Us Congress 2023-2024 Regular Session

Us Congress House Bill HB9616

Introduced
9/17/24  

Caption

Prompt Approval of Safe Generic Drugs Act

Impact

The implementation of HB 9616 is expected to significantly impact state laws governing drug approvals and their associated regulatory frameworks. By streamlining the process, the bill would ensure that generic drugs can enter the market more swiftly, which is particularly crucial for medications that have lost patent protection. This change is anticipated to lower healthcare costs and provide greater access to essential medications for patients across the state, enhancing public health outcomes.

Summary

House Bill 9616, known as the Prompt Approval of Safe Generic Drugs Act, aims to facilitate and expedite the approval process for generic drugs. The bill emphasizes the need for timely access to generic alternatives in the pharmaceutical market, potentially reducing costs for consumers and improving overall healthcare access. Supporters argue that the quicker approval process will encourage competition among drug manufacturers, leading to lower prices and more options for patients requiring medications.

Contention

Despite the clear intent to expedite drug approvals, HB 9616 has generated some points of contention among stakeholders. Critics voice concerns about the potential for rushed approvals compromising the safety and efficacy of generic drugs. They suggest that eliminating or reducing the time allocated for thorough testing and review could outweigh the financial benefits. Proponents of the bill argue that existing safety evaluations remain intact and that companies are incentivized to adhere to high standards, balancing speed and safety.

Additional_notes

As discussions around HB 9616 unfold, it will be essential to monitor reviews from medical professionals, pharmaceutical companies, and patient advocacy groups to gauge the bill's potential long-term effects on drug safety standards and healthcare accessibility.

Companion Bills

No companion bills found.

Previously Filed As

US HB843

Prompt Approval of Safe Generic Drugs ActThis bill authorizes the Food and Drug Administration (FDA) to approve certain applications to market a generic drug despite the omission of certain safety information from the generic drug's labeling.Specifically, the FDA may not deem an abbreviated application for approval of a generic drug ineligible for approval solely because the drug's labeling omits safety information that is protected under another drug's patent or exclusivity protections. Similarly, a drug that is approved under this bill may not be considered mislabeled for lacking such safety information.Generally, an abbreviated application, for the purposes of this bill, is one that (1) uses required information from studies not conducted by the applicant; or (2) seeks approval of a drug that is, for drug approval purposes, a duplicate of an already-approved drug (i.e., a generic drug). Currently, the labeling for such a generic drug must generally be identical to that of the already-approved drug. This bill provides an exception to that requirement under the specified circumstances. For any drug approved under this bill, the FDA must require the drug's labeling to include any safety information that is necessary to assure safe use.

US HB6275

Protecting Consumer Access to Generic Drugs Act of 2023

US HB8385

Baby Food Safety Act of 2024

US SB43

Skinny Labels, Big Savings ActThis bill provides a statutory safe harbor from patent infringement claims for generic or biosimilar manufacturers that seek or obtain approval for skinny labels of their drugs.Under current law, the Food and Drug Administration (FDA) may approve generic and biosimilar drugs through a process known as skinny labeling, which allows a generic manufacturer to seek approval only for approved uses of the drug that are no longer protected by patents. However, in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc., a court held that a generic manufacturer may sometimes be liable for patent infringement when it markets skinny label generics.The bill specifically lists the following as actions that are not considered infringement of a method of use claim in a patent under the Federal Food, Drug, and Cosmetic Act:submitting or seeking approval of a skinny label for a generic or biosimilar drug;promoting or commercially marketing a drug with skinny labeling approved by the FDA; ordescribing a drug product approved by the FDA as a generic of, or therapeutically equivalent to, the branded drug.The bill also applies the safe harbor to similar actions under the Public Health Service Act.

US HB685

Support And Value Expectant Moms and Babies Act of 2025 or the SAVE Moms and Babies Act of 2025This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved.Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner.The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner from also acting as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient.The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)

US HB2511

Sarah Katz Caffeine Safety Act

US HB9264

Campus Accountability and Safety Act

US HB6756

Baby Food Safety Act of 2023

US SB142

Preserve Access to Affordable Generics and Biosimilars Act

US HB8996

Railroad Safety Enhancement Act of 2024 Safe Freight Act of 2023

Similar Bills

No similar bills found.