Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Physician Interpretation of Information About Prescription Drugs in Scientific Publications Versus Promotional Pieces, 34897-34902 [2019-15350]

Download as PDF Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to https:// www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ or ‘‘More Search Options’’ to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number llll, Room C4–26– 05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Access CMS’ website address at website address at https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing.html. 2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to Paperwork@cms.hhs.gov. 3. Call the Reports Clearance Office at (410) 786–1326. FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). jbell on DSK3GLQ082PROD with NOTICES CMS–576A Organ Procurement Organization’s (OPOs) Health Insurance Benefits Agreement and Supporting Regulations 18:36 Jul 18, 2019 Jkt 247001 Information Collection 1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Organ Procurement Organization’s (OPOs) Health Insurance Benefits Agreement and Supporting Regulations; Use: The Medicare and Medicaid Programs final conditions for coverage for Organ Procurement Organizations (OPOs) require OPOs to sign agreements with the Center for Medicare and Medicaid Services (CMS) in order to be reimbursed and perform their services. The information provided on this form serves as a basis for continuing the agreements with CMS and the OPOs for participation in the Medicare and Medicaid programs for reimbursement of service. Form Number: CMS–576A (OMB Control Number: 0938–0512); Frequency: Occasionally; Affected Public: Private Sector (Business or other for-profit and Not-for-profit institutions); Number of Respondents: 58; Total Annual Responses: 58; Total Annual Hours: 29. (For policy questions regarding this collection contact Melissa Rice at 410–786–3270.) Dated: July 16, 2019. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs. [FR Doc. 2019–15426 Filed 7–18–19; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2018–N–3163] Under the PRA (44 U.S.C. 3501– 3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register VerDate Sep<11>2014 concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice. Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Physician Interpretation of Information About Prescription Drugs in Scientific Publications Versus Promotional Pieces AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA, Agency, or we) is SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 34897 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 August 19, 2019. 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–New and title ‘‘Physician Interpretation of Information About Prescription Drugs in Scientific Publications vs. Promotional Pieces.’’ Also include the FDA docket number found in brackets in the heading of this document. FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD 20852, 301–796–7726, PRAStaff@ fda.hhs.gov. 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. Physician Interpretation of Information About Prescription Drugs in Scientific Publications vs. Promotional Pieces OMB Control Number 0910–New I. Background Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 300u(a)(4)) authorizes FDA to conduct research relating to health information. Section 1003(d)(2)(C) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 393(d)(2)(C)) authorizes FDA to conduct research relating to drugs and other FDA-regulated products in carrying out the provisions of the FD&C Act. The FD&C Act prohibits the dissemination of false or misleading information about medications in consumer-directed and professional prescription drug promotion. As part of its Federal mandate, FDA regulates whether advertising of prescription drug products is truthful, balanced, and accurately communicated (see 21 U.S.C. 352(n)). FDA’s regulatory policies are aligned with the principles of free speech and due process in the U.S. Constitution. To inform current and future policies, and to seek to enhance E:\FR\FM\19JYN1.SGM 19JYN1 34898 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES audience comprehension, FDA’s Office of Prescription Drug Promotion (OPDP) conducts research focusing on: (1) Advertising features including content and format, (2) target populations, and (3) research quality. This proposed research focuses on healthcare professionals (HCPs). The proposed collection of information will investigate how physician perception of prescription drug information is influenced by variations in information context (presence of graphical elements and information delivery vehicle— medical journal abstract or sales aid), methodologic rigor of the underlying clinical study (high or low), and time pressure (present versus absent). A. Ways in Which Information Context and Study Quality May Influence Perceptions Physicians gain knowledge about medical product uses from a variety of information vehicles including peerreviewed journal articles, compendia, continuing medical education, and physician-directed promotion by or on behalf of manufacturers. Peer-reviewed scientific publications may report the results of a variety of studies, employing a wide range of methodologies with varying levels of rigor. As a result, information of varying quality is disseminated to the field. Physician detailing sometimes includes information derived from peer-reviewed research that, in this context, serves a dual purpose: To both inform and market a particular product (Ref. 1). Prior research has examined some impacts of study quality and funding source on physician perception. For example, research by Kesselheim et al. (Ref. 2) on study abstracts examined how methodologic rigor (high, medium, low) and information about the source of funding (industry, National Institutes of Health, none) affected physician perceptions of study quality, prescribing intentions, and interest in reading the full article. Results indicated physician participants were able to distinguish between levels of methodologic rigor. Physicians also used information about the funding source to distinguish materials. They reported less willingness to prescribe the drugs or read the full study from trials funded by industry, regardless of study rigor. Thus, funding source was a contextual factor that impacted physicians’ perceptions of the information. VerDate Sep<11>2014 18:36 Jul 18, 2019 Jkt 247001 Research has also shown that physician prescribing behavior can be influenced by the context in which the information is delivered. Spurling et al. (Ref. 3) examined the way in which information from a pharmaceutical company was delivered (using conventional promotional techniques such as sales rep visits, journal advertisements, or attendance at pharmaceutical-sponsored meetings versus not using conventional promotional techniques such as participation in company sponsored trials and representatives’ visits for nonpromotional purposes) and prescribing outcome across 58 studies. They found conventional promotional techniques were associated with an increase in prescribing and a decrease in prescribing quality. We are proposing to test a different type of contextual factor in this study: Whether the drug information appears in a medical journal abstract or a sales aid. B. Ways in Which Graphics May Influence Perceptions Promotional materials about prescription drugs that are directed toward physicians often include a variety of visual elements beyond simple text. In a study of professionally directed prescription drug brochures left for physicians by pharmaceutical representatives, researchers found 95 percent contained a visual graphic (including bar charts, line graphs, pie charts, arrows) accompanying the presentation of data (Ref. 4). An analysis of professionally directed prescription drug print advertisements in medical journals found 80 percent of the ads contained some type of image, and 21 percent contained data-related graphics. A group of two physicians and one pharmacist judged these ads. This group found that of those ads that contained images, 58 percent contained images that minimized the risks of the product and 24 percent of the images in the ads misled about product efficacy (Ref. 5). C. Ways in Which Time Pressure May Influence Perceptions We are also interested in how time pressure may impact physician perceptions. Time pressure can impact processing of information (e.g., accuracy and speed) as well as decision making. Physicians are often under pressure to split their work time between myriad duties that may include clinical care, PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 research, mentoring, teaching, and administrative duties (Ref. 6). Individuals under time pressure tend