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Biosimilar Drugs: Automatic Interchangeability and Approval Procedure Changes

This bill aims to improve the requirements for making a determination of interchangeability of a biological product and its reference product. It establishes that a biological product licensed under the relevant subsection shall be deemed interchangeable with the reference product. Additionally, the bill removes provisions regarding exclusivity periods for the first interchangeable biological product and requires the Secretary to brief Congressional committees before mandating certain safety studies.
Key points
A biological product licensed under the relevant subsection is automatically deemed to be interchangeable with the reference product.
The bill removes provisions regarding market exclusivity periods for the first biological product determined to be interchangeable.
The Secretary may require studies on the risk of switching products only after briefing relevant Congressional committees on the necessity of such studies.
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Additional Information
Print number: 118_S_2305
Sponsor: Sen. Lee, Mike [R-UT]
Process start date: 2023-07-13