sons not later than two years after the date of the enact-
ment of this Act. 
TITLE II—ADDITIONAL FORUMS 
FOR EXCHANGE OF HEALTH 
INFORMATION 
SEC. 201. FORUM REGARDING OFF-LABEL USES OF NEW 
DRUGS AND DEVICES. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Food and Drugs, shall (directly or 
through contract) establish a program under which the 
following occur: 
(1) Health care practitioners submit to the Sec-
retary information obtained in the course of their 
professional practices regarding off-label uses of new 
drugs and devices. 
(2) The Secretary maintains the information re-
ceived under paragraph (1); makes such information 
available to health care practitioners and the general 
public through one or more Internet sites; and re-
ceives, maintains, and makes available through such 
site appropriate comments and information provided 
in response to such information. 
(3) The Secretary carries out paragraph (2) in 
a manner reasonably calculated to provide a forum 
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for obtaining and disseminating information, includ-
ing clinical data, toward the following goals: 
(A) Identifying off-label uses of new drugs 
and devices that are reasonable candidates for 
approval under section 505 or 515 of the Fed-
eral Food, Drug, and Cosmetic Act or under 
section 351 of the Public Health Service Act. 
(B) Identifying off-label uses of new drugs 
and devices that constitute a threat to the pub-
lic health. 
(C) Making available to the Secretary in-
formation for uses with respect to promoting in-
novations in evidence-based clinical practice and 
health care technologies under title IX of the 
Public Health Service Act. 
(b) VOLUNTARY
PARTICIPATION.—Subsection (a) 
may not be construed as requiring that any health care 
practitioner or other person participate in the program 
under such subsection. 
(c) CERTAIN AUTHORITIES.—The posting by the Sec-
retary of information on an Internet site under subsection 
(a) is subject to the following: 
(1) The Secretary may not post information 
submitted by a health care practitioner unless the 
practitioner authorizes the Secretary to include in 
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the posting the identity and the business address of 
the practitioner. 
(2) The Secretary may impose reasonable re-
strictions on the format and volume of information 
to be posted and on the frequency of postings. 
(d) CRITERIA.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall by 
regulation issue criteria for carrying out this section. 
SEC. 202. JOHN EISENBERG FORUM REGARDING SURGICAL 
PROCEDURES. 
(a) IN GENERAL.—The Secretary, acting through the 
Commissioner of Food and Drugs, shall (directly or 
through contract) establish a program under which the 
following occur: 
(1) Health care practitioners submit to the Sec-
retary information obtained in the course of their 
professional practices regarding surgical procedures. 
(2) The Secretary maintains the information re-
ceived under paragraph (1); makes such information 
available to health care practitioners and the general 
public through one or more Internet sites; and re-
ceives, maintains, and makes available through such 
site appropriate comments and information provided 
in response to such information. 
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(3) The Secretary carries out paragraph (2) in 
a manner reasonably calculated to provide a forum 
for obtaining and disseminating information, includ-
ing clinical data, toward the following goals: 
(A) Identifying innovative surgical proce-
dures. 
(B) Identifying surgical procedures that 
constitute a threat to the public health. 
(C) Making available to the Secretary in-
formation for uses with respect to promoting in-
novations in evidence-based clinical practice and 
health care technologies under title IX of the 
Public Health Service Act. 
(b) VOLUNTARY
PARTICIPATION.—Subsection (a) 
may not be construed as requiring that any health care 
practitioner or other person participate in the program 
under such subsection. 
(c) CERTAIN AUTHORITIES.—The posting by the Sec-
retary of information on an Internet site under subsection 
(a) is subject to the following: 
(1) The Secretary may not post information 
submitted by a health care practitioner unless the 
practitioner authorizes the Secretary to include in 
the posting the identity and the business address of 
the practitioner. 
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(2) The Secretary may impose reasonable re-
strictions on the format and volume of information 
to be posted and on the frequency of postings. 
(d) CRITERIA.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall by 
regulation issue criteria for carrying out this section. 
SEC. 203. JOHN EISENBERG FORUM REGARDING COM-
PLEMENTARY AND ALTERNATIVE MEDICINE; 
DIETARY SUPPLEMENTS AND FOOD. 
Section 485D of the Public Health Service Act is 
amended— 
(1) by redesignating subsections (i) and (j) as 
subsections (j) and (k), respectively; and 
(2) by adding after subsection (h) the following 
subsection: 
‘‘(i) JOHN EISENBERG FORUM FOR EXCHANGE OF 
INFORMATION.— 
‘‘(1) IN GENERAL.—The Director of the Center, 
in consultation with the Commissioner of Food and 
Drugs, shall (directly or through contract) establish 
a program under which the following occur: 
‘‘(A) Health care practitioners submit to 
the Director information obtained in the course 
of their professional practices regarding com-
plementary and alternative treatment, diag-
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