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Medical Devices Standards
Medical Devices Standards
Medical Devices Standards
https://www.greenlight.guru/blog/medical-device-regulatory-classification
https://asiaactual.com/india/medical-device-classification/
https://www.qualio.com/blog/fda-medical-device-classes-differences – Details about Class 1,2 and 3 devices into market
A medical device is
• Section 201(h) of the FDCA defines, “A Medical Device as any
product that does not achieve its purposes by chemical action or
metabolization”.
– As simple as a tongue depressor
– As complex as robotic surgery devices
• WHO defines, “A Medical Device can be any instrument, apparatus,
implement, machine, appliance, implant, reagent for in vitro use,
software, material or other similar or related article, intended by the
manufacturer to be used, alone or in combination for a medical
purpose”.
Classification History
• May 28, 1976 – Medical Device Amendments
• Section 201(h) of Federal Food, Drug & Cosmetic Act (FD&C Act) –
Provides definition of a medical device
• FDA classification panels conducted initial classification of pre-
amendments medical devices, i.e., Class I, II, III
• Initial classification completed in mid-1980s
Medical Device Regulatory
• The rules that apply to your medical device depend on how your product is
classified by the regulatory agencies. Each regulatory agency has defined several
different classifications for medical devices.
• The classifications are, for the most part or as a general rule, related to the
perceived risk of the product type.
• Medical device manufacturers selling internationally need to familiarize
themselves with the applicable regulations of those markets. This is easier said
than done and can be a challenge for most manufacturers. The US has its set of
rules, while Canada adheres to another, and Europe another one still.
• Fortunately, there are many parallels between international medical device
regulations and standards. This guide is designed to show you how to classify
your device in different markets around the world.
Importance of Classification
• Knowing how your medical device is classified matters for the
following reasons:
1. Product classification will determine what you have to do before you
can sell your product.
2. Product classification will help you establish requirements during
the product development phase, specifically design controls.
3. Product classification is an important component in determining
how much it will cost to bring your device to market and give you
some idea of how long it will take.
Classification “Terms”
• Classified – Formally classified by FDA classification panel or FDA,
– Example: 21 CFR 880.2910 - Clinical electronic thermometer –
Class II 510(k)
• Un-classified – Preamendments device pending formal classification
with regulation, i.e., Class III 510(k)
• Not Classified – Postamendments device under application review
Preamendments device refers to devices legally marketed in the US by a
firm before May 28, 1976 and which have not been significantly
changed or modified since then and for which a regulation requiring a
PMA(Premarket Approval)application has not been published by FDA.
Examples of Class I Devices
• Electric Toothbrush
• Tongue Depressor
• Oxygen Mask
• Reusable Surgical Scalpel
• Bandages
• Hospital Beds
• Non-electric wheelchair
Bringing Class I Medical Devices to Market
• Class I devices are the fastest and easiest to bring to market since they
present the lowest amount of risk to the patient and are rarely critical
to life-sustaining care. The majority of Class I devices are exempt
from FDA requirements for Premarket Notification (510k) and
Premarket Approval (PMA).
• Class I devices are not exempt from FDA general controls, a series of
commands which applies to Class I, II, and III medical devices.
Examples of Class II Medical Devices
• Catheters
• Blood Pressure Cuffs
• Pregnancy Test Kits
• Syringes
• Blood Transfusion Kits
• Contact Lenses
• Surgical Gloves
• Absorbable Sutures
Bringing Class II Medical Devices to Market
Controls vary depending on the device, but according to the FDA, can include:
• Device performance
• Post-market surveillance
• Patient registries
• Special labeling requirements
• Premarket data requirements
• Guidelines
The majority of Class II devices are FDA approved for the market through the
Premarket Notification, or 510(k) process.
Examples of Class III Medical Devices
• Breast implants
• Pacemakers
• Defibrillators
• High-frequency ventilators
• Cochlear implants
• Fetal blood sampling monitors
• Implanted prosthetics
Bringing Class III Medical Devices to Market
• Class III devices are subject to all FDA General Controls and the FDA
Premarket Approval (PMA) process. The FDA writes, "due to the level
of risk associated with Class III devices, FDA has determined that
general and special controls alone are insufficient to assure the safety
and effectiveness of Class III devices".
