Promising Pathway Act

1/11/2023, 1:50 PM

Promising Pathway Act

This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional approval is for two years and is potentially renewable.

The Food and Drug Administration (FDA) must establish a priority review system to evaluate completed provisional approval applications within 90 days of receipt. A provisional approval application may be approved if the FDA determines that (1) there is substantial evidence of safety for the drug; and (2) there is relevant early evidence of efficacy, based on adequate and well-controlled investigations.

During the COVID-19 (i.e., coronavirus disease 2019) pandemic, or another epidemic or pandemic, the FDA must accept and review various portions of a provisional approval application on a rolling basis.

The manufacturer of a provisionally approved drug must require patients to participate in an observational registry. A manufacturer that fails to comply with registry requirements is subject to civil penalties.

A provisionally approved drug must be labeled as such.

If a drug that receives provisional approval status is not brought to market within 180 days of the approval, the approval must be rescinded.

The bill also limits the liability of a manufacturer of a provisionally approved drug with respect to any claim under state law alleging that the drug is unsafe or ineffective.

Private health insurers and federal health care programs shall not deny coverage of a provisionally approved drug on the basis of it being experimental.

Congress
117

Number
S - 1644

Introduced on
2021-05-13

# Amendments
0

Sponsors
+5

Cosponsors
+5

Variations and Revisions

5/13/2021

Status of Legislation

Bill Introduced
Introduced to House
House to Vote
Introduced to Senate
Senate to Vote

Purpose and Summary

Promising Pathway Act

This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional approval is for two years and is potentially renewable.

The Food and Drug Administration (FDA) must establish a priority review system to evaluate completed provisional approval applications within 90 days of receipt. A provisional approval application may be approved if the FDA determines that (1) there is substantial evidence of safety for the drug; and (2) there is relevant early evidence of efficacy, based on adequate and well-controlled investigations.

During the COVID-19 (i.e., coronavirus disease 2019) pandemic, or another epidemic or pandemic, the FDA must accept and review various portions of a provisional approval application on a rolling basis.

The manufacturer of a provisionally approved drug must require patients to participate in an observational registry. A manufacturer that fails to comply with registry requirements is subject to civil penalties.

A provisionally approved drug must be labeled as such.

If a drug that receives provisional approval status is not brought to market within 180 days of the approval, the approval must be rescinded.

The bill also limits the liability of a manufacturer of a provisionally approved drug with respect to any claim under state law alleging that the drug is unsafe or ineffective.

Private health insurers and federal health care programs shall not deny coverage of a provisionally approved drug on the basis of it being experimental.

Alternative Names
Official Title as IntroducedA bill to amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited provisional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.

Policy Areas
Health

Potential Impact
Cardiovascular and respiratory health
Civil actions and liability
Congressional oversight
Drug safety, medical device, and laboratory regulation
Drug therapy
Emergency medical services and trauma care
Employee benefits and pensions
Government information and archives
Government studies and investigations
Health care costs and insurance
Health care coverage and access
Health information and medical records
Immunology and vaccination
Infectious and parasitic diseases
Licensing and registrations
Manufacturing
Medical research
Medical tests and diagnostic methods
Prescription drugs
Scientific communication

Comments

Recent Activity

Latest Summary6/16/2021

Promising Pathway Act

This bill establishes a provisional approval pathway for medicines intended for serious or life-threatening diseases, including illnesses posing a threat of epidemic or pandemic. The period of the provisional a...


Latest Action5/13/2021
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.