Expanded Standard in Special 510(k) Program Guidance

Share

Hogan Lovells attorneys say that a 9/28 FDA draft guidance, The Special 510(k) Program, “introduces a different, more expansive standard for assessing which devices are eligible for review under the program.” In an online post, the attorneys say the modified standard may enable medical device manufacturers to obtain a faster and less burdensome review for a broader scope of device modifications.

The post says the draft guidance updates the Special 510(k) pathway to: 

  •          expand eligibility to cover certain changes to the indications for use; and
  •          clarify eligibility with respect to technological changes.

Under the revised framework, it says, proposed changes that are made and submitted by the manufacturer authorized to market the existing device would be eligible for the Special 510(k) pathway when: 

  •          performance data are unnecessary; or
  •          performance data are necessary, but well-established methods are available to evaluate the change and all data necessary to support substantial equivalence can be reviewed in a summary or risk analysis format.

“The practical implications are similar to those under the existing standard, but the new draft guidance provides a clearer roadmap for assessing Special 510(k) pathway eligibility,” the attorneys write. “In particular, it offers more granular guidance on the types of changes that are and are not eligible and clarifies the types of data FDA considers appropriate for supporting a modification under this pathway.”

Read more