• The PMA is the most intensive type of device marketing application
required by the FDA. Some FDA Class III devices are exempt and
may qualify for a 510(k) filing, but the majority are expected to gain
Premarket approval.
Medical Device Classification in the United
States
• In the United States, medical devices are regulated by the Food &
Drug Administration, or FDA. The specific branch within the FDA is
the Center for Devices & Radiological Health (CDRH).
• The mission of CDRH is to protect and promote public health. In other
words, ensure medical devices are safe. In the U.S., medical devices
are either Class I, Class II, or Class III. The FDA CDRH classification
is based primarily on risk the medical device poses.
• Class I medical devices are generally deemed low risk and Class III
medical devices are seen as the highest risk. The types of controls
required is dependent on your product’s classification.
Medical Device Classification in the United
States
• Classification is directly related to intended use and indications for
use. The distinction between these terms is a bit confusing.
• Intended Use is the general purpose of the medical device or its
function (what you “claim” the medical device does).
• Indications for Use describe the disease or condition the medical
device will diagnose, treat, prevent, cure, or mitigate, including a
description of the target patient population.
• Remember, the intended use and indications for use of your medical
device convey the reasons you developed this new medical device in
the first place.
Path to market in the U.S.
• FDA defines three regulatory controls for each medical device class:
1. Class I medical device (low to moderate risk): General Controls
2. Class II medical device (moderate to high risk): General Controls
and Special Controls
3. Class III medical device (high risk): General Controls and Premarket
Approval (PMA)
Medical device classification in Europe -
European Commission (EC)
• The regulations for a medical device in the European Union (EU) are
established through EU MDR 2017/745 by the European Commission
(EC).
• On 26 May 2021, EU MDR became applicable in the European Union.
The regulation amends Directive 2001/83/EC, Regulation (EC) No
178/2002 and Regulation (EC) No 1223/2009 and repealing Council
Directives 90/385/EEC and 93/42/EEC.
• The path to market in Europe is to obtain a CE marking. The requirements
to obtain CE-marking is based on the EU classification of your medical
device. The European Union’s medical device regulation (EU MDR)
includes the necessary information to determine your device class.
Medical device classification in Europe -
European Commission (EC)
• You will need to determine if your medical device is:
• Non-Invasive- Any device which does not penetrate the body through an
orifice or the surface of the body. These devices are typically Class I;
however, certain rules and exceptions apply that could make them Class
II devices or higher.
• Invasive- Any device which, in whole or in part, penetrates inside the
body, either through a body orifice or through the surface of the body.
• Active- Any device whose operation depends on a source of energy other
than that generated by the human body for that purpose, or by gravity,
and which acts by changing the density of or converting that energy.
Path to market in Europe
• The European Union has a similar product classification system as the
U.S.:
• In accordance with the European Medical Device Directive 93/42/EEC:
1. Class I = Low risk
2. Class Im (measuring device) = Low risk
3. Class Is (sterile device) = Low risk
4. Class IIa = Medium risk
5. Class IIb = Medium to high risk
6. Class III = High risk
Medical Device Classification in Canada -
Health Canada
• The medical devices regulations in Canada are established by the
Government of Canada and regulated by Health Canada.
• Like the U.S. and EU, to sell into the Canadian marketplace, you must
first determine the medical device classification under Canada’s
regulation.
• Similar to the requirements outlined in EU MDR, Health Canada
provides a fairly straightforward and easy to follow Guidance on the
Risk based Classification System for Non-In Vitro Diagnostic Devices
for medical device manufacturers to use when selling into this market.
Medical Device Classification in Canada -
Health Canada
• Health Canada defines four groups of non-in vitro diagnostic medical
devices:
1. Invasive Devices (Rules 1 - 3)
2. Non-Invasive Devices (Rules 4 - 7)
3. Active Devices (Rules 8 - 12)
4. Special Rules (Rules 13 - 16)
• For each of the broad categories, there are a set of rules which apply.
These rules are what manufacturers should follow in order to determine
the risk classification of their device.
Path to market in Canada
• There are four levels of medical device classifications in Canada:
1. Class I
2. Class II
3. Class III
4. Class IV
• Prior to going to market in Canada, you must first apply for a medical
device license. Class I medical devices do not require a license.
