FDA’s Role in the Safe Use of Medical Devices: Why Otolaryngologists’ Input Is Imperative
From the AAO-HNS Medical Devices and Drugs Committee Committee Chair and Series Editor: Anand K. Devaiah, MD Associate Professor, Departments of Otolaryngology, Neurological Surgery, and Ophthalmology Boston University School of Medicine and Boston Medical Center Anjum Khan, MD, MPH Medical Officer, Division of Ophthalmic and Ear, Nose, and Throat Devices Office of Device Evaluation, CDRH, FDA Adjunct Clinical Associate Professor of Surgery, Uniformed Services University, Bethesda, MD Marilyn Neder Flack, MA Executive Director, Association for the Advancement of Medical Instrumentation (AAMI) Foundation at AAMI, Silver Spring, MD Rahul Shah, MD, Associate Professor of Otolaryngology and Pediatrics, Children’s National Medical Center and George Washington University, Washington, DC Member, ENT Device Advisory Panel, FDA Introduction As scientific and technological advances enhance the pace of medical device1 innovation, there is increasing reliance on medical devices for patient care. Otolaryngologists, who may work in settings such as outpatient, emergency, surgical, and/or nursing home care, use a wide variety of devices for diagnosis, mitigation, and treatment of medical conditions for their patients. The inaugural article in this series for the Bulletin introduces the basic concepts of how the Food and Drug Administration (FDA) functions in regulating devices and drugs. Having a more in-depth understanding of the FDA, and how it works to ensure the safety and effectiveness of medical devices used by otolaryngologists in the above care settings is important. It enables otolaryngologists to know how they may play an active role in protecting the safety of their own patients, and in contributing to the nation’s public health related to medical devices. As discussed in this two-part article, one critical role otolaryngologists can play in assisting FDA in its mission to protect and promote the public health is that of an “active reporter”of problems they encounter with actual clinical use of medical devices. The FDA’s Center for Devices and Radiological Health (CDRH) is responsible for reviewing pre-market applications for medical devices to ensure the devices meet the regulatory requirement of a reasonable assurance of safety and effectiveness. CDRH utilizes both pre-market programs to review device information prior to permitting manufacturers to legally market medical devices and post-market programs to perform surveillance of device performance once it is in widespread clinical use. It also has research, compliance, and educational components that round out the center’s efforts to protect and promote the public health with respect to medical devices. The focus of this article is on the pre-market and post-market work conducted by CDRH, and how otolaryngologists can contribute to ensuring and optimizing medical device safety for their patients. CDRH Pre-market Activities Medical devices vary greatly in the complexity of their technology. A device may be as simple as a tongue blade or as technologically complex and sophisticated as a fully implantable hearing aid or cochlear implant. In 1976, the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act acknowledged and accommodated for the differences in complexity and level of safety of the myriad medical devices by creating a three-tiered, risk-based classification. The level of regulatory oversight for each device type is based on the classification level (Class I, II, or III) into which it is assigned. Class I devices pose a low-to-moderate risk for causing patient or user injury and have minimal potential for harm. Examples of otolaryngologic devices in this category include tuning forks, tongue blades, and most air-conduction hearing aids. Most of these items are, in fact, exempt from pre-market review by FDA. They are still required to comply with certain general regulatory controls such as good manufacturing practices, provisions regarding adulteration and misbranding, reporting of certain types of post-market problems, and others to provide reasonable assurance of the device’s safety and effectiveness. Safety and effectiveness of these devices are generally well understood and they constitute about 47 percent of all devices in the marketplace.2 Class II devices typically pose moderate to high risks for patient or user injury and are generally more complex than Class I devices. General controls alone are insufficient to provide a reasonable assurance of their safety and effectiveness. Most require thorough review of a Pre-Market Notification [also known as a “510(k)”] to demonstrate that the device is “substantially equivalent”to a legally marketed “predicate”device. Most 510(k) submissions do not require clinical data if bench/animal data are sufficient to show substantial equivalence (SE) to a predicate device(s). A device is substantially equivalent if, in comparison to a predicate it: Has the same intended use as the predicate; and Has the same technological characteristics as the predicate; or Has the same intended use as the predicate; and Has different technological characteristics and the information submitted to FDA in the 510(k): Does not raise different questions of safety and effectiveness; and Demonstrates that the device is at least as safe and effective as the legally marketed device.3 Thus, a new device may be different from its predicate in composition or technological characteristics and may still claim SE as long as: 1. the new device does not have a new intended use, 2. the new device raises no different questions of safety and effectiveness, and 3. adequate performance data are provided to support the safety and effectiveness of the changes compared to the predicate. For example, when a company marketing endoscopes (e.g., laparoscopes, laryngoscopes, and cystoscopes) makes changes to design or materials of the scopes, but the function and the indications for use of the scopes remain similar to a previous generation