Food and Drug Administration Safety and Innovation Act

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Moreover, there were some notable proposals that were ultimately not included in the final legislation, including for example, proposals pertaining to predicate device nullification and conditional clearance authority for FDA. On the whole, the improvements are perceived to represent a winning compromise among stakeholders; they include the following provisions:. Some of the more significant provisions impacting the medical device industry include the following:.

Though there were many controversial proposals associated with the FDASIA legislation, most of which did not make it into the final statute, the user fee bills nonetheless enjoyed consistent support from the majority of public stakeholders through the development process, as well as backing from the White House, which lauded the bipartisan effort.

As a result, FDA and industry must now begin the onerous task of understanding, and implementing, those provisions. Under MDUFA III, the establishment registration fees for the five-year period to be adjusted for inflation are as follows: In return for the increased fees, FDA has agreed to a number of meaningful performance goals outlined in its commitment letter to Congress.

Process Improvements. Pre-Submissions : FDA has committed to instituting a structured process for managing pre-submissions, i. The Agency committed to issuing a draft guidance document on pre-submissions, which was released on July 12, The performance goals specify timeframes for pre-submission meetings and teleconferences, and the guidance assists applicants by clarifying when to submit pre-submissions and what they should contain.

FDA released its guidance on acceptance and filing review for PMAs on July 31, , and its guidance on the new refuse to accept policy for k s on August 10, Interactive Review : FDA has committed to continue to provide for, and encourage, informal communication between FDA and applicants, including the exchange of scientific and regulatory information, to facilitate timely completion of the review process based on accurate and complete information. Guidance Document Development : FDA has agreed to apply user fee revenues to supplement the improvement of the process of developing, reviewing, tracking, issuing, and updating guidance documents, but not to the detriment of meeting quantitative review timelines and statutory obligations.

FDA will also establish a process to permit stakeholders to provide comments and suggestions on the proposed lists. Third-Party Review : FDA has agreed to continue to support its third-party review program and establish new procedures to improve transparency as resources permit. Patient Safety and Risk Tolerance : FDA has committed to fully implementing its final guidance on the factors to consider when making benefit-risk determinations in medical device premarket reviews.

Such factors include patient tolerance for risk, magnitude of benefit, and availability of other treatments or diagnostic tests. The guidance includes commitments from FDA to require its PMA and de novo petition reviewers to use a benefit-risk determination worksheet in all of their reviews which will become part of the administrative record. Low-Risk Medical Device Exemptions : By the end of fiscal year , FDA has agreed to propose exemptions from premarket notification for additional low-risk medical devices.

Emerging Diagnostics : FDA has agreed to work with industry to develop a transitional in vitro diagnostic IVD device approach for the regulation of emerging diagnostics.

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Review Performance Goals. For PMA submissions that do not reach a decision by 20 days after the applicable goal, FDA will provide written feedback to the applicant to be discussed in a meeting or teleconference, including all outstanding issues with the application.

Result Filters

For k submissions that do not reach a decision within days, FDA will provide written feedback to the applicant to be discussed in a meeting or teleconference, including all outstanding issues with the submission. Such a determination must be supported by the appropriate management concurrence. Medical Device Regulatory Improvements A major industry initiative in the user fee negotiations of the past two years was to obtain certain regulatory improvements to clarify FDA authority, streamline Agency procedures, and pave a transparent path to market for new medical devices.

On the whole, the improvements are perceived to represent a winning compromise among stakeholders; they include the following provisions: Investigational Device Exemptions.

FDA Issues Final Rule on Medical Device Classification Procedures

In recent years, FDA has utilized an informal policy that has generally limited approval of IDEs to those investigational studies that will support a PMA submission or that would be necessary for a substantial equivalence determination. Clarification of the Least Burdensome Standard. Agency Documentation and Review of Significant Decisions. Section of the Act adds a new requirement to the FDCA in Section A, that requires CDRH to provide a substantive summary of the scientific and regulatory rationale for any significant decision regarding an IDE, k , or PMA submission, including documentation of significant controversies or differences of opinion and their resolutions.

