Pediatric research: laws and regulations

Published on January 30, 2025   24 min

A selection of talks on Pharmaceutical Sciences

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Hello. This is Dr. Steven Hirschfeld of the Uniformed Services University of the Health Sciences. We are going to discuss Pediatric Research Laws and Regulations.
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We will begin with the evolution from protection of children to advocacy children. In 1962, the US Congress in Public Law 87-833 established the National Institutes of Child Health and Human Development (NICHD). A few years later, Dr. Harry Shirkey invented the term "Therapeutic Orphan" to describe the situation where sick children were deprived of use of medicines because they had not been tested in that population. In 1972, former FDA Commissioner Charles Edward noted that medicines commonly prescribed for children were based on empiric grounds and not scientific studies. The same year, the National Academy of Sciences published a report describing the different responses to pharmacological agents based on age and physiologic maturity noting that plasma concentrations vary based on these factors. Much as John Snow, in London, observed about two centuries earlier. In 1973, the FDA commissioned a report from the American Academy of Pediatrics on guidelines for the evaluation of drugs to be approved for use during pregnancy and for the treatment of infants and children. The FDA adapted the report and published it as an FDA guidance document in 1977. The same year Dr. John Wilson found that only 22% of prescription drugs had information in the product package describing how to use the product to treat children. Continuing our evolution from protection to advocacy in 1979, the FDA published an important regulation which introduced the concept of pediatric use as a subsection in the product package insert in the section called precautions. 1983, US Congress in Public Law 97-414 known as the Orphan Drug Act established the principle of using government incentives to promote product development in an area of public health need. The incentives consisted of extending the period of marketing exclusivity by two years and providing other means of support for the development of products that met the requisite criteria. 1988, Dr. Franz Rosa working at the FDA surveyed product package inserts of drugs that were used to treat children and found similar to what Dr. Wilson found several years earlier that only 25% had information that considered them safe and effective. In 1994, the FDA issued a revision of the pediatric use subsection permitting the use of efficacy extrapolation if the disease in adults and children were sufficiently similar. The use of extrapolation will be explored in an additional lecture, in greater detail. In 1994, the NICHD, the NIH Institute Dedicated to child health research established a research network to study pediatric pharmatology. Toward the end of the 20th century, specifically 1997, the Food and Drug Modernization Act extended the principle of using incentives from not just orphan products, but for the study of pediatric use and selected drug products. The following year, the FDA issued a regulation mandating pediatric studies under defined circumstances. The regulation was invalidated by a federal court decision in 2002 based on the principle that the FDA lacked the authority to mandate studies in a population that a drug sponsor did not intend to market for.

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