Compounding ‘Clinical Need’ Petition Denied
FDA has denied a 9/30/20 petition submitted by the Outsourcing Facilities Association asking that the agency issue a regulation defining “clinical need” and establish a list of bulk drug substances for which there is a clinical need. The agency denial letter says the petition asked FDA to define “clinical need” to mean a healthcare practitioner’s intent or determination to prescribe or administer a compounded drug product containing the bulk drug substances in the healthcare setting for his or her patients.
FDA says the proposed definition is contrary to law and would undermine the law’s public health purpose. The letter says Congress required FDA to consider the drug products that outsourcing facilities propose to compound with the bulk drug substance and the need for such compounded products in light of available FDA-approved drugs.
“The agency’s review provides critical public health protections and helps ensure that outsourcing facilities do not operate as conventional manufacturers,” the letter says. “It protects patients by helping to ensure they are not unnecessarily exposed to compounded drugs that have not been subject to premarket review for safety or efficacy when an FDA-approved drug is available. It also protects the integrity of the drug approval process. The definition of clinical need proposed by the petition … would impermissibly narrow, and apparently even eliminate, this critical task that Congress charged the agency to perform.”
The denial letter also says FDA has interpreted clinical need through a “robust and transparent process.”