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In practice, the [[pharmaceutical]] industry influences the FDA and distorts its policies in several powerful ways.  The pharmaceutical industry will offer higher paying jobs to preferred FDA employees and consultants.  Conflicts of interest by persons in advisory positions to the FDA have been rampant.
 
In practice, the [[pharmaceutical]] industry influences the FDA and distorts its policies in several powerful ways.  The pharmaceutical industry will offer higher paying jobs to preferred FDA employees and consultants.  Conflicts of interest by persons in advisory positions to the FDA have been rampant.
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== Not regulate physicians ==
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== FDA does not regulate physicians ==
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The FDA does not regulate physicians, who are primarily within the jurisdiction of the states for many issues but subject to federal law with respect to controlled substances and billing of government and insurance programs.  As the FDA itself explains on its website:<ref>https://fas.org/sgp/crs/misc/R45792.pdf</ref>
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The FDA does not regulate physicians, who are primarily within the jurisdiction of the states for many issues but subject to federal law with respect to controlled substances and billing of government and insurance programs.  As the Congressional Research Service explains:<ref>https://fas.org/sgp/crs/misc/R45792.pdf</ref>
 
{{cquote|To market a prescription drug in the United States, a manufacturer needs FDA approval. ... But FDA traditionally has not regulated the practice of medicine. Physicians, therefore, may [from the standpoint of the FDA] prescribe an FDA-approved drug for indications that FDA has not reviewed for safety and effectiveness. ... FDA regulates the drug and the manufacturer. Each state regulates clinicians and pharmacies. ... The FFDCA [Federal Food, Drug, and Cosmetic Act] does not give FDA authority to regulate the practice of medicine; that responsibility generally rests with the states.}}
 
{{cquote|To market a prescription drug in the United States, a manufacturer needs FDA approval. ... But FDA traditionally has not regulated the practice of medicine. Physicians, therefore, may [from the standpoint of the FDA] prescribe an FDA-approved drug for indications that FDA has not reviewed for safety and effectiveness. ... FDA regulates the drug and the manufacturer. Each state regulates clinicians and pharmacies. ... The FFDCA [Federal Food, Drug, and Cosmetic Act] does not give FDA authority to regulate the practice of medicine; that responsibility generally rests with the states.}}
  
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