510(k) Refuse to Accept Policy Guidance
FDA has issued a guidance, Refuse to Accept Policy for 510(k)s, to explain the procedures and criteria FDA intends to use in assessing whether a 510(k) submission meets a minimum threshold of acceptability and should be accepted for substantive review. “Focusing FDA’s review resources on complete submissions will provide a more efficient approach to ensuring that safe and effective medical devices reach patients as quickly as possible,” the document says. The agency also says efficient review is important because of the performance goals adopted as part of MDUFA.
The guidance and its associated checklists clarify the necessary elements and contents of a complete 510(k) submission. FDA says the process outlined is applicable to all devices reviewed through the 510(k) notification process and has been completed into checklists for use by FDA staff.
“It is critical to distinguish between the completeness of the regulatory submission and the quality of the data provided and any studies conducted in support of a submission,” the guidance says. “The assessment of the completeness of the 510(k) occurs during the acceptance review, while the assessment of the quality of the submitted information occurs during the substantive review. FDA will base acceptance on the objective criteria outlined in the associated Acceptance Checklist and not on the quality of the data.”