510(k) Third Party Review EUA Guidance

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FDA has published a draft guidance, 510(k) Third Party Review Program and Third Party Emergency Use Authorization (EUA) Review. The document says FDA may contract with third-party review organizations to perform reviews of emergency use authorization (EUA) requests when appropriate emergency declaration authorities are active.

The guidance says its objectives are to:

  • describe and distinguish FDA’s expectations for the third-party 510(k) review program (3P510k) and for third-party EUA (3PEUA) review;
  • describe the factors FDA will use in determining device type eligibility for review by 3P510k review organizations;
  • outline FDA’s process for the recognition, re-recognition, suspension, and withdrawal of recognition for 3P510k review organizations;
  • clarify the agency’s expectations for review under both 3P510k review and 3PEUA review for all stakeholders to ensure confidence and consistent quality of work by third-party review organizations to eliminate the need for routine, substantive re-review by FDA;
  • outline FDA’s expectations to prevent conflict of interest between the third-party review organization and other entities; and
  • describe FDA’s expectations regarding the compensation process between the third-party review organization(s) and other entities.

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