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57300 Federal Register / Vol. 70, No.

189 / Friday, September 30, 2005 / Notices

DEPARTMENT OF HEALTH AND Dated: September 26, 2005. 11), Food and Drug Administration,
HUMAN SERVICES Jacquelyn Y. White, 5600 Fishers Lane, Rockville, MD
Director, Office of Strategic Operations and 20857, 301–827–3360.
Centers for Medicare & Medicaid Regulatory Affairs. SUPPLEMENTARY INFORMATION:
Services [FR Doc. 05–19611 Filed 9–29–05; 8:45 am]
I. Background
BILLING CODE 4120–01–P
[CMS–1307–CN] The timely dissemination of
communications about recalls of FDA
DEPARTMENT OF HEALTH AND regulated products, important drug
RIN 0938–ZA74
HUMAN SERVICES safety information, and other important
Medicare Program; Criteria and product safety information is essential
Standards for Evaluating Intermediary, Food and Drug Administration for the protection of the public health.
Carrier, and Durable Medical [Docket No. 2005D–0385]
We have encouraged manufacturers to
Equipment, Prosthetics, Orthotics, and provide such information in a timely
Supplies (DMEPOS) Regional Carrier Draft Guidance for Industry on Using manner to distributors, doctors, and
Performance During Fiscal Year 2006; Electronic Means to Distribute Certain others. Over the years, we have worked
Correction Notice Product Information; Availability with manufacturers to promote the use
of electronic methods of communication
AGENCY: Centers for Medicare & AGENCY: Food and Drug Administration, and encourage the use of innovative
Medicaid Services (CMS), HHS. HHS. technologies to disseminate safety
ACTION: Correction notice. ACTION: Notice. information, particularly those that
provide a public health benefit. We are
SUMMARY: The Food and Drug making clear in the draft guidance that
SUMMARY: This document corrects
technical errors that appeared in the Administration (FDA) is announcing the manufacturers may disseminate the
general notice with comment period availability of a draft guidance for communications discussed in §§ 7.49
published in the Federal Register on industry entitled ‘‘Guidance for and 200.5 (21 CFR 7.49 and 200.5) by
September 23, 2005 entitled ‘‘Medicare Industry: Using Electronic Means to e-mail or other electronic methods. The
Program; Criteria and Standards for Distribute Certain Product Information,’’ draft guidance also applies to those
Evaluating Intermediary, Carrier, and dated September 2005. The draft instances, not addressed in any
Durable Medical Equipment, guidance explains that persons can regulation, where we recommend that
Prosthetics, Orthotics and Supplies distribute certain product information, manufacturers and distributors
(DMEPOS) Regional Carrier such as for recalls and drug safety, by voluntarily convey certain safety
Performance During Fiscal Year 2006.’’ electronic means. We encourage the use information about their products to
of electronic communications for members of the public.
EFFECTIVE DATE: This correction is conveying all such important product The use of e-mail and other electronic
effective October 1, 2005. safety information. We are making clear communications has dramatically
FOR FURTHER INFORMATION CONTACT: in this draft guidance that changed how we and the public convey
Richard Johnson, (410) 786–5633. manufacturers may disseminate information. Electronic communications
SUPPLEMENTARY INFORMATION: communications by e-mail or other have a number of advantages over
electronic methods. paper-based communications. They can
I. Background DATES: Submit written or electronic significantly shorten the time between
In FR Doc. 05–18923 of September 23, comments on the draft guidance by an event and the public’s knowledge of
2005 (70 FR 55887), there were November 29, 2005, to ensure their the event. When the event involves
technical errors that are identified and adequate consideration in preparation of product safety, it is even more
corrected in the Correction of Errors the final guidance. General comments important that accurate safety
section below. on agency guidance documents are information be transmitted rapidly. E-
welcome at any time. mail and other electronic
II. Correction of Errors communications are generally
ADDRESSES: Submit written requests for
In FR Doc. 05–18923 of September 23, considered more efficient and more
single copies of the draft guidance to the timely than regular or traditional mail.
2005 (70 FR 55887), make the following Office of Policy (HF–11), Office of the
corrections: These communications involve
Commissioner, Food and Drug considerably less cost to the sender than
1. On page 55887, in the third Administration, 5600 Fishers Lane, older, more traditional delivery services.
column, second paragraph, lines 2 and Rockville, MD 20857. Send one self- Verification of receipt or delivery is less
3, the date ‘‘October 24, 2005’’ is addressed adhesive label to assist that expensive and can be automatically
corrected to read ‘‘October 1, 2005.’’ office in processing your requests. accomplished. Any necessary followup
2. On page 55888, in the first column, Submit phone requests to 301–827– (such as when receipt of the e-mail is
first paragraph, lines 2 through 4, the 3360. Submit written comments on the not acknowledged) also can be
phrase ‘‘beginning on the first day of the draft guidance to the Division of accomplished electronically. If receipt is
first month following publication of this Dockets Management (HFA–305), Food never acknowledged, the sender can
notice in the Federal Register’’ is and Drug Administration, 5630 Fishers resort to more traditional methods of
corrected to read, ‘‘October 31, 2005’. Lane, rm. 1061, Rockville, MD 20852. notification.
3. On page 55888, in the first column, Submit electronic comments to http:// We interpret the provisions of §§ 7.49
fourth paragraph, lines 5 and 6, the Web www.fda.gov/dockets/ecomments. See and 200.5 to allow the use of e-mail and
site address ‘‘or to http:// the SUPPLEMENTARY INFORMATION section other electronic communication
www.regulations.gov’’ is deleted. for electronic access to the draft methods, such as fax or text messaging,
(Catalog of Federal Domestic Assistance
guidance document. to accomplish any recall notification or
Program No. 93.774, Medicare— FOR FURTHER INFORMATION CONTACT: distribution of important safety
Supplementary Medical Insurance Program) Jarilyn Dupont, Office of Policy (HF– information. Section 7.49(b) provides

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