PolicyBrief
H.R. 1632
119th CongressFeb 26th 2025
Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2025
IN COMMITTEE

This bill expedites the approval process for certain drugs, biological products, and devices already approved in trusted countries, aiming to address unmet medical needs in the U.S.

Chip Roy
R

Chip Roy

Representative

TX-21

LEGISLATION

FDA Fast-Track? New Bill Lets Drugs Approved Abroad Hit US Shelves in 30 Days

The "Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2025" (catchy, right?) is basically a shortcut for getting drugs, medical devices, and biologics (think complex meds made from living cells) approved in the US. If a product is already good to go in certain countries or the UK, this bill lets the FDA fast-track it for use here. Here is a breakdown:

Fast-Track to Market

The core idea is simple: if a drug or device is safe enough for patients in places like the European Union, Canada, or Australia, why make companies jump through the same hoops again here? Section 2 of the bill says the FDA must grant "reciprocal marketing approval" if:

  • The company asks for it.
  • The product is legally sold in one of the approved countries or UK.
  • It hasn't already been rejected in the US for safety/effectiveness reasons.
  • There's a "public health or unmet medical need" here. (More on that later...)

This means, at least theoretically, that a new treatment for a rare disease approved in, say, Germany could be available to US patients much faster.

The 30-Day Dash (and the Catch)

Here's where things get interesting. The FDA Secretary has just 30 days to decide on these reciprocal approval requests (Section 2). That's... not a lot of time for a deep dive. They can deny approval if they think the product is unsafe or doesn't work, and they can require follow-up studies after it's on the market. But that 30-day clock is ticking. For example, A medical device manufacturer that has a new type of implant approved in the UK could apply for reciprocal approval in the US. If the FDA doesn't find any red flags within 30 days and there's a demonstrated need for the implant, it could be used in US patients much sooner than under the standard process.

They also have to report any denials to Congress every month. And – plot twist – Congress can overrule the Secretary's decision. Talk about pressure.

The "Unmet Need" Loophole?

That "public health or unmet medical need" bit (Section 2) is crucial. It's supposed to ensure this fast-track is used for genuinely needed treatments, not just any product. But that phrase is pretty broad. Could a company argue that their slightly-better-than-the-competition drug meets an "unmet need"? Maybe. This could be a point of contention down the line.

Same Fees, Different Path

One thing that's clear: companies using this fast-track won't get a discount. The bill states (Section 2) that the fees for reciprocal approval are the same as for a standard application. So, it's not about saving money; it's about saving time.

Real-World Rollout

Imagine you're managing a clinic, and a new treatment for a debilitating condition becomes available in Canada. If this bill passes, you might be able to offer that treatment to your patients much sooner. Or, if you work in a pharmacy that handles specialty medications, this could mean getting access to new drugs more quickly, potentially expanding your offerings.

On the other hand, if you're in a field that relies on strict FDA oversight, this could be a cause for concern. A faster process, even with safeguards, inherently means less time for scrutiny. It's a trade-off: speed versus potentially increased risk.

Big Picture

The Act aims to streamline a notoriously slow process. It taps into the idea that if a reputable foreign regulator has done the legwork, maybe the FDA doesn't need to repeat every single step. It also fits with existing laws by keeping standard FDA provisions in place for these reciprocally approved products (Section 2). The bill even encourages the FDA to actively reach out to companies and promote this new pathway (Section 2).

But it's not without potential downsides. The tight timeline and the broad definition of "unmet need" could be areas to watch. It's a balancing act between getting treatments to people faster and ensuring those treatments are truly safe and effective.