A bill to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments by the Medical Device User Fee and Modernization Act of 2002, and for other purposes.
(This measure has not been amended since it was reported to the House on March 9, 2004. The summary of that version is repeated here.)
Medical Devices Technical Corrections Act - Amends the Federal Food, Drug, and Cosmetic Act (as amended by the Medical Device User Fee and Modernization Act of 2002) to revise provisions concerning medical devices user fees.
Prohibits the Secretary of Health and Human Services from collecting fees to defray costs in any fiscal year where the amount appropriated is more than five percent below the costs of the resources allocated for the review of device applications.
Allows the Secretary to withdraw accreditation to inspect from any person where the Secretary determines that there is a conflict of interest between the company and the accredited inspector.
Permits a company that markets at least one medical device in the United States and one medical device in another country to use an accredited third party inspector if the company certifies that the foreign country recognizes inspections by: (1) the Food and Drug Administration (FDA); and/or (2) the third party inspector. (Current law requires a country to recognize both types of inspections.)
Allows the Secretary to withdraw eligibility for third party inspections from a company if the Secretary determines that the company is substantially not in compliance with the Act.
Allows electronic labeling for prescription devices intended for use by health care professionals and for in vitro diagnostic devices intended for use by health care professionals or in blood establishments.
Delays by 18 additional months the effective date of the provision deeming a device misbranded if the identification of the manufacturer is not conspicuously displayed.
Directs the Secretary to submit a report to the relevant committees on the barriers to the availability of devices intended for treatment or diagnosis of diseases or conditions that affect children.
Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-433.
Placed on the Union Calendar, Calendar No. 250.
Mr. Greenwood moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H890-892)
DEBATE - The House proceeded with forty minutes of debate on S. 1881.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H931-932)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 396 - 0 (Roll no. 46).(text: CR 3/9/2004 H890-891)
Roll Call #46 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 396 - 0 (Roll no. 46). (text: CR 3/9/2004 H890-891)
Roll Call #46 (House)Enacted as Public Law 108-214
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Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate bill.
Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(text as Senate agreed to House amendment: CR S2821-2822)
Senate agreed to House amendment by Unanimous Consent. (text as Senate agreed to House amendment: CR S2821-2822)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 108-214.
Became Public Law No: 108-214.