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Republic Act No. 10354, however, explicitly outlines the steps the Food and Drug
Administration must undertake in order to identify if a particular contraceptive or
intrauterine device is non-abortifacient:
Section 7.04 FDA Certification of Family Planning Supplies. - The FDA
must certify that a family planning drug or device is not an abortifacient
in dosages of its approved indication (for drugs) or intended use (for
devices) prior to its inclusion in the EDL. The FDA shall observe the
following guidelines in the determination of whether or not a drug or
device is an abortifacient:
a) As defined in Section 3.01 (a) of these Rules, a drug or device is
deemed to be an abortifacient if it is proven to primarily induce abortion
or the destruction of a fetus inside the mother's womb or the prevention
of the fertilized ovum to reach and be implanted in the mother's womb;
b) The following mechanisms do not constitute abortion: the prevention
of ovulation; the direct action on sperm cells prior to fertilization; the
thickening of cervical mucus; and any mechanism acting exclusively prior
to the fertilization of the egg by the sperm;
c) In making its determination, the FDA shall use the best evidence
available, including but not limited to: meta-analyses, systematic reviews,
national
clinical
practice
guidelines
where
available,
and
recommendations of international medical organizations;
d) In the presence of conflicting evidence, the more recent, betterdesigned, and larger studies shall be preferred, and the conclusions found
therein shall be used to determine whether or not a drug or device is an
abortifacient; and
e) Should the FDA require additional expertise in making its
determination, an independent evidence review group (ERG) composed of
leading experts in the fields of pharmacodynamics, medical research,
evidence-based medicine, and other relevant fields may be convened to
review the available evidence. The FDA shall then issue its certification
based on the recommendations of the ERG.[18]
Upon the effectivity of the Implementing Rules and Regulations of Republic Act No.
10354, all "health care drugs, supplies, and products" with prior Certificates of
Product Registration must undergo a re-certification process with the Food and Drug
Administration to prove that they are safe and non-abortifacient.[19]
In order to aid the re-certification process of Marketing Authorization Holders of
contraceptive drugs, the Center for Drug Regulation and Research formulated the
steps to be undertaken:
Step 1. Identify contraceptive products in the database. Create another
4/21/2020, 9:19 AM
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