Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; MedWatch: The Food and Drug Administration Medical Products Reporting Program, 46166-46170 [2018-19742]
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46166
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices
312.32, 312.38, 312.55, and 312.56 have
been approved under OMB control
number 0910–0014; 21 CFR 314.50 has
been approved under OMB control
number 0910–0001; and 21 CFR 812.35
and 812.150 have been approved under
OMB control number 0910–0078.
In the Federal Register of May 31,
2018 (83 FR 25015), FDA published a
60-day notice requesting public
comment on the proposed collection of
information. No comments were
received.
We estimate the burden of the
information collection as follows:
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
Section of guidance/reporting activity
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average burden
per response
Total hours
5. Sponsor reporting to FDA on DMC recommendations related to safety.
37
1
37
0.50 (30 minutes) ..
18.5
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
Number of
recordkeepers
Section of guidance/recordkeeping activity
Number of
records per
recordkeeper
Total annual
responses
Average
burden per
recordkeeping
Total hours
4.1. and 6.4 SOPs for DMCs .......................................
4.4.3.2. DMC meeting records .....................................
37
370
1
1
37
370
8
2
296
740
Total ......................................................................
........................
........................
........................
................................
1,036
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
4.4.1.2. Sponsor notification to the DMC regarding
waivers.
4.4.3.2. DMC reports of meeting minutes to the sponsor.
Total ......................................................................
1 There
Dated: September 6, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–19799 Filed 9–11–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2014–N–1960]
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Total annual
disclosures
Average burden
per disclosure
Total hours
1
1
1
0.25 (15 minutes) ...
0.25
370
2
740
1 .............................
740
........................
........................
........................
................................
740.25
are no capital costs or operating and maintenance costs associated with this collection of information.
Based on a review of the information
collection since our last request for
OMB approval, we have made no
adjustments to our burden estimate.
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; MedWatch: The
Food and Drug Administration Medical
Products Reporting Program
AGENCY:
Number of
disclosures
per
respondent
Number of
respondents
Section of guidance/disclosure activity
Food and Drug Administration,
HHS.
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ACTION:
Notice.
FOR FURTHER INFORMATION CONTACT:
The Food and Drug
Administration (FDA) is announcing
that a proposed collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the
collection of information by October 12,
2018.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, Fax: 202–
395–7285, or emailed to oira_
submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–0291 and
title ‘‘MedWatch: The Food and Drug
Administration Medical Products
Reporting Program.’’ Also include the
FDA docket number found in brackets
in the heading of this document.
SUMMARY:
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Domini Bean, Office of Operations,
Food and Drug Administration, Three
White Flint North, 10A–12M, 11601
Landsdown St., North Bethesda, MD
20852, 301–796–5733, PRAStaff@
fda.hhs.gov.
In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
SUPPLEMENTARY INFORMATION:
MedWatch: The FDA Medical Products
Reporting Program
OMB Control Number 0910–0291—
Revision
This information collection supports
FDA’s MedWatch safety information
and adverse event reporting program.
Members of the public use FDA’s
MedWatch system to report adverse
events, product problems, errors with
the use of a human medical product, or
when evidence of therapeutic failure is
suspected or identified in clinical use.
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To ensure the marketing of safe and
effective products, it is critical that
postmarketing adverse outcomes and
product problems are reported for all
FDA-regulated human healthcare
products, including drugs (prescription
and nonprescription), biologics, medical
devices, dietary supplements, and other
special nutritional products (e.g. infant
formula and medical foods), and
cosmetics. To facilitate reporting on
human medical products (except
vaccines) during their postapproval and
marketed lifetimes, we have developed
three forms (collectively known as the
MedWatch forms). Form FDA 3500 is
intended to be used for voluntary (i.e.,
not mandated by law or regulation)
reporting by healthcare professionals;
Form FDA 3500A is used for mandatory
reporting (i.e., required by law or
regulation); and Form FDA 3500B is
written in plain language and is
intended to be used for voluntary
reporting (i.e., not mandated by law or
regulation) by consumers (i.e., patients
and their caregivers). Information
collected by the forms is used to assess
and evaluate risks associated with FDAregulated products, enabling us to take
appropriate action to reduce, mitigate,
or eliminate the public’s exposure to the
risk through regulatory and public
health interventions.
I. Background
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A. Authorizing Statutes and Codified
Regulations
The Federal Food, Drug, and Cosmetic
Act (FD&C Act) (21 U.S.C. 353b, 355,
360i, 360l, and 393) and the Public
Health Service Act (42 U.S.C. 262)
require FDA to collect mandatory
adverse event reports from regulated
industry on medical products once they
have been approved for marketing,
enabling the Agency to monitor the
safety of drugs, biologics, medical
devices, and dietary supplements.
Postmarket reporting for medical foods,
infant formula, cosmetics, and tobacco
products is done voluntarily.
Requirements regarding mandatory
reporting of adverse events or product
problems are codified at parts 310, 314,
600, and 803 (21 CFR parts 310, 314,
600, and 803), specifically §§ 310.305,
314.80, 314.98, 600.80, 803.30, 803.50,
803.53, 803.56, and specified in sections
503B, 760, and 761 of the FD&C Act (21
U.S.C. 353b, 379aa, and 379aa–1).
Mandatory reporting of adverse
reactions for human cells, tissues, and
cellular- and tissue-based products
(HCT/Ps) is codified at § 1271.350 (21
CFR 1271.350).
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B. Voluntary Reporting: Form FDA 3500
Voluntary reporting of adverse events
is completed using Form FDA 3500 and
may be used by healthcare professionals
to submit all reports not mandated by
Federal law or regulation. Individual
health professionals are not required by
law or regulation to submit reports to
the Agency or the manufacturer with the
exception of Childhood Vaccine Injury
Act of 1986 (42 U.S.C. 300aa–1). Reports
for vaccines are not submitted via
MedWatch or MedWatch forms, but are
submitted to the Vaccines Adverse
Event Reporting System, which is
jointly administered by FDA and the
Centers for Disease Control and
Prevention and approved under OMB
control number 0910–0308.
Hospitals are not required by Federal
law or regulation to submit reports
associated with drug products,
biological products, or special
nutritional products. However, hospitals
and other user facilities are required by
Federal law to report medical devicerelated deaths and serious injuries.
