Institute for Health Research |
Adverse Event
Reporting
|
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From the Official Text of Act: “(a) Definitions- In this section:
`(1)
ADVERSE EVENT- The term `adverse event' means any health-related event
associated with the use of a dietary supplement that is adverse.
`(2)
SERIOUS ADVERSE EVENT- The term `serious adverse event' is an adverse event
that--
`(A)
results in--
`(i)
death;
`(ii)
a life-threatening experience;
`(iii)
inpatient hospitalization;
`(iv)
a persistent or significant disability or incapacity; or
`(v)
a congenital anomaly or birth defect; or
`(B)
requires, based on reasonable medical judgment, a medical or surgical
intervention to prevent an outcome described under subparagraph (A).
`(3) SERIOUS ADVERSE EVENT REPORT- The term `serious adverse event report' means a report that is required to be submitted to the Secretary under subsection (b).” |
FDA information on voluntary Adverse Event Reporting
[Information partially superseded by AER Law.]
http://www.cfsan.fda.gov/~dms/caersltr.html
http://www.cfsan.fda.gov/~dms/caerssam.html
http://www.fda.gov/cder/regulatory/public_law_109462.pdf
Revised Text of Bill as Reported in the Senate,
`(1) ADVERSE EVENT- The term `adverse event means any health-related event
associated with the use of a dietary supplement that is adverse.
`(2) SERIOUS ADVERSE EVENT- The term `serious adverse event is an adverse event
that--
`(A) results in--
`(i) death;
`(ii) a life-threatening experience;
`(iii) inpatient hospitalization;
`(iv) a persistent or significant disability or incapacity; or
`(v) a congenital anomaly or birth defect; or
`(B) requires, based on reasonable medical judgment, a medical or surgical
intervention to prevent an outcome described under subparagraph (A).
`(3) SERIOUS ADVERSE EVENT REPORT- The term `serious adverse event report means
a report that is required to be submitted to the Secretary under subsection (b).
`(b) Reporting Requirement-
`(1) IN GENERAL- The manufacturer, packer, or distributor of a dietary
supplement whose name (pursuant to section 403(e)(1)) appears on the label of a
dietary supplement marketed in the United States (referred to in this section as
the `responsible person) shall submit to the Secretary any report received of a
serious adverse event associated with such dietary supplement when used in the
United States, accompanied by a copy of the label on or within the retail
packaging of such dietary supplement.
`(2) RETAILER- A retailer whose name appears on the label described in paragraph
(1) as a distributor may, by agreement, authorize the manufacturer or packer of
the dietary supplement to submit the required reports for such dietary
supplements to the Secretary so long as the retailer directs to the manufacturer
or packer all adverse events associated with such dietary supplement that are
reported to the retailer through the address or telephone number described in
section 403(y).
`(c) Submission of Reports-
`(1) TIMING OF REPORTS- The responsible person shall submit to the Secretary a
serious adverse event report no later than 15 business days after the report is
received through the address or phone number described in section 403(y).
`(2) NEW MEDICAL INFORMATION- The responsible person shall submit to the
Secretary any new medical information, related to a submitted serious adverse
event report that is received by the responsible person within 1 year of the
initial report, no later than 15 business days after the new information is
received by the responsible person.
`(3) CONSOLIDATION OF REPORTS- The Secretary shall develop systems to ensure
that duplicate reports of, and new medical information related to, a serious
adverse event shall be consolidated into a single report.
`(4) EXEMPTION- The Secretary, after providing notice and an opportunity for
comment from interested parties, may establish an exemption to the requirements
under paragraphs (1) and (2) if the Secretary determines that such exemption
would have no adverse effect on public health.
`(d) Contents of Reports- Each serious adverse event report under this section
shall be submitted to the Secretary using the MedWatch form, which may be
modified by the Secretary for dietary supplements, and may be accompanied by
additional information.
`(e) Maintenance and Inspection of Records-
`(1) MAINTENANCE- The responsible person shall maintain records related to each
report of an adverse event received by the responsible person for a period of 6
years.
`(2) RECORDS INSPECTION-
`(A) IN GENERAL- The responsible person shall permit an authorized person to
have access to records required to be maintained under this section during an
inspection pursuant to section 704.
