117th CONGRESS 2d Session |
To provide for a period of exclusivity for first interchangeable biological products.
May 25, 2022
Mr. Kaine (for himself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To provide for a period of exclusivity for first interchangeable biological products.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Interchangeable Biologics Clarity Act”.
SEC. 2. Clarifications to exclusivity provisions for first interchangeable biosimilar biological products.
Section 351(k)(6) of the Public Health Service Act (42 U.S.C. 262(k)(6)) is amended—
(1) in the matter preceding subparagraph (A)—
(A) by striking “Upon review of” and inserting “The Secretary shall not make approval effective of”;
(B) by striking “relying on” and inserting “for an interchangeable biological product that relies on”; and
(C) by striking “the Secretary shall not make a determination under paragraph (4) that the second or subsequent biological product is interchangeable for any condition of use”; and
(2) in the flush text that follows subparagraph (C), by striking the period and inserting “, and the term ‘first interchangeable biosimilar biological product’ means any interchangeable biosimilar biological product that is approved on the first day on which such a product is approved as interchangeable with the reference product.”.