Defense Bill Language Could Usurp FDA Emergency Approvals
Legislative language in an FY 2018 Defense Department spending bill would give the military the authority to approve the emergency use of medical products, outside the U.S., in situations in which an emergency use of an unapproved product or an emergency unapproved use of an approved product cannot be authorized under FDA’s current statutory authority. The bill, S.1519 — National Defense Authorization Act for Fiscal Year 2018, is currently being reviewed by a conference committee. Politico reports that congressional staff and Health and Human Services officials are alarmed because it would undermine FDA’s role and “potentially put soldiers at risk.”
A Senate conference report notes that “hemorrhage is a leading cause of survivable death from battlefield wounds, and complex blood components, when used in a battlefield environment, can quickly control hemorrhage and save lives. Traditional pathways to the Food and Drug Administration's approval and licensure of critical medical products, like freeze dried plasma, for battlefield use are too slow to allow for rapid insertion and use of these products on the battlefield. The committee believes this provision could lead to even higher survival rates from severe battlefield wounds suffered by service members.
Politico was told by congressional staff that the report language is so broad it would open the door for the military to approve a wide range of products and treatments. “For instance, the Defense Department could plausibly approve a vaccine for soldiers who come down with the flu while deployed,” one congressional aide told Politico.
FDA reportedly offered an alternative proposal, which would have expedited drug and device reviews and approval upon a Defense Department request, but the language wasn’t accepted. Agency officials declined to comment on the report because it does not comment on pending legislation.