Under Federal law and regulation,
section 761(b)(1) of the FD&C Act, a
dietary supplement manufacturer,
packer, or distributor whose name
appears on the label of a dietary
supplement marketed in the United
States is required to submit to FDA any
serious adverse event report it receives
regarding use of the dietary supplement
in the United States. However, FDA
bears the burden to gather and review
evidence that a dietary supplement may
be adulterated under section 402 of the
FD&C Act (21 U.S.C. 342) after that
product is marketed. Therefore, the
Agency depends on the voluntary
reporting by health professionals, and
especially by consumers, of suspected
serious adverse events and product
quality problems associated with the
use of dietary supplements. All dietary
supplement reports were previously
received by the Agency on paper
versions of Form FDA 3500 (or Form
FDA 3500B) (by mail or Fax). Currently,
electronic reports may be sent to the
Agency via an online submission route
called the Safety Reporting Portal
(https://www.safetyreporting.hhs.gov/
approved under OMB control number
0910–0645). In that case, Form FDA
3500 (or Form FDA 3500B) is not used.
Form FDA 3500 may be used to report
to the Agency serious adverse events,
product problems, and product use
errors and therapeutic failures. The form
is provided in both paper and electronic
formats. Reporters may mail or Fax
paper forms to the Agency (a fillable
PDF version of the form is available at
https://www.fda.gov/downloads/
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AboutFDA/ReportsManualsForms/
Forms/UCM163919.pdf) or reporters
may electronically submit a report via
the MedWatch Online Voluntary
Reporting Form (https://
www.accessdata.fda.gov/scripts/
medwatch/). Reporting is supported for
drugs, non-vaccine biologicals, medical
devices, special nutritional products,
cosmetics, and non-prescription (overthe-counter (OTC)) human drug
products marketed without an approved
application. The paper form may also be
used to submit reports about tobacco
products and dietary supplements.
Electronic reports for tobacco products
and dietary supplements may be
submitted to the Agency via an online
submission route called the Safety
Reporting Portal (https://
www.safetyreporting.hhs.gov/).
C. Mandatory Reporting: Form FDA
3500A
1. Drug and Biological Products
In sections 505(b) and (j), 503B, and
704 (21 U.S.C. 355(b) and (j), 353B, and
374) of the FD&C Act, Congress has
required that important safety
information relating to all human drug
products be made available to FDA so
that it can take appropriate action to
protect the public health when
necessary. Section 702 of the FD&C Act
(21 U.S.C. 372) authorizes
investigational powers to FDA for
enforcement of the FD&C Act. These
statutory requirements regarding
mandatory reporting have been codified
by FDA under parts 310 and 314 (drugs)
and 600 (biological products).
Mandatory reporting of adverse
reactions for HCT/Ps has been codified
in § 1271.350.
2. OTC Monograph Drug Products and
Dietary Supplements
Section 760 of the FD&C Act provides
for mandatory safety reporting for nonprescription human drug products
marketed without an approved
application as described in the Dietary
Supplement and Nonprescription Drug
Consumer Protection Act (Pub. L. 109–
462), which became law on December
22, 2006. The law requires
manufacturers, packers, and distributors
of nonprescription, OTC human drug
products marketed without an approved
application (OTC monograph drug
products) to submit reports of adverse
experiences from domestic sources. The
law also requires reports of serious
adverse events to be submitted to FDA
by manufacturers of dietary
supplements.
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3. Postmarketing Safety Reports—
Changes in Format Starting in June 2018
Current requirements specify that
postmarketing adverse experience
reports must be submitted on paper on
Form FDA 3500A (or the CIOMS)
(Council for International Organizations
of Medical Sciences) I form for serious,
unexpected adverse experiences from a
foreign source). For the last several
years the Agency has accepted
electronic submissions in lieu of the
paper Form FDA 3500A on the
condition they are submitted in a
manner that the Agency can process,
review, and archive. On June 10, 2014,
the Agency issued a final rule entitled
‘‘Postmarketing Safety Reports for
Human Drug and Biological Products;
Electronic Submission Requirements’’
(79 FR 33072) that requires electronic
submission of all mandatory
postmarketing safety reports, including
individual case safety reports. Entities
with mandatory reporting obligations
under parts 310 and 314 (drugs) and 600
(biological products) and specified
under section 760 of the FD&C Act must
implement this rule within 1 year of the
issuance date (by June 10, 2015). For
more information see: https://
www.gpo.gov/fdsys/pkg/FR-2014-06-10/
pdf/2014-13480.pdf.
4. Medical Device Products
Section 519 of the FD&C Act (21
U.S.C. 360i) requires manufacturers and
importers of devices intended for
human use to establish and maintain
records, make reports, and provide
information, as the Secretary of Health
and Human Services may, by regulation,
reasonably be required to provide
assurance that such devices are not
adulterated or misbranded and to
otherwise assure its safety and
effectiveness. The Safe Medical Devices
Act of 1990 (Pub. L. 101–629), signed
into law on November 28, 1990, amends
section 519 of the FD&C Act. The
amendment requires that user facilities
such as hospitals, nursing homes,
ambulatory surgical facilities, and
outpatient treatment facilities report
deaths related to medical devices to
FDA and to the manufacturer, if known.
Serious illnesses and injuries are to be
reported to the manufacturer or to FDA
if the manufacturer is not known. These
statutory requirements regarding
mandatory reporting have been codified
by FDA under part 803. Part 803
mandates the use of Form FDA 3500A
for reporting to FDA on medical
devices. The Medical Device User Fee
and Modernization Act of 2002
(MDUFMA) (Pub. L. 107–250), signed
into law October 26, 2002, amended
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section 519 of the FD&C Act. The
MDUFMA amendment (section 303)
required FDA to revise the MedWatch
forms to facilitate the reporting of
information relating to reprocessed
single-use devices, including the name
of the reprocessor and whether the
device has been reused.
D. Voluntary Reporting by Consumers:
Form FDA 3500B
Form FDA 3500B was developed for
voluntary reporting by consumers (i.e.
patients and their caregivers) to submit
reports not mandated by Federal law or
regulation. Individual patients or their
caregivers are not required by law or
regulation to submit reports to the
Agency or the manufacturer.
FDA supports and encourages direct
reporting to the Agency by consumers
and healthcare professionals of
suspected serious adverse outcomes and
other product problems associated with
human medical products, (https://
www.fda.gov/Safety/ReportaProblem/
default.htm). FDA has further
encouraged voluntary reporting by
requiring inclusion of the MedWatch
toll-free phone number or the
MedWatch internet address on all
outpatient drug prescriptions dispensed,
as mandated by section 17 of the Best
Pharmaceuticals for Children Act (Pub.
