Stimulation Device Final Rule Delay Sought

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FDA has just released a 3/20 petition submitted by the Judge Rotenberg Educational Center, Canton, MA, asking that the agency immediately and indefinitely stay the two effective dates for its final regulation banning electrical stimulation devices used to treat self-injurious or aggressive behavior. The petition, which asked for a decision by 3/27, said the center treats a small percentage of its patients who engage in the most severe and most treatment-resistant self-injurious or aggressive behaviors with an electrical stimulation device known as a graduated electrical decelerator (GED) device as part of a comprehensive, court-ordered, and court-monitored behavioral treatment plan.

“Any efforts taken to prematurely transition JRC’s patients from their current successful, effective, court-ordered treatment with GED devices would, in the opinion of their treating healthcare providers, result in irreparable harm,” the petition states. “So too would a prohibition on GED treatment for JRC patients who, in the opinion of their treating healthcare providers, need such treatment because they have not meaningfully improved with other means of treatment. FDA improperly demands that they must continue with ineffective treatments, without regard to those individuals’ specific treatment histories, or medical conditions and individual needs.”

The petition says that unless the agency committed to a stay of the final regulation by noon on 3/27, the center would seek interim relief from the DC Circuit Court of Appeals.

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