Manufacturers can reference the Health Canada guidance document,
which walks you through this process.
India Medical Device Classification
• The Indian classification system is based on the MDR 2017 Guidance
and are dependent on the intended use, level of risk, delivery method,
and the degree of invasiveness in the human body.
• The Indian regulatory system is currently in a transition period and only
a specified list of product types requires Import Licenses. All other
medical devices can be submitted Voluntarily during the current grace
period.
• After this voluntary period, all class A and B non-Regulatory medical
devices will have 12 months (i.e., by October 1, 2022) to obtain an
Import License. Class C and D devices will have 24 months (i.e., by
October 1, 2023) to meet the same requirement.
Path to market in India
• Products are classified into one of the following, from lowest to
highest risk:
1. Class A
2. Class B
3. Class C
4. Class D
Inference
• Whether you are submitting to the EU, FDA, Health Canada, or others,
your path to market and steps to success are determined by your
classification and requirements.
• By knowing how your device is classified, you can streamline your path
to market approval by understanding the processes and documents which
are likely to be required by the FDA.
• The differences between medical devices classified as Class I, II, or III by
the FDA is mostly risk, amount of contact with a patient and their internal
systems, and whether a device is critical to sustaining life.
• Once you’ve determined your FDA medical device class, you’ll need to
monitor your quality closely.
CE STANDARD:
• CE(Conformite Europenne) means that the product meets the
European Union's safety standards and other requirements for
sale.
• Products used in E.U are CE Listed.
What is CE Marking for Medical Device?
• To sell medical devices in the European Union (EU), you must obtain
CE Marking for your product.
• CE Marking indicates that your medical device complies with
applicable EU regulations, and enables the commercialization of your
products across all EU member states.
• As a legal medical device manufacturer, you are responsible for
maintaining regulatory compliance and securing CE marking for your
product.
How to obtain CE Marking?
• CE is not a quality mark, but compliance with the EU Medical Devices Regulation (MDR 2017/745) requires
you to meet specific standards of performance, quality, safety, and efficacy for your product type. However, the
basic process follows these steps:
1. Determine whether your product meets the definition of a medical device according to the MDR.
2. Determine the classification of your device.
3. Implement a Quality Management System, if applicable to your device. Most companies use ISO 13485 to meet
the requirements.
4. Prepare a CE Marking Technical File or a Design Dossier.
5. Prepare a Clinical Evaluation Report (CER) according to MDR.
6. Select and appoint a European Authorized Representative (EC REP) to act on your behalf within the EU if you
have no physical location in Europe.
7. Have your Technical File/Design Dossier audited by a Notified Body, unless your device is Class I, is not
sterile, and has no measuring function.
8. Obtain CE Marking and ISO 13485 certificates from your Notified Body.
9. Prepare a Declaration of Conformity (DoC), which states that your device complies with the MDR.
UL STANDARD:
• UL(Underwriters Laboratories) means the product meets the
standards of Underwriters Laboratories, a private safety testing
organization.
• Products used in U.S are UL Listed.
What is UL Marking for Medical Device?
• UL certifies products with the intent to make the world safer for
consumers and workers.
• Along with product safety testing, UL sets the industry standards for
companies to follow during the process of innovating new products.
• UL continually checks products to ensure they meet standards and are
constructed properly for the highest level of safety.
• For instance, UL testing will review whether devices can handle the
proper amount of current and whether wire sizes are correct.
UL Marked Equipments Category:
• Equipment that UL addresses tends to fall into the following categories:
• IT
• Appliances
• Cable and wire
• Signaling alarms
• Electronic equipment
• Electrical components
• Equipment to be used in hazardous areas
• Fire suppression and protection equipment
UL Marking:
• This UL listing mark is most often seen on:
• Heaters
• Furnaces
• Life jackets
• Smoke detectors
• Sprinkler systems
• Electrical appliances
• Bullet-resistant glass
• Computer equipment
• Carbon monoxide detectors
How to obtain UL Marking?
