Sunday, 9 May 2021

US FDA Device Defintion & Regulatory Authority

Federal Food Drug & Cosmetic (FD&C) Act section 201(h) have device definition.

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:

1.  recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them,

2.  intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man, or

3. intended to affect the structure or any function of the body of man, and which does not achieve its primary intended purposes through chemical action within or on the body of man and

which does not achieve its primary intended purposes through chemical action within or on the body of man and which is not dependent upon being metabolized for the achievement of its primary intended purposes.

The term "device" does not include software functions excluded pursuant to section 520(o).

The following software functions are excluded from device definition,

·       Software Function Intended for Administrative Support of a Health Care Facility

·       Software Function Intended for Maintaining or Encouraging a Healthy Lifestyle

·       Software Function Intended to Serve as Electronic Patient Records

Click here to know more about software function which are excluded from device defintion.

Device definition includes In vitro diagnostic product (IVD).

Definition: In vitro diagnostic products are those reagents, instruments, and systems intended for use in diagnosis of disease or other conditions, including a determination of the state of health, in order to cure, mitigate, treat, or prevent disease or its sequelae. Such products are intended for use in the collection, preparation, and examination of specimens taken from the human body. [21 CFR 809.3]

Regulatory authority: FDA's Center for Devices and Radiological Health (CDRH) is responsible for regulating firms who manufacture, repackage, relabel, and/or import medical devices sold in the United States.

CDRH regulates radiation-emitting electronic products (medical and non-medical) such as lasers, x-ray systems, ultrasound equipment, microwave ovens and color televisions.

CDRH regulates the devices including (medical devices and IVDs).

IVDs are considered as biological products subject to section 351 of the Public Health Service Act. They are generally also subject to categorization under the Clinical Laboratory Improvement Amendments (CLIA '88) of 1988.

Other Regulatory authority:

Center for Drug Evaluation and Research (CDER): Human drugs

 Center for Biologics Evaluation and Research (CBER): Biological products which include blood and blood products, and blood banking equipment

Center for Veterinary Medicine (CVM):Products used with animals

 

References:

https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance

21 CFR 

 

 


No comments:

Post a Comment