compounded drugs. These provisions
were challenged in court and struck
down as unconstitutional by the U.S.
Supreme Court in 2002.1 Now that
section 503A has been amended by the
Drug Quality and Security Act to
remove the unconstitutional advertising,
promotion, and solicitation provisions,
it is necessary to explain FDA’s current
thinking with regard to section 503A.
Several provisions of section 503A
require rulemaking and consultation
with a Pharmacy Compounding
Advisory Committee to implement. In
the draft guidance, we explain how
those provisions will be applied
pending those consultations and
rulemaking.
Among other things, the draft
guidance restates the provisions in
section 503A that remain in effect,
describes FDA’s interim policies with
respect to specific provisions in section
503A that require implementing
regulations or other actions, and
contains a non-exhaustive list of
potential enforcement actions against
individuals or firms that compound
human drug products.
FDA is issuing the draft guidance as
level 1 draft guidance consistent with
FDA’s good guidance practices
regulation (21 CFR 10.115). The draft
guidance, when finalized, will represent
FDA’s current thinking regarding
section 503A of the FD&C Act and
human drug compounding. 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
1 See Thompson v. Western States Med. Ctr., 535
U.S. 357 (2002).
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satisfies the requirements of the
applicable statutes and regulations.
II. Withdrawal of 1998 Guidance and
2002 CPG
In a notice published in the Federal
Register of November 23, 1998 (63 FR
64723), FDA announced the availability
of a guidance entitled ‘‘Enforcement
Policy During Implementation of
Section 503A of the Federal Food, Drug,
and Cosmetic Act,’’ which is now being
withdrawn. In a notice published in the
Federal Register of June 7, 2002 (67 FR
39409), FDA announced the availability
of CPG Section 460.200 of the
Compliance Program Guidance Manual
entitled ‘‘Pharmacy Compounding,’’
which is also now being withdrawn.
These two documents are being
withdrawn because they are no longer
consistent with FDA’s current thinking
on the issues they address.
III. Request for Comments
Interested persons may submit either
electronic comments regarding the draft
guidance to https://www.regulations.gov
or written comments to the Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, rm. 1061, Rockville, MD 20852, or
by FAX: 301–827–6870. It is only
necessary to send one set of comments.
Identify comments with the docket
number found in the 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, and
will be posted to the docket at https://
www.regulations.gov.
IV. Electronic Access
Persons with access to the Internet
may obtain the document at either
https://www.fda.gov/Drugs/
GuidanceCompliance
RegulatoryInformation/Guidances/
default.htm
Dated: November 27, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–28963 Filed 12–2–13; 11:15 am]
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of General Medical
Sciences; Notice of Closed Meeting
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meeting.
PO 00000
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The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
General Medical Sciences Special Emphasis
Panel; Collaborations for Macromolecular
Interactions in Cells (R01).
Date: December 6, 2013.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: The Serrano Hotel, 405 Taylor
Street, San Francisco, CA 94102.
Contact Person: Margaret J. Weidman,
Ph.D., Scientific Review Officer, Office of
Scientific Review, National Institute of
General Medical Sciences, National Institutes
of Health, 45 Center Drive, Room 3An.18B,
Bethesda, MD 20892–4874, 301–594–3663,
weidmanma@nigms.nih.gov.
This notice is being published less than 15
days prior to the meeting due to the timing
limitations imposed by the review and
funding cycle.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.375, Minority Biomedical
Research Support; 93.821, Cell Biology and
Biophysics Research; 93.859, Pharmacology,
Physiology, and Biological Chemistry
Research; 93.862, Genetics and
Developmental Biology Research; 93.88,
Minority Access to Research Careers; 93.96,
Special Minority Initiatives, National
Institutes of Health, HHS)
Dated: November 29, 2013.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2013–29020 Filed 12–3–13; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Center For Scientific Review; Notice of
Closed Meetings
Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
E:\FR\FM\04DEN1.SGM
04DEN1
Agencies
[Federal Register Volume 78, Number 233 (Wednesday, December 4, 2013)]
[Notices]
[Page 72902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29020]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
National Institute of General Medical Sciences; Notice of Closed
Meeting
Pursuant to section 10(d) of the Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is hereby given of the following
meeting.
The meeting will be closed to the public in accordance with the
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5
U.S.C., as amended. The grant applications and the discussions could
disclose confidential trade secrets or commercial property such as
patentable material, and personal information concerning individuals
associated with the grant applications, the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
Name of Committee: National Institute of General Medical
Sciences Special Emphasis Panel; Collaborations for Macromolecular
Interactions in Cells (R01).
Date: December 6, 2013.
Time: 8:00 a.m. to 5:00 p.m.
Agenda: To review and evaluate grant applications.
Place: The Serrano Hotel, 405 Taylor Street, San Francisco, CA
94102.
Contact Person: Margaret J. Weidman, Ph.D., Scientific Review
Officer, Office of Scientific Review, National Institute of General
Medical Sciences, National Institutes of Health, 45 Center Drive,
Room 3An.18B, Bethesda, MD 20892-4874, 301-594-3663,
weidmanma@nigms.nih.gov.
This notice is being published less than 15 days prior to the
meeting due to the timing limitations imposed by the review and
funding cycle.
(Catalogue of Federal Domestic Assistance Program Nos. 93.375,
Minority Biomedical Research Support; 93.821, Cell Biology and
Biophysics Research; 93.859, Pharmacology, Physiology, and
Biological Chemistry Research; 93.862, Genetics and Developmental
Biology Research; 93.88, Minority Access to Research Careers; 93.96,
Special Minority Initiatives, National Institutes of Health, HHS)
Dated: November 29, 2013.
Melanie J. Gray,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2013-29020 Filed 12-3-13; 8:45 am]
BILLING CODE 4140-01-P