UL will help manufacturers maintain certifications and identify and close gaps in regulation. So how do you get
UL listed? A manufacturer can obtain,
• Facility certification : UL can evaluate how well an operation adheres to the applicable healthcare safety
standards and regulations. UL will review plans, conduct checks for safety issues, assess the performance of
components and products and perform on-site evaluations.
• Process certification: UL can also work with you to make sure business processes meet the applicable
requirements and standards.
• Personnel certification: UL’s personnel certification can help empower practitioners with qualifications
needed to effectively and safely perform their work.
• System certification : UL offers system certification to evaluate how individual processes and products
work together.
• Product certification: A product certification from UL can demonstrate that a product has been tested and
meets applicable standards.
What is ICMED?
• In order to enhance patient safety, provide enhanced consumer protection, eliminate trading
of sub-standard products or devices of doubtful origins, independent third party voluntary
certification system to assure quality of medical devices manufactured in the country
has been rolled out.
• To help address this gap, the Association of Indian Medical Device Industry (AIMED) in
collaboration with the Quality Council of India (QCI) and the National Accreditation Board
for Certification Bodies (NABCB) established a voluntary quality certification scheme for
medical devices in India, ICMED 13485.
https://www.youtube.com/watch?v=lRFwcnpYYXw
https://www.youtube.com/watch?v=WXesC2ajDfA
• The client shall ensure that the certificate is used only with reference to specific manufacturing
facility. Accordingly, the Certification Mark shall be put on the product (also refer Labelling
guidelines, F103-28 MED ICMED -Labelling Checklist) carrying reference to the supplies made
by the certified manufacturing facility and shall carry the following information as minimum: a)
Certification Mark (Under certification mark, ICMED-001/2016, and certificate no. will be
marked) b) CB Logo (Optional)
• Certification mark shall be put only on the products included in the scope of certification as
mentioned on the certificate issued by Intertek.
Criteria which may result in Suspension of
certification in instances when not adhered to
Intertek shall issue instructions to the certified organization for suspension of certification when
a) the major NCs issued are not closed in timelines prescribed
b) repeated major NCs are raised in consecutive surveillance assessments
c) there is failure to organize a surveillance audit within the specified time period
d) there is non payment of outstanding dues
e) any major changes have taken place in the legal status, ownership, name etc without prior information to the CB
f) any wilful misuse of the logo of the Scheme is detected
g) any wilful false declaration in the application form or otherwise is detected
h) excessive or serious complaints against the certified organization management system are recieved and are found to be
valid
i) the certified organization voluntarily requests a suspension.Such request must be submitted in writing to the CB along with
the reasons. The CB may decide to accept the request but may not allow the client to revoke suspension on its own
Non conformance (NC) is an ISO 9000 audit designation indicating the quality management system or a portion of it does not
meet the requirements established by ISO 9000.
Criteria which may result in Withdrawal of
certification in instances when not adhered to
Intertek shall withdraw the certificate when
• Certified organization contravenes the terms and conditions of certification and provisions of the ICMED
scheme
• The certified organization is not conforming to the requirements of the Certification Criteria and the corrective
actions taken are not ensuring compliance
• The proposed plan for corrective actions will take a considerable time beyond 6 months for implementation;
Intertek shall withdraw the certificate at the request of the certified plant, if the operation(s) in the certified
organization can no longer be carried due to reasons of natural calamities such as flood, fire, earthquake etc, lock
out declared by the management, or closure of business operations etc .
INSTITUTIONAL REVIEW BOARDS –
IDE FORMAT- INTRODUCTION
• Experimentation on human being is subject to ethical standards that
promote respect for all and protect their health and rights.
• Research requiring ethical review:
• Research involving living human subjects and use of their medical
records.
• Research involving human remains, cadavers, biological fluids,
tissues, embryos, fetuses and etc.
Investigational Device Exemptions
• A clinical trial is a scientific research study that is typically designed to test the
safety and effectiveness of a new drug, device or treatment on humans.
• A clinical trial is conducted with voluntary patients who qualify according to set
inclusion/exclusion criteria which are usually based on age, gender, type or stage
of disease, treatment history and other medical conditions.
• Participants in clinical trials can potentially gain access to new treatments before
they are available to the public and obtain expert medical care. However, many
trials are "randomized," which means that participants are randomly assigned to
receive either the new treatment or the control group (e.g. current standard of care
or placebo) treatment, so not all participants will receive the drug or device being
studied.