to rely on previously formed attitudes for decision making and have less cognitive capacity to process information (Refs. 7 and 8). This results in different decisions depending on the amount of time available (Ref. 9). Research suggests that in situations with high time pressure or increased ambiguity, experts use intuitive decision-making strategies rather than structured approaches (Refs. 10 and 11). Physicians may therefore tend to rely on intuitive processes rather than evidence-based information under time pressure. Research has also found that under time pressure, physician adherence to clinical practice guidelines concerning history taking and advice giving can be compromised (Ref. 12). One study that assessed the reading habits of physicians found that with limited time available for critical reading, practitioners relied heavily on abstracts and prescreening of articles by editors (Ref. 13). Thus, time pressure is an element of physicians’ practice environment that can impact information gathering and, consequently, decision making, and the quality of health care delivered. II. Proposed Study We propose to investigate how physician perception of professional prescription drug communications is influenced by variations in information context, methodologic rigor of the underlying clinical study, and time pressure. We propose to test three different contextual presentations of drug information (medical journal abstract, sales aid without graphic design elements, and sales aid with graphic design elements), and two types of study methodological rigor used by Kesselheim et al. (classified as high or low; Ref. 2). We have chosen to test a mock sales aid presentation and a medical journal abstract to examine the potential differences in perception that may arise by presenting the same information in different vehicles. Mirroring the time constraints of practicing physicians, we will examine the role of time pressure by randomly assigning half of the study participants to a limited amount of available time to read the materials. Table 1 describes the study design. E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices 34899 TABLE 1—STUDY DESIGN Information context Medical journal abstract Limited Time to Read ............ Methodological Rigor 1 ........... Unlimited Time to Read. 1 As Sales aid without graphic design elements Sales aid with graphic design elements 2 High. Low. High. Low. defined by Kesselheim et al. (Ref. 2). example, colors and background images. jbell on DSK3GLQ082PROD with NOTICES 2 For For this proposed study, voluntary participants will be board-certified internists. To examine differences between experimental conditions, we will conduct inferential statistical tests such as analysis of variance (ANOVA). With the sample size described, we will have sufficient power to detect small-tomedium sized effects in the main study. We plan to conduct one pretest with 158 voluntary participants and one main study with 566 voluntary participants. The purpose of the pretest is to ensure the manipulations are working as intended, and to examine the effectiveness of question wording. In the pretest, participants will answer questions about the study design and questionnaire. The studies will be conducted online. The pretest and main studies will have the same design and will follow the same procedure. Participants will be randomly assigned to one of 12 test conditions (see table 1). Following exposure to the stimuli, they will be asked to complete a questionnaire that assesses comprehension, perceptions, prescribing intentions, and demographics. We anticipate analyzing the data as a full factorial design (main effects and interactions) with two primary comparisons for the information context independent variable: Journal abstract versus sales aid without graphics and sales aid without graphics versus sales aid with graphics. We will also do an exploratory comparison of journal abstract versus sales aid with graphics. This study will be conducted as part of the research program of the OPDP. OPDP’s mission is to protect the public health by helping to ensure that prescription drug information is truthful, balanced, and accurately communicated, so that patients and health care providers can make informed decisions about treatment options. OPDP’s research program supports this mission by providing scientific evidence to help ensure that our policies related to prescription drug VerDate Sep<11>2014 18:36 Jul 18, 2019 Jkt 247001 promotion will have the greatest benefit to public health. Toward that end, we have consistently conducted research to evaluate the aspects of prescription drug promotion that we believe are most central to our mission, focusing on three main topic areas: Advertising features, including content and format; target populations; and research quality. Through the evaluation of advertising features we assess how elements such as graphics, format, and disease and product characteristics impact the communication and understanding of prescription drug risks and benefits; focusing on target populations allows us to evaluate how understanding of prescription drug risks and benefits may vary as a function of audience; and our focus on research quality aims at maximizing the quality of research data through analytical methodology development and investigation of sampling and response issues. This study falls under the topic of both target populations and advertising features. In the Federal Register of October 17, 2018 (83 FR 52490), FDA published a 60-day notice requesting public comment on the proposed collection of information. FDA received three comments that were PRA related. Within those submissions, FDA received multiple comments that the Agency has addressed. (Comment) Two comments asked for clarity about the research objectives and hypotheses. One comment asked how FDA will use such knowledge to inform the regulation of prescription drug promotion in the future, particularly the variable of time. (Response) As described in the 60-day Federal Register notice, we propose to investigate how physician perception of professional prescription drug communications is influenced by variations in information context, methodologic rigor of the underlying clinical study, and time pressure. We propose to test three different contextual presentations of drug information (medical journal abstract, sales aid PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 without graphic design elements, sales aid with graphic design elements), and two types of study methodological rigor used by Kesselheim et al. (classified as high or low; Ref. 2). We have chosen to test a mock sales aid presentation and a medical journal abstract to examine the potential differences in perception that may arise by presenting the same information in different vehicles. Mirroring the time constraints of practicing physicians, we will examine the role of time pressure by randomly assigning half of the study participants to a limited amount of available time to read the materials. Our research questions (RQs) are: RQ 1: Does the information context in which the information appears affect processing of the information? RQ 2: Does methodological rigor of the study affect processing of the information? RQ2a: Do physicians correctly interpret the methodological rigor of the study? RQ3: Does the time available to read the information affect processing of the information? RQ4: What are the potential interactions between these factors? Thus, the goal of our study is to understand the ways in which the presentation of information, methodological rigor, and time affect how physicians interpret information about drugs when it comes from different sources. Although we cannot speculate on any future action because of our research studies, the Agency is committed to examining and conducting research that will ensure that any changes are grounded in science and will have the greatest benefit to public health. For this reason, FDA consistently conducts research to evaluate the aspects of prescription drug promotion that we believe are most central to our mission, focusing on three main topic areas: Advertising features, including content and format; target populations; and research quality. Results from studies we conduct are evaluated within the broader context of research and findings from other E:\FR\FM\19JYN1.SGM 19JYN1 jbell on DSK3GLQ082PROD with NOTICES 34900 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices sources. The broader body of knowledge is used to inform both policy and regulatory approaches. (Comment) Six comments focused on various aspects of the study design. Comments asked for: (1) Clarity about the reasoning behind inclusion of the aspects of time pressure; (2) how time pressure reflects the reality of the HCP