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Title 21 — Food and Drugs

Chapter 9 — Federal Food, Drug, and Cosmetic Act

§ 393a. Office of Pediatric Therapeutics

Statutory text

(a)

Establishment

The Secretary of Health and Human Services shall establish an Office of Pediatric Therapeutics within the Food and Drug Administration.

(b)

Duties

The Office of Pediatric Therapeutics shall be responsible for coordination and facilitation of all activities of the Food and Drug Administration that may have any effect on a pediatric population or the practice of pediatrics or may in any other way involve pediatric issues, including increasing pediatric access to medical devices.

(c)

Staff

The staff of the Office of Pediatric Therapeutics shall coordinate with employees of the Department of Health and Human Services who exercise responsibilities relating to pediatric therapeutics and shall include—

(1)

one or more additional individuals with expertise concerning ethical issues presented by the conduct of clinical research in the pediatric population;

(2)

subject to subsection (d), one or more additional individuals with necessary expertise in a pediatric subpopulation that is, as determined through consideration of the reports and recommendations issued by the Institute of Medicine and the Comptroller General of the United States, less likely to be studied as a part of a written request issued under section 355a of this title or an assessment under section 355c of this title;

(3)

one or more additional individuals with expertise in pediatric epidemiology; and

(4)

one or more additional individuals with expertise in pediatrics as may be necessary to perform the activities described in subsection (b).

(d)

Neonatology expertise

At least one of the individuals described in subsection (c)(2) shall have expertise in neonatology.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Best Pharmaceuticals for Children Act

    Pub. L. 107–109 § 6 · 115 Stat. 1408

    Enacted · 21 U.S.C. § 393a

    Pub. L. 107–109, § 6, Jan. 4, 2002, 115 Stat. 1414

    Source evidence

    Code source credit
    Pub. L. 107–109, § 6, Jan. 4, 2002, 115 Stat. 1414

    Enacted provision · exact public law section
    SEC. 6. OFFICE OF PEDIATRIC THERAPEUTICS. (a) Establishment.— The Secretary of Health and Human Services shall establish an Office of Pediatric Therapeutics within the Food and Ding Administration. (b) Duties.— The Office of Pediatric Therapeutics shall be responsible for coordination and facilitation of all activities of the Food and Drug Administration that may have any effect on a pediatric population or the practice of pediatrics or may in any other way involve pediatric issues. (c) Staff.— The staff of the Office of Pediatric Therapeutics shall coordinate with employees of the Department of Health and Human Services who exercise responsibilities relating to pediatric therapeutics and shall include— (1) one or more additional individuals with expertise concerning ethical issues presented by the conduct of clinical research in the pediatric population; and (2) one or more additional individuals with expertise in pediatrics as may be necessary to perform the activities described in subsection (b).

  2. Pediatric Medical Device Safety and Improvement Act of 2007

    Pub. L. 110–85 title III § 306(a) · 121 Stat. 823

    Inserted · 21 U.S.C. § 393a(b)

    Pub. L. 110–85 inserted “, including increasing pediatric access to medical devices” before period at end

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–85 inserted “, including increasing pediatric access to medical devices” before period at end.

    Enacted provision · exact public law section
    (a) Office of Pediatric Therapeutics.— Section 6(b) of the Best Pharmaceuticals for Children Act (21 U.S.C. 393a(b)) is amended by inserting “, including increasing pediatric access to medical devices” after “pediatric issues”.

  3. Food and Drug Administration Safety and Innovation Act

    Pub. L. 112–144 § 511(1) · 126 Stat. 993

    1. Added · 21 U.S.C. § 393a(c)(2)(4)

      Pub. L. 112–144, § 511(1), added pars. (2) and (3)

    2. Redesignated · 21 U.S.C. § 393a(c)(2)(4)

      Pub. L. 112–144, § 511(1), redesignated former par. (2) as (4)

    Source evidence

    Code amendment note
    Subsec. (c)(2) to (4). Pub. L. 112–144, § 511(1), added pars. (2) and (3) and redesignated former par. (2) as (4).

    Enacted provision · exact public law section
    (1) in subsection (c)— (A) in paragraph (1), by striking “and” at the end; (B) by redesignating paragraph (2) as paragraph (4); and (C) by inserting after paragraph (1) the following: “(2) subject to subsection (d), one or more additional individuals with necessary expertise in a pediatric subpopulation that is, as determined through consideration of the reports and recommendations issued by the Institute of Medicine and the Comptroller General of the United States, less likely to be studied as a part of a written request issued under section 505A of the Federal Food, Drug, and Cosmetic Act or an assessment under section 505B of such Act; “(3) one or more additional individuals with expertise in pediatric epidemiology; and” ; and

  4. Food and Drug Administration Safety and Innovation Act

    Pub. L. 112–144 § 511(2) · 126 Stat. 993

    Added · 21 U.S.C. § 393a(d)

    Pub. L. 112–144, § 511(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–144, § 511(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(d) Neonatology Expertise.— Time period. Effective date. For the 5-year period beginning on the date of enactment of this subsection, at least one of the individuals described in subsection (c)(2) shall have expertise in neonatology.” .

  5. FDA Reauthorization Act of 2017

    Pub. L. 115–52 title V § 505(d)(1) · 131 Stat. 1005

    Substituted · 21 U.S.C. § 393a(d)

    Pub. L. 115–52 substituted “At least” for “For the 5-year period beginning on July 9, 2012, at least”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 115–52 substituted “At least” for “For the 5-year period beginning on July 9, 2012, at least”.

    Enacted provision · exact public law section
    (1) In general.— Section 6(d) of the Best Pharmaceuticals for Children Act (21 U.S.C. 393a(d)) is amended by striking “For the 5-year period beginning on the date of enactment of this subsection, at” and inserting “At”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Best Pharmaceuticals for Children Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

Amendments2007–2017 · 3 rounds

2017

Subsec. (d). Pub. L. 115–52 substituted “At least” for “For the 5-year period beginning on , at least”.

2012

Subsec. (c)(2) to (4). Pub. L. 112–144, § 511(1), added pars. (2) and (3) and redesignated former par. (2) as (4).

Subsec. (d). Pub. L. 112–144, § 511(2), added subsec. (d).

2007

Subsec. (b). Pub. L. 110–85 inserted “, including increasing pediatric access to medical devices” before period at end.

Credits

2002–2017 · 4 acts
  1. 2002Pub. L. 107–109, § 6, , 115 Stat. 1414
  2. 2007Pub. L. 110–85, title III, § 306(a), , 121 Stat. 864
  3. 2012Pub. L. 112–144, title V, § 511, , 126 Stat. 1050
  4. 2017Pub. L. 115–52, title V, § 505(d)(1), , 131 Stat. 1047.
Show as published

(Pub. L. 107–109, § 6, , 115 Stat. 1414; Pub. L. 110–85, title III, § 306(a), , 121 Stat. 864; Pub. L. 112–144, title V, § 511, , 126 Stat. 1050; Pub. L. 115–52, title V, § 505(d)(1), , 131 Stat. 1047.)

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