Rule Amends Definition of Custom Devices

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Federal Register Final Rule: FDA has amended its regulations on the definition of a custom device to include new enumerated statutory requirements for such products. It amends the existing custom device exemption and introduces new concepts and procedures applicable to them. The amended definition states that a device will qualify as a custom device by meeting the following conditions: (1) Is created or modified in order to comply with the order of an individual physician or dentist (or other specially qualified person); (2) necessarily deviates from an otherwise applicable performance standard under section 514 or requirement under section 515 of the FD&C Act; (3) is not generally available in the U.S. in finished form; (4) is designed to treat a unique pathology or physiological condition that no other device is domestically available to treat; (5) either (a) is intended to meet the special needs of such physician or dentist in the course of the professional practice of such physician or dentist (or other specially qualified person as designated) in the course of their professional practice or (b) is intended for use by an individual patient named in the order of a physician or dentist (or other specially qualified person as designated); (6) is assembled from components or manufactured and finished on a case-by-case basis to accommodate the unique needs of individuals, physician, or dentist; and (7) may have common, standardized design characteristics, chemical and material compositions, and manufacturing processes as commercially distributed devices. To view the rule, click here.

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