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Federal Drug Samples Reporting

Learn who must report drug samples under ACA Section 6004, what the FDA requires and when annual reports are due.


MedPro Systems
Published
Updated
Jurisdiction

U.S. Federal, FDA

Who Reports

Manufacturers and authorized distributors of record

Reporting Deadline

April 1 each year

What Is Reported

Drug samples requested by and distributed to HCPs

Overview

As part of the effort to provide greater transparency into how Life Sciences companies provide drug samples to Healthcare Professionals (HCPs), Section 6004 was included in the Affordable Care Act (ACA) when enacted by Congress in 2010. Starting on April 1, 2012 and on April 1 of each year thereafter, it mandates that manufacturers and authorized distributors of record (ADRs) of drugs annually report to the Secretary of the Department of Health and Human Services (HHS) the identity and quantity of drug samples that were requested and distributed to HCPs.

To facilitate the collection of this data, the HHS Secretary directed the Food and Drug Administration (FDA) to issue guidance on the data to be submitted and design and oversee a system for its collection and management. The FDA created a sophisticated XML format for data submission and leveraged the Electronic Submissions Gateway (ESG) to provide the means through which manufacturers and ADRs submit this data. Manufacturers and ADRs must report on the name, address, professional designation and signature of the HCP who requested the sample(s) and of the individual who requested or accepted delivery of the sample(s) on behalf of the HCP. Manufacturers and ADRs must register with the ESG, collect data related to sample distributions for the entire calendar year, format the data according to FDA requirements and submit the report by the following April 1.

For more information on Section 6004 of the ACA and the FDA ESG, visit the FDA’s ACA Section 6004 page.

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FAQ

Frequently Asked Questions

Section 6004 of the Affordable Care Act, enacted in 2010, requires manufacturers and authorized distributors of record to report the identity and quantity of drug samples requested and distributed to HCPs each year.

Drug manufacturers and authorized distributors of record (ADRs).

By April 1 each year, covering the previous calendar year.

The name, address, professional designation and signature of the HCP who requested the samples and of the individual who requested or accepted delivery on the HCP’s behalf.

In the FDA’s XML format through the FDA Electronic Submissions Gateway (ESG). Manufacturers and ADRs must register with the ESG.

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