• Also, participants run the risk of serious or life-threatening side effects to any new treatment.
In the United Statues, clinical trials are conducted under the direction of the Food and Drug
Administration (FDA) before being made available for general clinical use in healthcare.
Preclinical Studies Definition
• Preclinical studies refer to the testing of a drug, procedure or other medical treatment in
animals before trials may be carried out in humans. During preclinical drug development,
the drug’s toxic and pharmacological effects need to be evaluated through in vitro and in
vivo laboratory animal testing.
• The FDA requires sponsoring companies to develop a pharmacological profile, determine
toxicity in at least two species of animals and conduct short-term toxicity studies. Various
preclinical requirements exist for different kinds of laboratory animals. Information gathered
in preclinical studies are used as evidence and support in FDA applications for the approval
of new drugs and medical procedures
IDE Responsibilities
General responsibilities
Sponsors are responsible for selecting qualified investigators and providing them with the
information that they need to conduct the investigation properly. They must also ensure proper
monitoring of the investigation and IRB review and approval, submit an IDE application to FDA for
significant risk device studies, and inform the IRB and FDA promptly of any significant new
information about the investigation.
FDA and IRB approval
A sponsor cannot begin an investigation or any part of an investigation until an IRB and
FDA have both approved the application or supplemental application.
Selecting Investigators
A sponsor is responsible for selecting investigators qualified by training and experience to
investigate the device.
Investigator Agreements
A sponsor must obtain a signed agreement from each participating investigator that includes:
• the investigator's curriculum vitae,
• a statement of the investigator's relevant experience, including the dates, location, extent, and type of experience,
where applicable.
• An explanation of the circumstances that led to termination of a study if the investigator was involved in an
investigation or other research that was terminated, a statement of the investigator's commitment to:
• conduct the investigation in accordance with the agreement, the investigational plan, the IDE and other
applicable FDA regulations, and conditions of approval imposed by the reviewing IRB or FDA,
• supervise all testing of the device involving human subjects. and
• ensure that the requirements for obtaining informed consent are met.
• sufficient accurate financial disclosure information to allow the sponsor to submit a complete and accurate certification
or disclosure statement as required under 21 CFR 54, Financial Disclosure by Clinical Investigators. The sponsor shall
also obtain a commitment from the clinical investigator to promptly update this information if any relevant changes
occur during the course of the investigation and for one year following completion of the study. (The financial
certification or disclosure is submitted in the PMA or Premarket Notification 510(k) application. It should not be
submitted in the IDE application.)
Informing investigators
A sponsor must supply all investigators participating in the investigation with copies of the investigational plan
and a report of prior investigations of the device.
Monitoring
Securing Compliance: A sponsor who discovers that an investigator is not complying with the signed
agreement, the investigational plan, the IDE requirements, any other applicable FDA regulations, or any
conditions of approval imposed by the reviewing IRB or FDA must promptly either secure compliance, or
discontinue shipments of the device to the investigator and terminate the investigator's participation in the
investigation. A sponsor must also require that the investigator dispose of or return the device, unless this action
would jeopardize the rights, safety, or welfare of a subject.
Unanticipated Adverse Device Effects: The sponsor must immediately conduct an evaluation of any
unanticipated adverse device effect. A sponsor who determines that an unanticipated adverse device effect
presents an unreasonable risk to subjects must terminate all investigations or parts of the investigations
presenting that risk as soon as possible. Termination must occur no later than 5 working days after the sponsor
makes this determination and no later than 15 working days after the sponsor first received notice of the effect.
Resumption of Terminated Studies: For significant risk device investigations, a sponsor may not resume a
terminated investigation without IRB and FDA approval. For a nonsignificant risk device investigation, a
sponsor may not resume a terminated investigation without IRB approval. If the nonsignificant risk study was
terminated for unanticipated adverse device effects, the sponsor must also obtain FDA approval.
Sponsor records
The sponsor must maintain accurate and complete records relating to the investigation. These records include:
• all correspondence including required reports,
• records of shipment of the device,
• records of disposition of the device
• signed investigator agreements including financial disclosure information,
• records concerning complaints and adverse device effects whether anticipated or not,
• any other records that FDA requires to be maintained by regulation or by specific requirement for a category
of investigation or a particular investigation.