experience; (3) how time pressure will be operationalized; (4) justification for comparison of a sales aid to an abstract; (5) a suggestion to remove one of the sales aid conditions to simplify the design; and (6) more detail about how methodologic rigor will be defined and represented in a sales aid or an abstract. One comment (7) asserted graphics in promotional materials are tested by pharmaceutical companies through market research to ensure correct interpretation and so the presence or absence of graphics cannot predict how HCPs will interpret information in promotional materials. This comment also asserted the 1992 supporting reference in the 60-day Federal Register notice was outdated. (Response to 1–3) Prior research has found that many physicians have limited time to spend reading drug information (Refs. 6–11). To imitate physicians’ real-world experiences in this study, half of the participants will be randomly assigned to a condition in which time pressure is present; the other half will experience no time pressure. Those in the time pressure present condition will receive instructions explaining they will have two minutes to review the study description, which will be reevaluated after pretesting. Those without time pressure will be told they have as much time as they need to review the study description. (Response to 4–5) As described in the 60-day Federal Register notice, we have two primary comparisons for the information context independent variable: Journal abstract versus sales aid without graphics, and sales aid without graphics versus sales aid with graphics. We will also do an exploratory comparison of journal abstract versus sales aid with graphics. As further described in the 60-day Federal Register notice, we are examining the potential differences in perception that may arise by presenting the same information in different vehicles. The same information will be presented in the context of an abstract and the context of a sales aid. Described another way, we are controlling the text of the information and varying its ‘‘wrapper’’ to explore whether the context in which the information appears influences how the information is perceived. A comparison VerDate Sep<11>2014 18:36 Jul 18, 2019 Jkt 247001 of abstract to sales aid without graphics, and sales aid without graphics to sales aid with graphics will enable us to examine perceptual differences that may arise from the context in which the information occurs. To control for extraneous effects, we are not presenting any other information in the sales aid. (Response to 6) In addition to studying the presentation of information in different information vehicles (sales aid versus abstract), we will also examine two different levels of methodological rigor, either high or low quality (Ref. 2). Some key differences between the levels of rigor are: Blinding, representative population, and drug safety reported (Ref. 2). For example, the high rigor study that half of the participants will view was a randomized double-blind study that had a representative patient population, and the drug was reported to be safe (Ref. 2). The low rigor study that the other half of the participants will view was openlabel (no blinding), was not representative of the patient population, and there was no report of the safety of the drug (Ref. 2). We used the same criteria to develop our stimuli as did Kesselheim et al. (Ref. 2). For example, variables in the high rigor condition included double-blind, active comparator, and representative patient population. Variables in the low rigor condition included open-label, usual care comparator, and a nonrepresentative patient population. (Response to 7) It is possible that the presence of graphics affects the impressions of the product, which we are assessing in this study. To address the comment about the date of the referenced research, we conducted an additional search of the literature. In a study by Othman et al. (Ref. 14), 28 percent of claims made in pharmaceutical advertisements were judged clear and not misleading. This suggests that 72 percent were misleading or unclear. We welcome the opportunity to review unpublished market research or other available data to inform this study. (Comment) One comment questioned the sufficiency of the proposed analysis plan based on the information provided in the notice and asked for clarity about the main dependent variables. (Response) Our primary dependent variables are: Likelihood to prescribe, confidence in study results, interpret data cautiously, would use data in prescribing, credibility of data, bias of data, and trust in promotion. We will conduct ANOVAs (for continuous variables) and logistic regressions (for dichotomous variables) with interaction terms and planned comparisons to test PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 the research questions. We have outlined our research questions above. (Comment) Three comments requested FDA disseminate the study stimuli, and one comment requested disseminating the questionnaire prior to requesting comments. (Response) We have described the purpose of the study, the design, the population of interest, and the estimated burden. The 60-day notice published on October 17, 2018, provided an email address to obtain copies of the questionnaire (83 FR 52490 at 52491, column 3) and we provided the questionnaire to individuals upon request. The content of the stimuli is taken from Kesselheim et al. (Ref. 2). Our full stimuli are under development during the PRA process. We do not make draft stimuli public during this time because of concerns that this may contaminate our participant pool and compromise the research. (Comment) Two comments questioned limiting the sample to boardcertified internists and not including specialists, particularly those who specialize in diabetes treatment and endocrinologists. Relatedly, one comment suggested a sample size of at least 200 physicians. (Response) Our study is a partial replication of the Kesselheim et al. (Ref. 2) study. In that study, internists were used as the target population and in keeping with the replication, we chose to evaluate internists as well. We encourage future research to expand to other physician specialties. The sample will provide us enough power to detect a medium-sized effect between the study variables. (Comment) Two comments suggested changing the scale range of the questions so that all of the questions use a consistent scale range. (Response) We are using several questions that have been validated in previous studies. Therefore, some of the scales have various lengths. We chose to maintain scale range to maintain validation rather than editing scales for consistency. (Comment) Seven comments suggested changes to the questionnaire. These suggested changes included: (1) Adjusting the wording of the question that asks about the importance of the target study ‘‘to ensure more consistent interpretation by respondents, such as importance of study findings on respondent decision making, etc.’’; (2) revising the question about perceptions of bias to avoid the respondent making the assumption that the data presentation is biased; (3) deletion of questions about perceptions of risk; (4) deletion of the question about places E:\FR\FM\19JYN1.SGM 19JYN1 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices where information about unapproved drugs has been encountered because it appears unrelated to the study goals; (5) addition of a response choice to the question measuring decision to include colleagues as a source of information; (6) addition of screening questions about statistical training; and (7) addition of a question about how much time is typically spent reviewing materials such as this. (Responses) (1) The study importance question is taken from Kesselheim et al. (Ref. 2) and we did not encounter any issues with this question during cognitive interviews. (2) Perceptions of the amount of potential bias is one of our primary dependent measures. We will change the wording of this question to read ‘‘How unbiased or biased is the study you saw?’’ [1 = very unbiased; 5 = very biased]. (3) We acknowledge participants may have a difficult time answering questions about risk. We believe an overall risk-benefit assessment is possible based on the information provided. Thus, we have decided to retain these questions as variables of secondary interest. (4) The question about where participants may encounter information about unapproved drugs is taken from the Healthcare Professional Survey of Professional Prescription Drug Promotion (Docket No. FDA–2018–N– 0215). We have included it here so that we may compare results across the two populations in an exploratory manner. (5) We will add a question about seeking information in response to the data participants see in the study that includes a response choice that captures desire to discuss drug information with a colleague prior to prescribing. (6) We will add a question about statistical training to the demographic section of the questionnaire. (7) We will add a question about how long participants 34901 typically spend reading materials of this type. (Comment) One comment suggested moving the non-terminating demographic screener questions to the end of the survey. (Response) We appreciate this suggestion. We have moved these questions to the end of the survey. (Comment) One comment asked that the results be broadly and systematically disseminated. (Response) The Agency anticipates disseminating the results of the study after the final analyses of the data are completed, reviewed, and cleared. The exact timing and nature of any such dissemination has not been determined, but may include presentations at trade and academic conferences, submissions in publications, publishing articles, and internet postings. FDA estimates the burden of this collection of information as follows: TABLE 2—ESTIMATED ANNUAL REPORTING BURDEN 1 Number of respondents Activity Average burden per response Total annual responses Pretest screener .................................................. Main Study screener ........................................... Completes, Pretest .............................................. Completes, Main Study ....................................... 197 700 158 566 1 1 1 1 197 700 158 566 Total ............................................................. 1,621 ........................ 1,621 1 There 0.03 0.03 0.33 0.33 Total hours (2 minutes) ............. (2 minutes) ............. (20 minutes) ........... (20 minutes) ........... 6 21 53 187 ........................................ 267 are no capital costs or operating and maintenance costs associated with this collection of information. III. References The following references marked with an asterisk (*) are on display at the Dockets Management Staff (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at https:// www.regulations.gov. References without asterisks are not on public display at https://www.regulations.gov because they have copyright restriction. Some may be available at the website address, if listed. References without asterisks are available for viewing only at the Dockets Management Staff. FDA has verified the website addresses, as of the date this document publishes in the Federal Register, but websites are subject to change over time. jbell on DSK3GLQ082PROD with NOTICES Number of responses per respondent 1. Yi, J.C., G. Anandalingam, and L.A. Sorrell, ‘‘An Expert System to PhysicianDetailing Planning,’’ Expert Systems with Applications, 25:533–544, 2003. 2. Kesselheim, A.S., C.T. Robertson, J.A. Myers, et al., ‘‘A Randomized Study of How Physicians Interpret Research VerDate Sep<11>2014 18:36 Jul 18, 2019 Jkt 247001 Funding Disclosures,’’ New England Journal of Medicine, 367:1119–1127, 2012. 3.*Spurling, G.K., P.R. Mansfield, B.D. Montgomery, et al., ‘‘Information from Pharmaceutical Companies and the Quality, Quantity, and Cost of Physicians’ Prescribing: A Systematic Review,’’ PLoS Medicine, 7:e1000352, 2010. 4. Cardarelli, R., J.C. Licciardone, and L.G. Taylor, ‘‘A Cross-Sectional EvidenceBased Review of Pharmaceutical Promotional Marketing Brochures and Their Underlying Studies: Is What They Tell Us Important and True?’’ BMC Family Practice, 7:13, 2006. 5. Wilkes, M.S., B.H. Doblin, and M.F. Shapiro, ‘‘Pharmaceutical Advertisements in Leading Medical Journals: Experts’ Assessments,’’ Annals of Internal Medicine, 116:912–919, 1992. 6. Fassiotto, M., C. Simard, C. Sandborg, et. al, ‘‘An Integrated Career Coaching and Time-Banking System Promoting Flexibility, Wellness, and Success: A Pilot Program at Stanford University School of Medicine,’’ Academic Medicine, 93:881–887, 2018. 7. Alison, L., B. Doran, M.L. Long, et. al, ‘‘The Effects of Subjective Time Pressure and Individual Differences on Hypotheses Generation and Action PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 Prioritization in Police Investigations,’’ Journal of Experimental Psychology. 19:83–93, 2013. 8. Ratneshwar, S. and S. Chaiken, ‘‘Comprehension’s Role in Persuasion: The Case of Its Moderating Effect on the Persuasive Impact of Source Cues,’’ Journal of Consumer Research, 18:52–62, 1991. 9. Moore, D.L., D. Hausknecht, and K. Thamodaran, ‘‘Time Compression, Response Opportunity, and Persuasion,’’ Journal of Consumer Research, 13:85–99, 1986. 10. Dror, I.E., B. Basola, and J.R. Busemeyer, ‘‘Decision Making Under Time Pressure: An Independent Test of Sequential Sampling Models,’’ Memory & Cognition, 27:713–725, 1999. 11. Croskerry, P., ‘‘The Cognitive Imperative Thinking About How We Think,’’ Academic Emergency Medicine, 7:1223– 1231, 2000. 12. Tsiga, E., E. Panagopoulou, N. Sevdalis, et. al, ‘‘The Influence of Time Pressure on Adherence to Guidelines in Primary Care: An Experimental Study,’’ BMJ Open, 3:e002700, 2013. 13. Saint, S., D.A. Christakis, S. Saha, et. al, ‘‘Journal Reading Habits of Internists,’’ Journal of General Internal Medicine, 15:881–884, 2000. 14. *Othman, N., A. Vitry, and E.E. E:\FR\FM\19JYN1.SGM 19JYN1 34902 Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Notices Roughead, ‘‘Quality of Pharmaceutical Advertisements in Medical Journals: A Systematic Review,’’ PLoS Medicine, 4:e6350, https://doi.org/10.1371/ journal.pone.0006350, 2009. Dated: July 15, 2019. Lowell J. Schiller, Principal Associate Commissioner for Policy. [FR Doc. 2019–15350 Filed 7–18–19; 8:45 am] BILLING CODE 4164–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA–2019–N–2870] Electronic Submission; Data Standards; Support for Geopolitical Entities, Names, and Codes AGENCY: Food and Drug Administration, HHS. ACTION: Notice. The Food and Drug Administration (FDA or Agency) is announcing the adoption of the current version of the Geopolitical Entities, Names, and Codes (GENC) Standard on December 17, 2020. The GENC Standard is the U.S. Government profile of International Organization for Standardization (ISO) 3166 ‘‘Codes for the Representation of Names of Countries and Their Subdivisions.’’ It specifies an authoritative set of country codes and names for use by the U.S. Government for information exchange, using ISO 3166 names and code elements wherever possible, with modifications only when necessary to comply with U.S. law and U.S. Government recognition policy. Adopting the GENC Standard will enable FDA to be in conformance with U.S. Government naming and recognition policies. You may submit comments at any time regarding the appropriateness or timing of FDA’s adoption of the GENC Standard. ADDRESSES: You may submit either electronic or written comments at any time as follows: jbell on DSK3GLQ082PROD with NOTICES SUMMARY: 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 VerDate Sep<11>2014 18:36 Jul 18, 2019 Jkt 247001 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– 2019–N–2870 for ‘‘Electronic Submission; Data Standards; Support for Geopolitical Entities, Names, and Codes.’’ Received comments will be placed in the docket and, except for those submitted as ‘‘Confidential Submissions,’’ publicly viewable at https://www.regulations.gov or at the 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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.gpo.gov/ fdsys/pkg/FR-2015-09-18/pdf/201523389.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: Chenoa Conley, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1117, Silver Spring, MD 20993–0002, 301– 796–0035, cderdatastandards@ fda.hhs.gov, or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993–0002, 240–402–7911. SUPPLEMENTARY INFORMATION: On December 17, 2015, FDA began supporting GENC as the FDA standard for representing countries and their principal subdivisions. ISO is an organization that creates standards documents to provide requirements, specifications, and guidelines that can be followed by regulatory agencies and industry (https://nsgreg.nga.mil/genc/ discovery). Before adopting GENC as its standard, FDA represented countries using ISO 3166–1 alpha-3 and represented countries’ principal subdivisions using ISO 3166–2. Before adopting ISO 3166 as its standard, FDA represented countries using Federal Information Processing Standards (FIPS) 10–4 and represented principal subdivisions of the United States using FIPS 5–2 (https://nsgreg.nga.mil/doc/ view?i=2564). FIPS are publicly announced standards developed by the U.S. Government for use in computer systems by nonmilitary Government Agencies and industry. Public Law 80–242 (1947) requires the U.S. Government to use geographic names that have been approved by the U.S. Board on Geographic Names (BGN). ISO 3166 contains a small set of country E:\FR\FM\19JYN1.SGM 19JYN1

