BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1277| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1277 Author: Hill (D) and Perea (D), et al. Amended: 7/5/12 in Senate Vote: 21 SENATE HEALTH COMMITTEE : 7-0, 6/27/12 AYES: Hernandez, Harman, Alquist, Anderson, Blakeslee, DeSaulnier, Rubio NO VOTE RECORDED: De León, Wolk SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 78-0, 5/19/11(Consent) - See last page for vote SUBJECT : Sherman Food, Drug, and Cosmetic Law SOURCE : Author DIGEST : This bill eliminates licensing inspections by the Department of Public Health (DPH) for drug and medical device manufacturers, as specified. Limits DPHs authority to make investigations or inspections of manufacturers to situations where DPH has determined the health and safety of the public is at risk, or when the U.S. Food and Drug Administration (FDA) has requested assistance for enforcement activities. ANALYSIS : Existing law: CONTINUED AB 1277 Page 2 1.Establishes the federal Food, Drug, and Cosmetic Act, which grants authority to the FDA to oversee the safety of food, drugs, and cosmetics. 2.Establishes the Sherman Law, administered by DPH, which, among other things, regulates the packaging, labeling, and advertising of drugs and medical devices in California. 3.Prohibits, in the Sherman Law, the sale, delivery, or giving away of any new drug or new device unless it is either: A. A new drug, and a new drug application has been approved for it by the FDA, pursuant to federal law, or it is a new device for which a premarket approval application has been approved, and that approval has not been withdrawn, terminated, or suspended under the FDA; or B. A new drug or new device for which DPH has approved a new drug or device application, and has not withdrawn, terminated, or suspended that approval. 1.Requires DPH to adopt regulations to establish the application form and set the fee for licensure and renewal of a drug or device license. 2.Requires DPH to inspect the place of business of each licensed manufacturer of a drug or medical device prior to issuing a license, to determine ownership, adequacy of facilities, personnel qualifications, and compliance with current law. 3.Requires DPH to perform subsequent inspections once every two years, unless the FDA has inspected the place of business within the previous two years. Requires DPH to use the information in the FDA inspection's written documents, rather than conducting its own inspection. 4.Allows DPH, if necessary, to conduct an inspection to obtain information not included or not sufficiently clear in the FDA written documentation, as specified. CONTINUED AB 1277 Page 3 5.Permits a DPH-authorized agent to enter and inspect specified locations, as specified, to enforce the Sherman Law. This bill: 1.Clarifies that biologic products are included in provisions of existing law prohibiting anyone from selling, delivering, or giving away any new drug or new device unless it has been approved under specified provisions of federal law. 2.Repeals the requirement that DPH inspect each place of business prior to issuing a new license to a drug or device manufacturer, and instead requires DPH to receive from the place of business documentation that evidences any of the following: A. The place of business is operating pursuant to a valid biologics license issued by the United States Food and Drug Administration (FDA), as specified, requiring the documentation to include an attestation from the place of business that a federal inspection was completed within the past two years from the date of the attestation; B. The place of business is operating with a valid federal establishment registration, as specified; C. The place of business is operating in compliance with audits conducted pursuant to the International Standards Organization standards, as specified; or D. The place of business is operating pursuant to an approved investigational new drug issued by the FDA, or pursuant to an approved investigational device exemption issued by the FDA, as specified. 1.Prohibits DPH from inspecting the place of business prior to issuing a license if DPH receives documentation that satisfies the requirements in #2 above; if this documentation is not received, DPH is required to inspect the place of business prior to issuing a license. CONTINUED AB 1277 Page 4 2.Requires DPH to provide an official copy of the valid license upon request of the place of business. 3.Repeals the requirement that DPH inspect a licensed drug or device manufacturer once every two years following initial licensure to determine ownership, adequacy of facilities, and personnel qualifications. 4.Limits the ability of DPH to make investigations or inspections of licensed drug or device manufacturers to only when any of the following occur: A. DPH makes a determination that the health and safety of the public is at risk; B. A complaint has been registered with DPH, and DPH makes a determination that the public health and safety is at serious risk; C. A notification has been sent by the FDA to DPH that requests assistance regarding certain recall actions; or D. The FDA has requested assistance for enforcement activities, including, but not limited to, embargoes, seizures, or injunctions. Background DPH licensure of drug and device manufacturers. FDB in DPH is responsible for licensing and inspecting all manufacturers of pharmaceutical drug products and medical devices in California, unless the manufacturer is specifically exempted. DPH currently licenses and inspects 1,673 drug and medical device manufacturing firms in California. FDB is required to inspect the place of manufacture before issuing or denying a license; firms cannot legally manufacture in California without a valid license. In addition to issuing a license, DPH has the authority to revoke or suspend a license for any violation of the Sherman Law. Existing law also requires FDB to conduct license renewal inspections of these companies once every two years, and permits additional follow-up inspections to be conducted "for cause" (e.g., to CONTINUED AB 1277 Page 5 investigate injuries and deaths or following product recalls). According to DPH, its inspections are aimed at preventing the sale and distribution of drugs and medical devices that have been improperly manufactured; are adulterated, misbranded or falsely advertised; have not been shown to be safe or effective; or in the case of medical devices, fail to meet design verification requirements. As these products are being used to treat life-threatening diseases or are necessary for life support, early regulation by DPH prevents product contamination, misbranding, and a variety of formulation, fabrication, and labeling problems. FDA regulation of drug and device manufacturers. Before a new drug even gets to the manufacturing stage, it must undergo preclinical testing, followed by clinical testing. The FDA is involved in each stage of testing, ensuring the tests conform to FDA's Good Laboratory Practices. After three phases of clinical trials, and if the FDA does not require additional information about the drug's efficacy, safety and side effects, the sponsor of the new drug may submit a New Drug Application, which contains all relevant and necessary information about how the drug will be manufactured. According to the FDA, "Manufacturing issues are also among the reasons that approval Ýof a New Drug Application] may be delayed or denied. Drugs must be manufactured in accordance with standards called good manufacturing practices, and the FDA inspects manufacturing facilities before a drug can be approved. If a facility isn't ready for inspection, approval can be delayed. Any manufacturing deficiencies found would need to be corrected before approval. In addition to approval of each individual drug, federal law requires every establishment in any state engaged in the manufacture, preparation, propagation, compounding, or processing of a drug to register the name of the business with the FDA. Federal law goes on to require that every such registered establishment be inspected by the FDA at least once in the two-year period beginning with the date of registration and at least once in every successive two-year period thereafter. CONTINUED AB 1277 Page 6 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/8/12) Advanced Medical Technology Association BayBio BIOCOM California Healthcare Institute Pharmaceutical Research and Manufacturers of America Silicon Valley Leadership Group ARGUMENTS IN SUPPORT : This bill is supported by the California Healthcare Institute (CHI), which states that the duplicative regulation of drug and medical device manufacturers is a perfect example of onerous state regulations. According to CHI, California is the only state that has duplicate regulations requiring state-level permitting and inspection of drug and medical device facilities. According to CHI, the FDA performs stringent oversight of drug and device manufacturers, with approvals required and inspections taking place throughout the development process and on a regular basis thereafter. CHI states that duplicative state oversight and inspection place an increased financial burden on manufacturers in California. CHI stated that in one example, a company spent more than $200,000 and had more than 40 staff members involved in a FDB inspection that took 8 days to complete. CHI states that this was a routine inspection and did not find any health or safety problems, and was conducted less than six months after a comprehensive FDA inspection. ASSEMBLY FLOOR : 78-0, 5/19/11 AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, CONTINUED AB 1277 Page 7 Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Gorell CTW:n 8/8/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED