us-fda-guidance-0f16e78e4b83a5cac0c934c54d757b37•Hospital and Health System Compounding Under Section 503A of the Federal Food, Drug, and Cosmetic Act Guidance for Industry
Hospital and Health System Compounding Under Section 503A of the Federal Food, Drug, and Cosmetic Act Guidance for Industry
us-fda-guidance-0f16e78e4b83a5cac0c934c54d757b37Hospital and Health System Compounding Under Section 503A of the Federal Food, Drug, and Cosmetic Act Guidance for IndustryDraft Guidance
Administrative draft guidance, not enacted legislation. This captured publisher edition preserves the listed document and attachments; later developments are not independently consolidated.
- Docket Number:
- FDA-2016-D-0271
- Issued by:
- Guidance Issuing OfficeCenter for Drug Evaluation and Research
Pharmacies located within a hospital, or standalone pharmacies that are part of a health system, frequently provide compounded drug products for administration within the hospital or health system. Some of these compounders seek to compound drugs under section 503A of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 353a) and others have registered with the Food and Drug Administration (FDA, the Agency, or we) as outsourcing facilities and are subject to section 503B of the FD&C Act (21 U.S.C. 353b).
This revised draft guidance describes how FDA intends to apply certain provisions of section 503A of the FD&C Act to human drug products that are compounded by state-licensed pharmacies that are not outsourcing facilities for distribution within a hospital or health system. First, the revised draft guidance addresses the requirement that compounding be based on the receipt of a valid prescription order for an identified individual patient (section 503A(a) of the FD&C Act). Second, it addresses the provision concerning compounded drug products that are essentially copies of a commercially available drug product (section 503A(b)(1)(D) of the FD&C Act). This guidance does not apply to human drug products compounded by outsourcing facilities under section 503B of the FD&C Act, compounded drug products that are not distributed for use within a hospital or health system, or drug products compounded for use in animals.
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Hospital and Health System Compounding Under Section 503A of the Federal Food, Drug, and Cosmetic Act Guidance for Industry DRAFT GUIDANCE This guidance document is being distributed for comment purposes only. Comments and suggestions regarding this draft document should be submitted within 60 days of publication in the Federal Register of the notice announcing the availability of the draft guidance. Submit electronic comments to https://www.regulations.gov. Submit written comments to the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. All comments should be identified with the docket number listed in the notice of availability that publishes in the Federal Register. For questions regarding this draft document, contact Tracy Rupp, 301-796-3100, Office of Compounding Quality and Compliance (OCQC). U.S. Department of Health and Human Services Food and Drug Administration Center for Drug Evaluation and Research (CDER) Office of Compliance/Office of Compounding Quality and Compliance (OCQC) October 2021 Compounding Revision 1
Hospital and Health System Compounding Under Section 503A of the Federal Food, Drug, and Cosmetic Act Guidance for Industry Additional copies are available from: Office of Communications, Division of Drug Information Center for Drug Evaluation and Research Food and Drug Administration 10001 New Hampshire Ave., Hillandale Bldg., 4 th Floor Silver Spring, MD 20993-0002 Phone: 855-543-3784 or 301-796-3400; Fax: 301-431-6353 Email: druginfo@fda.hhs.gov https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs U.S. Department of Health and Human Services Food and Drug Administration Center for Drug Evaluation and Research (CDER) Office of Compliance/Office of Compounding Quality and Compliance (OCQC) October 2021 Compounding Revision 1
Contains Nonbinding Recommendations Draft — Not for Implementation TABLE OF CONTENTS I. INTRODUCTION AND SCOPE .................................................................................... 1 II. BACKGROUND ............................................................................................................... 2 A. Compounding Under Section 503A of the FD&C Act ................................................................ 2 B. Risks Associated With Compounded Drug Products ................................................................. 3 C. Compounding by Hospitals and Health Systems ........................................................................ 5 1. Compounding Based on the Receipt of Valid Prescriptions (e.g., Chart Orders) for Individually Identified Patients ................................................................................................................................ 5 2. Compounding of Drug Products That Are Essentially Copies ........................................................ 7 III. POLICY ............................................................................................................................. 8 A. The Prescription Requirement for Hospital and Health System Pharmacies Other Than Outsourcing Facilities ............................................................................................................................ 9 1. Part 1: Circumstances When FDA Generally Does Not Intend To Take Action ............................ 9 2. Part 2: Risk-Based Factors for Regulatory Action ....................................................................... 10 B. Hospital and Health System Compounding of Drug Products That Are Essentially Copies Under Section 503A of the FD&C Act ................................................................................................ 11
Contains Nonbinding Recommendations Draft — Not for Implementation 1 Hospital and Health System Compounding Under Section 503A of 1 the Federal Food, Drug, and Cosmetic Act 2 Guidance for Industry1 3 4 5 This draft guidance, when finalized, will represent the current thinking of the Food and Drug Administration 6 (FDA or Agency) on this topic. It does not establish any rights for any person and is not binding on FDA 7 or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes 8 and regulations. To discuss an alternative approach, contact the FDA staff responsible for this guidance as 9 listed on the title page. 10 11 12 13 14 I. INTRODUCTION AND SCOPE 15 16 Pharmacies located within a hospital, or standalone pharmacies that are part of a health system, 17 frequently provide compounded drug products for administration within the hospital or health 18 system.2 Some of these compounders seek to compound drugs under section 503A of the 19 Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 353a) and others have registered 20 with the Food and Drug Administration (FDA, the Agency, or we) as outsourcing facilities and 21 are subject to section 503B of the FD&C Act (21 U.S.C. 353b).3 22 23 This revised draft guidance describes how FDA intends to apply certain provisions of section 24 503A of the FD&C Act to human drug products that are compounded by state-licensed 25 pharmacies that are not outsourcing facilities for distribution within a hospital or health system. 26 First, the revised draft guidance addresses the requirement that compounding be based on the 27 receipt of a valid prescription order for an identified individual patient (section 503A(a) of the 28 FD&C Act). Second, it addresses the provision concerning compounded drug products that are 29 essentially copies of a commercially available drug product (section 503A(b)(1)(D) of the FD&C 30 Act). This guidance does not apply to human drug products compounded by outsourcing 31 facilities under section 503B of the FD&C Act, compounded drug products that are not 32 distributed for use within a hospital or health system, or drug products compounded for use in 33 animals. 34 35 36 1 This guidance has been prepared by multiple offices in the Center for Drug Evaluation and Research (CDER) and in consultation with the Office of Regulatory Affairs at the Food and Drug Administration. 2 For the purposes of this guidance, the term health system means an organization that includes at least one hospital and at least one group of physicians that provides comprehensive care (including primary and specialty care) who are connected with each other and with the hospital through common ownership or joint management. See the Agency for Healthcare Research and Quality’s web page “Compendium of U.S. Health Systems, 2018,” available at https://www.ahrq.gov/chsp/data-resources/compendium.html. 3 Title I of the Drug Quality and Security Act created a new section 503B of the FD&C Act, entitled “Outsourcing Facilities” (see Public Law 113-54, section 102(a), 127 Stat. 587, 587-588 (2013)).
Contains Nonbinding Recommendations Draft — Not for Implementation 2 The contents of this document do not have the force and effect of law and are not meant to bind 37 the public in any way, unless specifically incorporated into a contract. This document is intended 38 only to provide clarity to the public regarding existing requirements under the law. FDA 39 guidance documents, including this guidance, should be viewed only as recommendations, unless 40 specific regulatory or statutory requirements are cited. The use of the word should in FDA 41 guidance means that something is suggested or recommended, but not required. 42 43 44 II. BACKGROUND 45 46 Sections 503A and 503B of the FD&C Act address human drug compounding. 47 48 A. Compounding Under Section 503A of the FD&C Act 49 50 Section 503A of the FD&C Act describes the conditions that must be satisfied for human drug 51 products compounded by a licensed pharmacist in a State licensed pharmacy or Federal facility, 52 or by a licensed physician, to be exempt from certain provisions of the FD&C Act: 53 54 • Section 501(a)(2)(B) (concerning current good manufacturing practice (CGMP) 55 requirements) 56 57 • Section 502(f)(1) (concerning the labeling of drugs with adequate directions for use) 58 59 • Section 505 (concerning the approval of drugs under new drug applications or 60 abbreviated new drug applications) 61 62 A list of the conditions in section 503A of the FD&C Act that must be met for a compounded 63 drug product to qualify for the exemptions in that section appears in the guidance for industry 64 Pharmacy Compounding of Human Drug Products Under Section 503A of the Federal Food, 65 Drug, and Cosmetic Act (June 2016, Revision 2).4 66 67 One of the conditions that must be met for a compounded drug product to qualify for the 68 exemptions under section 503A of the FD&C Act is that it is compounded by a licensed 69 pharmacist in a State-licensed pharmacy or Federal facility, or by a licensed physician: 70 71 . . . for an identified individual patient based on the receipt of a valid prescription order 72 or a notation, approved by the prescribing practitioner, on the prescription order that a 73 compounded product is necessary for the identified patient.5 74 75 This means that the drug product is compounded either: (1) after the receipt of a valid 76 prescription order for an identified individual patient;6 or (2) in limited quantities before the 77 receipt of a valid prescription order for an identified individual patient, if based on a history of 78 4 We update guidances periodically. For the most recent version of a guidance, check the FDA guidance web page at https://www.fda.gov/regulatory-information/search-fda-guidance-documents. 5 See section 503A(a) of the FD&C Act. 6 See section 503A(a)(1) of the FD&C Act.
Contains Nonbinding Recommendations Draft — Not for Implementation 3 the compounder receiving orders for the compounding of the drug product and in the context of 79 certain established relationships.7 Section 503A of the FD&C Act does not provide for a 80 compounded drug product leaving the compounding facility before the receipt of the 81 prescription. In December 2016, FDA issued a guidance for industry setting forth FDA’s policy 82 concerning the statutory prescription requirement at section 503A(a) of the FD&C Act, entitled 83 Prescription Requirement Under Section 503A of the Federal Food, Drug, and Cosmetic Act.8 84 85 Another of the conditions in section 503A of the FD&C Act is that the drug product must be 86 compounded by a licensed pharmacist or a licensed physician that “does not compound regularly 87 or in inordinate amounts (as defined by [FDA]) any drug products that are essentially copies of a 88 commercially available drug product.”9 Section 503A of the FD&C Act further states that: 89 90 . . . the term ‘essentially a copy of a commercially available drug product’ does not 91 include a drug product in which there is a change, made for an identified individual 92 patient, which produces for that patient a significant difference, as determined by the 93 prescribing practitioner, between the compounded drug and the comparable commercially 94 available drug product.10 95 96 FDA issued a guidance for industry that set forth FDA’s policies concerning the “essentially a 97 copy” provision under section 503A of the FD&C Act, Compounded Drug Products That Are 98 Essentially Copies of a Commercially Available Drug Product Under Section 503A of the 99 Federal Food, Drug, and Cosmetic Act (January 2018) (503A copies guidance).11 100 101 B. Risks Associated With Compounded Drug Products 102 103 Compounded drug products can serve an important role for patients in hospitals and health 104 systems whose medical needs cannot be met by an FDA-approved drug product, such as a patient 105 who has an allergy and needs a medication to be made without a certain dye, or an elderly patient 106 or a child who cannot swallow a pill and needs a medicine in a liquid form that is not otherwise 107 available. Many hospital and health system pharmacies, for example, routinely compound oral 108 liquids from tablets or other dosage forms for use in pediatric units.12 109 110 Although compounded drug products can serve an important need, they pose a higher risk to 111 patients than FDA-approved drug products. Compounded drug products are not FDA-approved, 112 which means they have not undergone FDA premarket review for safety, effectiveness, and 113 quality. For these reasons, compounded drug products should only be used when an FDA- 114 approved product is not available to meet the medical needs of an individual patient. 115 7 See section 503A(a)(2) of the FD&C Act. 8 Available on the FDA guidance web page. 9 See section 503A(b)(1)(D) of the FD&C Act. 10 See section 503A(b)(2) of the FD&C Act. 11 See footnote 8. 12 In this guidance, hospital pharmacy refers to a pharmacy that is connected to a hospital through common ownership or joint management, and health system pharmacy refers to a pharmacy that is connected to a health system by common ownership or joint management. A pharmacy may be both a hospital pharmacy and a health system pharmacy. A hospital pharmacy or a health system pharmacy may also be an outsourcing facility. This guidance applies to hospital pharmacies and health system pharmacies that are not also outsourcing facilities.
Contains Nonbinding Recommendations Draft — Not for Implementation 4 116 In addition, licensed pharmacists and licensed physicians who compound drug products in 117 accordance with section 503A of the FD&C Act are not required to comply with CGMP 118 requirements (section 501(a)(2)(b) of the FD&C Act). Furthermore, FDA does not interact with 119 the vast majority of licensed pharmacists and licensed physicians who compound drug products 120 and seek to qualify for the exemptions under section 503A of the FD&C Act for the drug 121 products they compound because these compounders are not licensed by FDA and generally do 122 not register their compounding facilities with FDA. Therefore, FDA is often not aware of 123 potential problems with their compounded drug products or compounding practices unless it 124 receives a complaint such as a report of a serious adverse event or visible contamination. 125 126 In 2012, contaminated injectable drug products that a compounding pharmacy shipped to 127 patients and healthcare practitioners across the country caused a fungal meningitis outbreak that 128 resulted in over 60 deaths and over 750 cases of infection.13 This was the most serious of a long 129 history of outbreaks associated with contaminated compounded drug products. 130 131 Since the 2012 fungal meningitis outbreak, FDA has investigated numerous other outbreaks and 132 other serious adverse events, including deaths, associated with compounded drug products that 133 were contaminated or otherwise unsafe. For example, in 2019, FDA received a report 134 concerning seven patients who received an injectable drug product compounded with L- 135 glutathione and experienced adverse events consistent with reactions patients experience with 136 high levels of endotoxins. FDA’s testing of the L-glutathione samples confirmed higher levels 137 of endotoxin than is appropriate based on the dose of L-glutathione received intravenously. The 138 L-glutathione powder the compounding pharmacies received was labeled with “Caution: Dietary 139 Supplement” and should not have been used to compound sterile injectable drug products.14 In 140 2017, FDA received adverse event reports concerning at least 43 patients who were administered 141 eye injections of a compounded drug product during cataract surgery and later experienced 142 various adverse events, including vision impairment. FDA’s investigation revealed the presence 143 of an excipient in an amount that was much greater than what is found in FDA-approved 144 ophthalmic products.15 145 146 FDA has also identified many pharmacies that compounded drug products under insanitary 147 conditions whereby the drug products may have been contaminated with filth or rendered 148 injurious to health and that shipped the compounded drug products made under these conditions 149 to patients and health care providers in large volumes across the country.16 The longer a 150 compounded drug product that is contaminated is held by a pharmacist or physician before 151 13 See the Centers for Disease Control and Prevention’s web page “Multistate Outbreak of Fungal Meningitis and Other Infections,” available at http://www.cdc.gov/HAI/outbreaks/meningitis.html. 14 See FDA’s web page “FDA highlights concerns with using dietary ingredient glutathione to compound sterile injectables,” available at https://www.fda.gov/drugs/human-drug-compounding/fda-highlights-concerns-using- dietary-ingredient-glutathione-compound-sterile-injectables. 15 See FDA’s web page “FDA’s investigation into Guardian’s compounded triamcinolone-moxifloxacin drug product,” available at https://www.fda.gov/drugs/human-drug-compounding/fdas-investigation-guardians- compounded-triamcinolone-moxifloxacin-drug-product. 16 See FDA actions, including warning letters and injunctions related to insanitary conditions at compounding facilities, on the Agency’s web page “Compounding: Inspections, Recalls, and other Actions,” available at http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/ucm339771.htm.
Contains Nonbinding Recommendations Draft — Not for Implementation 5 distribution, or the longer it is held in inventory in a healthcare facility before administration, the 152 greater the likelihood of microbial proliferation and increased patient harm. 153 154 C. Compounding by Hospitals and Health Systems 155 156 To the extent that hospitals and health systems have a need for compounded drug products, FDA 157 encourages them to obtain such products from outsourcing facilities. Compounders 158 that elect to become outsourcing facilities must register with FDA, are subject to CGMP 159 requirements, and are inspected by FDA according to a risk-based schedule (section 503B of the 160 FD&C Act). This helps to mitigate the risk that their drug products will be contaminated or 161 otherwise made under substandard conditions. 162 163 However, we are aware that hospitals and health systems have a variety of distribution practices 164 for drug products that have been compounded in their pharmacies. For example, some 165 pharmacies compound drug products only for use in the hospital in which the pharmacy is 166 located (e.g., for the treatment of patients during a hospital admission, or for use in the hospital’s 167 emergency room), while some health system pharmacies distribute their drug products to other 168 facilities within their health system (e.g., to other hospitals, clinics, infusion centers, or long-term 169 care facilities within the health system). 170 171 Certain characteristics of hospital and health system pharmacies can differentiate them from 172 pharmacies that are not owned or managed by hospitals and health systems, and from 173 conventional manufacturers. For example, the scope of distribution of drug products 174 compounded by hospital and health system pharmacies is often limited, in that the pharmacies 175 generally compound drug products for practitioners who treat patients within the hospital or 176 health system and distribute the drug products only within the hospital or to related healthcare 177 system facilities that are generally located within close proximity to the pharmacy. Further, 178 when the hospital or health system and its pharmacy are connected by common ownership or 179 joint management, they may share recordkeeping systems and oversight that facilitate the 180 identification and investigation of adverse events or product quality issues associated with 181 compounded drugs. 182 183 1. Compounding Based on the Receipt of Valid Prescriptions (e.g., Chart Orders) 184 for Individually Identified Patients 185 186 In some cases, a hospital or health system pharmacy compounds drug products only after 187 receiving a prescription for an identified individual patient. Obtaining prescriptions for 188 individually identified patients accords with the prescription requirement in section 503A of the 189 FD&C Act and helps to ensure that compounded drug products are produced and distributed only 190 to patients with a medical need for the compounded drug product. We encourage all hospitals 191 and health systems to obtain prescriptions in accordance with section 503A of the FD&C Act. 192 193 We recognize, however, that hospital and health system pharmacies have sometimes also 194 compounded and distributed drug products within the hospital or health system before the receipt 195 of a patient-specific prescription, which would not satisfy the prescription requirement in section 196 503A of the FD&C Act. For example, a hospital or health system may maintain a supply of 197
Contains Nonbinding Recommendations Draft — Not for Implementation 6 certain compounded drug products within the hospital or health system but outside of the 198 pharmacy (e.g., in an emergency department, operating room, or automated dispensing machine) 199 in anticipation of a patient presenting with a critical need for the drug when there is no time for 200 the patient to wait for the hospital pharmacy to receive a prescription or order for that patient 201 before providing the drug. The hospital or health system then documents the prescription or 202 order in the patient’s chart. To the extent that hospitals or health systems treat patients for whom 203 an FDA-approved product is unavailable or not medically appropriate and have a medical need 204 for non-patient-specific compounded drug products to be held before the patient who will receive 205 them is identified, they should obtain those drug products from outsourcing facilities. 206 Outsourcing facilities, which are subject to CGMP requirements and other conditions that help to 207 ensure drug quality and a clinical need for the drug products they compound from bulk drug 208 substances, may compound and distribute drug products to healthcare facilities without first 209 receiving prescriptions for identified individual patients. 210 211 We encourage hospitals and health systems to look to outsourcing facilities, or to register their 212 pharmacies as outsourcing facilities, when they wish to obtain non-patient-specific compounded 213 drug products.17 214 215 FDA will make enforcement decisions on a case-by-case basis, recognizing that it needs to make 216 the best use of limited Agency resources. In considering action to achieve hospital and health 217 system compliance with the prescription requirement in section 503A of the FD&C Act, FDA 218 intends to focus on practices that pose the greatest risks to public health. FDA also intends to 219 prioritize actions that would protect both the integrity of the drug approval system on which 220 patients depend to protect drug quality, safety and effectiveness, and the important distinction 221 between compounding by outsourcing facilities and hospital and health system pharmacies that 222 are not outsourcing facilities. 223 224 FDA recognizes that outsourcing facilities may not always be able to meet medical needs for 225 non-patient-specific compounded drug products to be used in hospitals and health systems. On 226 the other hand, a health system pharmacy that compounds drug products without patient-specific 227 prescriptions for facilities within its health system could function as a large manufacturing 228 operation without the standards that normally apply to conventional manufacturers to help ensure 229 drug quality, safety, and effectiveness, and without the protections afforded by the prescription 230 requirement in section 503A of the FD&C Act. If such a pharmacy contaminates or otherwise 231 adulterates or misbrands drug products, these products have the potential to harm many patients. 232 The compounding of large quantities of unapproved drug products also has the potential to 233 17 To qualify for the exemptions under section 503B from sections 502(f)(1), 505, and 582 of the FD&C Act, drugs compounded by outsourcing facilities must meet all the conditions of section 503B of the FD&C Act. Outsourcing facilities must also comply with CGMP requirements in section 501(a)(2)(B) of the FD&C Act. For more information for entities considering whether to register with FDA as an outsourcing facility under section 503B of the FD&C Act, see FDA’s guidance for industry Guidance For Entities Considering Whether to Register As Outsourcing Facilities Under Section 503B of the Federal Food, Drug, and Cosmetic Act (August 2015). For more information about the process for registering as an outsourcing facility under section 503B of the FD&C Act, see the Agency’s guidance for industry Registration of Human Drug Compounding Outsourcing Facilities Under Section 503B of the FD&C Act (November 2014).
Contains Nonbinding Recommendations Draft — Not for Implementation 7 undermine the integrity of the drug approval process and the protections Congress sought to 234 create with outsourcing facility compounding. 235 236 Section III.A below discusses how FDA intends to prioritize enforcement of the prescription 237 requirement in section 503A of the FD&C Act with respect to hospitals and health systems based 238 on our current understanding of the risks. 239 240 2. Compounding of Drug Products That Are Essentially Copies 241 242 As stated above, to qualify for the exemptions under section 503A of the FD&C Act from 243 sections 501(a)(2)(B), 502(f)(1), and 505(a), a drug product must be compounded by a licensed 244 pharmacist or licensed physician who does not compound regularly or in inordinate amounts any 245 drug product that is essentially a copy of a commercially available drug product.18 Pursuant to 246 section 503A(b)(2) of the FD&C Act, a compounded drug product is not essentially a copy of a 247 commercially available drug product if a change is made to the commercially available drug 248 product for an identified individual patient, and the prescribing practitioner has determined that 249 the change will produce a significant difference for that patient. As described in FDA’s 503A 250 copies guidance, if a compounder intends to rely on such a determination to establish that a 251 compounded drug is not essentially a copy of a commercially available drug product, the 252 compounder should ensure that the determination is documented on the prescription. A drug 253 product is not considered to be commercially available if the drug product has been discontinued 254 and is no longer marketed or the drug product appears on the FDA drug shortage list in effect 255 under section 506E of the FD&C Act. 256 257 The restrictions on compounding drug products that are essentially copies of commercially 258 available drug products help to ensure that pharmacies, Federal facilities, and physicians do not 259 compound drug products under section 503A of the FD&C Act for use in patients who could use 260 an approved product. Compounding drug products that are essentially copies of these products 261 unnecessarily exposes patients to drug products that have not been shown to be safe and 262 effective. In addition to the immediate public health risks, the limitation in section 503A of the 263 FD&C Act on producing drug products that are essentially copies of a commercially available 264 drug product protects the integrity of the new drug and abbreviated new drug approval processes. 265 Applicants would be less likely to invest in, and seek approval of, innovative, lifesaving 266 medications if pharmacies could, after a drug is approved, compound “substitutes” that may be 267 less expensive because they have not gone through the drug approval process. 268 269 Accordingly, the “essentially a copy” provision of section 503A of the FD&C Act provides 270 important protections for public health. In general, FDA intends to apply the policies described 271 in the 503A copies guidance when it regulates compounding by hospital and health system 272 pharmacies that are not registered as outsourcing facilities. However, the Agency has also 273 concluded that certain compliance policies described in the 503A copies guidance regarding the 274 documentation of a prescriber’s determination of significant difference are appropriately 275 modified when drug products are compounded by hospital and health system pharmacies that are 276 not outsourcing facilities. In the hospital and health system setting, medication orders generally 277 18 See section 503A(b)(1)(D) of the FD&C Act.
Contains Nonbinding Recommendations Draft — Not for Implementation 8 are for a limited amount of a drug product, to be used over a relatively brief period of time, and 278 medications may frequently need to be re-ordered or modified after an initial administration, 279 even though the patient and the condition that led the prescriber to order a compounded drug 280 product have not changed. Additionally, decisions about when and how to use medications are 281 often made under medication-use policies set by a pharmacy and therapeutics (P&T) committee 282 (or its equivalent) that prescribers are expected to follow.19 The P&T committees are comprised 283 of medical staff that develop policies to support the appropriate use of medications within the 284 hospital and health system. Such P&T committees are common in hospitals and health systems 285 and the activities they perform are a requirement for accreditation by some accrediting 286 organizations, such as The Joint Commission.20 For example, a P&T committee may determine 287 that all patients in a neonatal unit administered certain oral medications should receive a 288 compounded liquid dosage form because the approved drug product, available only in a tablet 289 formulation, is medically inappropriate for them. 290 291 Accordingly, at this time and based on our current understanding of the risks of compounded 292 drug products, section III below sets forth a compliance policy regarding the prescription 293 requirement and essentially a copy provision for drug products that are compounded by hospitals 294 and health system pharmacies under section 503A of the FD&C Act. 295 296 297 III. POLICY 298 299 In the discussion that follows, we describe our current intent regarding prioritizing our 300 enforcement resources with respect to drug compounding by hospital and health system 301 pharmacies that are not outsourcing facilities. 302 303 FDA will make enforcement decisions on a case-by-case basis, recognizing that the Agency is 304 unable, as a practical matter, to take enforcement action against every violation, and that it needs 305 to make the best use of limited Agency resources. FDA intends to prioritize enforcement based 306 on the considerations articulated in this guidance. 307 308 This guidance does not in any way alter the fact that compounded drugs must meet the 309 conditions in section 503A of the FD&C Act to qualify for the exemptions in that section. The 310 Agency retains discretion to pursue enforcement action at any time if hospital and health system 311 pharmacies that are not outsourcing facilities do not compound drugs in accordance with the 312 prescription requirement, or if a drug product that is essentially a copy of a commercially 313 19 For this guidance, the term pharmacy and therapeutics committee is an advisory committee that is responsible for developing, managing, updating, and administering a formulary system. A formulary system is an ongoing process whereby a health care organization, through its physicians, pharmacists, and other health care professionals, establishes policies on the use of drug products and therapies and identifies drug products and therapies that are the most medically appropriate and cost-effective to best serve the health interests of a given patient population. See the American Society of Health-System Pharmacists, 2006, Principles of a Sound Drug Formulary System. In B Hawkins, editor, Best Practices for Hospital & Health-System Pharmacy: Position & Guidance Documents of ASHP, 2006-2007 Edition, Bethesda (MD): ASHP, 110–113. 20 The Medication Management Standards in The Joint Commission’s Hospital Accreditation Program (HAP) require hospitals to have policies governing the use of medications within the facility. For additional information on The Joint Commission, see the Commission’s website at https://www.jointcommission.org.
