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FDA Regulatory Assistance
In the US, the marketing of medical device innovations are regulated by the
Food and Drug Administration's Center for Devices and Radiological Health
(CDRH) in Silver Spring, Maryland. Regulation is risk-based and three risk
classifications are identified: Class 1 (low risk; FDA registration & listing),
Class 2 (moderate risk; FDA premarket notification), and Class 3 (high risk;
FDA premarket approval). Risk depends primarily upon intended use and
the uncertainty regarding establishing safety and effectiveness of a new
medical device. The figure on the right, based on the well-known 1990
Henderson-Clark product innovation model, describes this in greater detail
for Class 2 and 3 devices. New devices that have a legally marketed
predicate are required to provide premarket notification and obtain
administrative clearance prior to marketing in the US. New devices that
have no legally marketed predicate are required to obtain premarket
approval (which is very different from administrative clearance) prior to
marketing in the US. Clinical trials are required for all premarket approval
requests and for a minority of premarket notification requests.
We can assist you with:
•
obtaining FDA small business certification for lower cost user fees;
•
completing/maintaining your establishment registration and device
listing(s);
•
preparing/submitting a request for a device classification ruling, also
known as a 513(g);
•
preparing/submitting Traditional, Abbreviated, or Special premarket
notifications, also known as a 510(k) and the now mandatory e-Copy;
•
preparing/submitting a request for an Investigational Device
Exemption (IDE) and then preparing/submitting a study proposal,
including an Informed Consent compliant with 21 CFR Part 50, for
Institutional Review Board (IRB) approval; please note that an IDE is
NOT an exemption from Design Controls (21 CFR 812.1(a));
•
preparing, justifying, and submitting a request for a de novo
reclassification, if your device is found to be Not Substantially
Equivalent (NSE) to your claimed predicate;
•
preparing/submitting a request for premarket approval (PMA) and then
post-PMA supplements;
•
preparing/responding to FDA District Office inspection deficiencies,
also known as Form 483 observations;
•
preparing/submitting reports under the Medical Device Reporting
(MDR) rule; and
•
various other medical device regulatory services.
Please see next sections for assistance with:
Design Controls, Risk Management, & Human Factors.
They are all interconnected!
Keys to rapid, successful 510(k) clearance:
•
correctly identifying one (or more) legally marketed
predicate(s),
•
correctly identifying the required testing for your
specific device, as specified in (international)
consensus standards and FDA special controls,
•
correctly and completely doing the required testing
and testing documentation,
•
preparing a submission that includes all the
requisite elements for your type of device, and
•
preparing the now mandatory, validated e-Copy.