Navigating the FDA, and understanding Medical Device Preemption. Special Counsel Foulston Siefkin

Similar documents
The Children s Hospital of Philadelphia Committees for the Protection of Human Subjects Policies and Procedures Determination of IND/IDE Requirement

CDRH Scorecard Metric Determination. Presentation to the Balanced Scorecard Interest Group March 17, 2005

Molecular Diagnostics: The Shift to Complexity. Molecular Diagnostics Regulation: Where do we go from here? David W Feigal, Jr.

Combination Products at US FDA

Medidée Services SA. Nano-Tera.ch. 05 February 2015 part 8. PMA, 510k, IDE. Pierre-Alain Sommer

CDRH Device Approval

Pre-Clinical Testing for Devices and Diagnostics

Food and Drug Administration (FDA) 101

An Introduction to Health Care: Agencies, Laws and Regulations

An Introduction to the Worldwide Regulatory Framework for Medical Devices. Elizabeth Malo M.S., Director, Regulatory Affairs

FDA Regulation of In Vitro Diagnostics: Current Perspectives and Initiatives

Is FMT A Drug? Lance Shea, M.S., J.D. Washington Square, Suite Connecticut Ave., NW Washington, DC, D

My Experiences as an FDA Statistician

Guidance for IRBs, Clinical Investigators and Sponsors

Murray Sheldon, MD Associate Director for Technology and Innovation Center for Devices and Radiological Health (CDRH) Office of the Center Director

Office for Human Subject Protection. University of Rochester

RE: Docket No. FDA 2017 N 0041: Agency Information Collection Activities; Proposed Collection; Comment Request; Safety Assurance Case

Overview of the FDA Approval Process for TB Diagnostics

Comparative Study of Regulatory Requirements for Biologics Filing in United States and European Union

FDA Nanotechnology Regulatory Science Program Science Board Presentation August 2010

FDA Medical Device Industry Coalition. Medical Devices 101. An Educational Forum

US FDA: CMC Issues for INDs

By: Clay Anselmo COO, DLLS, Founder Reglera and Terry J. Dagnon M.S., Vice President Regulatory Affairs, DLSS

The Role of Chemists in the FDA Drug Approval Process

Copyright. Jeremiah J. Kelly (2015). All rights reserved. Further dissemination without express written consent strictly prohibited.

Software Regulation: The Transfusion Medicine Experience

Title: Department: Approved by: Director, Human Research Review and Compliance

Research: Ethics, Informed Consent, FDA, Off Label Use

Preparing for a United States Food and Drug Administration (FDA) Inspection: VOICE

De Novo Classification Process (Evaluation of Automatic Class III Designation) Guidance for Industry and Food and Drug Administration Staff

Guidance for Industry Part 11, Electronic Records; Electronic Signatures Scope and Application

Navigating an FDA GMP and Validation Inspection- Best Practices and Pitfalls

Guidance for Industry and FDA Staff Procedures for Handling Post-Approval Studies Imposed by PMA Order

FDA s Final Rule on Medical Device Data Systems Signals Active Regulation of Data Communication Technologies

Development of Regenerative Medicine Products: FDA Perspectives

Guidance for Sponsors, Institutional Review Boards, Clinical Investigators and FDA Staff

Center for Drug Evaluation and Research. CDER Small Business and Industry Assistance. (CDER SBIA) and New Drug Review.

Medical Devices; Immunology and Microbiology Devices; Classification of the Nucleic Acid-

First Global Forum on Medical Devices Bangkok-Thailand, September Regulatory Control of Medical Devices in Tanzania

Guidance for Industry and FDA Staff. Replacement Reagent and Instrument Family Policy

DRAFT GUIDANCE. This guidance document is being distributed for comment purposes only. Document issued on: December 27, 2011

Please note that these flowcharts and checklists are from the IRB Researcher Manual.

Guidance for Industry - Computerized Systems Used in Clinical Trials

FDA s Center for Devices and Radiological Health: Strategic Priorities for 2017 and Beyond

Please note that these flowcharts and checklists are from the IRB Researcher Manual.

FDA Requirements for Clinical Investigations of Medical Devices: A Review for European Manufacturers

FDA Overview of the Process for Clearance and Approval of Mass Spectrometry-based In vitro Diagnostic Devices

FDA-Regulated Research

Copyright. Jeremiah J. Kelly (2015). All rights reserved. Further dissemination without express written consent strictly prohibited.

