WASHINGTON (MarketWatch) -- Senators holding up the nomination of Dr. Andrew von Eschenbach to be Food and Drug Administration commissioner Tuesday said they are worried President Bush may bypass the Senate with a recess appointment of the nominee.
Dr. Eschenbach's nomination has been frozen by Sens. Patty Murray, D-Wash., and Hillary Rodham Clinton, D-N.Y., due to the FDA's handling of proposed approval of over-the-counter sales of the contraceptive Plan B "morning-after pill." Dr. Eschenbach, on Monday and one day before his confirmation hearing before a Senate committee, said the FDA would immediately meet with Barr Laboratories Inc. (BRL) to discuss the possibility of allowing over-the-counter sales to women 18 years or older.
Younger females would need a prescription and the FDA wants the company to help ensure pharmacies comply with the restriction. Lawmakers pressing for Plan B approval said they remain skeptical the FDA will move ahead on approving the contraceptive. They also sharply questioned how the FDA reached a decision to draw the over-the-counter allowance at age 18.
Their concerns, however, could be brushed aside should President Bush grant Dr. Eschenbach a recess appointment while the Senate is for an August recess, which is set to begin next week. Bush has the power to temporarily fill positions without Senate approval when Congress isn't in session. Dr. Eschenbach is already working as the acting FDA commissioner. "There are a lot of rumors about a recess appointment," Sen. Murray said.
http://www.marketwatch.com/News/Story/Story.aspx?dist=newsfinder&siteid=google&guid=%7BAE38A268-6DE5-4441-BCD1-AE12051D87B2%7D&keyword=