Sponsor Reports
The sponsor must provide the following reports in a timely manner to FDA, the IRB's, and/or the
investigators.
• The investigator is responsible for protecting the rights, safety, and welfare of subjects. An investigator
must conduct the investigation in accordance with the signed agreement with the sponsor, the
investigational plan, the IDE regulations and other applicable FDA regulations, and any conditions of
approval imposed by an IRB and FDA. (§812.100)
• While awaiting approval of an IDE application, an investigator may determine whether or not potential
subjects would be interested in participating in an investigation, but cannot request written informed
consent or allow any subjects to participate before obtaining IRB and FDA approval.
Informed Consent
• An investigator is responsible for obtaining informed consent under 21 CFR Part 50.
Supervision of device use (§812.110)
• An investigator can permit use of the investigational device only with subjects under his/her supervision
and cannot not supply an investigational device to any person not authorized under the IDE regulations
to receive it.
Financial Disclosure
The clinical investigator must disclose to the sponsor sufficient accurate financial information to allow the
IDE applicant (or sponsor) to submit certification or disclosure of financial interests under 21 CFR 54. The investigator
must update the information if any relevant changes occur during the course of the investigation and for one year
following completion of the study.
Device Disposal
Upon completion or termination of a clinical investigation or the investigator's part of the investigation or at
the sponsor's request, an investigator must return to the sponsor any remaining supply of the device or dispose of the
device as the sponsor directs.
Records (812.140)
• The investigator must maintain accurate and complete records relating to the investigation. These records
include:
• all correspondence including required reports,
• records of receipt, use, or disposition of the investigational device,
• records of each subject's case history and exposure to the device,
• the protocol and documentation (date and reason) for each deviation from the protocol,
• any other records that FDA requires to be maintained by regulation or by specific
requirement for a category of investigation or a particular investigation.
• See Records for additional information on recordkeeping requirements.
Investigator Reports
• The investigator must provide the following reports in a timely manner to the sponsor
and/or the IRB.
• Unanticipated Adverse Device Effects
• Withdrawal of IRB Approval
• Progress Reports
• Deviations from the Investigational Plan
• Failure to obtain Informed Consent
• Final Report
Responsibilities of Monitors
• The sponsor is responsible for selecting monitors qualified by training and experience to monitor
the investigational study. Monitors may be employees of the sponsor or an organization contracted
by the sponsor to perform the duties of the study monitor.
• The monitor is responsible for securing compliance with the requirements of the IDE regulations
(§ 812.46). The monitor must assure that the investigators are complying with the signed
agreement, the investigational plan, the IDE requirements, any other applicable FDA regulations,
or any conditions of approval imposed by the reviewing IRB or FDA.
• The IDE regulation requires that the sponsor identifies the name and address of the monitor and
provide written monitoring procedures [§812.25(e)]. While the IDE regulations do not specify the
content of the written monitoring procedures, FDA has published the following guidance
documents to assist sponsors in the development of such procedures.
IDE Informed Consent :
• No clinical investigator may involve a human being as a subject in research unless the investigator
has obtained the legally effective informed consent from the subject.
• Informed Consent is a written notification to human subjects involved in clinical investigations
that provides them with sufficient opportunity to consider whether or not to participate in the
study.
• The informed consent document must include all the basic elements of informed consent (outlined
below) or it may be a short form written consent document stating that the elements of informed
consent have been presented orally. If the short form method is used, there must be a witness to the
oral presentation.
Additional elements of informed consent. When appropriate, one or more of the following elements
of information must be provided to each subject:
• A statement that a particular treatment or procedure may involve risks to the subject (or to the
embryo or fetus, if the subject is or may become pregnant) which are currently unforeseeable.
• Anticipated circumstances under which the subject’s participation may be terminated by the
investigator without regard to the subject’s consent.
• Any additional costs to the subject that may result from participation in the research.
• The consequences of a subject’s decision to withdraw from the research and procedures for
orderly termination of participation by the subject.
• A statement that significant new findings developed during the course of the research which
may relate to the subject’s willingness to continue participation will be provided to the
subject.