L. 107–109).
On March 25, 2008, section 906 of the
Food and Drug Administration
Amendments Act of 2007 (Pub. L. 110–
85) amended section 502(n) of the FD&C
Act (21 U.S.C. 352(n)) and mandated
that published direct-to-consumer
advertisements for prescription drugs
include the following statement printed
in conspicuous text (this includes
vaccine products): ‘‘You are encouraged
to report negative side effects of
prescription drugs to the FDA. Visit
https://www.fda.gov/safety/medwatch,
or call 1–800–FDA–1088.’’
Most private vendors of consumer
medication information, the drug
product-specific instructions dispensed
to consumers at outpatient pharmacies,
remind patients to report ‘‘side effects’’
to FDA and provide contact information
to permit reporting via the MedWatch
process. For this reporting FDA has
created Form FDA 3500B, a modified
version of Form FDA 3500 tailored for
consumers and written in plain
language (in conformance with the Plain
Writing Act of 2010 (Pub. L. 111–274),
https://www.gpo.gov/fdsys/pkg/PLAW111publ274/pdf/PLAW111publ274.pdf).
Form FDA 3500B evolved from
several iterations of draft versions, with
input from human factors experts, from
other regulatory agencies, and with
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extensive input from consumer
advocacy groups and the general public.
Form FDA 3500B may be used to report
to the Agency adverse events, product
problems, and product use errors. The
form is provided in both paper and
electronic formats. Reporters may mail
or Fax paper forms to the Agency (a
fillable PDF version of the form is
available at https://www.fda.gov/
downloads/AboutFDA/
ReportsManualsForms/Forms/
UCM349464.pdf) or electronically
submit a report via the MedWatch
Online Voluntary Reporting Form
(https://www.accessdata.fda.gov/
scripts/medwatch/, approved under
OMB control number 0910–0645).
Reporting is supported for drugs, nonvaccine biologicals, medical devices,
special nutritional products, cosmetics,
and non-prescription OTC human drug
products marketed without an approved
application. The paper form may also be
used to submit reports about tobacco
products and dietary supplements.
Electronic reports for tobacco products
and dietary supplements may be
submitted to the Agency via an online
submission route called the Safety
Reporting Portal (https://
www.safetyreporting.hhs.gov/, approved
under OMB control number 0910–0645).
II. Proposed Modification to Existing
Forms FDA 3500, 3500A, and 3500B
A. General Changes
The proposed modifications to Form
FDA 3500 and Form FDA 3500A reflect
changes that will bring the form into
conformity, since the previous OMB
authorization in 2015, with current
regulations, rules, and guidances and
fall into three categories: (1) Regulatory
driven revisions, (2) work
improvements for the Center, and (3)
report processing improvements. We
also welcome comments about
translation of Form FDA 3500B
(consumer) into Spanish and other
languages. Lastly, formatting
modifications are being proposed to
several fields to enhance the quality,
utility, and clarity of the information.
B. Changes Proposed for Form FDA
3500
In section A, we are revising the
heading of A3 to ‘‘Current Gender’’
followed by check boxes next to the
following options ‘‘Female’’, ‘‘Male’’,
‘‘Intersex’’, ‘‘Transgender’’, ‘‘Prefer not
to disclose.’’
In section B, we are revising B1 to
‘‘Type of Report (check all that apply)’’.
In section B2, we are removing
‘‘(Devices)’’ from the last option. We are
also splitting section B6 into two
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questions: ‘‘B6.a. Relevant Test (please
included dates)’’ and ‘‘B6.b. Relevant
Laboratory Data (please included
dates).’’
In section C, we are adding question
C2 ‘‘Do you have a picture of the
product?’’
In section D1, we are adding the
question ‘‘Does this report involve
cosmetics, dietary supplements or
food?’’ followed by a checkbox for
‘‘Yes.’’ In section D4, we are adding the
question ‘‘Is therapy still on-going?’’
This question is important for
pharmacovigilance and the current form
does not allow the reporter to be
specific. The current form does not
allow the reporter to be specific. It is
proposed to combine boxes D6 and D7
and change the title to ‘‘Product Type’’
(check all that apply).
In section E, we are adding question
E9 ‘‘Was this device serviced by a thirdparty servicer?’’ followed by a checkbox
for ‘‘Yes’’ and a checkbox for ‘‘No.’’
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C. Changes Proposed for Form FDA
3500A
In section A, we are revising the
heading of A3 to ‘‘Current Gender’’
followed by check boxes next to the
options ‘‘Female’’, ‘‘Male’’, ‘‘Intersex’’,
‘‘Transgender’’, ‘‘Prefer not to disclose’’.
In section B, we are revising the
heading for BI to now read ‘‘Type of
Report (check all that apply)’’. In section
B2, we are removing ‘‘(Devices)’’ from
the last option. Section B6 is being split
into two questions: ‘‘B6.a. Relevant Test
(please include dates)’’ and ‘‘B6.b.
Relevant Laboratory Data (please
include dates),’’
In section C, we are combining boxes
C6 and C7 and changing the title to
‘‘Product Type’’ (check all that apply).
In section D, we are adding a new
question ‘‘Was this device serviced by a
third party?’’ followed by a checkbox for
‘‘Yes’’ and a checkbox for ‘‘No.’’
In section F, we are changing the
revising the heading of F10 to ‘‘Adverse
Event Problem’’ and splitting the
‘‘Patient Code’’ box into two fields
entitled ‘‘Patient Outcome Code’’ and
‘‘Patient Severity Code.’’ We are also
splitting the ‘‘Device Code’’ field into
two fields entitled ‘‘Device Code’’ and
‘‘Component Code.’’
In section G, question G1 will now
include ‘‘or Compounding Outsourcing
Facility’’ after (and Manufacturing Site
for Devices.)’’ In section G5, we are
adding two new options entitled
‘‘PreANDA’’ and ‘‘Compounded
Product’’ followed by a check box for
‘‘Yes,’’ and making consistent changes
within section G6 by replacing ‘‘If IND,’’
to ‘‘Give Protocol #.’’