`(B) AUTHORIZED PERSON- For purposes of this paragraph, the term `authorized
person means an officer or employee of the Department of Health and Human
Services, who has--
`(i) appropriate credentials, as determined by the Secretary; and
`(ii) been duly designated by the Secretary to have access to the records
required under this section.
`(f) Protected Information- A serious adverse event report submitted to the
Secretary under this section, including any new medical information submitted
under subsection (c)(2), or an adverse event report voluntarily submitted to the
Secretary shall be considered to be--
`(1) a safety report under section 756 and may be accompanied by a statement,
which shall be a part of any report that is released for public disclosure, that
denies that the report or the records constitute an admission that the product
involved caused or contributed to the adverse event; and
`(2) a record about an individual under section 552a of title 5, United States
Code (commonly referred to as the `Privacy Act of 1974) and a medical or similar
file the disclosure of which would constitute a violation of section 552 of such
title 5 (commonly referred to as the `Freedom of Information Act), and shall not
be publicly disclosed unless all personally identifiable information is
redacted.
`(g) Rule of Construction- The submission of any adverse event report in
compliance with this section shall not be construed as an admission that the
dietary supplement involved caused or contributed to the adverse event.
`(h) Preemption-
`(1) IN GENERAL- No State or local government shall establish or continue in
effect any law, regulation, order, or other requirement, related to a mandatory
system for adverse event reports for dietary supplements, that is different
from, in addition to, or otherwise not identical to, this section.
`(2) EFFECT OF SECTION-
`(A) IN GENERAL- Nothing in this section shall affect the authority of the
Secretary to provide adverse event reports and information to any health, food,
or drug officer or employee of any State, territory, or political subdivision of
a State or territory, under a memorandum of understanding between the Secretary
and such State, territory, or political subdivision.
`(B) PERSONALLY-IDENTIFIABLE INFORMATION- Notwithstanding any other provision of
law, personally-identifiable information in adverse event reports provided by
the Secretary to any health, food, or drug officer or employee of any State,
territory, or political subdivision of a State or territory, shall not--
`(i) be made publicly available pursuant to any State or other law requiring
disclosure of information or records; or
`(ii) otherwise be disclosed or distributed to any party without the written
consent of the Secretary and the person submitting such information to the
Secretary.
`(C) USE OF SAFETY REPORTS- Nothing in this section shall permit a State,
territory, or political subdivision of a State or territory, to use any safety
report received from the Secretary in a manner inconsistent with subsection (g)
or section 756.
`(i) Authorization of Appropriations- There are authorized to be appropriated to
carry out this section such sums as may be necessary..
(b) Prohibited Act- Section 301(e) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 331(e)) is amended by--
(1) striking `, or 760; and inserting `, 760, or 761;; and
(2) striking `, or 760 and inserting `, 760, or 761.
(c) Misbranding- Section 403 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343) is amended by adding at the end the following:
`(y) If it is a dietary supplement that is marketed in the United States, unless
the label of such dietary supplement includes a domestic address or domestic
phone number through which the responsible person (as described in section 761)
may receive a report of a serious adverse event with such dietary supplement..
(d) Effective Date-
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this
section shall take effect 1 year after the date of enactment of this Act.
(2) MISBRANDING- Section 403(y) of the Federal Food, Drug, and Cosmetic Act (as
added by this section) shall apply to any dietary supplement labeled on or after
the date that is 1 year after the date of enactment of this Act.
(3) GUIDANCE- Not later than 270 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall issue guidance on the minimum
data elements that should be included in a serious adverse event report as
described under the amendments made by this Act.
SEC. 4. PROHIBITION OF FALSIFICATION OF REPORTS.
(a) In General- Section 301 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 331) is amended by adding at the end the following:
`(ii) The falsification of a report of a serious adverse event submitted to a
responsible person (as defined under section 760 or 761) or the falsification of
a serious adverse event report (as defined under section 760 or 761) submitted
to the Secretary..
(b) Effective Date- The amendment made by this section shall take effect 1 year
after the date of enactment of this Act.