Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 300cc: Use of investigational new drugs with respect to acquired immune deficiency syndrome

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announce the fact of such determination; and with respect to the new drug involved, encourage an application for an exemption for investigational use of the new drug under regulations issued under section 355(i) of title 21 . The AIDS Research Advisory Committee established pursuant to section 300cc–3 of this title shall make recommendations to the Secretary with respect to new drugs appropriate for determinations described in paragraph (1). The Secretary shall, as soon as is practicable, determine the merits of recommendations received by the Secretary pursuant to subparagraph (A). who are infected with the etiologic agent for acquired immune deficiency syndrome; and who are not participating in the clinical trials conducted pursuant to such exemption; and if such an application is approved, encourage, as appropriate, licensed medical practitioners to obtain, in accordance with such regulations, the new drug from such sponsor for the purpose of treating such individuals. If the sponsor of the investigation of a new drug described in paragraph (1) does not submit to the Secretary an application described in such paragraph (relating to treatment use), the Secretary shall, through statements published in the Federal Register, encourage, as appropriate, licensed medical practitioners to submit to the Secretary such applications in accordance with regulations described in such paragraph. submitting to the Secretary applications for exemptions described in paragraph (1)(B) of such subsection; submitting to the Secretary applications described in subsection (b); and with respect to sponsors of investigations of new drugs, facilitating the transfer of new drugs from such sponsors to licensed medical practitioners. For purposes of this section, the term “new drug” has the meaning given such term in section 321 of title 21 .

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