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In section H1, we are adding a check
box to indicate whether a summary
report is included followed by a field in
which to indicate ‘‘Number of Events
Summarized’’ and an open field in
which to add text. We are renaming
section H6 to ‘‘Adverse Event Problem’’
and splitting ‘‘Patient Code’’ into two
fields entitled ‘‘Patient Outcome Code’’
and ‘‘Patient Severity Code.’’ We are
also splitting ‘‘Device Code’’ into two
fields entitled ‘‘Device Code’’ and
‘‘Component Code.’’ In section H6, we
are renaming the headings as follows:
(1) ‘‘Method’’ to ‘‘Type of Investigation’’
(2) ‘‘Results’’ to ‘‘Investigation
Findings’’ and (3) ‘‘Conclusions’’ to
‘‘Investigation Conclusion.’’ Finally,
H10 is becoming a field entitled
‘‘Additional Manufacturer Narrative,’’
and we are adding field H11 entitled
‘‘Corrected Data.’’
D. Changes Proposed for Form FDA
3500B
On page 1, we are removing the text
‘‘nutrition products, such as vitamins
and minerals, herbal remedies, infant
formulas, and medical foods.’’ We are
also going to number each of the
questions included.
In section A, for the question ‘‘Did
any of the following happen?’’ we are
removing ‘‘Devices)’’ from the last
option. We are also revising the
question ‘‘List any relevant tests or
laboratory data if you know them.
(Include dates)’’ as two separate
questions: ‘‘List any relevant tests
(Include dates)’’; and ‘‘List any relevant
laboratory data (Include dates)’’ with
corresponding date fields for ‘‘relevant
tests’’ and ‘‘laboratory data.’’
In section B, we are asking whether
respondents have a picture of the
product. Also in section B, we are
adding the questions ‘‘Does this report
involve cosmetics, dietary supplements,
or food?’’ and ‘‘Is therapy still ongoing?’’ These questions pertain to
pharmacovigilance and the current form
does not allow for such specificity. We
are also adding the question, ‘‘Was the
product compounded by a pharmacy or
an outsourcing facility?’’ Following the
question, ‘‘Is the Product
Compounded?’’ we are adding a check
box for ‘‘Yes’’ and a checkbox for ‘‘No.’’
We are also adding checkboxes within
the field ‘‘Product Type (check all that
apply)’’ to correspond with selections
for ‘‘Over-the-Counter, Generic and
Biosimilar.’’ Finally, we are revising
‘‘Name of the . . .’’ to ‘‘Name(s) of
the . . .’’ for clarity.
In section C, we are separating ‘‘Other
identifying information’’ into two fields;
hoping this improves reporting. New
fields will be entitled (1) ‘‘Model
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46169
number’’ (2) ‘‘Catalog number’’ (3) ‘‘Lot
number’’ (4) Serial number’’ (5) ‘‘UDI
Number and (6) ‘‘Expiration Date.’’
In section D we are changing the
terminology from ‘‘Sex’’ to ‘‘Current
Gender’’ followed by corresponding
check boxes next to the options
‘‘Female’’, ‘‘Male’’, ‘‘Intersex’’,
‘‘Transgender’’, ‘‘Prefer not to disclose’’.
In section E, we are revising the
question ‘‘If you do NOT want your
identity disclosed to the manufacturer,
place an ‘X’ in this box:’’ to read ‘‘If you
do NOT want your identity disclosed to
the manufacturer/compounder, place an
‘X’ in this box:’’
III. Public Comment
In the Federal Register of March 16,
2018 (83 FR 11756), we published a 60day notice requesting public comment
on the proposed collection of
information. A number of comments
were received and are discussed in the
following paragraphs.
General comments included
suggestions that the MedWatch program
be better advertised to physicians and
other medical healthcare professionals
as well as patients. Also, that the forms
use terminology more familiar to
healthcare providers and consumers.
For example, using ‘Medication error’ or
‘Medication error/product use error’
instead of ‘Product use error’ to ensure
respondents are aware that MedWatch
forms can be used to report medication
errors. Other comments suggested
revisions that might improve or
otherwise clarify instructions. Finally,
some comments pertained to the
advantages of electronic reporting.
More specific comments included a
suggestion to add a question to section
A of Form FDA 3500 related to
pregnancy. While we agree that
documenting pregnancy status is
important, we do not plan on adding an
additional checkbox for pregnancy at
this time. Previously (in 2005), we
proposed adding checkboxes for both
‘‘Product Used During Pregnancy’’ and
‘‘Product Used During Breast Feeding.’’
However we received comments
expressing concern that these new data
fields introduced divergence from
International Council on Harmonisation
standards and appeared to duplicate
information usually provided in the
narrative section and in coded adverse
event terms. At the same time, we ask
readers to note that pregnancy status
can be captured in field B7 under ‘‘other
relevant history.’’
Another comment suggested adding
‘‘Physician Assistant’’ to the drop down
‘‘Occupation’’ menu in section G of
Form FDA 3500. We appreciate this
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suggestion and will implement the
revision.
We also received comment that some
users have experienced ‘‘timing out’’
while completing Form FDA 3500B
online and requested that any time limit
for completing online forms be
extended. We were not aware of this
issue and will investigate to see whether
it relates to the online functionality of
the form. If so, we will make the
necessary adjustments.
While we are especially appreciative
of the comments received in response to
our notice, we continue to welcome
feedback at all times regarding ways we
might improve the MedWatch Program
and the associated forms. In addition to
the revisions discussed previously, on
our own initiative we are now including
burden associated with written
submissions under § 329.100(c)(2) (21
CFR 329.100(c)(2)) that request a
temporary waiver from the electronic
reporting requirements associated with
postmarket adverse drug events under
section 760 of the FD&C Act. While we
expect few such waiver requests, we
retain a placeholder for one respondent
annually, and we estimate it takes 1
hour to complete the request.
We therefore estimate the burden for
the information collection as follows.
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
FDA center or 21 CFR section and/or FDA form
Number of
respondents
Center for Biologics Evaluation and Research/Center
for Drug Evaluation and Research:
Form 3500 ............................................................
Form 3500A (§§ 310.305, 314.80, 314.98,
600.80, and 1271.350).
Form 3500A (§ 310.305 outsourcing facilities) .....
Center for Devices and Radiological Health:
Form 3500 ............................................................
Form 3500A (part 803) .........................................
Center for Food Safety and Applied Nutrition:
Form 3500 ............................................................
Form 3500A ..........................................................
Center for Tobacco Products:
Form 3500 ............................................................
All Centers:
Form 3500B ..........................................................
Written requests for temporary waiver under
§ 329.100(c)(2):
Total ......................................................................
