The Prescription Drug Marketing Act (PDMA) of 1987 is a federal law enacted to ensure the safety and effectiveness of prescription drugs by establishing strong regulatory controls against the sale of counterfeit, adulterated, misbranded, sub-potent, and expired drugs. In the context of drug sampling, the PDMA requires pharmaceutical companies to maintain records of drug samples distributed, implement accounting and auditing/monitoring policies, and comply with the regulations governing the distribution and handling of prescription drug samples.
21 CFR Part 11 is a regulation set forth by the FDA that outlines the criteria for electronic records and electronic signatures to be considered as reliable, trustworthy, and equivalent to paper records and handwritten signatures. This regulation applies to all FDA-regulated industries, including pharmaceutical companies, and is important for ensuring the integrity, security, and authenticity of electronic records and signatures associated with drug sampling and other regulated activities.
PDMA and 21 CFR Part 11 work together in the context of drug sampling by ensuring the integrity and traceability of drug samples throughout the supply chain. PDMA imposes requirements on pharmaceutical companies to maintain records of drug samples distributed and ensure compliance with the regulations. Meanwhile, 21 CFR Part 11 addresses the criteria for electronic records and signatures to be considered as valid and reliable. By complying with both PDMA and 21 CFR Part 11, pharmaceutical companies can effectively manage their drug sampling processes and maintain high standards of accountability and traceability.
The key requirements of PDMA for drug sampling include:
- Prohibition of reimportation of prescription drugs
- Restrictions on sales, purchase, or trade of prescription drug samples
- Controlled distribution of drug samples to licensed practitioners or authorized entities
- Record-keeping of drug samples distributed, including information about the recipient, quantity, and date of distribution
- Implementation of accounting and auditing/monitoring policies, procedures, protocols, and thresholds to ensure compliance
- Pharmaceutical companies can ensure compliance with both PDMA and 21 CFR Part 11 by:
- Developing and implementing clear internal policies and procedures for drug sampling
- Employing electronic systems that adhere to 21 CFR Part 11 requirements for electronic records and signatures
- Regularly monitoring and auditing sampling activities to ensure compliance with PDMA and other relevant regulations
- Running downstream data analytics to identify red flags and worrisome trends in sampling data
- Engaging in proactive vendor management when outsourcing drug sampling activities, ensuring that vendors follow the company’s policies and adhere to PDMA and 21 CFR Part 11 requirements
By maintaining compliance with both PDMA and 21 CFR Part 11, pharmaceutical companies can uphold the highest standards of accountability, traceability, and data integrity in their drug sampling processes.
- Non-compliance with PDMA and 21 CFR Part 11 can result in severe penalties for pharmaceutical companies, including.
- Civil and criminal fines reaching into the hundreds of millions of dollars.
- Seizure of non-compliant products.
- Injunctions or consent decrees, which may restrict or halt business operations.
- Damage to the company’s reputation and loss of trust from customers and partners.
- Increased scrutiny and audits from regulatory authorities.
Pharmaceutical companies can maintain up-to-date compliance by:
- Regularly monitoring changes in federal regulations and state laws related to drug sampling
- Providing ongoing training and education for employees involved in the drug sampling process
- Conducting periodic internal audits and assessments of compliance procedures
- Collaborating with legal and compliance experts to ensure the company’s policies and procedures remain current
- Staying informed about industry trends, best practices, and new technologies that can improve compliance efforts
Electronic systems can assist pharmaceutical companies in maintaining sample accountability by:
- Facilitating the accurate and efficient tracking of drug samples throughout the supply chain
- Providing real-time monitoring and reporting of sample distribution and inventory
- Ensuring the validity and integrity of electronic records and signatures, as required by 21 CFR Part 11
- Enabling data analytics to identify patterns, trends, and potential red flags in sampling data
- Streamlining communication and collaboration between internal teams and external vendors
Best practices for managing outsourced drug sampling operations include:
- Thoroughly vetting and selecting reputable vendors with a proven track record in compliance
- Clearly communicating the company’s internal policies, procedures, and expectations to the vendors
- Implementing contractual agreements that stipulate compliance with PDMA, 21 CFR Part 11, and other relevant regulations
- Regularly monitoring and auditing vendor performance to ensure compliance and detect potential issues
- Encouraging open communication and feedback between the company and its vendors to address any concerns or areas for improvement
Pharmaceutical companies can demonstrate their commitment to compliance by:
- Implementing a strong culture of compliance within the organization, emphasizing the importance of adhering to regulations
- Allocating sufficient resources to compliance efforts, including personnel, training, and technology
- Ensuring top-level management is actively involved in and supports the company’s compliance program
- Communicating the company’s commitment to compliance through marketing materials, public statements, and interactions with clients and partners
- Pursuing continuous improvement in compliance efforts by learning from industry best practices and adopting new technologies as appropriate
