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Wednesday, January 20, 2016

Question of the Day January 20, 2016 Does Congress need to hold additonal hearings regarding the compounding drugs issues so that state boards of pharmacy can present their views, the FDA can present all the inspection reports and findings, the DEA, FBI and other agencies can report on the fraud investigations, and doctors, pharmacists and patients can present their view? If these hearings are held what would be the outcome as far as legislation? Would Congress amend the DQSA, give the FDA more authority, or abolish the DQSA? Are is the only place to resolve the interpretation of the DQSA as it is on the books now in the judiciary system, who is tasked with statutory construction?

Statements of the legislature[edit]

Legislative bodies themselves may try to influence or assist the courts in interpreting their laws by placing into the legislation itself statements to that effect. These provisions have many different names, but are typically noted as:
  • Findings;
  • Declarations, sometimes suffixed with of Policy or of Intent; or
  • Sense of Congress, or of either house in multi-chamber bodies.
These provisions of the bill simply give the legislature's goals and desired effects of the law, and are considered nonsubstantive and non-enforcable in and of themselves.[1][2]

  1. Norman J. Singer, Sutherland Statutory Construction, 6th Edition, Vol. 1A, §20.12 (West Group 2000)
  2. Jump up2^ American Jurisprudence 2d, Vol. 73, "Statutes" (West Group 2001)

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