(a) Establishment
The Secretary shall maintain an up-to-date list of drugs that are determined by the Secretary to be in shortage in the United States.
(b) ContentsFor each drug on such list, the Secretary shall include the following information:
(1)
The name of the
drug in shortage, including the National
Drug Code number for such
drug.
(2)
The name of each manufacturer of such
drug.
(3) The reason for the shortage, as determined by the Secretary, selecting from the following categories:
(A)
Requirements related to complying with good manufacturing practices.
(C)
Shortage of an active ingredient.
(D)
Shortage of an inactive ingredient component.
(E)
Discontinuance of the manufacture of the
drug.
(F)
Delay in shipping of the
drug.
(G)
Demand increase for the
drug.
(4)
The estimated duration of the shortage as determined by the
Secretary.
(c) Public availability
(1) In general
Subject to paragraphs (2) and (3), the Secretary shall make the information in such list publicly available.
(2) Trade secrets and confidential information
(3) Public health exception
The Secretary may choose not to make information collected under this section publicly available under paragraph (1) or section 356c(c) of this title if the Secretary determines that disclosure of such information would adversely affect the public health (such as by increasing the possibility of hoarding or other disruption of the availability of drug products to patients).
(d) Interagency notification
Not later than 180 days after March 27, 2020, and every 90 days thereafter, the Secretary shall transmit a report regarding the drugs of the current drug shortage list under this section to the Administrator of the Centers for Medicare & Medicaid Services.
(June 25, 1938, ch. 675, § 506E, as added
Pub. L. 112–144, title X, § 1004,
July 9, 2012,
126 Stat. 1104; amended
Pub. L. 114–255, div. A, title III, § 3101(a)(2)(G),
Dec. 13, 2016,
130 Stat. 1153;
Pub. L. 116–136, div. A, title III, § 3112(c),
Mar. 27, 2020,
134 Stat. 362.)
Amendments
2020—Subsec. (d). Pub. L. 116–136 added subsec. (d).
2016—Subsec. (b)(3)(E). Pub. L. 114–255, which directed substitution of “discontinuance” for “discontinuation”, was executed by substituting “Discontinuance” for “Discontinuation” to reflect the probable intent of Congress.
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