
[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Notices]
[Pages 32362-32364]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13442]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0279]


Agency Information Collection Activities: Proposed Collection; 
Reports and Records Under Prescription Drug Marketing Act of 1987

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an 
opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(the 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 solicits comments on the reporting and 
recordkeeping requirements contained in the regulations implementing 
the Prescription Drug Marketing Act of 1987 (PDMA).

DATES: Submit either electronic or written comments on the collection 
of information by August 5, 2011.

ADDRESSES: Submit electronic comments on the collection of information 
to http://www.regulations.gov. Submit written comments on the 
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, 
Rockville, MD 20852. All comments should be identified with the docket 
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of 
Information Management, Food and Drug Administration, 1350 Piccard Dr., 
P150-400B, Rockville, MD 20850, 301-796-3792, 
Elizabeth.Berbakos@fda.hhs.gov.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), 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.

Prescription Drug Marketing Act of 1987; Administrative Procedures, 
Policies, and Requirements--21 CFR Part 203 (OMB Control Number 0910-
0435)--Extension

    FDA is requesting OMB approval under the PRA (44 U.S.C. 3501-3520) 
for the reporting and recordkeeping requirements contained in the 
regulations implementing the Prescription Drug Marketing Act of 1987 
(PDMA) (Public Law 100-293). PDMA was intended to ensure that drug 
products purchased by consumers are safe and effective and to avoid an 
unacceptable risk that counterfeit, adulterated, misbranded, subpotent, 
or expired drugs are sold.

[[Page 32363]]

    PDMA was enacted by Congress because there were insufficient 
safeguards in the drug distribution system to prevent the introduction 
and retail sale of substandard, ineffective, or counterfeit drugs, and 
that a wholesale drug diversion submarket had developed that prevented 
effective control over the true sources of drugs.
    Congress found that large amounts of drugs had been reimported into 
the United States as U.S. goods returned causing a health and safety 
risk to U.S. consumers because the drugs may become subpotent or 
adulterated during foreign handling and shipping. Congress also found 
that a ready market for prescription drug reimports had been the 
catalyst for a continuing series of frauds against U.S. manufacturers 
and had provided the cover for the importation of foreign counterfeit 
drugs.
    Congress also determined that the system of providing drug samples 
to physicians through manufacturers' representatives had resulted in 
the sale to consumers of misbranded, expired, and adulterated 
pharmaceuticals.
    The bulk resale of below-wholesale priced prescription drugs by 
health care entities for ultimate sale at retail also helped to fuel 
the diversion market and was an unfair form of competition to 
wholesalers and retailers who had to pay otherwise prevailing market 
prices.
    FDA is requesting OMB approval for the following reporting and 
recordkeeping requirements:

                     Table 1--Reporting Requirements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
21 CFR 203.11.....................  Applications for reimportation to
                                     provide emergency medical care.
21 CFR 203.30(a)(1) and (b).......  Drug sample requests (drug samples
                                     distributed by mail or common
                                     carrier).
21 CFR 203.30(a)(3), (a)(4), and    Drug sample receipts (receipts for
 (c).                                drug samples distributed by mail or
                                     common carrier).
21 CFR 203.31(a)(1) and (b).......  Drug sample requests (drug samples
                                     distributed by means other than the
                                     mail or a common carrier).
21 CFR 203.31(a)(3), (a)(4), and    Drug sample receipts (drug samples
 (c).                                distributed by means other than the
                                     mail or a common carrier).
21 CFR 203.37(a)..................  Investigation of falsification of
                                     drug sample records.
21 CFR 203.37(b)..................  Investigation of a significant loss
                                     or known theft of drug samples.
21 CFR 203.37(c)..................  Notification that a representative
                                     has been convicted of certain
                                     offenses involving drug samples.
21 CFR 203.37(d)..................  Notification of the individual
                                     responsible for responding to a
                                     request for information about drug
                                     samples.
21 CFR 203.39(g)..................  Preparation by a charitable
                                     institution of a reconciliation
                                     report for donated drug samples.
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                   Table 2--Recordkeeping Requirements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
21 CFR 203.23(a) and (b)..........  Credit memo for returned drugs.
21 CFR 203.23(c)..................  Documentation of proper storage,
                                     handling, and shipping conditions
                                     for returned drugs.
21 CFR 203.30(a)(2) and             Verification that a practitioner
 203.31(a)(2).                       requesting a drug sample is
                                     licensed or authorized by the
                                     appropriate State authority to
                                     prescribe the product.
21 CFR 203.31(d)(1) and (d)(2)....  Contents of the inventory record and
                                     reconciliation report required for
                                     drug samples distributed by
                                     representatives.
21 CFR 203.31(d)(4)...............  Investigation of apparent
                                     discrepancies and significant
                                     losses revealed through the
                                     reconciliation report.
21 CFR 203.31(e)..................  Lists of manufacturers' and
                                     distributors' representatives.
21 CFR 203.34.....................  Written policies and procedures
                                     describing administrative systems.
21 CFR 203.37(a)..................  Report of investigation of
                                     falsification of drug sample
                                     records.
21 CFR 203.37(b)..................  Report of investigation of
                                     significant loss or known theft of
                                     drug samples.
21 CFR 203.38(b)..................  Records of drug sample distribution
                                     identifying lot or control numbers
                                     of samples distributed. (The
                                     information collection in 21 CFR
                                     203.38(b) is already approved under
                                     OMB Control Number 0910-0139).
21 CFR 203.39(d)..................  Records of drug samples destroyed or
                                     returned by a charitable
                                     institution.
21 CFR 203.39(e)..................  Record of drug samples donated to a
                                     charitable institution.
21 CFR 203.39(f)..................  Records of donation and distribution
                                     or other disposition of donated
                                     drug samples.
21 CFR 203.39(g)..................  Inventory and reconciliation of drug
                                     samples donated to charitable
                                     institutions.
21 CFR 203.50(a)..................  Drug origin statement.
21 CFR 203.50(b)..................  Retention of drug origin statement
                                     for 3 years.
21 CFR 203.50(d)..................  List of authorized distributors of
                                     record.
------------------------------------------------------------------------

