Device Reporting Relief May Come: Attorney
Attorney Jeffrey Shapiro (Hyman, Phelps & McNamara) says FDA may finally give medical device manufacturers relief on reporting requirements for Class 1 and 2 devices that Congress called for 10 years ago. Writing in his firm’s FDA Law Blog, Shapiro says that the FDA Amendments Act of 2007 directed the agency to establish summary quarterly reporting of malfunctions for most Class 1 and 2 devices. He says it is not clear whether Congress expected FDA to establish new requirements by amending the Medical Device Reporting regulation or by issuing guidance.
Whatever the intent, Shapiro says, it is “astonishing that FDA has flouted the law for 10 years, and almost nothing is even said publicly about it. In such a situation, one is tempted to give up hope that change will ever come.”
What may lead to a change, Shapiro writes, is President Donald Trump’s executive order requiring that every new regulation an agency introduces be accompanied by removal of two old regulations. “Although FDA would technically be issuing a new regulation (or guidance), it doing so it would lift an existing regulation rather than impose a new one,” he writes. “Therefore, FDA should easily be able to persuade OMB (the Office of Management and Budget) that issuing this change is deregulatory and gives FDA credit toward a new regulation. Perhaps with this brand new incentive dangling in front of it, FDA will at last amend the Medical Device Reporting regulations as required by law.”