January 3, AtriCure Inc. Melissa Smallwood Associate Regulatory Affairs Specialist 7555 Innovation Way Mason, Ohio 45040

Role of the WHO IVD Prequalification Programme in Light of National Regulatory Authority Approval

American Academy of Orthopaedic Surgeons 2010 Annual Meeting

Clarifying digital health and software regulation: FDA releases three new guidance documents

Medical Device Development Tools. Draft Guidance for Industry, Tool Developers, and Food and Drug Administration Staff

H-20 Page 1 of 5. Institutional Review Board Policy Manual HUMANITARIAN USE DEVICE (HUD) REQUIREMENTS

FDA Regulation of Clinical Microbiology Diagnostic Devices

The Intersection of Genomics Research and the IDE Regulation

INVESTIGATIONAL DEVICE EXEMPTION APPLICATION. IDE Title (if title being used)

Medical Devices; Exemptions From Premarket Notification: Class II Devices

MEDICAL DEVICE CLINICAL INVESTIGATIONS AND ISO 14155

Glossary of Abbreviations

SUBJECT: INSTITUTIONAL REVIEW BOARD (IRB) - HUMANITARIAN USE DEVICES

FDA Drug Compliance. Pepe Rodriguez-Perez, PhD Business Excellence Consulting Inc / BEC Spain SL.

CANADA (HEALTH CANADA)

Deciding When to Submit a 510(k) for a Change to an Existing Device Guidance for Industry and Food and Drug Administration Staff

Fourth Annual Pharmaceutical Regulatory and Compliance Congress

Medical Devices; Immunology and Microbiology Devices; Classification of the Automated

FDA Oversight of Gene Therapy

INVESTIGATIONAL DEVICE EXEMPTIONS AND EARLY FEASIBILITY STUDIES TO SUPPORT DEVICE INNOVATION

Copyright. Jeremiah J. Kelly (2015). All rights reserved. Further dissemination without express written consent strictly prohibited.

U.S. FDA CENTER FOR DEVICES AND RADIOLOGICAL HEALTH UPDATE

CGMP Requirements for Investigational Products

US Regulatory and Reimbursement Issues for Life Sciences Companies

October 13, Division of Dockets Management (HFA-305) Food and Drug Administration 5630 Fishers Lane, Room 1061 Rockville, MD 20852

A Risk-based Approach for In Vitro Companion Diagnostics Device FDA Approval Process Associated with Therapies that have Breakthrough Designation

CANADA (HEALTH CANADA)

Global Clinical Trials in Korea

Kathy Weil Division of Bioresearch Monitoring Office of Compliance Center for Devices and Radiological Health US Food and Drug Administration

Investigational New Drug Application

Top 10. Changing Enforcement Environment. The Fourth Annual Medical Device Regulatory, Reimbursement and Compliance Congress November 10, 2009

Document issued on: March 19, The draft of this document was issued on May 20, 2010.

Medical Devices; Neurological Devices; Classification of the Evoked Photon Image Capture

DSCSA Implementation: Product Tracing Requirements for Dispensers Compliance Policy (Revised)

FDA Advisory Committee Trends Since FDASIA

FDA Perspectives on Novel Kidney Biomarker Tests

Niccolo Machiavelli (1523)

Mark D. Kramer, RAC Regulatory Strategies, Inc.

Volunteering for Clinical Trials

Regulatory Considerations and Trends Europe and the U.S.

FDA's Initiative to Regulate Lab- Developed Tests (LDT) will Harm Patients and Academic Pathology

Breakthrough Devices Program Draft Guidance for Industry and Food and Drug Administration Staff

CANADA (HEALTH CANADA)

Outline. Post-Submission and Post-Approval Requirements. PDUFA/MDUFA-What are they? What I have tried to provide

Human Research Protection Program Guidance for Human Research Determination

Human Research Protections Program Policies and Standard Operating Procedures

Drug Review and Related Activities in the United States (Revised July 2004) TRANSCRIPT

Agenda: Opportunities in Developing Orphan Drug Products. Mukesh Kumar, PhD, RAC

CDER 2016 Actions and 2017 Priorities. Richard Moscicki Deputy Center Director for Science Operations, CDER, FDA

Clinical Trials Management for Molecular Diagnostics. April 2016

Transcription:

Navigating the FDA, and understanding Medical Device Preemption Presented by Cydney Boler Special Counsel Foulston Siefkin cboler@foulston.com 913-253-2158 March 9, 2010

A bit of Legalese upfront: The Disclaimer The content of this presentation is my own and does not necessarily reflect the views and/or policies of Foulston Siefkin LLP. Foulston Siefkin LLP will not be bound by any of the comments or information contained in this presentation. Regulations cited during this presentation should be read in full. This is not intended as legal advice. The choice of an attorney is an important one. If you have questions or need further information please consult an attorney of your choosing.

