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Automatic Interchangeability for Biosimilars: Red Tape Elimination Act.

This Act amends the Public Health Service Act to mandate that biological products licensed as biosimilars are deemed interchangeable with the reference product upon licensure. It eliminates the requirement for a separate determination of interchangeability by the Secretary. The bill establishes transition dates and preserves exclusivity periods for products licensed before the enactment of these new rules.
Key points
Biosimilar products are deemed interchangeable with the reference product immediately upon licensure (subject to transition rules).
The Act removes the requirement for a separate demonstration that a product meets interchangeability standards.
Existing first interchangeable exclusivity periods granted before the Act's enactment remain in effect until they expire.
The Secretary is required to update guidance documents regarding interchangeability and biosimilar review within 18 months.
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Additional Information
Print number: 119_HR_5526
Sponsor: Rep. Pfluger, August [R-TX-11]
Process start date: 2025-09-19