ADAPT for COVID Act

To provide for an accelerated approval pathway for certain drugs that are authorized to be lawfully marketed in other countries. 1. Short title This Act may be cited as the Accelerated Drug Approval for Prescription Therapies for Coronavirus Act ADAPT for COVID Act 2. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. 506–1. Accelerated approval of certain drugs that are authorized to be lawfully marketed in other countries (a) In general The Secretary may approve an application for approval for a drug under subsection (c) or (j) of section 505 that is currently authorized to be marketed in one or more of the countries included in the list under section 802(b)(1), upon a determination by the Secretary that the sponsor has submitted evidence sufficient to demonstrate all of the criteria under subsection (b)(1). (b) Criteria (1) In general The Secretary may approve a drug under subsection (a) only if the Secretary determines that there is evidence that— (A) at the time of application, the drug is authorized to be marketed in a country included in the list under section 802(b)(1); (B) the drug is safe and clinically effective; (C) the manufacturer is capable of manufacturing the drug safely and consistently, and can assure the safety of the supply chain outside the United States; (D) all relevant United States patents or legal exclusivities are expired; (E) absent reciprocal marketing approval, the drug is not approved for marketing in the United States; (F) the Secretary has not, because of any concern relating to safety or effectiveness, rescinded or withdrawn any such approval; and (G) the drug is intended for the treatment or prevention of coronavirus or another disease of epidemic potential. (2) Limitation Approval of a drug under this section may, as the Secretary determines appropriate, be subject to 1 or both of the following requirements: (A) The sponsor shall conduct appropriate postapproval studies to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the drug. (B) The sponsor shall submit copies of all promotional materials related to the product during the preapproval review period and, following approval and for such period thereafter as the Secretary determines to be appropriate, at least 30 days prior to dissemination of the materials. (c) Timeline The Secretary shall make a determination on an application described in subsection (a) not later than 180 days after the date of submission of such application. (d) Definition In this section, the term coronavirus .

Summary: Accelerated Drug Approval for Prescription Therapies for Coronavirus Act or the ADAPT for COVID Act This bill authorizes the Food and Drug Administration (FDA)to create an expedited drug approval process specifically for drugs that are currently approved for sale in certain countries (i.e., a European Economic Area member country, Australia, Canada, Israel, Japan, New Zealand, South Africa, or Switzerland) and meet certain criteria. Such criteria shall include establishing that (1) the drug is safe and effective, (2) all relevant U.S. patents or legal exclusivities have expired, and (3) the drug is intended to treat or prevent COVID-19 or another disease of epidemic potential. The FDA must process and review an application under this bill within 180 days of submission.