H.R. 5811House115th Congress (2017-2019)Passed House

Long-Term Opioid Efficacy Act of 2018

Introduced May 15, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:52 PM UTC

The Long‑Term Opioid Efficacy Act of 2018 changes the Federal Food, Drug, and Cosmetic Act to require the FDA to monitor whether opioid drugs (or other controlled substances) lose effectiveness after they’re approved. It lets the agency order post‑approval studies when new data suggest the drug’s benefits may no longer outweigh its risks, and it clarifies how such studies affect labeling and market exclusivity. The bill mainly impacts manufacturers of controlled‑substance drugs, the FDA, and patients using those medications.

Key Provisions

  • Adds a new purpose for post‑approval studies: to determine whether a drug that is a controlled substance (or contains one) becomes less effective over time, to the point that its benefits no longer outweigh its risks.
  • Requires the FDA Secretary to order such a study only when new effectiveness information is found, while safety‑related studies continue to be triggered by new safety information.
  • Defines “new effectiveness information” as any new data about a drug’s effectiveness—including clinical trials, adverse‑event reports, literature, or other scientific data—that can be used to assess a loss of effectiveness.
  • Specifies that studies conducted for this new purpose will not count as a “new clinical investigation” that could affect the drug’s period of market exclusivity.
  • Updates labeling rules so that the FDA can require changes based on either new safety information or new effectiveness information, and adds “new effectiveness” language to relevant sections of the FD&C Act.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

10 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

June 20, 2018

View full timeline
HouseIntro Referral

Introduced in House

May 15, 2018

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

May 15, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 17, 2018

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

May 17, 2018

HouseFloor

Mr. Walden moved to suspend the rules and pass the bill, as amended.

June 19, 2018 • 3:11 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5243-5244)

June 19, 2018 • 3:12 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5811.

June 19, 2018 • 3:12 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5243)

June 19, 2018 • 3:16 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5243)

June 19, 2018 • 3:16 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 19, 2018 • 3:16 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

June 20, 2018

Floor Debate

4 members

What members said about H.R. 5811 on the floor

2 Republicans2 Democrats
Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 19, 2018

Mr. Speaker, I rise in strong support of H.R. 5811, which amends the Federal Food, Drug, and Cosmetic Act with respect to post approval study requirements for certain controlled substances. H.R. 5811…

Greg Walden
Rep. Greg WaldenR-OR-2 · Jun 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5811) to amend the Federal Food, Drug, and Cosmetic Act with respect to postapproval study requirements for certain controlled…

Joseph P. Kennedy III
Rep. Joseph P. Kennedy IIID-MA-4 · Jun 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 5811, the Long-Term Opioid Efficacy Act of 2018, authored by Representatives McNerney and Griffith.…

Brett Guthrie
Rep. Brett GuthrieR-KY-2 · Jun 19, 2018

Mr. Speaker, I yield back the balance of my time.

Bill Text

3 versions available

Reading Mode
Latest
Referred in SenateIssued June 20, 2018

IIB

115th CONGRESS

2d Session

H. R. 5811

IN THE SENATE OF THE UNITED STATES

June 20, 2018

Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions

AN ACT

To amend the Federal Food, Drug, and Cosmetic Act with respect to postapproval study requirements for certain controlled substances, and for other purposes.

1.

Postapproval study requirements

(a)

Purposes of study

Section 505(o)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(B)) is amended by adding at the end the following:

(iv)

To assess a potential reduction in effectiveness of the drug for the conditions of use prescribed, recommended, or suggested in the labeling thereof if—

(I)

the drug involved—

(aa)

is or contains a substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act; or

(bb)

is a drug that has not been approved under this section or licensed under section 351 of the Public Health Service Act, for which an application for such approval or licensure is pending or anticipated, and for which the Secretary provides notice to the sponsor that the Secretary intends to issue a scientific and medical evaluation and recommend controls under the Controlled Substances Act; and

(II)

the potential reduction in effectiveness could result in the benefits of the drug no longer outweighing the risks.

.

(b)

Establishment of requirement

Section 505(o)(3)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)(C)) is amended by striking such requirement and all that follows through safety information. and inserting the following:

such requirement—

(i)

in the case of a purpose described in clause (i), (ii), or (iii) of subparagraph (B), only if the Secretary becomes aware of new safety information; and

(ii)

in the case of a purpose described in clause (iv) of such subparagraph, if the Secretary determines that new effectiveness information exists.

.

(c)

Applicability

Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(3)) is amended by adding at the end the following new subparagraph:

(G)

Applicability

The conduct of a study or clinical trial required pursuant to this paragraph for the purpose specified in subparagraph (B)(iv) shall not be considered a new clinical investigation for the purpose of a period of exclusivity under clause (iii) or (iv) of subsection (c)(3)(E) or clause (iii) or (iv) of subsection (j)(5)(F).

.

(d)

New effectiveness information defined

Section 505(o)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(2)) is amended by adding at the end the following new subparagraph:

(D)

New effectiveness information

The term new effectiveness information, with respect to a drug that is or contains a controlled substance for which a listing in any schedule is in effect (on a temporary or permanent basis) under section 201 of the Controlled Substances Act, means new information about the effectiveness of the drug, including a new analysis of existing information, derived from—

(i)

a clinical trial; an adverse event report; a postapproval study or clinical trial (including a study or clinical trial under paragraph (3));

(ii)

peer-reviewed biomedical literature;

(iii)

data derived from the postmarket risk identification and analysis system under subsection (k); or

(iv)

other scientific data determined to be appropriate by the Secretary.

.

(e)

Conforming amendments with respect to labeling changes

Section 505(o)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)(4)) is amended—

(1)

in subparagraph (A)—

(A)

in the heading, by inserting or new effectiveness after safety;

(B)

by striking safety information and inserting new safety information or new effectiveness information such; and

(C)

by striking believes should be and inserting believes changes should be made to;

(2)

in subparagraph (B)(i)—

(A)

by striking new safety information and by inserting new safety information or new effectiveness information; and

(B)

by inserting indications, after boxed warnings,;

(3)

in subparagraph (C), by inserting or new effectiveness information after safety information; and

(4)

in subparagraph (E), by inserting or new effectiveness information after safety information.

(f)

Rule of construction

Nothing in the amendments made by this section shall be construed to alter, in any manner, the meaning or application of the provisions of paragraph (3) of section 505(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(o)) with respect to the authority of the Secretary of Health and Human Services to require a postapproval study or clinical trial for a purpose specified in clauses (i) through (iii) of subparagraph (B) of such paragraph (3) or paragraph (4) of such section 505(o) with respect to the Secretary’s authority to require safety labeling changes.

Passed the House of Representatives June 19, 2018.

Karen L. Haas,

Clerk