1 There
Dated: September 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–19742 Filed 9–11–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2018–N–3010]
daltland on DSKBBV9HB2PROD with NOTICES
Average
burden per
response
Total annual
responses
Total hours
14,727
599
1
98
14,727
58,702
0.66 (40 minutes) ..
1.21 ........................
9,720
71,029
50
2
100
1.21 ........................
121
5,233
2,277
1
296
5,233
673,992
0.66 (40 minutes) ...
1.21 ........................
3,454
815,530
1,793
1,659
1
1
1,793
1,659
0.66 (40 minutes) ...
1.21 ........................
1,183
2,007
39
1
39
0.66 (40 minutes) ...
26
13,750
1
1
1
13, 750
1
0.46 (28 minutes) ..
1 .............................
6,325
1
........................
........................
........................
................................
909,396
are no capital costs or operating and maintenance costs associated with this collection of information.
While we retain the currently
approved estimate for the information
collection, as noted previously we have
added burden associated with written
submissions under § 329.100.
Evidence-Based Treatment Decision in
Transplantation: Patient Individualized
Treatment; Choosing the Right
Regimen for the Right Patient; Public
Workshop; Request for Comments
AGENCY:
Number of
responses per
respondent
Food and Drug Administration,
HHS.
Notice of public workshop;
request for comments.
ACTION:
VerDate Sep<11>2014
18:41 Sep 11, 2018
Jkt 244001
The Food and Drug
Administration (FDA, the Agency, or
we) is announcing the following public
workshop entitled ‘‘Evidence-Based
Treatment Decision in Transplantation:
Patient Individualized Treatment;
Choosing the Right Regimen for the
Right Patient.’’ This public workshop is
intended to discuss potential candidate
biomarkers to determine organ
transplant patients’ immunologic risk
for organ rejection or tolerance. The
public workshop will include
discussion of the biomarker
qualification process and how it could
be used to develop biomarkers for use
in clinical trials in transplantation, to
develop new drugs to address unmet
needs, and in clinical practice to guide
patient treatment selection. Speakers
will be patients who will provide
perspective on the challenges of living
with a transplant, managing
immunosuppression and perspectives
on tolerability, adherence, and risk that
may inform patient-reported outcome
(PRO) and patient-focused drug
development.
SUMMARY:
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
The public workshop will be
held on September 27, 2018, from 8:30
a.m. to 6 p.m. and September 28, 2018,
from 8 a.m. to 12:30 p.m. Submit either
electronic or written comments on this
public workshop by November 19, 2018.
See the SUPPLEMENTARY INFORMATION
section for registration date and
information.
ADDRESSES: The public workshop will
be held at the FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm.
1503, sections B and C), Silver Spring,
MD 20993. Entrance for the public
workshop participants (non-FDA
employees) is through Building 1 where
routine security check procedures will
be performed. For parking and security
information, please refer to https://
www.fda.gov/AboutFDA/
WorkingatFDA/BuildingsandFacilities/
WhiteOakCampusInformation/
ucm241740.htm.
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 November 19, 2018. The
DATES:
E:\FR\FM\12SEN1.SGM
12SEN1
Agencies
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46166-46170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19742]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2014-N-1960]
Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; MedWatch: The Food
and Drug Administration Medical Products Reporting Program
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.
DATES: Fax written comments on the collection of information by October
12, 2018.
ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax: 202-395-7285, or emailed to [email protected]. All
comments should be identified with the OMB control number 0910-0291 and
title ``MedWatch: The Food and Drug Administration Medical Products
Reporting Program.'' Also include the FDA docket number found in
brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852, 301-796-5733,
[email protected].
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
MedWatch: The FDA Medical Products Reporting Program
OMB Control Number 0910-0291--Revision
This information collection supports FDA's MedWatch safety
information and adverse event reporting program. Members of the public
use FDA's MedWatch system to report adverse events, product problems,
errors with the use of a human medical product, or when evidence of
therapeutic failure is suspected or identified in clinical use.
[[Page 46167]]
To ensure the marketing of safe and effective products, it is critical
that postmarketing adverse outcomes and product problems are reported
for all FDA-regulated human healthcare products, including drugs
(prescription and nonprescription), biologics, medical devices, dietary
supplements, and other special nutritional products (e.g. infant
formula and medical foods), and cosmetics. To facilitate reporting on
human medical products (except vaccines) during their postapproval and
marketed lifetimes, we have developed three forms (collectively known
as the MedWatch forms). Form FDA 3500 is intended to be used for
voluntary (i.e., not mandated by law or regulation) reporting by
healthcare professionals; Form FDA 3500A is used for mandatory
reporting (i.e., required by law or regulation); and Form FDA 3500B is
written in plain language and is intended to be used for voluntary
reporting (i.e., not mandated by law or regulation) by consumers (i.e.,
patients and their caregivers). Information collected by the forms is
used to assess and evaluate risks associated with FDA-regulated
products, enabling us to take appropriate action to reduce, mitigate,
or eliminate the public's exposure to the risk through regulatory and
public health interventions.
I. Background
A. Authorizing Statutes and Codified Regulations
The Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C.
353b, 355, 360i, 360l, and 393) and the Public Health Service Act (42
U.S.C. 262) require FDA to collect mandatory adverse event reports from
regulated industry on medical products once they have been approved for
marketing, enabling the Agency to monitor the safety of drugs,
biologics, medical devices, and dietary supplements. Postmarket
reporting for medical foods, infant formula, cosmetics, and tobacco
products is done voluntarily.
Requirements regarding mandatory reporting of adverse events or
product problems are codified at parts 310, 314, 600, and 803 (21 CFR
parts 310, 314, 600, and 803), specifically Sec. Sec. 310.305, 314.80,
314.98, 600.80, 803.30, 803.50, 803.53, 803.56, and specified in
sections 503B, 760, and 761 of the FD&C Act (21 U.S.C. 353b, 379aa, and
379aa-1). Mandatory reporting of adverse reactions for human cells,
tissues, and cellular- and tissue-based products (HCT/Ps) is codified
at Sec. 1271.350 (21 CFR 1271.350).
