norml09 - Page 39
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(iv) _Lq_/_ust_._cq_tedb_ualified
The drug must have a New Drug Application (NDA)
approved by the Food and Drug Administrations
pursuant to the Food, Drug and Cosmetic Act.
21 U.S_C. 355_ Or, a consensus of the national
community of experts, qualified by scientific
training and experience to evaluate the safety and
effectiveness of drugs, must accept the safety and
effectiveness of the substance for use in treating
a specifics recognized disorder° A material
conflict of opinion among experts precludes a
finding of consensus°
(v) T Scie tif_cl viden_e M_/st_el_
In the absence of NDA approvals information
concerning the chemistry_ pharmacology_ toxicology
and effectiveness of the substance must be
reported_ published, or otherwise widely available
in sufficient detail to permit experts, qualified
by scientific training and experience to evaluate
the safety and effectiveness of drugs, to fairly
and responsibly conclude the substance is safe and
effective for use in treating a specifics
recognized disorder.
Together these five elements constitute prima facie
evidence that a drug has currently accepted medical use in
treatment in the United States. In the interest of total
clarityp let me emphasize those pro;ors that are irrelevant
to the determination of currently accepted medical user and
that will not be considered by the Administrator:
(i) Isolated case reports;
(ii) Clinical impressions of practitioners;
(iii) Opinions of persons not qualified by
scientific training and experience to evaluate the
safety and effectiveness of the substance at
issue;
(iv) Studies or reports so lacking in detail as to
preclude responsible scientific evaluation;
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