See supra notes 11— This provision of the FDA Safety and Innovation Act takes the commitment one step further by, among other requirements, mandating a documented rationale for all types of applications and significant decisions within the medical device review cycle. Although there is some vagueness in the timing triggers for requesting a review, the general timeframes Section creates for requesting and FDA providing a review include that: i an applicant may request an in-person or teleconference meeting within 30 days of the decision; ii the meeting on the review should occur within 30 days of the request; and iii if a meeting is requested, FDA has 30 days after the request or the meeting to issue its decision on the review, and if no meeting is requested, FDA has 45 days.

FDASIA - Food Drug Administration Safety And Innovation Act |

FDA has provided two different guidance documents intended to assist industry in making a determination as to when a new k is required for a change or modification to a device. The most recent of these guidance documents was issued in draft form in July and proposed what appeared to be significant changes to the decision-making framework.

Section of the Act requires FDA to withdraw the controversial July draft guidance, which it did on July 17, Program to Improve the Device Recall System. Section of FDASIA requires FDA to establish a program to routinely and systematically assess information relating to device recalls and use this information to proactively identify strategies for mitigating health risks presented by defective or unsafe devices.

The Act further requires FDA to clarify device recall audit check procedures, develop detailed criteria for assessing recall corrective action plans, and document the basis for each device recall termination. Clinical Holds on Investigational Device Exemptions.

Section of the Act grants FDA new authority to issue a clinical hold prohibiting an IDE sponsor from conducting an investigation if FDA determines that the device involved represents an unreasonable risk to the safety of the subjects of the investigation. In making a determination to issue a clinical hold, the new statutory provision requires FDA to take into account the qualifications of the clinical investigator, the health status of the study participants, and the condition being treated.

FDA may also establish other reasons for issuing a clinical hold by regulation. The Act affords the investigation sponsor the right to submit a written request to FDA to remove the clinical hold, but the sponsor bears the burden of submitting sufficient information to support the removal. FDA must respond in writing to a written request to remove a clinical hold within 30 days. Modification of De Novo Application Process.

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Alexander: FDA Safety and Innovation Act "affects nearly every American family"

FDA News. December 14, Please provide your email address to receive an email when new articles are posted on this topic. Receive an email when new articles are posted on this topic. Each meeting will focus on a different disease area, reviewing the armamentarium for that indication, and identifying areas of unmet need.

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FDA looks at whether the instrument is:. The presentation then noted that qualitative research can be used to establish PRO content validity. This might include:. Mullins then used the example of people with chronic pain. Focus groups conducted with patients who experience chronic pain identified 19 aspects of their lives outcome domains that are significantly impacted by the presence of their symptoms and for which improvements were important criteria that they use in evaluating the effectiveness of any treatment.

FDA will also develop a basic roadmap that could be used by patient groups interested in pursuing need for and development of PRO measures in a specific disease area. This roadmap will identify important but currently unaddressed aspects of their disease experience to potentially be considered in evaluating new therapies.

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In October , FDA will plan to hold public meeting to:. Patient Representatives serve in the several ways, including:. In choosing Patient Representatives, FDA looks for someone who brings a personal viewpoint to the process and communicates a collective patient perspective.

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A patient perspective is created when a person goes through personal experience with the disease. Drug Development Patient Consultant Program. This program incorporates the perspective of patient advocates into the drug development process; allows opportunity to participate in the FDA drug review regulatory process.

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  6. Patients are selected to participate in meetings by matching a specific illness and proposed indication for the new therapeutic drug being developed. Patients may participate in meetings via telephone between the FDA and drug companies. The newly selected patient consultant receives training and participates in monthly telephone lecture series in preparation for these meetings. To provide consultation to both FDA and the drug company, it is important that the patient consultant have background information on the drug under review. About three weeks before each meeting, the patient consultant is mailed the meeting package containing the meeting issues and questions.