Navigating the FDA: Where do I begin?

Food and Drug Administration Office of the Commissioner CDER: Center For Drug Evaluation and Research CVM: Center for Veterinary Medicine CTP: Center for Tobacco Products NCTR: National Center for Toxiological Research ORA: Office of Regulatory Affairs CFSAN: Center for Food Safety and Applied Nutrition CBER: Center for Biologics Evaluation Research CDRH: Center for Devices and Radiological Health For most device related inquires you will start with CDRH, but may also deal with CBER if your device deals with blood related products.

21 CFR 201(h) Medical Device Definition If a product is labeled, promoted or used in a manner that meets the following definition of the Federal Food Drug & Cosmetic (FD&C) Act it will be regulated by the Food and Drug Administration (FDA) as a medical device and is subject to premarketing and postmarketing regulatory controls. A device is: an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is: recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them, intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of it's primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.

In English Please Diagnosis, cure, mitigation, treatment or prevention of disease or condition Affects the structure or function of the body Does not achieve intended use through chemical action Is not metabolized to achieve effect

Device Classifications Class I: Low risk, general controls, exempt from premarket submissions Crutches, band aids (excluding those intended to speed up healing) Class II: Higher risk, more complex, premarket notification, 10% require clinical data Wheel chairs, tampons Class III: Highest risk, life-supporting/sustaining, premarket approval (PMA) with animal/clinical data. Heart valves, lap bands

General Controls: General Controls These are certain FDA statutory provisions designed to control the safety of marketed drugs and devices. These include provisions on adulteration, misbranding, banned devices, good manufacturing practices (GMP), notification and record keeping, and other sections of the FDA Act found in 21 CFR 360(c) and 513.

Devices vs. Drugs vs. Biologics I often hear the question: How do I know if I have a drug, device, or something else? Answer: Depends On the nature of the device industry Statutory distinctions Regulatory distinctions & similarities Research distinctions & similarities

Nature of the Device Industry Entrepreneurial firms common 93% have fewer than 100 employees Mostly venture capitalized Diverse and specialized products Device developer often involved Engineer driven Minimal clinical trials experience.

Shelf life of an average medical device is 18 months. Quick rate of change in industry. Devices on the market are quickly replaced by newer versions. Very important to work with a good patent attorney.

Statutory Distinctions Devices lack market exclusivity provisions Waxman-Hatch (drugs) Orphan drug (drug/biologics) CMS allows for payment for unapproved devices under clinical study whereas drugs generally are not reimbursable. Differences in standards approval Substantial adequate and well controlled trials for drugs Reasonable valid scientific evidence for a device. Devices must down regulate Focus at FDA is to reduce cost and time to market.

510(k) Devices: What is this? Not a form. Rather it is a section in Code of Federal Regulations. A medical device that is substantially equivalent to a device that was or is being legally marketed is covered by section 510(k) of the FD &C Act. The legally marketed device is referred to as a predicate device. A Sponsor planning to market a substantially equivalent device must submit notification to the FDA 90 DAYS IN ADVANCE of placing the device on the market.

I m in my 90 days, now what? No news is good news. If after 90 days you haven t heard anything from the FDA you are cleared to begin marketing your product. Post-marketing requirements Device pre-emption status for PMA cleared devices. Means that most state tort law claims for product liability cannot be brought. Result of Riegel v. Medtronic

FDA s Focus in 2010 for Devices Community Hospitals Institutional Review Boards Emergency Use of Devices Informed consent issues with devices

As a Device Sponsor Know the regulations or hire someone who does. Critical!!! Select qualified investigators for PMA trials or 510(k) s requiring clinical data. Obtain feedback on protocol requirements Provide adequate training UP FRONT. Ensure adequate monitoring of the trial Bring investigators into compliance.

Don t be afraid to ask for help.