PATIENT PARTICIPATION IN MEDICAL PRODUCT DISCUSSION.

SEC. 569C. [21 U.S.C. 360bbb–8c] PATIENT PARTICIPATION IN MEDICAL PRODUCT DISCUSSION. (a) Patient Engagement in Drugs and Devices.— (1) In general.—The Secretary shall develop and implement strategies to solicit the views of patients during the medical product development process and consider the perspectives of patients during regulatory discussions, including by— (A) fostering participation of a patient representative who may serve as a special government employee in appropriate agency meetings with medical product sponsors and investigators; and (B) exploring means to provide for identification of patient representatives who do not have any, or have minimal, financial interests in the medical products industry. (2) Protection of Proprietary Information.—Nothing in this section shall be construed to alter the protections offered by laws, regulations, or policies governing disclosure of confidential commercial or trade secret information and any other information exempt from disclosure pursuant to section 552(b) of title 5, United States Code, as such laws, regulations, or policies would apply to consultation with individuals and organizations prior to the date of enactment of this section. (3) Other Consultation.—Nothing in this section shall be construed to limit the ability of the Secretary to consult with individuals and organizations as authorized prior to the date of enactment of this section. (4) No Right or Obligation. —Nothing in this section shall be construed to create a legal right for a consultation on any matter or require the Secretary to meet with any particular expert or stakeholder. Nothing in this section shall be construed to alter agreed upon goals and procedures identified in the letters described in section 101(b) of the Prescription Drug User Fee Amendments of 2012. Nothing in this section is intended to increase the number of review cycles as in effect before the date of enactment of this section. (5) Financial Interest.—In this section, the term financial interest means a financial interest under section 208(a) of title 18, United States Code. (b) Statement of Patient Experience.— (1) In general.—Following the approval of an application that was submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act at least 180 days after the date of enactment of the 21st Century Cures Act, the Secretary shall make public a brief statement regarding the patient experience data and related information, if any, submitted and reviewed as part of such application. (2) Data and information.—The data and information referred to in paragraph (1) are— (A) patient experience data; (B) information on patient-focused drug development tools; and (C) other relevant information, as determined by the Secretary. (c) Patient Experience Data.—For purposes of this section, the term “patient experience data” includes data that— (1) are collected by any persons (including patients, family members and caregivers of patients, patient advocacy organizations, disease research foundations, researchers, and drug manufacturers); and (2) are intended to provide information about patients’ experiences with a disease or condition, including— (A) the impact (including physical and psychosocial impacts) of such disease or condition, or a related therapy or clinical investigation on patients’ lives; and (B) patient preferences with respect to treatment of such disease or condition.