Proposal would require shortage consideration before FDA issues an enforcement action, which could ensure enforcement and shortage staff continue talking.

Democratic Senator has terse exchange with FDA at hearing and says Congress must do more than what is already in pending legislation. Blumenthal said he is willing to consider the Generic Pharmaceutical Association proposal calling for an independent third party to compile supplier data and predict coming shortages.

FDA says it likely will oppose the provision because it would create more administrative complexity and increase fees paid by individual firms, but many provider and professional associations think waivers could help prevent and alleviate drug shortages.