B. Voluntary Reporting: Form FDA 3500
Voluntary reporting of adverse events is completed using Form FDA
3500 and may be used by healthcare professionals to submit all reports
not mandated by Federal law or regulation. Individual health
professionals are not required by law or regulation to submit reports
to the Agency or the manufacturer with the exception of Childhood
Vaccine Injury Act of 1986 (42 U.S.C. 300aa-1). Reports for vaccines
are not submitted via MedWatch or MedWatch forms, but are submitted to
the Vaccines Adverse Event Reporting System, which is jointly
administered by FDA and the Centers for Disease Control and Prevention
and approved under OMB control number 0910-0308.
Hospitals are not required by Federal law or regulation to submit
reports associated with drug products, biological products, or special
nutritional products. However, hospitals and other user facilities are
required by Federal law to report medical device-related deaths and
serious injuries. Under Federal law and regulation, section 761(b)(1)
of the FD&C Act, a dietary supplement manufacturer, packer, or
distributor whose name appears on the label of a dietary supplement
marketed in the United States is required to submit to FDA any serious
adverse event report it receives regarding use of the dietary
supplement in the United States. However, FDA bears the burden to
gather and review evidence that a dietary supplement may be adulterated
under section 402 of the FD&C Act (21 U.S.C. 342) after that product is
marketed. Therefore, the Agency depends on the voluntary reporting by
health professionals, and especially by consumers, of suspected serious
adverse events and product quality problems associated with the use of
dietary supplements. All dietary supplement reports were previously
received by the Agency on paper versions of Form FDA 3500 (or Form FDA
3500B) (by mail or Fax). Currently, electronic reports may be sent to
the Agency via an online submission route called the Safety Reporting
Portal (https://www.safetyreporting.hhs.gov/ approved under OMB control
number 0910-0645). In that case, Form FDA 3500 (or Form FDA 3500B) is
not used.
Form FDA 3500 may be used to report to the Agency serious adverse
events, product problems, and product use errors and therapeutic
failures. The form is provided in both paper and electronic formats.
Reporters may mail or Fax paper forms to the Agency (a fillable PDF
version of the form is available at https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM163919.pdf) or reporters may
electronically submit a report via the MedWatch Online Voluntary
Reporting Form (https://www.accessdata.fda.gov/scripts/medwatch/).
Reporting is supported for drugs, non-vaccine biologicals, medical
devices, special nutritional products, cosmetics, and non-prescription
(over-the-counter (OTC)) human drug products marketed without an
approved application. The paper form may also be used to submit reports
about tobacco products and dietary supplements. Electronic reports for
tobacco products and dietary supplements may be submitted to the Agency
via an online submission route called the Safety Reporting Portal
(https://www.safetyreporting.hhs.gov/).
C. Mandatory Reporting: Form FDA 3500A
1. Drug and Biological Products
In sections 505(b) and (j), 503B, and 704 (21 U.S.C. 355(b) and
(j), 353B, and 374) of the FD&C Act, Congress has required that
important safety information relating to all human drug products be
made available to FDA so that it can take appropriate action to protect
the public health when necessary. Section 702 of the FD&C Act (21
U.S.C. 372) authorizes investigational powers to FDA for enforcement of
the FD&C Act. These statutory requirements regarding mandatory
reporting have been codified by FDA under parts 310 and 314 (drugs) and
600 (biological products). Mandatory reporting of adverse reactions for
HCT/Ps has been codified in Sec. 1271.350.
2. OTC Monograph Drug Products and Dietary Supplements
Section 760 of the FD&C Act provides for mandatory safety reporting
for non-prescription human drug products marketed without an approved
application as described in the Dietary Supplement and Nonprescription
Drug Consumer Protection Act (Pub. L. 109-462), which became law on
December 22, 2006. The law requires manufacturers, packers, and
distributors of nonprescription, OTC human drug products marketed
without an approved application (OTC monograph drug products) to submit
reports of adverse experiences from domestic sources. The law also
requires reports of serious adverse events to be submitted to FDA by
manufacturers of dietary supplements.
[[Page 46168]]
3. Postmarketing Safety Reports--Changes in Format Starting in June
2018
Current requirements specify that postmarketing adverse experience
reports must be submitted on paper on Form FDA 3500A (or the CIOMS)
(Council for International Organizations of Medical Sciences) I form
for serious, unexpected adverse experiences from a foreign source). For
the last several years the Agency has accepted electronic submissions
in lieu of the paper Form FDA 3500A on the condition they are submitted
in a manner that the Agency can process, review, and archive. On June
10, 2014, the Agency issued a final rule entitled ``Postmarketing
Safety Reports for Human Drug and Biological Products; Electronic
Submission Requirements'' (79 FR 33072) that requires electronic
submission of all mandatory postmarketing safety reports, including
individual case safety reports. Entities with mandatory reporting
obligations under parts 310 and 314 (drugs) and 600 (biological
products) and specified under section 760 of the FD&C Act must
implement this rule within 1 year of the issuance date (by June 10,
2015). For more information see: https://www.gpo.gov/fdsys/pkg/FR-2014-06-10/pdf/2014-13480.pdf.
4. Medical Device Products
Section 519 of the FD&C Act (21 U.S.C. 360i) requires manufacturers
and importers of devices intended for human use to establish and
maintain records, make reports, and provide information, as the
Secretary of Health and Human Services may, by regulation, reasonably
be required to provide assurance that such devices are not adulterated
or misbranded and to otherwise assure its safety and effectiveness. The
Safe Medical Devices Act of 1990 (Pub. L. 101-629), signed into law on
November 28, 1990, amends section 519 of the FD&C Act. The amendment
requires that user facilities such as hospitals, nursing homes,
ambulatory surgical facilities, and outpatient treatment facilities
report deaths related to medical devices to FDA and to the
manufacturer, if known. Serious illnesses and injuries are to be
reported to the manufacturer or to FDA if the manufacturer is not
known. These statutory requirements regarding mandatory reporting have
been codified by FDA under part 803. Part 803 mandates the use of Form
FDA 3500A for reporting to FDA on medical devices. The Medical Device
User Fee and Modernization Act of 2002 (MDUFMA) (Pub. L. 107-250),
signed into law October 26, 2002, amended section 519 of the FD&C Act.
The MDUFMA amendment (section 303) required FDA to revise the MedWatch
forms to facilitate the reporting of information relating to
reprocessed single-use devices, including the name of the reprocessor
and whether the device has been reused.
D. Voluntary Reporting by Consumers: Form FDA 3500B
Form FDA 3500B was developed for voluntary reporting by consumers
(i.e. patients and their caregivers) to submit reports not mandated by
Federal law or regulation. Individual patients or their caregivers are
not required by law or regulation to submit reports to the Agency or
the manufacturer.