Agencies

[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34897-34902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15350]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3163]


Agency Information Collection Activities; Submission for Office 
of Management and Budget Review; Comment Request; Physician 
Interpretation of Information About Prescription Drugs in Scientific 
Publications Versus Promotional Pieces

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) 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 August 
19, 2019.

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-New and 
title ``Physician Interpretation of Information About Prescription 
Drugs in Scientific Publications vs. Promotional Pieces.'' Also include 
the FDA docket number found in brackets in the heading of this 
document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[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.

Physician Interpretation of Information About Prescription Drugs in 
Scientific Publications vs. Promotional Pieces

OMB Control Number 0910-New

I. Background

    Section 1701(a)(4) of the Public Health Service Act (42 U.S.C. 
300u(a)(4)) authorizes FDA to conduct research relating to health 
information. Section 1003(d)(2)(C) of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act) (21 U.S.C. 393(d)(2)(C)) authorizes FDA to 
conduct research relating to drugs and other FDA-regulated products in 
carrying out the provisions of the FD&C Act.
    The FD&C Act prohibits the dissemination of false or misleading 
information about medications in consumer-directed and professional 
prescription drug promotion. As part of its Federal mandate, FDA 
regulates whether advertising of prescription drug products is 
truthful, balanced, and accurately communicated (see 21 U.S.C. 352(n)). 
FDA's regulatory policies are aligned with the principles of free 
speech and due process in the U.S. Constitution. To inform current and 
future policies, and to seek to enhance

[[Page 34898]]

audience comprehension, FDA's Office of Prescription Drug Promotion 
(OPDP) conducts research focusing on: (1) Advertising features 
including content and format, (2) target populations, and (3) research 
quality. This proposed research focuses on healthcare professionals 
(HCPs). The proposed collection of information will investigate how 
physician perception of prescription drug information is influenced by 
variations in information context (presence of graphical elements and 
information delivery vehicle--medical journal abstract or sales aid), 
methodologic rigor of the underlying clinical study (high or low), and 
time pressure (present versus absent).

A. Ways in Which Information Context and Study Quality May Influence 
Perceptions

    Physicians gain knowledge about medical product uses from a variety 
of information vehicles including peer-reviewed journal articles, 
compendia, continuing medical education, and physician-directed 
promotion by or on behalf of manufacturers. Peer-reviewed scientific 
publications may report the results of a variety of studies, employing 
a wide range of methodologies with varying levels of rigor. As a 
result, information of varying quality is disseminated to the field. 
Physician detailing sometimes includes information derived from peer-
reviewed research that, in this context, serves a dual purpose: To both 
inform and market a particular product (Ref. 1).
    Prior research has examined some impacts of study quality and 
funding source on physician perception. For example, research by 
Kesselheim et al. (Ref. 2) on study abstracts examined how methodologic 
rigor (high, medium, low) and information about the source of funding 
(industry, National Institutes of Health, none) affected physician 
perceptions of study quality, prescribing intentions, and interest in 
reading the full article. Results indicated physician participants were 
able to distinguish between levels of methodologic rigor. Physicians 
also used information about the funding source to distinguish 
materials. They reported less willingness to prescribe the drugs or 
read the full study from trials funded by industry, regardless of study 
rigor. Thus, funding source was a contextual factor that impacted 
physicians' perceptions of the information.
    Research has also shown that physician prescribing behavior can be 
influenced by the context in which the information is delivered. 
Spurling et al. (Ref. 3) examined the way in which information from a 
pharmaceutical company was delivered (using conventional promotional 
techniques such as sales rep visits, journal advertisements, or 
attendance at pharmaceutical-sponsored meetings versus not using 
conventional promotional techniques such as participation in company 
sponsored trials and representatives' visits for nonpromotional 
purposes) and prescribing outcome across 58 studies. They found 
conventional promotional techniques were associated with an increase in 
prescribing and a decrease in prescribing quality. We are proposing to 
test a different type of contextual factor in this study: Whether the 
drug information appears in a medical journal abstract or a sales aid.