Contains Nonbinding Recommendations Draft — Not for Implementation 9 available drug product is compounded regularly or in inordinate amounts, regardless of whether 314 such conduct would generally be a lower enforcement priority based on the priorities articulated 315 in this guidance. 316 317 A. The Prescription Requirement for Hospital and Health System Pharmacies 318 Other Than Outsourcing Facilities 319 320 To qualify for the exemptions from sections 501(a)(2)(B) (concerning CGMP requirements), 321 502(f)(1) (concerning labeling of drugs with adequate directions for use), and 505 (concerning 322 FDA approval of drugs under new drug applications or abbreviated new drug applications) of the 323 FD&C Act under section 503A of the FD&C Act, a drug product compounded by a licensed 324 pharmacist in a State-licensed pharmacy or Federal facility, or by a licensed physician, must be 325 compounded in accordance with all of the provisions of section 503A of the FD&C Act, 326 including when such compounding takes place in a hospital or health system pharmacy. 327 328 With respect to the prescription requirement in section 503A of the FD&C Act, FDA intends to 329 focus its regulatory attention on practices that, based on our current understanding of the risks of 330 compounded drug products, pose the greatest risks to public health.21 We also intend to focus 331 enforcement to protect the integrity of the drug approval system on which patients depend to 332 protect drug quality, safety, and effectiveness, and the important distinction between 333 compounding by outsourcing facilities and by hospital and health system pharmacies that are not 334 outsourcing facilities. 335 336 FDA’s compliance policy regarding hospital and health system pharmacies that are not 337 outsourcing facilities falls into two parts: Part 1 describes limited circumstances in which the 338 Agency generally does not intend to take action. If the circumstances described in Part 1 are not 339 present, FDA generally intends to consider the risk-based factors for regulatory action described 340 in Part 2. 341 342 1. Part 1: Circumstances When FDA Generally Does Not Intend To Take Action 343 344 FDA generally does not intend to take action with respect to the prescription requirement in 345 section 503A of the FD&C Act if a hospital or health system pharmacy that is not an outsourcing 346 facility compounds and distributes a compounded drug product without first receiving a valid 347 prescription order (including a chart order) for an identified individual patient (see section 348 503A(a) of the FD&C Act) when the practice is strictly limited and controlled and the following 349 circumstances are present: 350 351 (1) The compounded drug products are administered only to patients within the hospital or 352 health system.22 353 21 For more information on the prescription requirement, including anticipatory compounding policies, see FDA’s guidance for industry Prescription Requirement Under Section 503A of the Federal Food, Drug, and Cosmetic Act (December 2016). 22 Administration within the hospital or health system does not include providing units of a drug product to a patient for use outside the hospital or health system, such as a bottle of compounded pills or a liquid for use at home.