FDA supports and encourages direct reporting to the Agency by
consumers and healthcare professionals of suspected serious adverse
outcomes and other product problems associated with human medical
products, (https://www.fda.gov/Safety/ReportaProblem/default.htm). FDA
has further encouraged voluntary reporting by requiring inclusion of
the MedWatch toll-free phone number or the MedWatch internet address on
all outpatient drug prescriptions dispensed, as mandated by section 17
of the Best Pharmaceuticals for Children Act (Pub. L. 107-109).
On March 25, 2008, section 906 of the Food and Drug Administration
Amendments Act of 2007 (Pub. L. 110-85) amended section 502(n) of the
FD&C Act (21 U.S.C. 352(n)) and mandated that published direct-to-
consumer advertisements for prescription drugs include the following
statement printed in conspicuous text (this includes vaccine products):
``You are encouraged to report negative side effects of prescription
drugs to the FDA. Visit https://www.fda.gov/safety/medwatch, or call 1-
800-FDA-1088.''
Most private vendors of consumer medication information, the drug
product-specific instructions dispensed to consumers at outpatient
pharmacies, remind patients to report ``side effects'' to FDA and
provide contact information to permit reporting via the MedWatch
process. For this reporting FDA has created Form FDA 3500B, a modified
version of Form FDA 3500 tailored for consumers and written in plain
language (in conformance with the Plain Writing Act of 2010 (Pub. L.
111-274), https://www.gpo.gov/fdsys/pkg/PLAW-111publ274/pdf/PLAW-111publ274.pdf).
Form FDA 3500B evolved from several iterations of draft versions,
with input from human factors experts, from other regulatory agencies,
and with extensive input from consumer advocacy groups and the general
public. Form FDA 3500B may be used to report to the Agency adverse
events, product problems, and product use errors. The form is provided
in both paper and electronic formats. Reporters may mail or Fax paper
forms to the Agency (a fillable PDF version of the form is available at
https://www.fda.gov/downloads/AboutFDA/ReportsManualsForms/Forms/UCM349464.pdf) or electronically submit a report via the MedWatch
Online Voluntary Reporting Form (https://www.accessdata.fda.gov/scripts/medwatch/, approved under OMB control number 0910-0645).
Reporting is supported for drugs, non-vaccine biologicals, medical
devices, special nutritional products, cosmetics, and non-prescription
OTC human drug products marketed without an approved application. The
paper form may also be used to submit reports about tobacco products
and dietary supplements. Electronic reports for tobacco products and
dietary supplements may be submitted to the Agency via an online
submission route called the Safety Reporting Portal (https://www.safetyreporting.hhs.gov/, approved under OMB control number 0910-
0645).
II. Proposed Modification to Existing Forms FDA 3500, 3500A, and 3500B
A. General Changes
The proposed modifications to Form FDA 3500 and Form FDA 3500A
reflect changes that will bring the form into conformity, since the
previous OMB authorization in 2015, with current regulations, rules,
and guidances and fall into three categories: (1) Regulatory driven
revisions, (2) work improvements for the Center, and (3) report
processing improvements. We also welcome comments about translation of
Form FDA 3500B (consumer) into Spanish and other languages. Lastly,
formatting modifications are being proposed to several fields to
enhance the quality, utility, and clarity of the information.
B. Changes Proposed for Form FDA 3500
In section A, we are revising the heading of A3 to ``Current
Gender'' followed by check boxes next to the following options
``Female'', ``Male'', ``Intersex'', ``Transgender'', ``Prefer not to
disclose.''
In section B, we are revising B1 to ``Type of Report (check all
that apply)''. In section B2, we are removing ``(Devices)'' from the
last option. We are also splitting section B6 into two
[[Page 46169]]
questions: ``B6.a. Relevant Test (please included dates)'' and ``B6.b.
Relevant Laboratory Data (please included dates).''
In section C, we are adding question C2 ``Do you have a picture of
the product?''
In section D1, we are adding the question ``Does this report
involve cosmetics, dietary supplements or food?'' followed by a
checkbox for ``Yes.'' In section D4, we are adding the question ``Is
therapy still on-going?'' This question is important for
pharmacovigilance and the current form does not allow the reporter to
be specific. The current form does not allow the reporter to be
specific. It is proposed to combine boxes D6 and D7 and change the
title to ``Product Type'' (check all that apply).
In section E, we are adding question E9 ``Was this device serviced
by a third-party servicer?'' followed by a checkbox for ``Yes'' and a
checkbox for ``No.''
C. Changes Proposed for Form FDA 3500A
In section A, we are revising the heading of A3 to ``Current
Gender'' followed by check boxes next to the options ``Female'',
``Male'', ``Intersex'', ``Transgender'', ``Prefer not to disclose''.
In section B, we are revising the heading for BI to now read ``Type
of Report (check all that apply)''. In section B2, we are removing
``(Devices)'' from the last option. Section B6 is being split into two
questions: ``B6.a. Relevant Test (please include dates)'' and ``B6.b.
Relevant Laboratory Data (please include dates),''
In section C, we are combining boxes C6 and C7 and changing the
title to ``Product Type'' (check all that apply).
In section D, we are adding a new question ``Was this device
serviced by a third party?'' followed by a checkbox for ``Yes'' and a
checkbox for ``No.''
In section F, we are changing the revising the heading of F10 to
``Adverse Event Problem'' and splitting the ``Patient Code'' box into
two fields entitled ``Patient Outcome Code'' and ``Patient Severity
Code.'' We are also splitting the ``Device Code'' field into two fields
entitled ``Device Code'' and ``Component Code.''
In section G, question G1 will now include ``or Compounding
Outsourcing Facility'' after (and Manufacturing Site for Devices.)'' In
section G5, we are adding two new options entitled ``PreANDA'' and
``Compounded Product'' followed by a check box for ``Yes,'' and making
consistent changes within section G6 by replacing ``If IND,'' to ``Give
Protocol #.''
In section H1, we are adding a check box to indicate whether a
summary report is included followed by a field in which to indicate
``Number of Events Summarized'' and an open field in which to add text.
