FDA Guide on Requesting Rationales of Significant Decisions

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FDA has posted a guidance on “Center for Devices and Radiological Health Appeals Processes: Questions and Answers About 517A.” Section 517A of the Food, Drug, and Cosmetic Act was amended by the recent 21stCentury Cures Act of 2016 to allow requests for documentation of rationales for “significant decisions” and requests for supervisory review of regulatory decisions and actions taken by the Center. According to the guidance, 517A decisions requiring the rationales include:·

  • 510(k) not substantially equivalent; substantially equivalent·
  • PMA/HDE: not approvable; approvable; approval; denial·
  • Breakthrough devices: granting; denial·
  • IDE: disapproval; approval·
  • Failure to reach agreement on a protocol
  • Clinical hold determinations

For decisions that are subject to the provision, FDA says the substantive summary may be the final version of the review memorandum by the lead reviewer or another summary document that includes the following elements:·

  • An explanation of the rationale for the regulatory decision;·
  • An explanation regarding how least burdensome requirements were considered and applied
  • Documentation of significant controversies or differences of opinion, i.e., ones the resolution of which had a direct bearing on the regulatory decision; and,·
  • References to published literature and consensus standards upon which the decision-maker relied

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