Agency Information Collection Activities; Proposed Collection; Comment Request; Obtaining Information To Understand Challenges and Opportunities Encountered by Compounding Outsourcing Facilities

Citation86 FR 54450
Record Number2021-21382
Published date01 October 2021
SectionNotices
CourtFood And Drug Administration
Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
                [Notices]
                [Pages 54450-54453]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-21382]
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                DEPARTMENT OF HEALTH AND HUMAN SERVICES
                Food and Drug Administration
                [Docket No. FDA-2019-N-3077]
                Agency Information Collection Activities; Proposed Collection;
                Comment Request; Obtaining Information To Understand Challenges and
                Opportunities Encountered by Compounding Outsourcing Facilities
                AGENCY: Food and Drug Administration, HHS.
                ACTION: Notice.
                -----------------------------------------------------------------------
                SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
                announcing an opportunity for public comment on the proposed collection
                of certain information by the Agency. Under the Paperwork Reduction Act
                of 1995 (PRA), Federal Agencies are required to publish notice in the
                Federal Register concerning each proposed collection of information,
                including each proposed extension of an existing collection of
                information, and to allow 60 days for public comment in response to the
                notice. This notice requests comments on the information collection
                associated with FDA research in obtaining information from pharmacists
                and other management at outsourcing facilities and related human
                prescription drug compounding businesses. The research supports a
                comprehensive analysis of the outsourcing facility sector that informs
                ongoing FDA work in this area.
                DATES: Submit either electronic or written comments on the collection
                of information by November 30, 2021.
                ADDRESSES: 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 30, 2021. The https://www.regulations.gov electronic filing system will accept
                [[Page 54451]]
                comments until 11:59 p.m. Eastern Time at the end of November 30, 2021.
                Comments received by mail/hand delivery/courier (for written/paper
                submissions) will be considered timely if they are postmarked or the
                delivery service acceptance receipt is on or before that date.
                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 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-3077 for ``Agency Information Collection Activities;
                Proposed Collection; Comment Request; Obtaining Information to
                Understand Challenges and Opportunities Encountered by Compounding
                Outsourcing Facilities.'' Received comments, those filed in a timely
                manner (see ADDRESSES), 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, 240-402-7500.
                 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 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.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.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, 240-402-7500.
                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: Under the PRA (44 U.S.C. 3501-3521), Federal
                Agencies must obtain approval from the Office of Management and Budget
                (OMB) for each collection of information they conduct or sponsor.
                ``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 (44 U.S.C. 3506(c)(2)(A))
                requires Federal Agencies to provide a 60-day notice in the Federal
                Register concerning each proposed collection of information, including
                each proposed extension of an existing collection of information,
                before submitting the collection to OMB for approval. To comply with
                this requirement, FDA is publishing notice of the proposed collection
                of information set forth in this document.
                 With respect to the following collection of information, FDA
                invites comments on these topics: (1) Whether the proposed collection
                of information is necessary for the proper performance of FDA's
                functions, including whether the information will have practical
                utility; (2) the accuracy of FDA's estimate of the burden of the
                proposed collection of information, including the validity of the
                methodology and assumptions used; (3) ways to enhance the quality,
                utility, and clarity of the information to be collected; and (4) ways
                to minimize the burden of the collection of information on respondents,
                including through the use of automated collection techniques, when
                appropriate, and other forms of information technology.
                Obtaining Information To Understand Challenges and Opportunities
                Encountered by Compounding Outsourcing Facilities
                OMB Control Number 0910-0883--Extension
                 This information collection supports FDA research in obtaining a
                range of information pertaining to human prescription drug compounding
                by outsourcing facilities. Generally, drug compounding is the practice
                of combining, mixing, or altering ingredients of a drug to create a
                medication tailored an individual patient's needs. Although compounded
                drugs can serve an important medical need for certain patients when an
                approved drug is not medically appropriate, compounded drugs also
                present a risk to patients. Compounded drugs are not FDA-approved;
                therefore, they do not undergo FDA premarket review for safety,
                effectiveness, and quality. Section 503A of the Federal Food, Drug, and
                Cosmetic Act (FD&C Act) (21 U.S.C. 353a) describes the conditions that
                must be satisfied for compounded human prescription drug products to be
                exempt from certain sections of the FD&C Act: (1) Section 501(a)(2)(B)
                (21 U.S.C. 351(a)(2)(B))
                [[Page 54452]]
                (current good manufacturing practice (CGMP) requirements), (2) section
                502(f)(1) (21 U.S.C. 352(f)(1)) (labeling of drugs with adequate
                directions for use), and (3) section 505 (21 U.S.C. 355) (approval of
                drugs under new drug applications or abbreviated new drug
                applications).
                 The Drug Quality and Security Act of 2013 (Pub. L. 113-54) created
                outsourcing facilities--a new industry sector of drug compounders held
                to higher quality standards to protect patient health. Section 503B of
                the FD&C Act (21 U.S.C. 353b) describes the conditions that outsourcing
                facilities must satisfy for drug products compounded in an outsourcing
                facility by or under the direct supervision of a licensed pharmacist to
                be exempt from the certain sections of the FD&C Act. Outsourcing
                facilities are intended to offer a more reliable supply of compounded
                drugs that hospitals, clinics, and other providers need.