We are renaming section H6 to ``Adverse Event Problem'' and splitting
``Patient Code'' into two fields entitled ``Patient Outcome Code'' and
``Patient Severity Code.'' We are also splitting ``Device Code'' into
two fields entitled ``Device Code'' and ``Component Code.'' In section
H6, we are renaming the headings as follows: (1) ``Method'' to ``Type
of Investigation'' (2) ``Results'' to ``Investigation Findings'' and
(3) ``Conclusions'' to ``Investigation Conclusion.'' Finally, H10 is
becoming a field entitled ``Additional Manufacturer Narrative,'' and we
are adding field H11 entitled ``Corrected Data.''
D. Changes Proposed for Form FDA 3500B
On page 1, we are removing the text ``nutrition products, such as
vitamins and minerals, herbal remedies, infant formulas, and medical
foods.'' We are also going to number each of the questions included.
In section A, for the question ``Did any of the following happen?''
we are removing ``Devices)'' from the last option. We are also revising
the question ``List any relevant tests or laboratory data if you know
them. (Include dates)'' as two separate questions: ``List any relevant
tests (Include dates)''; and ``List any relevant laboratory data
(Include dates)'' with corresponding date fields for ``relevant tests''
and ``laboratory data.''
In section B, we are asking whether respondents have a picture of
the product. Also in section B, we are adding the questions ``Does this
report involve cosmetics, dietary supplements, or food?'' and ``Is
therapy still on-going?'' These questions pertain to pharmacovigilance
and the current form does not allow for such specificity. We are also
adding the question, ``Was the product compounded by a pharmacy or an
outsourcing facility?'' Following the question, ``Is the Product
Compounded?'' we are adding a check box for ``Yes'' and a checkbox for
``No.'' We are also adding checkboxes within the field ``Product Type
(check all that apply)'' to correspond with selections for ``Over-the-
Counter, Generic and Biosimilar.'' Finally, we are revising ``Name of
the . . .'' to ``Name(s) of the . . .'' for clarity.
In section C, we are separating ``Other identifying information''
into two fields; hoping this improves reporting. New fields will be
entitled (1) ``Model number'' (2) ``Catalog number'' (3) ``Lot number''
(4) Serial number'' (5) ``UDI Number and (6) ``Expiration Date.''
In section D we are changing the terminology from ``Sex'' to
``Current Gender'' followed by corresponding check boxes next to the
options ``Female'', ``Male'', ``Intersex'', ``Transgender'', ``Prefer
not to disclose''.
In section E, we are revising the question ``If you do NOT want
your identity disclosed to the manufacturer, place an `X' in this
box:'' to read ``If you do NOT want your identity disclosed to the
manufacturer/compounder, place an `X' in this box:''
III. Public Comment
In the Federal Register of March 16, 2018 (83 FR 11756), we
published a 60-day notice requesting public comment on the proposed
collection of information. A number of comments were received and are
discussed in the following paragraphs.
General comments included suggestions that the MedWatch program be
better advertised to physicians and other medical healthcare
professionals as well as patients. Also, that the forms use terminology
more familiar to healthcare providers and consumers. For example, using
`Medication error' or `Medication error/product use error' instead of
`Product use error' to ensure respondents are aware that MedWatch forms
can be used to report medication errors. Other comments suggested
revisions that might improve or otherwise clarify instructions.
Finally, some comments pertained to the advantages of electronic
reporting.
More specific comments included a suggestion to add a question to
section A of Form FDA 3500 related to pregnancy. While we agree that
documenting pregnancy status is important, we do not plan on adding an
additional checkbox for pregnancy at this time. Previously (in 2005),
we proposed adding checkboxes for both ``Product Used During
Pregnancy'' and ``Product Used During Breast Feeding.'' However we
received comments expressing concern that these new data fields
introduced divergence from International Council on Harmonisation
standards and appeared to duplicate information usually provided in the
narrative section and in coded adverse event terms. At the same time,
we ask readers to note that pregnancy status can be captured in field
B7 under ``other relevant history.''
Another comment suggested adding ``Physician Assistant'' to the
drop down ``Occupation'' menu in section G of Form FDA 3500. We
appreciate this
[[Page 46170]]
suggestion and will implement the revision.
We also received comment that some users have experienced ``timing
out'' while completing Form FDA 3500B online and requested that any
time limit for completing online forms be extended. We were not aware
of this issue and will investigate to see whether it relates to the
online functionality of the form. If so, we will make the necessary
adjustments.
While we are especially appreciative of the comments received in
response to our notice, we continue to welcome feedback at all times
regarding ways we might improve the MedWatch Program and the associated
forms. In addition to the revisions discussed previously, on our own
initiative we are now including burden associated with written
submissions under Sec. 329.100(c)(2) (21 CFR 329.100(c)(2)) that
request a temporary waiver from the electronic reporting requirements
associated with postmarket adverse drug events under section 760 of the
FD&C Act. While we expect few such waiver requests, we retain a
placeholder for one respondent annually, and we estimate it takes 1
hour to complete the request.
We therefore estimate the burden for the information collection as
follows.
Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
FDA center or 21 CFR section and/or FDA form Number of responses per Total annual Average burden per response Total hours
respondents respondent responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Center for Biologics Evaluation and Research/
Center for Drug Evaluation and Research:
Form 3500................................. 14,727 1 14,727 0.66 (40 minutes)....................... 9,720
Form 3500A (Sec. Sec. 310.305, 314.80, 599 98 58,702 1.21.................................... 71,029
314.98, 600.80, and 1271.350).
Form 3500A (Sec. 310.305 outsourcing 50 2 100 1.21.................................... 121
facilities).
Center for Devices and Radiological Health:
Form 3500................................. 5,233 1 5,233 0.66 (40 minutes)....................... 3,454
Form 3500A (part 803)..................... 2,277 296 673,992 1.21.................................... 815,530
Center for Food Safety and Applied Nutrition:
Form 3500................................. 1,793 1 1,793 0.66 (40 minutes)....................... 1,183
Form 3500A................................ 1,659 1 1,659 1.21.................................... 2,007
Center for Tobacco Products:
Form 3500................................. 39 1 39 0.66 (40 minutes)....................... 26
All Centers:
Form 3500B................................ 13,750 1 13, 750 0.46 (28 minutes)....................... 6,325
Written requests for temporary waiver under 1 1 1 1....................................... 1
Sec. 329.100(c)(2):
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Total..................................... .............. .............. .............. ........................................ 909,396
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
While we retain the currently approved estimate for the information
collection, as noted previously we have added burden associated with
written submissions under Sec. 329.100.
Dated: September 4, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-19742 Filed 9-11-18; 8:45 am]
BILLING CODE 4164-01-P