Contains Nonbinding Recommendations Draft — Not for Implementation 10 354 (2) The compounded drug products are used or discarded within 24 hours of transfer out of 355 the pharmacy.23 356 357 (3) The drug products are compounded in accordance with all other applicable requirements 358 of the FD&C Act and FDA regulations (e.g., the drug products are not made under 359 insanitary conditions (section 501(a)(2)(A)) or misbranded (e.g., section 502(g)). 360 361 2. Part 2: Risk-Based Factors for Regulatory Action 362 363 With respect to a hospital or health system pharmacy that does not compound drug products 364 within the limits and controls described above, the Agency intends to prioritize its regulatory 365 actions with respect to the prescription requirement to focus on the potential for harm to the 366 public health and to the integrity of the drug approval system. At this time and based on the 367 Agency’s current understanding of the risks, FDA generally intends to assess the following 368 considerations in prioritizing its compliance and enforcement resources: 369 370 • Evidence of poor compounding practices or lack of sterility assurance. For example, 371 the pharmacy compounds drug products under insanitary conditions, such as microbial 372 contamination, performing aseptic manipulations with exposed hair or skin, and exposing 373 sterile drug products and materials to lower than ISO 5 quality air.24 374 375 • Non-patient-specific compounded drug products not for emergency uses. Drug 376 products are compounded and sent out of the pharmacy before the receipt of a patient- 377 specific prescription in an amount that exceeds the amount needed for emergency 378 situations (e.g., immediate administration for unplanned procedures in emergency or 379 operating rooms). 380 381 • Routine, large amounts of non-patient-specific compounded drug products. The 382 pharmacy routinely compounds a large total number of compounded drug products that 383 are sent out of the pharmacy before the receipt of valid prescriptions or orders for 384 individually identified patients. 385 386 However, administration within the hospital or health system includes scenarios where administration of a drug product is initiated at the hospital or health system facility, where the drug product is later transferred with the patient when he or she leaves the facility. For example, an infusion may be initiated in the health care facility and subsequently transitioned to the home setting using the same IV bag containing the product that was compounded by the health care facility. 23 Such a limit mitigates concerns about the amount and scope of distribution of the compounded drug product. FDA selected 24 hours as the window within which compounded drug products be used or discarded because the Agency has heard from stakeholders that non-patient-specific drugs are needed for emergency uses. FDA anticipates that non-patient-specific compounded drugs that are kept on hand for longer periods can and should be obtained from outsourcing facilities because outsourcing facilities can compound and distribute drugs without receiving patient- specific prescriptions and, because they are subject to CGMPs, conduct appropriate stability tests and have more robust sterility assurance practices. 24 For more examples of insanitary conditions, see FDA’s guidance for industry Insanitary Conditions at Compounding Facilities (November 2020).
Contains Nonbinding Recommendations Draft — Not for Implementation 11 • Routine interstate distribution of large amounts of non-patient-specific compounded 387 drug products. The pharmacy routinely engages in interstate distribution of large 388 amounts of compounded drug products, including distribution within the hospital or 389 health system, without first receiving valid prescriptions for individually identified 390 patients, particularly when the hospital or health system pharmacy is not located near a 391 state border or when it distributes such products to multiple states. 392 393 • No procedures to obtain non-patient-specific compounded drug products from an 394 outsourcing facility. The hospital or health system lacks procedures to obtain non- 395 patient specific compounded drug products from an outsourcing facility where such 396 products are available and appropriate. 397 398 The above policy is intended to focus FDA’s regulatory efforts. FDA encourages hospitals and 399 health systems to obtain any non-patient-specific compounded drug products they may need 400 from outsourcing facilities where that is possible, and to consider registering their pharmacies as 401 outsourcing facilities. 402 403 B. Hospital and Health System Compounding of Drug Products That Are 404 Essentially Copies Under Section 503A of the FD&C Act 405 406 At this time and based on the Agency’s current understanding of risks, FDA generally does not 407 intend to take action against a hospital or health system pharmacy that is not an outsourcing 408 facility for compounding a drug product regularly or in inordinate amounts that is essentially a 409 copy of a commercially available drug product when the following circumstances are present: 410 411 • The compounded drug product is administered only to patients within the hospital or 412 health system.25 413 414 • The pharmacy obtains from the prescriber a statement that: specifies a change between 415 the compounded drug product and the commercially available drug product; indicates 416 that the compounded drug product will be administered only to patients for whom the 417 change produces a significant difference from the commercially available drug product; 418 and describes the intended patient population for the compounded drug product.26 419 420 • A statement is on file for each prescriber that covers each drug product that is 421 compounded. 422 423 • The statement is maintained in the hospital or health system pharmacy to address routine 424 orders for patients for whom the change produces a significant difference. 425 426 25 See footnote 22. 26 The 503A copies guidance provides information about FDA’s policies regarding compounding drug products that are on the FDA Drug Shortage List.
Contains Nonbinding Recommendations Draft — Not for Implementation 12 Except as stated above, FDA intends to apply the policies described in its 503A copies guidance 427 to drug products compounded by hospital and health system pharmacies that are not outsourcing 428 facilities.27 429 27 Id.
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