of the scopes, marketing clearance may be granted without the manufacturer submitting clinical data with the new device, although relevant preclinical bench performance testing would likely be required. Almost 43 percent of all medical devices currently in the marketplace are reviewed through the 510(k) pre-market notification (PMN) program.4 Otolaryngologic devices in this Class II category include endoscopes, PORPS/TORPS, tinnitus maskers, radiofrequency tonsillectomy devices, and tracheo-esophageal prostheses. As noted above, Class II devices, in additional to the general controls required for Class I devices, have additional data requirements. These typically include submission of a 510(k) and special controls (e.g., specified performance testing, clinical testing, specific information in physician and/or patient labeling) to ensure a reasonable assurance of safety and effectiveness. For example, performance testing for audiometers requires compliance with American National Standard Institute S3.6-1996, “Specification for Audiometers.” Class III devices pose the highest risk for patients or users and include devices that support or sustain human life, are of substantial importance in preventing impairment of human health, or present a potential unreasonable risk of illness or injury. The safety and effectiveness profiles of these types of devices are typically not well understood, such that special controls cannot be established to provide a reasonable assurance of safety and effectiveness (as for Class II devices). In this case, the safety and effectiveness of the device is evaluated through review of a Premarket Approval (PMA) application. The manufacturer must receive FDA approval of its PMA application prior to marketing the device. Approval of the application is based on a determination by FDA that the PMA contains sufficient information, which usually includes data from a well-designed clinical trial, to provide a reasonable assurance of safety and effectiveness of the device for its intended use(s). Examples of devices in this classification include implantable vagus nerve stimulators, cochlear implants, and auditory brain stem implants. Only about 10 percent of all devices in the marketplace have required review under this program.5 Sources 1. Medical Device Definition as defined in section 201(h) of the Food, Drug, and Cosmetic Act: A medical device diagnoses, cures, mitigates, treats, or prevents a disease /condition or affects the function or structure of the body and does not achieve Intended Use through chemical action and is not metabolized (Source: http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21-chap9-subchapII-sec321.pdf see page 5) (Last accessed on 11-26-13). 2. Classification of Devices http://www.fda.gov/MedicalDevices/ResourcesforYou/Consumers/ucm142523.htm (Last accessed on 11-25-13). 3. Premarket Notification (510k)> How to Find a Predicate Device www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/PremarketSubmissions/PremarketNotification510k/default.htm (Last accessed on 11-25-13) 4., 5. http://www.fda.gov/MedicalDevices/ResourcesforYou/Consumers/ucm142523.htm (Last accessed on 11-25-13)
From the AAO-HNS Medical Devices and Drugs Committee
Committee Chair and Series Editor: Anand K. Devaiah, MD
Associate Professor, Departments of Otolaryngology, Neurological Surgery, and Ophthalmology
Boston University School of Medicine and Boston Medical Center
Anjum Khan, MD, MPH
Medical Officer, Division of Ophthalmic and Ear, Nose, and Throat Devices
Office of Device Evaluation, CDRH, FDA
Adjunct Clinical Associate Professor of Surgery, Uniformed Services University, Bethesda, MD
Marilyn Neder Flack, MA
Executive Director, Association for the Advancement of Medical Instrumentation (AAMI) Foundation at AAMI, Silver Spring, MD
Rahul Shah, MD, Associate Professor of Otolaryngology and Pediatrics, Children’s National Medical Center and George Washington University, Washington, DC
Member, ENT Device Advisory Panel, FDA
Introduction
As scientific and technological advances enhance the pace of medical device1 innovation, there is increasing reliance on medical devices for patient care. Otolaryngologists, who may work in settings such as outpatient, emergency, surgical, and/or nursing home care, use a wide variety of devices for diagnosis, mitigation, and treatment of medical conditions for their patients.
The inaugural article in this series for the Bulletin introduces the basic concepts of how the Food and Drug Administration (FDA) functions in regulating devices and drugs. Having a more in-depth understanding of the FDA, and how it works to ensure the safety and effectiveness of medical devices used by otolaryngologists in the above care settings is important. It enables otolaryngologists to know how they may play an active role in protecting the safety of their own patients, and in contributing to the nation’s public health related to medical devices. As discussed in this two-part article, one critical role otolaryngologists can play in assisting FDA in its mission to protect and promote the public health is that of an “active reporter”of problems they encounter with actual clinical use of medical devices.
The FDA’s Center for Devices and Radiological Health (CDRH) is responsible for reviewing pre-market applications for medical devices to ensure the devices meet the regulatory requirement of a reasonable assurance of safety and effectiveness. CDRH utilizes both pre-market programs to review device information prior to permitting manufacturers to legally market medical devices and post-market programs to perform surveillance of device performance once it is in widespread clinical use. It also has research, compliance, and educational components that round out the center’s efforts to protect and promote the public health with respect to medical devices. The focus of this article is on the pre-market and post-market work conducted by CDRH, and how otolaryngologists can contribute to ensuring and optimizing medical device safety for their patients.
