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42 U.S.C. § 300cc–14Evaluation of certain treatments

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 323 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must run a program to study unapproved drugs that people with AIDS are already using on their own. The program checks how well these drugs work and how risky they are, including the risk of skipping FDA-approved treatments. The Secretary funds this through grants and must follow ethics guidelines made with doctors and infected patients.

(a) Establishment of program: (1) After consulting the AIDS Research Advisory Committee set up under section 300cc–3, the Secretary must create a program to evaluate drugs that (A) the FDA has not approved for treating AIDS, but that (B) people infected with the AIDS virus are using anyway to treat it. (2) This program must evaluate both how effective these unapproved treatments are and how risky they are, including the risk of skipping FDA-approved treatments instead. (b) Authority with respect to grants and contracts: (1) To run the evaluations described in (a), the Secretary may give grants to, and sign cooperative agreements and contracts with, public agencies and nonprofit private groups. (2) Those nonprofit groups can include ones that (A) exist specifically to evaluate AIDS treatments and (B) are made up mostly of people infected with the AIDS virus. (c) Scientific and ethical guidelines: (1) The Secretary must write appropriate scientific and ethical guidelines for how these evaluations are run. The Secretary cannot give money under (b)(1) unless the applicant agrees to follow these guidelines. (2) The Secretary can only write these guidelines after consulting three groups: (A) doctors whose practice includes a significant number of AIDS patients, (B) people who are themselves infected with the AIDS virus, and (C) other people with relevant expertise or experience. (d) Authorization of appropriations: Congress could appropriate whatever money was needed to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment of program
(1)

After consultation with the AIDS Research Advisory Committee established pursuant to section 300cc–3 of this title, the Secretary shall establish a program for the evaluation of drugs that—

(A)

are not approved by the Commissioner of Food and Drugs for the purpose of treatments with respect to acquired immune deficiency syndrome; and

(B)

are being utilized for such purpose by individuals infected with the etiologic agent for such syndrome.

(2)

The program established under paragraph (1) shall include evaluations of the effectiveness and the risks of the treatment involved, including the risks of foregoing treatments with respect to acquired immune deficiency syndrome that are approved by the Commissioner of Food and Drugs.

(b) Authority with respect to grants and contracts
(1)

For the purpose of conducting evaluations required in subsection (a), the Secretary may make grants to, and enter into cooperative agreements and contracts with, public and nonprofit private entities.

(2)

Nonprofit private entities under paragraph (1) may include nonprofit private organizations that—

(A)

are established for the purpose of evaluating treatments with respect to acquired immune deficiency syndrome; and

(B)

consist primarily of individuals infected with the etiologic agent for such syndrome.

(c) Scientific and ethical guidelines
(1)

The Secretary shall establish appropriate scientific and ethical guidelines for the conduct of evaluations carried out pursuant to this section. The Secretary may not provide financial assistance under subsection (b)(1) unless the applicant for such assistance agrees to comply with such guidelines.

(2)

The Secretary may establish the guidelines described in paragraph (1) only after consulting with—

(A)

physicians whose clinical practice includes a significant number of individuals with acquired immune deficiency syndrome;

(B)

individuals who are infected with the etiologic agent for such syndrome; and

(C)

other individuals with appropriate expertise or experience.

(d) Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary.

Source credit: (July 1, 1944, ch. 373, title XXIII, § 2314, as added Pub. L. 100–607, title II, § 201(4), Nov. 4, 1988, 102 Stat. 3069; amended Pub. L. 103–43, title XX, § 2008(d)(3), June 10, 1993, 107 Stat. 212.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-607 · 102 Stat. 3069
  • 1993Amended · Pub. L. 103-43 · 107 Stat. 212

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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