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S. 2740

Referred to Committee

Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019

Introduced 10/30/2019•116th Congress•Senate

Latest Action

Referred to the Subcommittee on Health.

12/14/2019 • House

Summary

Over-the-Counter Monograph Safety, Innovation, and Reform Act of 2019

This bill makes significant changes to the regulation by the Food and Drug Administration (FDA) of nonprescription (i.e., over-the-counter or OTC) drugs.

The bill establishes a new approval process for OTC medications. Specifically, it creates an FDA administrative order process for the evaluation of OTC products, replacing the present notice and comment rulemaking approach. Under the new process, the FDA may issue an administrative order determining that a specific OTC drug, class of drugs, or combination is generally regarded as safe and effective and not subject to the new drug application process. The FDA may also use the administrative order process to (1) determine that a drug, class of drugs, or combination poses an imminent hazard to the public health; or (2) require labeling changes to mitigate a significant or unreasonable risk of a serious adverse event associated with use of the drug.

The bill provides for market exclusivity under certain circumstances. For drugs determined to be generally regarded as safe and effective pursuant to an administrative order requested by a sponsor (rather than initiated by the FDA), the requestor is granted 18 months of market exclusivity. This market exclusivity applies to an OTC drug with a new active ingredient or if the requestor conducted new human studies to get approval.

The bill allows a sponsor of a nonprescription sunscreen active ingredient or a combination of such ingredients that was subject to a proposed sunscreen order to transition to the administrative order process. Market exclusivity provisions also apply to new sunscreen active ingredients.

The FDA must establish a user fee program for OTC drugs.

Passed Senate • 12/10/2019

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Topics & Subjects

Policy Area: Health
Administrative law and regulatory proceduresAdministrative remediesChild healthCongressional oversightCosmetics and personal careDepartment of Health and Human ServicesDrug safety, medical device, and laboratory regulationGovernment information and archivesGovernment studies and investigationsInflation and pricesJudicial review and appealsMarketing and advertisingUser charges and fees

Related Federal Spending

Sponsor & Cosponsors (6)

Party Breakdown

3
Democrats
3
Republicans
0
Independents

Sponsor

S[
Sen. Isakson, Johnny [R-GA]

Republican • GA

Sponsored 10/30/2019

Cosponsors (5)

S[
S[
Sen. Braun, Mike [R-IN]

R-IN

Joined 10/31/2019

S[
Sen. Alexander, Lamar [R-TN]

R-TN

Joined 11/7/2019

S[
Sen. Murray, Patty [D-WA]

D-WA

Joined 11/7/2019

S[
Sen. Sinema, Kyrsten [D-AZ]

D-AZ

Joined 12/10/2019

Bill Journey

Originated in the Senate

Introduced

October 30, 2019

Committee Review

October 31, 2019

Committee on Health, Education, Labor, and Pensions. Ordered to be reported without amendment favorably.

Floor Debate

December 10, 2019

Passed Chamber

Other Chamber

December 11, 2019

President

Enacted into Law

Text Versions (4)

Referred in House12/11/2019
Engrossed in Senate12/10/2019
Reported to Senate11/5/2019
Introduced in Senate10/30/2019

Details

Bill TypeS
Current StatusReferred to Committee
Cosponsors5