Policy Process Lessons from the Orphan Drug Act: Applications for Health Policy Advocates

2016 ◽  
Author(s):  
Barbara Teresa Andraka-Christou
2015 ◽  
Vol 4 (3) ◽  
pp. 278-297 ◽  
Author(s):  
Barbara Andraka-Christou

Purpose – The Orphan Drug Act has provided the pharmaceutical industry with incentives to research and develop drugs for orphan diseases: rare diseases with little profit potential. It is considered very successful legislation by legal scholars, the Food and Drug Administration (FDA), and orphan drug activists. The policy process of the Act provides an important model of the policy process for future incentive-based pharmaceutical legislation. The purpose of this paper is to summarize the important incentives of the Act and the historical events leading up to the Act. The paper applies three different theoretical models of the public policy process to understand the emergence of the Orphan Drug Act: Kingdon’s Multiple Streams Model, the Advocacy Coalition Framework, and Social Constructionism Theory. The paper then synthesizes the public policy process lessons from each perspective and provides four recommendations for other social activists seeking to propel incentive-based pharmaceutical legislation for under-researched diseases. Design/methodology/approach – The author analyzes the history of the Orphan Drug Act based on publicly available scholarly research, government documents, and interest group publications. The author then applies three public policy theories to the history of the Orphan Drug Act to explain the emergence of the Act and to extract policy process lessons for future disease activists. Findings – Regardless of which theoretical perspective the Orphan Drug Act is analyzed from, some common themes of the policy process emerge. First, focussing events are instrumental in capturing the public’s sympathy and Congress’s attention. Second, in its activities and proposed legislation, a coalition should provide a role for all relevant and important actors. Third, the target groups of the legislation were construed positively, increasing the pressure for Congressmen to pass some kind of bill. Finally, the proper construction of “the problem” is instrumental to passing effective legislation as a “solution.” Originality/value – The Orphan Drug Act is widely considered successful incentive-based pharmaceutical legislation. However, because it was originally passed in 1983 and has not had public attention since the early 1990s (when it was amended), it has rarely been written about in recent years. However, its lessons are still highly relevant to policy activists, especially disease activists. Furthermore, existing articles focus on the impact of the legislation and ways to amend it, rather than on the passage of the Act.


2016 ◽  
Vol 31 (6) ◽  
pp. 801-816 ◽  
Author(s):  
Adam D Koon ◽  
Benjamin Hawkins ◽  
Susannah H Mayhew

2019 ◽  
Vol 54 (5) ◽  
pp. 283-284 ◽  
Author(s):  
Michael Gabay

The Orphan Drug Act provides financial incentives to pharmaceutical manufacturers to develop treatments for rare diseases affecting limited patient populations. Since passage of the Act in 1983, the U.S. Food and Drug Administration (FDA) has approved more than 600 orphan drug indications from greater than 450 distinct drug products. The annual number of orphan drug designation approvals has increased significantly in the recent past with much of this increase driven by approval of secondary indications for previously approved treatments. This recent increase has led to concerns regarding the Act as some pharmaceutical manufacturers have reaped outsized financial benefits while avoiding the regulatory requirements and costs associated with nonorphan drug development.


Public Health ◽  
2007 ◽  
Vol 121 (4) ◽  
pp. 278-286 ◽  
Author(s):  
M.M. Khan ◽  
W. Van den Heuvel

2015 ◽  
Vol 53 (2) ◽  
pp. 165-168 ◽  
Author(s):  
Ted M. Burns ◽  
Gordon A. Smith ◽  
Jeffrey A. Allen ◽  
Anthony A. Amato ◽  
W. David Arnold ◽  
...  

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