B. Ways in Which Graphics May Influence Perceptions

    Promotional materials about prescription drugs that are directed 
toward physicians often include a variety of visual elements beyond 
simple text. In a study of professionally directed prescription drug 
brochures left for physicians by pharmaceutical representatives, 
researchers found 95 percent contained a visual graphic (including bar 
charts, line graphs, pie charts, arrows) accompanying the presentation 
of data (Ref. 4). An analysis of professionally directed prescription 
drug print advertisements in medical journals found 80 percent of the 
ads contained some type of image, and 21 percent contained data-related 
graphics. A group of two physicians and one pharmacist judged these 
ads. This group found that of those ads that contained images, 58 
percent contained images that minimized the risks of the product and 24 
percent of the images in the ads misled about product efficacy (Ref. 
5).

C. Ways in Which Time Pressure May Influence Perceptions

    We are also interested in how time pressure may impact physician 
perceptions. Time pressure can impact processing of information (e.g., 
accuracy and speed) as well as decision making. Physicians are often 
under pressure to split their work time between myriad duties that may 
include clinical care, research, mentoring, teaching, and 
administrative duties (Ref. 6). Individuals under time pressure tend to 
rely on previously formed attitudes for decision making and have less 
cognitive capacity to process information (Refs. 7 and 8). This results 
in different decisions depending on the amount of time available (Ref. 
9). Research suggests that in situations with high time pressure or 
increased ambiguity, experts use intuitive decision-making strategies 
rather than structured approaches (Refs. 10 and 11). Physicians may 
therefore tend to rely on intuitive processes rather than evidence-
based information under time pressure.
    Research has also found that under time pressure, physician 
adherence to clinical practice guidelines concerning history taking and 
advice giving can be compromised (Ref. 12). One study that assessed the 
reading habits of physicians found that with limited time available for 
critical reading, practitioners relied heavily on abstracts and 
prescreening of articles by editors (Ref. 13). Thus, time pressure is 
an element of physicians' practice environment that can impact 
information gathering and, consequently, decision making, and the 
quality of health care delivered.

II. Proposed Study

    We propose to investigate how physician perception of professional 
prescription drug communications is influenced by variations in 
information context, methodologic rigor of the underlying clinical 
study, and time pressure. We propose to test three different contextual 
presentations of drug information (medical journal abstract, sales aid 
without graphic design elements, and sales aid with graphic design 
elements), and two types of study methodological rigor used by 
Kesselheim et al. (classified as high or low; Ref. 2). We have chosen 
to test a mock sales aid presentation and a medical journal abstract to 
examine the potential differences in perception that may arise by 
presenting the same information in different vehicles. Mirroring the 
time constraints of practicing physicians, we will examine the role of 
time pressure by randomly assigning half of the study participants to a 
limited amount of available time to read the materials. Table 1 
describes the study design.

[[Page 34899]]



                                                                  Table 1--Study Design
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Information context
                                      ------------------------------------------------------------------------------------------------------------------
                                                                                              Medical journal            Sales aid       Sales aid with
                                                                                                     abstract      without graphic       graphic design
                                                                                                                   design elements         elements \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Limited Time to Read.................  Methodological Rigor \1\  High.
                                                                 Low.....................
--------------------------------------                          ----------------------------------------------------------------------------------------
Unlimited Time to Read.                                          High.
                                                                 Low.....................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As defined by Kesselheim et al. (Ref. 2).
\2\ For example, colors and background images.

    For this proposed study, voluntary participants will be board-
certified internists. To examine differences between experimental 
conditions, we will conduct inferential statistical tests such as 
analysis of variance (ANOVA). With the sample size described, we will 
have sufficient power to detect small-to-medium sized effects in the 
main study.
    We plan to conduct one pretest with 158 voluntary participants and 
one main study with 566 voluntary participants. The purpose of the 
pretest is to ensure the manipulations are working as intended, and to 
examine the effectiveness of question wording. In the pretest, 
participants will answer questions about the study design and 
questionnaire. The studies will be conducted online. The pretest and 
main studies will have the same design and will follow the same 
procedure. Participants will be randomly assigned to one of 12 test 
conditions (see table 1). Following exposure to the stimuli, they will 
be asked to complete a questionnaire that assesses comprehension, 
perceptions, prescribing intentions, and demographics. We anticipate 
analyzing the data as a full factorial design (main effects and 
interactions) with two primary comparisons for the information context 
independent variable: Journal abstract versus sales aid without 
graphics and sales aid without graphics versus sales aid with graphics. 
We will also do an exploratory comparison of journal abstract versus 
sales aid with graphics.
    This study will be conducted as part of the research program of the 
OPDP. OPDP's mission is to protect the public health by helping to 
ensure that prescription drug information is truthful, balanced, and 
accurately communicated, so that patients and health care providers can 
make informed decisions about treatment options. OPDP's research 
program supports this mission by providing scientific evidence to help 
ensure that our policies related to prescription drug promotion will 
have the greatest benefit to public health. Toward that end, we have 
consistently conducted research to evaluate the aspects of prescription 
drug promotion that we believe are most central to our mission, 
focusing on three main topic areas: Advertising features, including 
content and format; target populations; and research quality. Through 
the evaluation of advertising features we assess how elements such as 
graphics, format, and disease and product characteristics impact the 
communication and understanding of prescription drug risks and 
benefits; focusing on target populations allows us to evaluate how 
understanding of prescription drug risks and benefits may vary as a 
function of audience; and our focus on research quality aims at 
maximizing the quality of research data through analytical methodology 
development and investigation of sampling and response issues. This 
study falls under the topic of both target populations and advertising 
features.
    In the Federal Register of October 17, 2018 (83 FR 52490), FDA 
published a 60-day notice requesting public comment on the proposed 
collection of information. FDA received three comments that were PRA 
related. Within those submissions, FDA received multiple comments that 
the Agency has addressed.
    (Comment) Two comments asked for clarity about the research 
objectives and hypotheses. One comment asked how FDA will use such 
knowledge to inform the regulation of prescription drug promotion in 
the future, particularly the variable of time.
    (Response) As described in the 60-day Federal Register notice, we 
propose to investigate how physician perception of professional 
prescription drug communications is influenced by variations in 
information context, methodologic rigor of the underlying clinical 
study, and time pressure. We propose to test three different contextual 
presentations of drug information (medical journal abstract, sales aid 
without graphic design elements, sales aid with graphic design 
elements), and two types of study methodological rigor used by 
Kesselheim et al. (classified as high or low; Ref. 2). We have chosen 
to test a mock sales aid presentation and a medical journal abstract to 
examine the potential differences in perception that may arise by 
presenting the same information in different vehicles. Mirroring the 
time constraints of practicing physicians, we will examine the role of 
time pressure by randomly assigning half of the study participants to a 
limited amount of available time to read the materials. Our research 
questions (RQs) are:

    RQ 1: Does the information context in which the information 
appears affect processing of the information?
    RQ 2: Does methodological rigor of the study affect processing 
of the information?
    RQ2a: Do physicians correctly interpret the methodological rigor 
of the study?
    RQ3: Does the time available to read the information affect 
processing of the information?
    RQ4: What are the potential interactions between these factors?

