CDRH Still Working on AL/MI Guidance: Attorneys

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Jones Day attorneys say CDRH is considering a total product lifecycle-based framework for the oversight of artificial intelligence/machine learning (AI/ML)-enabled medical devices that would “allow for modifications to be made from real-world learning and adaptation while ensuring that the safety and effectiveness” of these devices are maintained. Writing in their firm’s Summer 2022 Digital Health Law Update, the attorneys say that while FDA has not yet published its long-awaited draft guidance on marketing submission recommendations for a change control plan for AI/ML-enabled device software functions, it published 11/2021 a draft guidance for the control of premarket submissions for device software functions.

“This guidance describes the information that FDA considers important during its evaluation of the safety and effectiveness of a device in a premarket submission,” the attorneys say, and “may help facilitate FDA’s premarket review. When finalized, it would update and replace guidance previously issued in 2005.”

The attorneys note that in the agency’s March proposed recommendations for the fifth MDUFA reauthorization, it reaffirmed its commitment to building software and digital health expertise and streamlining FDA review processes for digital health products.

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