Detailed Review of 3 FDA Software Precert Documents

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King & Spalding attorneys have posted a detailed review of three documents released by FDA 1/7 relating to the agency’s software precertification pilot program. The documents are: (1) the Developing a Software Precertification Program: A Working Model (Version 1.0); (2) the Software Precertification Program: 2019 Test Plan; and (3) the Software Precertification Program: Regulatory Framework for Conducting the Pilot Program within Current Authorities.

The attorneys say the documents “are critical to the digital health community, including artificial intelligence companies, because they offer an opportunity to engage in the development of what hopefully will be a much more efficient, effective, and flexible system for approving cutting-edge software and digital health devices. The documents also mark the beginning of the long-anticipated ‘test phase’ of the Pre-Cert Pilot Program and, eventually, the launch of the final Pre-Cert Program.”

The review concludes that the new program has the potential to offer manufacturers of medical device software a faster route to FDA approval, provided they have a history of “excellent” product quality and safety, conduct clinical research responsibly and practice good cybersecurity hygiene, and engage in proactive self-assessment and self-surveillance.

 

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