    Thus, the goal of our study is to understand the ways in which the 
presentation of information, methodological rigor, and time affect how 
physicians interpret information about drugs when it comes from 
different sources. Although we cannot speculate on any future action 
because of our research studies, the Agency is committed to examining 
and conducting research that will ensure that any changes are grounded 
in science and will have the greatest benefit to public health. For 
this reason, FDA consistently conducts research to evaluate the aspects 
of prescription drug promotion that we believe are most central to our 
mission, focusing on three main topic areas: Advertising features, 
including content and format; target populations; and research quality. 
Results from studies we conduct are evaluated within the broader 
context of research and findings from other

[[Page 34900]]

sources. The broader body of knowledge is used to inform both policy 
and regulatory approaches.
    (Comment) Six comments focused on various aspects of the study 
design. Comments asked for: (1) Clarity about the reasoning behind 
inclusion of the aspects of time pressure; (2) how time pressure 
reflects the reality of the HCP experience; (3) how time pressure will 
be operationalized; (4) justification for comparison of a sales aid to 
an abstract; (5) a suggestion to remove one of the sales aid conditions 
to simplify the design; and (6) more detail about how methodologic 
rigor will be defined and represented in a sales aid or an abstract. 
One comment (7) asserted graphics in promotional materials are tested 
by pharmaceutical companies through market research to ensure correct 
interpretation and so the presence or absence of graphics cannot 
predict how HCPs will interpret information in promotional materials. 
This comment also asserted the 1992 supporting reference in the 60-day 
Federal Register notice was outdated.
    (Response to 1-3) Prior research has found that many physicians 
have limited time to spend reading drug information (Refs. 6-11). To 
imitate physicians' real-world experiences in this study, half of the 
participants will be randomly assigned to a condition in which time 
pressure is present; the other half will experience no time pressure. 
Those in the time pressure present condition will receive instructions 
explaining they will have two minutes to review the study description, 
which will be reevaluated after pretesting. Those without time pressure 
will be told they have as much time as they need to review the study 
description.
    (Response to 4-5) As described in the 60-day Federal Register 
notice, we have two primary comparisons for the information context 
independent variable: Journal abstract versus sales aid without 
graphics, and sales aid without graphics versus sales aid with 
graphics. We will also do an exploratory comparison of journal abstract 
versus sales aid with graphics. As further described in the 60-day 
Federal Register notice, we are examining the potential differences in 
perception that may arise by presenting the same information in 
different vehicles. The same information will be presented in the 
context of an abstract and the context of a sales aid. Described 
another way, we are controlling the text of the information and varying 
its ``wrapper'' to explore whether the context in which the information 
appears influences how the information is perceived. A comparison of 
abstract to sales aid without graphics, and sales aid without graphics 
to sales aid with graphics will enable us to examine perceptual 
differences that may arise from the context in which the information 
occurs. To control for extraneous effects, we are not presenting any 
other information in the sales aid.
    (Response to 6) In addition to studying the presentation of 
information in different information vehicles (sales aid versus 
abstract), we will also examine two different levels of methodological 
rigor, either high or low quality (Ref. 2). Some key differences 
between the levels of rigor are: Blinding, representative population, 
and drug safety reported (Ref. 2). For example, the high rigor study 
that half of the participants will view was a randomized double-blind 
study that had a representative patient population, and the drug was 
reported to be safe (Ref. 2). The low rigor study that the other half 
of the participants will view was open-label (no blinding), was not 
representative of the patient population, and there was no report of 
the safety of the drug (Ref. 2). We used the same criteria to develop 
our stimuli as did Kesselheim et al. (Ref. 2). For example, variables 
in the high rigor condition included double-blind, active comparator, 
and representative patient population. Variables in the low rigor 
condition included open-label, usual care comparator, and a non-
representative patient population.
    (Response to 7) It is possible that the presence of graphics 
affects the impressions of the product, which we are assessing in this 
study. To address the comment about the date of the referenced 
research, we conducted an additional search of the literature. In a 
study by Othman et al. (Ref. 14), 28 percent of claims made in 
pharmaceutical advertisements were judged clear and not misleading. 
This suggests that 72 percent were misleading or unclear. We welcome 
the opportunity to review unpublished market research or other 
available data to inform this study.
    (Comment) One comment questioned the sufficiency of the proposed 
analysis plan based on the information provided in the notice and asked 
for clarity about the main dependent variables.
    (Response) Our primary dependent variables are: Likelihood to 
prescribe, confidence in study results, interpret data cautiously, 
would use data in prescribing, credibility of data, bias of data, and 
trust in promotion. We will conduct ANOVAs (for continuous variables) 
and logistic regressions (for dichotomous variables) with interaction 
terms and planned comparisons to test the research questions. We have 
outlined our research questions above.
    (Comment) Three comments requested FDA disseminate the study 
stimuli, and one comment requested disseminating the questionnaire 
prior to requesting comments.
    (Response) We have described the purpose of the study, the design, 
the population of interest, and the estimated burden. The 60-day notice 
published on October 17, 2018, provided an email address to obtain 
copies of the questionnaire (83 FR 52490 at 52491, column 3) and we 
provided the questionnaire to individuals upon request. The content of 
the stimuli is taken from Kesselheim et al. (Ref. 2). Our full stimuli 
are under development during the PRA process. We do not make draft 
stimuli public during this time because of concerns that this may 
contaminate our participant pool and compromise the research.
    (Comment) Two comments questioned limiting the sample to board-
certified internists and not including specialists, particularly those 
who specialize in diabetes treatment and endocrinologists. Relatedly, 
one comment suggested a sample size of at least 200 physicians.
    (Response) Our study is a partial replication of the Kesselheim et 
al. (Ref. 2) study. In that study, internists were used as the target 
population and in keeping with the replication, we chose to evaluate 
internists as well. We encourage future research to expand to other 
physician specialties. The sample will provide us enough power to 
detect a medium-sized effect between the study variables.
    (Comment) Two comments suggested changing the scale range of the 
questions so that all of the questions use a consistent scale range.
    (Response) We are using several questions that have been validated 
in previous studies. Therefore, some of the scales have various 
lengths. We chose to maintain scale range to maintain validation rather 
than editing scales for consistency.
    (Comment) Seven comments suggested changes to the questionnaire. 
These suggested changes included: (1) Adjusting the wording of the 
question that asks about the importance of the target study ``to ensure 
more consistent interpretation by respondents, such as importance of 
study findings on respondent decision making, etc.''; (2) revising the 
question about perceptions of bias to avoid the respondent making the 
assumption that the data presentation is biased; (3) deletion of 
questions about perceptions of risk; (4) deletion of the question about 
places