    The reporting and recordkeeping requirements are intended to help 
achieve the following goals: (1) To ban the reimportation of 
prescription drugs produced in the United States, except when 
reimported by the manufacturer or under FDA authorization for emergency 
medical care; (2) to ban the sale, purchase, or trade, or the offer to 
sell, purchase, or trade, of any prescription drug sample; (3) to limit 
the distribution of drug samples to practitioners licensed or 
authorized to prescribe such drugs or to pharmacies of hospitals or 
other health care entities at the request of a licensed or authorized 
practitioner; (4) to require licensed or authorized practitioners to 
request prescription drug samples in writing; (5) to mandate storage, 
handling, and recordkeeping requirements for prescription drug samples; 
(6) to prohibit, with certain exceptions, the sale, purchase, or trade 
of, or the offer to sell, purchase, or trade, prescription drugs that 
were purchased by hospitals or other health care entities, or which 
were donated or supplied at a reduced price to a charitable 
organization; (7) to require unauthorized wholesale distributors to 
provide, prior to the wholesale distribution of a prescription drug to 
another wholesale distributor or

[[Page 32364]]

retail pharmacy, a statement identifying each prior sale, purchase, or 
trade of the drug.
    FDA estimates the burden of this collection of information as 
follows:

                                  Table 3--Estimated Annual Reporting Burden\1\
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                                                      Number of                    Average burden
          21 CFR section              Number of     responses per   Total annual    per response    Total hours
                                     respondents     respondent       responses    (in hours) \2\
----------------------------------------------------------------------------------------------------------------
203.11...........................               1               1               1           30/60            .50
203.30(a)(1) and (b).............          61,961              12         743,532            4/60      44,612
203.30(a)(3), (a)(4), and (c)....          61,961              12         743,532            4/60      44,612
203.31(a)(1) and (b).............         232,355             135      31,367,925            2/60   1,254,717
203.31(a)(3), (a)(4), and (c)....         232,355             135      31,367,925            2/60     941,038
203.37(a)........................              50               4             200           15/60          50
203.37(b)........................              50              40           2,000           15/60         500
203.37(c)........................               1               1               1               1           1
203.37(d)........................              50               1              50            5/60           4
203.39(g)........................               1               1               1               1           1
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    Total........................  ..............  ..............  ..............  ..............   2,285,535.50 
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Burden estimates of less than 1 hour are expressed as a fraction of an hour in the format ``[number of
  minutes per response]/60''.


                                Table 4--Estimated Annual Recordkeeping Burden\1\
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                                                                                  Average burden
                                     Number of       Number of     Total annual         per
         21 CFR section            recordkeepers    records per       records      recordkeeping    Total hours
                                                   recordkeeper                   (in hours) \2\
----------------------------------------------------------------------------------------------------------------
203.23(a) and (b)...............          31,676               5         158,380           15/60          39,595
203.23(c).......................          31,676               5         158,380            5/60          12,670
203.30(a)(2) and 203.31(a)(2)...           2,208             100         220,800           30/60         110,400
203.31(d)(1) and (d)(2).........           2,208               1           2,208              40          88,320
203.31(d)(4)....................             442               1             442              24          10,608
203.31(e).......................           2,208               1           2,208               1           2,208
203.34..........................              90               1              90              40           3,600
203.37(a).......................              50               4             200               6           1,200
203.37(b).......................              50              40           2,000               6           1,200
203.39(d).......................              65               1              65               1              65
203.39(e).......................           3,221               1           3,221           30/60           1,610
203.39(f).......................           3,221               1           3,221               8          25,768
203.39(g).......................           3,221               1           3,221               8          25,768
203.50(a).......................             125             100          12,500           10/60           2,125
203.50(b).......................             125             100          12,500           30/60           6,250
203.50(d).......................             691               1             691               2           1,382
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    Total.......................  ..............  ..............  ..............  ..............         332,769
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\1\ There are capital costs or operating and maintenance costs associated with this collection of information.
\2\ Burden estimates of less than 1 hour are expressed as a fraction of an hour in the format ``[number of
  minutes per response]/60''.


    Dated: May 24, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13442 Filed 6-3-11; 8:45 am]
BILLING CODE 4160-01-P


