Legal Classification of Medicines

A simple reclassification should be carried out as a Type IB or Type II variant, and the schedule follows the normal schedule indicated in the link. The variation request shall contain information on the analogue product. Reclassification is important if, for example, it is the first of a new therapeutic class or target group for an existing product. Major reclassifications must be submitted to a committee of experts. Pharmacy drug packages are generally intended for the short-term treatment of conditions that are easy to identify and unlikely to persist, although they may sometimes be available for the treatment of long-term conditions. Pharmacy medications should be used with more caution than medications sold in other retail stores, and people may need special advice on treatment. The agency recommends that sponsors contact the Office of Combination Products (OCP) to confirm the classification of any product they wish to market if the relevant classification is unclear or controversial. Section IV contains contact information for the College and answers to frequently asked questions. The following are the Public Assessment Reports (PARs) for reclassification applications that were not subject to public consultation by the MRA. Such reports shall be published on the day on which the request is granted.

„Biologic“ means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergen, protein (other than chemically synthesized polypeptides), 13 or an analogue, or an arsphenamine or arsphenamine derivative (or any other trivalent organic compound of arsenic) suitable for prevention, the treatment or cure of a human disease or condition. Products that meet the definition of drugs as well as the definition of biologics are classified as biologics and are generally subject to approval under the PHS Act. 14 Products that meet the definitions of medicament, device and biological product may also be classified as biologics. If you have any questions about whether a product meets the definition of a biologic, or how this might affect its classification, please contact OCP. MHRA Guide to Drug Naming (PDF, 235KB, 20 pages) A rectangular box with the letters POM appears on prescription drug packages. The law defines three categories of medicines: medicines subject to medical prescription (POM)[3], which can only be obtained from a pharmacist if they are prescribed by a competent doctor; pharmaceutical drugs (P) that can only be obtained from a pharmacist but without a prescription; and General Sales List (GSL) drugs that can be purchased at any store without a prescription. The basic principle of drug classification is to maximize timely access to effective drugs while minimizing the risk of harm from misuse. The MHRA informs the applicant organisation of the outcome of the classification request and gives reasons for its decision. The Medicines Act 1968 provides for various legal controls on the retail trade or supply of medicines. Drugs are divided into three categories – Prescription Only (POM), Pharmacy (P) or General Sales List (GSL).

Each category is subject to a number of controls. These controls apply to medicinal products sold or supplied at retail, whether sold or dispensed via the Internet, distance selling or any other form of supply. The general rule is that all approved drugs are P, unless otherwise stated. If the classification of a product as a drug, device, biologic, or combination product is unclear or controversial, a sponsor may submit an RFD to OCP pursuant to Title 21, Part 3, of the Code of Federal Regulations (21 CFR Part 3) in order to obtain a formal classification provision for the product, as required by Section 563 of the FD&C Act (21 USC 360bbb-2). Any RFI deemed incomplete will be returned to the proponent with a missing request for information. 7 21 CFR 3.8(a). Once the OCP determines that the RFI to be submitted has been completed, the Board reviews the RFI. This flowchart and timeline (PDF, 65.5KB, 6 pages) describes the process for simple and larger reclassifications.

All applications that do not relate to an analogue product must be submitted as voluminous, and will be downgraded to the standard if necessary during the assessment process. The legal classification of a drug can sometimes change – we call it reclassification. It is also sometimes called „switching“. Increasing confidence in the role of the drug and a better understanding of its side effects may lead to a change in classification. Section III provides general concepts regarding the FDA`s decision-making process for classification provisions and discusses questions that may arise in determining whether products should be classified as drugs or devices. 6 For classification purposes, sponsors are not expected to have collected sufficient data to demonstrate that the proposed product meets the applicable authorization standard (e.g., data demonstrating efficacy). Therefore, the FDA`s classification analysis focuses on how the product is likely to achieve its primary intended purposes, assuming it is able to achieve its primary objectives. FDA will evaluate, in its best scientific judgment, all available information relevant to the determination of classification, including information submitted by the sponsor or available in the literature. Addition of PAR to reclassify Calci-D 1000mg/1000 IU chewable tablets from POM to P. RAPs for key reclassification applications and standard reclassifications that were the subject of a public consultation on the ARE will be published on the consultation page with the details and results of the MRA consultation. 6.

This section generally focuses on approaches to determining whether a product should be classified as a drug or a product, based on the application of the legal definitions of these terms in sections 201(g) and 201(h) of the FD&C Act (21 USC 321(g) and (h), respectively). Please note that this document does not focus on the classification of products as biologics under Section 351(i) of the Public Health Service Act (PHS Act) (42 USC 262(i)). Nor does it address the circumstances under which certain human cells, tissues, or cellular or tissue products (HCT/Ps), as defined in 21 CFR Part 1271, are regulated exclusively under Section 361 of PHS. For more information about HCT/Ps, see Tissue Guidances. A new provision may be appropriate if, for example, a proposed use designation or component of the product changes, or if the sponsor or the Agency becomes aware of additional information indicating that the means by which the product fulfills its primary uses differ from those originally described in the RFI. For example, if a sponsor wishes to change a product claim and that new claim is obtained through a different mechanism than the original claim, a different classification may be appropriate for the new claim. HPSA has published a list of twelve active substances (or combinations of substances) contained in drugs (drugs) that are currently classified as prescription drugs (POMs) and for which it believes that the Sale and Delivery Method (MoSS) classification could be safely changed from POM to over-the-counter (OTC). The provisions of the RFI apply only to the product described in the letter of designation, including its proposed use(s) or indication for use. The Agency may modify a Section 563 decision on the classification of a product or FDA component that regulates the product, either with the sponsor`s written consent or for public health reasons based on scientific evidence. 21 USC 360bbb-2(b) and (c).8 We would like to hear from patients who are interested in medication and self-care, as well as community pharmacists, general practitioners, nurses, and health care professionals who are currently working in a patient-centered role and are willing to reflect on professional issues and attend a short meeting if necessary.

If you would like to participate, please send engagement@mhra.gov.uk an email. We store your data and contact you when a particular product is discussed. Link to the public assessment report on the reclassification of Benacort Hay Relief for Adults 64 microgramm, nasal spray, added in the public assessment reports section. Pharmaceutical drugs are over-the-counter and may only be sold or dispensed in an approved pharmacy by or under the supervision of a pharmacist. The packaging provides information on dosage. In some cases, the package size will indicate a substance as POM (e.g. paracetamol). Section 52 of the Medicines Act 1968 refers to the version as amended by the Regulation. At the MHRA, we have established a procedure for requesting a change in classification. The MHRA procedure is quick and easy when a change in classification concerns a medicine that is very similar to a medicine that has already been processed.

The application is processed simply by reference to the medicinal product that has already been reclassified. These are called simple or „me-too“ reclassifications. However, a more detailed step-by-step procedure applies when the application for classification is innovative, for example if it is a type of drug that has never undergone a change in classification or if it is a condition that has not previously been taken into account in a change in classification. These are major or standard reclassifications. The FDA regularly receives questions from medical device sponsors about the classification of their products.