Compounding Pharmacists See FDA ’Overreach’

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International Academy of Compounding Pharmacists executive vice president Scott Brunner says FDA “has overreached in implementing provisions” of the Drug Quality and Security Act of 2013, “all but halting common compounding practices that have been safely performed for years and on which patients with legitimate need for compounded medications rely.” In a Stat post, Brunner says FDA has acted by circumventing the Administrative Procedure Act and instead issuing guidance documents to implement its policies.

According to the post, FDA has acted on its own authority and outside of congressional directives, as well as without heeding input from pharmacist, physician, and patient groups, to redefine terms such as “dispense” and “distribute” in ways that restrict what has been a basic function of pharmacists for decades.

“These restrictions, in turn, are likely to cause difficulty for patients in accessing and affording the medications they need,” Brunner writes.

He says FDA could fix many of the problems it has created without formal congressional action by listening to and working with state boards of pharmacy as well as pharmacist, prescriber, and patient groups to find middle ground through a regulatory framework that respects the primary role of states in regulating compounding pharmacies while assuring practices that thoroughly protect patients who rely on compounded drugs.

If FDA doesn’t change his approach, Brunner says, Congress may need to get involved and move bipartisan legislation, the Preserving Patient Access to Compounded Medications Act (H.R. 1959).

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