CDRH Pre-market Activities
Medical devices vary greatly in the complexity of their technology. A device may be as simple as a tongue blade or as technologically complex and sophisticated as a fully implantable hearing aid or cochlear implant.
In 1976, the Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act acknowledged and accommodated for the differences in complexity and level of safety of the myriad medical devices by creating a three-tiered, risk-based classification. The level of regulatory oversight for each device type is based on the classification level (Class I, II, or III) into which it is assigned.
Class I devices pose a low-to-moderate risk for causing patient or user injury and have minimal potential for harm. Examples of otolaryngologic devices in this category include tuning forks, tongue blades, and most air-conduction hearing aids. Most of these items are, in fact, exempt from pre-market review by FDA. They are still required to comply with certain general regulatory controls such as good manufacturing practices, provisions regarding adulteration and misbranding, reporting of certain types of post-market problems, and others to provide reasonable assurance of the device’s safety and effectiveness. Safety and effectiveness of these devices are generally well understood and they constitute about 47 percent of all devices in the marketplace.2
Class II devices typically pose moderate to high risks for patient or user injury and are generally more complex than Class I devices. General controls alone are insufficient to provide a reasonable assurance of their safety and effectiveness. Most require thorough review of a Pre-Market Notification [also known as a “510(k)”] to demonstrate that the device is “substantially equivalent”to a legally marketed “predicate”device. Most 510(k) submissions do not require clinical data if bench/animal data are sufficient to show substantial equivalence (SE) to a predicate device(s). A device is substantially equivalent if, in comparison to a predicate it:
- Has the same intended use as the predicate; and
- Has the same technological characteristics as the predicate; or
- Has the same intended use as the predicate; and
- Has different technological characteristics and the information submitted to FDA in the 510(k):
- Does not raise different questions of safety and effectiveness; and
- Demonstrates that the device is at least as safe and effective as the legally marketed device.3
Thus, a new device may be different from its predicate in composition or technological characteristics and may still claim SE as long as: 1. the new device does not have a new intended use, 2. the new device raises no different questions of safety and effectiveness, and 3. adequate performance data are provided to support the safety and effectiveness of the changes compared to the predicate. For example, when a company marketing endoscopes (e.g., laparoscopes, laryngoscopes, and cystoscopes) makes changes to design or materials of the scopes, but the function and the indications for use of the scopes remain similar to a previous generation of the scopes, marketing clearance may be granted without the manufacturer submitting clinical data with the new device, although relevant preclinical bench performance testing would likely be required. Almost 43 percent of all medical devices currently in the marketplace are reviewed through the 510(k) pre-market notification (PMN) program.4
Otolaryngologic devices in this Class II category include endoscopes, PORPS/TORPS, tinnitus maskers, radiofrequency tonsillectomy devices, and tracheo-esophageal prostheses. As noted above, Class II devices, in additional to the general controls required for Class I devices, have additional data requirements. These typically include submission of a 510(k) and special controls (e.g., specified performance testing, clinical testing, specific information in physician and/or patient labeling) to ensure a reasonable assurance of safety and effectiveness. For example, performance testing for audiometers requires compliance with American National Standard Institute S3.6-1996, “Specification for Audiometers.”
Class III devices pose the highest risk for patients or users and include devices that support or sustain human life, are of substantial importance in preventing impairment of human health, or present a potential unreasonable risk of illness or injury. The safety and effectiveness profiles of these types of devices are typically not well understood, such that special controls cannot be established to provide a reasonable assurance of safety and effectiveness (as for Class II devices). In this case, the safety and effectiveness of the device is evaluated through review of a Premarket Approval (PMA) application. The manufacturer must receive FDA approval of its PMA application prior to marketing the device. Approval of the application is based on a determination by FDA that the PMA contains sufficient information, which usually includes data from a well-designed clinical trial, to provide a reasonable assurance of safety and effectiveness of the device for its intended use(s). Examples of devices in this classification include implantable vagus nerve stimulators, cochlear implants, and auditory brain stem implants. Only about 10 percent of all devices in the marketplace have required review under this program.5
Sources
1. Medical Device Definition as defined in section 201(h) of the Food, Drug, and Cosmetic Act: A medical device diagnoses, cures, mitigates, treats, or prevents a disease /condition or affects the function or structure of the body and does not achieve Intended Use through chemical action and is not metabolized (Source: http://www.gpo.gov/fdsys/pkg/USCODE-2010-title21/pdf/USCODE-2010-title21-chap9-subchapII-sec321.pdf see page 5) (Last accessed on 11-26-13).
2. Classification of Devices http://www.fda.gov/MedicalDevices/ResourcesforYou/Consumers/ucm142523.htm (Last accessed on 11-25-13).
3. Premarket Notification (510k)> How to Find a Predicate Device www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/PremarketSubmissions/PremarketNotification510k/default.htm (Last accessed on 11-25-13)
4., 5. http://www.fda.gov/MedicalDevices/ResourcesforYou/Consumers/ucm142523.htm (Last accessed on 11-25-13)