Start Device Covid Transition Plans Now: Attorneys
Two Wiley Rein attorneys say medical device manufacturers should start now to develop a transition implementation plan and marketing submission to respond to an FDA notice that it will finalize two guidances dealing with the transition of enforcement policies and emergency use authorizations (EUAs) issued as part of the Covid-19 public health emergency. Writing in an online post, the attorneys say the two guidances outline the steps the agency expects manufacturers to take in preparation for the end of the enforcement policies and EUAs that were granted during the pandemic. They provide strategies for devices that entered the marketplace under the policies to achieve clearance or approval.
“While the guidances take two different approaches,” the attorneys write, “the end result is the same, requiring manufacturers to submit a transition implementation plan and a marketing submission. These activities are time-consuming and require a great deal of data. Therefore, manufacturers should start their development now, rather than waiting for the documents to be finalized.”
The post notes that early preparation is critical because the date the guidances are finalized could start the clock on the deadline for submission of an application, which could be as short as 90 days for devices under the enforcement policies.