To amend the Federal Food, Drug, and Cosmetic Act to establish a time-limited conditional approval pathway, subject to specific obligations, for certain drugs and biological products, and for other purposes.
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Committee
Latest Action · May 23, 2024
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
This bill creates a new fast-track approval pathway called "conditional approval" for drugs treating rare, progressive, and serious diseases where patients have few treatment options. Under this process, the FDA can approve drugs based on early-stage clinical evidence, such as completion of Phase 1 safety testing combined with Phase 2 effectiveness data, rather than requiring the full clinical trial evidence normally needed for standard approval. The bill applies to diseases that are rapidly progressive and terminal or are rare diseases that substantially shorten lifespan or reduce quality of life. Conditionally approved drugs would receive priority review, remain on the market for up to eight years in two-year renewable periods, and must be tracked through patient registries to monitor safety and effectiveness. All patients receiving these drugs must enroll in an observational registry and provide informed consent, and all promotional materials must clearly state the drug is "conditionally approved for a limited population." The bill requires private and federal health insurers to cover conditionally approved drugs without cost-sharing for eligible patients. The FDA can withdraw conditional approval if safety data no longer supports it, and sponsors must commit to pursuing standard full approval or risk automatic withdrawal if the drug is not brought to market within one year.
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