• The approximate number of subjects involved in the study.
IDE Application
Protocols involving an exception to the informed consent requirement under
this section must be performed under a separate investigational device exemption
(IDE) that clearly identifies such protocols as protocols that may include subjects
who are unable to consent.
The submission of those protocols in a separate IDE is required even if an IDE for
the same device already exists.
Applications for investigations under this section may not be submitted as
amendments to an approved IDE
CFR - Code of Federal Regulations Title 21
(a) Request. A sponsor may request FDA to waive any requirement of this part. A waiver request, with
supporting documentation, may be submitted separately or as part of an application to the address in §
812.19.
(b) FDA action. FDA may by letter grant a waiver of any requirement that FDA finds is not required by the
act and is unnecessary to protect the rights, safety, or welfare of human subjects.
(c) Effect of request. Any requirement shall continue to apply unless and until FDA waives it.
This part applies to all clinical investigations of devices to determine safety and
effectiveness, except as provided in paragraph (c) of this section.
Sec. 812.5 Labeling of investigational devices.
(a) Contents. An investigational device or its immediate package shall bear a label with the
following information: the name and place of business of the manufacturer, packer, or
distributor (in accordance with § 801.1), the quantity of contents, if appropriate, and the
following statement: "CAUTION - Investigational device. Limited by Federal (or United
States) law to investigational use."
The label or other labeling shall describe all relevant contraindications, hazards, adverse
effects, interfering substances or devices, warnings, and precautions.
(b) Prohibitions. The labeling of an investigational device shall not bear any statement that
is false or misleading in any particular and shall not represent that the device is safe or
effective for the purposes for which it is being investigated.
(c) Animal research. An investigational device shipped solely for research on or
with laboratory animals shall bear on its label the following statement: "CAUTION
- Device for investigational use in laboratory animals or other tests that do not
involve human subjects."
(d) The appropriate FDA Center Director, according to the procedures set forth in §
801.128 or § 809.11 of this chapter, may grant an exception or alternative to the
provisions in paragraphs (a) and (c) of this section, to the extent that these
provisions are not explicitly required by statute, for specified lots, batches, or other
units of a device that are or will be included in the Strategic National Stockpile.
INTRODUCTION - IRB
• Only those IRB members who are independent of the clinical trial and the
Sponsor of the trial should vote / provide opinion in matters related to the
study.
• Only members who participate in the IRB/IEC review and discussion should
vote/provide their opinion and/or advise.
• The IRB should perform its functions according to written standard operating
procedures, should maintain written records of its activities and minutes of its
meetings, and should comply with GCP and with the applicable regulatory
requirement(s).
Cont….
.
• The investigator may provide information on any aspect of the trial, but
should not participate in the deliberations of the IRB or in the
vote/opinion of the IRB.
• The IRB should establish, document in writing, and follow its procedures,
which should include.
• Determining its composition (names and qualifications of the members).
• Scheduling, notifying its members of, and conducting its meetings.
• Conducting initial and continuing review of trials.
• Determining the frequency of continuing review, as appropriate
Cont…..
• The IRB should consider the qualifications of the investigator for the proposed trial, as documented by
a current curriculum vitae and / or by any other relevant documentation the IRB requests.
Cont…..
• The IRB/IEC should conduct continuing review of each ongoing trial at intervals appropriate to the degree
of risk to human subjects, but at least once per year.
• The IRB may request more information than is given to study subjects when, in the judgement of the IRB
the additional information would add meaning to the protection of the rights, safety and/or well-being of the
subjects.
• The IRB should review both the amount and method of payment to subjects to assure neither compulsion
nor undue influence on the trial subjects.
• Payments to a subject should be prorated (day basis) and not wholly contingent on completion of the trial
by the subject.
• The IRB should ensure that information regarding payment to subjects, including the methods, amounts,
and schedule of payment to trial subjects, is set forth in the written informed consent form and any other
written information to be provided to subjects.
IRB REVIEW PROCESS
ETHICAL REVIEW PROCESS
IRB DECISION FLOW CHART
MEETING OF COMMITTEE
Initially, the Board will meet every other month and review all applications
• The schedule for the meetings for the entire year will be circulated on the
first of August the prior year.