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S.C.R. 2

             1     

RESOLUTION REGARDING CLINICAL

             2     
TRIALS FOR WOMEN'S HEALTH CARE

             3     
2003 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Paula F. Julander

             6      This concurrent resolution of the Legislature and the Governor urges the Food and Drug
             7      Administration to strictly enforce requirements that clinical study sponsors perform
             8      subgroup analysis of their studies to ensure that the health concerns of women are
             9      appropriately addressed in clinical trial results.
             10      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             11          WHEREAS, there is a pressing need to collect and assess more accurate data regarding
             12      the health of women;
             13          WHEREAS, subgroup analysis, a statistical procedure, takes data from a general group
             14      of study subjects and looks for differences within a subset of those subjects that share a specific
             15      characteristic, such as sex, age, or state of disease;
             16          WHEREAS, studies have shown that, to improve the quality and appropriateness of
             17      health services, the gender of those participating in clinical trials must be factored into all
             18      levels of biomedical research, creating a new paradigm for data analysis;
             19          WHEREAS, despite the mounting evidence of the need for subgroup data analysis
             20      based on gender, recent reports show that analysis is either not being conducted or not being
             21      reported;
             22          WHEREAS, although a 1993 policy guideline and a 1998 regulation by the Food and
             23      Drug Administration recommends that study sponsors perform subgroup analysis of their
             24      studies, it is clear that these recommendations are not being followed;
             25          WHEREAS, a July 2001 report of the General Accounting Office found that about
             26      one-third of new drug applications submitted to the Food and Drug Administration by study
             27      sponsors failed to provide gender-specific data from subgroup analysis conducted during the



             28      clinical trials; and
             29          WHEREAS, without subgroup analyses, researchers and clinicians cannot truly assess
             30      the safety and efficacy of new drugs for women, and the development of potentially life saving
             31      drugs may be abandoned if early trials fail to show efficacy in one gender:
             32          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             33      Governor concurring therein, strongly urge the Food and Drug Administration to strictly
             34      enforce requirements that clinical study sponsors perform subgroup analysis of their studies to
             35      ensure that the health concerns of women are appropriately addressed in clinical trial results.
             36          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Food and
             37      Drug Administration, the Utah Department of Health, and the members of Utah's congressional
             38      delegation.




Legislative Review Note
    as of 1-24-03 11:40 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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