[[Page 34901]]

where information about unapproved drugs has been encountered because 
it appears unrelated to the study goals; (5) addition of a response 
choice to the question measuring decision to include colleagues as a 
source of information; (6) addition of screening questions about 
statistical training; and (7) addition of a question about how much 
time is typically spent reviewing materials such as this.
    (Responses) (1) The study importance question is taken from 
Kesselheim et al. (Ref. 2) and we did not encounter any issues with 
this question during cognitive interviews. (2) Perceptions of the 
amount of potential bias is one of our primary dependent measures. We 
will change the wording of this question to read ``How unbiased or 
biased is the study you saw?'' [1 = very unbiased; 5 = very biased]. 
(3) We acknowledge participants may have a difficult time answering 
questions about risk. We believe an overall risk-benefit assessment is 
possible based on the information provided. Thus, we have decided to 
retain these questions as variables of secondary interest. (4) The 
question about where participants may encounter information about 
unapproved drugs is taken from the Healthcare Professional Survey of 
Professional Prescription Drug Promotion (Docket No. FDA-2018-N-0215). 
We have included it here so that we may compare results across the two 
populations in an exploratory manner. (5) We will add a question about 
seeking information in response to the data participants see in the 
study that includes a response choice that captures desire to discuss 
drug information with a colleague prior to prescribing. (6) We will add 
a question about statistical training to the demographic section of the 
questionnaire. (7) We will add a question about how long participants 
typically spend reading materials of this type.
    (Comment) One comment suggested moving the non-terminating 
demographic screener questions to the end of the survey.
    (Response) We appreciate this suggestion. We have moved these 
questions to the end of the survey.
    (Comment) One comment asked that the results be broadly and 
systematically disseminated.
    (Response) The Agency anticipates disseminating the results of the 
study after the final analyses of the data are completed, reviewed, and 
cleared. The exact timing and nature of any such dissemination has not 
been determined, but may include presentations at trade and academic 
conferences, submissions in publications, publishing articles, and 
internet postings.
    FDA estimates the burden of this collection of information as 
follows:

                                                     Table 2--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number of
                 Activity                      Number of     responses per   Total annual           Average  burden per  response           Total hours
                                              respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pretest screener..........................             197               1             197  0.03 (2 minutes)............................               6
Main Study screener.......................             700               1             700  0.03 (2 minutes)............................              21
Completes, Pretest........................             158               1             158  0.33 (20 minutes)...........................              53
Completes, Main Study.....................             566               1             566  0.33 (20 minutes)...........................             187
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................           1,621  ..............           1,621  ............................................             267
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

III. References

    The following references marked with an asterisk (*) are on display 
at the Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and 
are available for viewing by interested persons between 9 a.m. and 4 
p.m., Monday through Friday; they also are available electronically at 
https://www.regulations.gov. References without asterisks are not on 
public display at https://www.regulations.gov because they have 
copyright restriction. Some may be available at the website address, if 
listed. References without asterisks are available for viewing only at 
the Dockets Management Staff. FDA has verified the website addresses, 
as of the date this document publishes in the Federal Register, but 
websites are subject to change over time.

1. Yi, J.C., G. Anandalingam, and L.A. Sorrell, ``An Expert System 
to Physician-Detailing Planning,'' Expert Systems with Applications, 
25:533-544, 2003.
2. Kesselheim, A.S., C.T. Robertson, J.A. Myers, et al., ``A 
Randomized Study of How Physicians Interpret Research Funding 
Disclosures,'' New England Journal of Medicine, 367:1119-1127, 2012.
3.*Spurling, G.K., P.R. Mansfield, B.D. Montgomery, et al., 
``Information from Pharmaceutical Companies and the Quality, 
Quantity, and Cost of Physicians' Prescribing: A Systematic 
Review,'' PLoS Medicine, 7:e1000352, 2010.
4. Cardarelli, R., J.C. Licciardone, and L.G. Taylor, ``A Cross-
Sectional Evidence-Based Review of Pharmaceutical Promotional 
Marketing Brochures and Their Underlying Studies: Is What They Tell 
Us Important and True?'' BMC Family Practice, 7:13, 2006.
5. Wilkes, M.S., B.H. Doblin, and M.F. Shapiro, ``Pharmaceutical 
Advertisements in Leading Medical Journals: Experts' Assessments,'' 
Annals of Internal Medicine, 116:912-919, 1992.
6. Fassiotto, M., C. Simard, C. Sandborg, et. al, ``An Integrated 
Career Coaching and Time-Banking System Promoting Flexibility, 
Wellness, and Success: A Pilot Program at Stanford University School 
of Medicine,'' Academic Medicine, 93:881-887, 2018.
7. Alison, L., B. Doran, M.L. Long, et. al, ``The Effects of 
Subjective Time Pressure and Individual Differences on Hypotheses 
Generation and Action Prioritization in Police Investigations,'' 
Journal of Experimental Psychology. 19:83-93, 2013.
8. Ratneshwar, S. and S. Chaiken, ``Comprehension's Role in 
Persuasion: The Case of Its Moderating Effect on the Persuasive 
Impact of Source Cues,'' Journal of Consumer Research, 18:52-62, 
1991.
9. Moore, D.L., D. Hausknecht, and K. Thamodaran, ``Time 
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[[Page 34902]]

Roughead, ``Quality of Pharmaceutical Advertisements in Medical 
Journals: A Systematic Review,'' PLoS Medicine, 4:e6350, https://doi.org/10.1371/journal.pone.0006350, 2009.

    Dated: July 15, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-15350 Filed 7-18-19; 8:45 am]
BILLING CODE 4164-01-P


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