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"MedGuide" legal challenge could be allowed under HR 3136 "Small Business Regulatory Fairness" section.

Executive Summary

"MEDGUIDE" REG LEGAL CHALLENGE WOULD BE ALLOWED under HR 3136, the debt ceiling bill signed into law be President Clinton March 29. The law permits small entities that are "adversely affected or aggrieved by final agency action" to seek judicial review of agency rules for noncompliance with provisions of the Regulatory Flexibility Act of 1980. The National Association of Retail Druggists worked to have the small business judicial review included in the bill and said it would provide an avenue to challenge FDA's proposed "MedGuide" patient education program.

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