                 FDA continues to find concerning quality and safety problems during
                inspections of outsourcing facilities. FDA has implemented and will
                continue to implement programs to support compounding quality and
                compliance. One initiative is FDA's Compounding Quality Center of
                Excellence (Center of Excellence), https://www.fda.gov/drugs/human-drug-compounding/compounding-quality-center-excellence, which was
                developed to focus on improving the quality of compounded human
                prescription drugs to promote patient safety. One of our top priorities
                is to help ensure that compounded drugs are safe by focusing on
                quality. FDA, state regulators, pharmacy associations, and compounders,
                including outsourcing facilities, share the responsibility of patient
                safety.
                 The Center of Excellence engages and collaborates with compounders,
                including outsourcing facilities, and other stakeholders to improve the
                overall quality of compounded drugs. Furthermore, the Center of
                Excellence promotes collaboration to help compounders implement robust
                quality management systems that are better for business and the safety
                of patients.
                 To help strengthen the outsourcing facility industry's ability to
                provide quality compounded drugs to patients who need them, the Center
                of Excellence offers training sessions and opportunities to develop
                manufacturing quality and other policies for outsourcing facilities,
                including CGMPs.
                 The Center of Excellence offers several training sessions
                (available at https://www.fda.gov/drugs/human-drug-compounding/compounding-quality-center-excellence-training-programs). Self-guided
                training sessions teach the following topics: (1) Environmental
                monitoring, (2) sterile drug compounding, (3) cleanroom performance
                tests, and (4) conducting investigations and formulating corrective and
                preventive actions. Instructor-led sessions teach the regulatory
                framework for these topics: (1) Human drug compounding, (2) airflow
                practices, (3) insanitary conditions and sterility, (4) stability and
                beyond use dates, (5) requirements for outsourcing facility guides, and
                (6) conducting investigations and formulating corrective and preventive
                actions. Management and staff from outsourcing facilities have attended
                the training sessions. Feedback on the training sessions has been
                positive, and interest in the sessions continues to grow.
                 In addition, the Center of Excellence is conducting indepth
                research to better understand outsourcing facilities' challenges and
                opportunities in different areas to help guide decisions regarding
                future training and other engagement. Outsourcing facilities encounter
                the following challenges and opportunities: (1) Operational barriers
                and opportunities related to the outsourcing facility market and
                business viability, (2) knowledge and operational barriers and
                opportunities related to compliance with Federal policies and good
                quality drug production, and (3) barriers and opportunities related to
                outsourcing facility interactions with FDA.
                 FDA used previous research results under this information
                collection to develop an understanding of the outsourcing facility
                sector, the sector's challenges, and opportunities for advancement. The
                information collected was an essential tool to help FDA identify
                knowledge and information gaps, operational barriers, and views on
                interactions with FDA. FDA has presented this information in public
                settings such as stakeholder meetings. Continuing this collection will
                enable FDA to deepen our understanding of the outsourcing facility
                sector and increase our efficacy in developing a Center of Excellence
                that is responsive to outsourcing facilities' needs. The research
                results will inform FDA's future activities for the Center of
                Excellence in the areas of communication, education, training, and
                other engagement with outsourcing facilities to address challenges and
                support advancement.
                 Researchers engage with pharmacists, staff, and management from
                outsourcing facilities and similar compounding businesses and may use
                surveys, interviews, and focus groups to obtain information about
                outsourcing facilities' challenges and opportunities. Within this
                context, we may pose the following questions or similar, related
                questions:
                 1. What financial and operational considerations inform outsourcing
                facility operational and business model decisions?
                 2. What factors impact developing a sustainable outsourcing
                facility business?
                 3. What financial and operational considerations inform outsourcing
                facility product decisions?
                 4. Do outsourcing facilities understand the Federal laws and
                policies that apply to them? What, if any, knowledge gaps do we need to
                address?
                 5. What are outsourcing facilities' challenges when implementing
                Federal CGMP requirements?
                 6. How do outsourcing facilities implement quality practices at
                their facilities?
                 7. How do outsourcing facilities develop CGMP and quality
                expertise? How do they obtain this knowledge, and what training do they
                need?
                 8. What are the economic consequences of CGMP noncompliance and
                product failures for outsourcing facilities?
                 9. What are outsourcing facility management and staff views on
                current interactions with FDA? How do they want the interactions to
                change?
                 10. What are outsourcing facilities' understanding of how to engage
                with FDA during and following an inspection?
                 FDA estimates the burden of this collection of information as
                follows:
                [[Page 54453]]
                 Table 1--Estimated Annual Reporting Burden \1\
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                 Number of
                 Activity Number of responses per Total annual Average burden Total hours
                 respondents respondent responses per response
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                Surveys, focus groups, and interviews.............................. 300 2 600 1 600
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                \1\ There are no capital costs or operating and maintenance costs associated with this collection of information.
                 Our original request for the information collection was approved
                January 21, 2020; however, the subsequent public health emergency
                inhibited our ability to administer the requested survey. We have
                therefore made no adjustments to our current burden estimate.
                 Dated: September 24, 2021.
                Lauren K. Roth,
                Acting Principal Associate Commissioner for Policy.
                [FR Doc. 2021-21382 Filed 9-30-21; 8:45 am]
                BILLING CODE 4164-01-P
                

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