Senators Have More Software Pre-Cert Questions

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Sens. Elizabeth Warren (D-MA), Patty Murray (D-WA), and Tina Smith (D-MN) are raising additional questions on the CDRH software pre-certification program after receiving the 6/19 response from FDA acting commissioner Ned Sharpless and CDRH director Jeffrey Shuren to the senators’ initial 10/18/18 questions. In a 10/30 letter to Sharpless and Shuren, the senators say they “support the agency's efforts to update its medical device review regime to better accommodate digital health devices.”

But the three also assert that “it is essential that changes to FDA’s regulatory framework are done in compliance with the current statutory framework and do not compromise public safety. Based on the updated materials you have provided us on the Pre-Cert Pilot Program, we continue to have concerns about the program. These concerns primarily relate to (1) the agency's ability to ensure public safety under a ‘precertification’ regime, particularly through its proposed ‘Excellence Appraisals’; (2) the appropriateness of the de novo pathway as a statutory basis for the pilot; and (3) the agency's use of real-world performance data to assess the safety and efficacy of software as a medical device approved through the pilot.”

The remainder of the 10-page letter lists and explains 18 additional questions the senators want to have answered on their three main concerns.

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