2019 US Code
Title 21 - Food and Drugs
Chapter 9 - Federal Food, Drug, and Cosmetic Act
Subchapter V - Drugs and Devices
Part E - General Provisions Relating to Drugs and Devices
Sec. 360bbb-0 - Expanded access policy required for investigational drugs
21 U.S.C. § 360bbb-0 (2019) |
§360bbb–0. Expanded access policy required for investigational drugs |
(a) In general
The manufacturer or distributor of one or more investigational drugs for the diagnosis, monitoring, or treatment of one or more serious diseases or conditions shall make available the policy of the manufacturer or distributor on evaluating and responding to requests submitted under section 360bbb(b) of this title for provision of such a drug. (b) Public availability of expanded access policyThe policies under subsection (a) shall be made public and readily available, such as by posting such policies on a publicly available Internet website. Such policies may be generally applicable to all investigational drugs of such manufacturer or distributor. (c) Content of policyA policy described in subsection (a) shall include— (1) contact information for the manufacturer or distributor to facilitate communication about requests described in subsection (a); (2) procedures for making such requests; (3) the general criteria the manufacturer or distributor will use to evaluate such requests for individual patients, and for responses to such requests; (4) the length of time the manufacturer or distributor anticipates will be necessary to acknowledge receipt of such requests; and (5) a hyperlink or other reference to the clinical trial record containing information about the expanded access for such drug that is required under section 282(j)(2)(A)(ii)(II)(gg) of title 42. The posting of policies by manufacturers and distributors under subsection (a) shall not serve as a guarantee of access to any specific investigational drug by any individual patient. (e) Revised policyNothing in this section shall prevent a manufacturer or distributor from revising a policy required under this section at any time. (f) ApplicationThis section shall apply to a manufacturer or distributor with respect to an investigational drug beginning on the earlier of— (1) the first initiation of a phase 2 or phase 3 study (as such terms are defined in section 312.21(b) and (c) of title 21, Code of Federal Regulations (or any successor regulations)) with respect to such investigational drug; or (2) as applicable, 15 days after the drug receives a designation as a breakthrough therapy, fast track product, or regenerative advanced therapy under subsection (a), (b), or (g), respectively, of section 356 of this title. |
(June 25, 1938, ch. 675, §561A, as added Pub. L. 114–255, div. A, title III, §3032, Dec. 13, 2016, 130 Stat. 1100; amended Pub. L. 115–52, title VI, §610(c), Aug. 18, 2017, 131 Stat. 1053.) |
AMENDMENTS
2017—Subsec. (f). Pub. L. 115–52 substituted "earlier" for "later" in introductory provisions, added par. (2), redesignated former par. (2) as (1), and struck out former par. (1) which read as follows: "the date that is 60 calendar days after December 13, 2016; or". |
United States Code, 2018 Edition, Supplement 1, Title 21 - FOOD AND DRUGS |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 21 - FOOD AND DRUGS CHAPTER 9 - FEDERAL FOOD, DRUG, AND COSMETIC ACT SUBCHAPTER V - DRUGS AND DEVICES Part E - General Provisions Relating to Drugs and Devices Sec. 360bbb-0 - Expanded access policy required for investigational drugs |
section 360bbb-0 |
2019 |
January 24, 2020 |
No |
standard |
130 Stat. 1100 131 Stat. 1053 |
Public Law 114-255, Public Law 115-52 |