Description
Thisguidance documentdescribes the Food and Drug Administration's (FDA or Agency) current approach to considering uncertainty in making benefit-risk determinations to support FDA premarket decisions for medical device premarket approval applications (PMAs), De Novo requests, and humanitarian device exemption (HDE) applications. FDA believes the approach described in this guidance promotes the public health by helping patients have timely access to new medical devices meeting the applicable statutory standard for safety and effectiveness, such that probable benefits of device use outweigh the probable risks and the device will provide clinically significant results in a significant portion of the target population, based on the totality of the valid scientific evidence.
Scope & Applicability
Product Classes
6Generally recommended for Enhanced Documentation; Regulatory classification mentioned for implantable sensors and HPV tests; Mentioned in the context of an in vitro nucleic acid test for CMV DNA.
Devices subject to section 522 postmarket surveillance orders; devices subject to postmarket surveillance orders
Low risk medical devices
Designation for expedited or priority devices under 21st Century Cures Act
Devices providing for more effective treatment or diagnosis of life-threatening diseases
Medical device intended for small populations
Stakeholders
3Governs top dose in clinical studies
responsible for justifying omission of studies
External body providing input on labeling changes
Regulatory Context
Attributes
4Cybersecurity is part of device safety and effectiveness
Determined during the planning of a research study
The process of weighing probable benefits against probable risks.
Standard for PMA approval
Related CFR Sections (3)
- 21CFR860.7§ 860.7 Determination of safety and effectiveness.
(a) The classification panels, in reviewing evidence concerning the safety and effectiveness of a device and in preparing advice to the Commissioner, and the Commissioner, in making determinations concerning the safety and effectiveness of a device, will apply the rules in this section.Read full regulation →
- 21CFR814.82§ 814.82 Postapproval requirements.
(a) FDA may impose postapproval requirements in a PMA approval order or by regulation at the time of approval of the PMA or by regulation subsequent to approval. Postapproval requirements may include as a condition to approval of the device:Read full regulation →
- 21CFR814.46§ 814.46 Withdrawal of approval of a PMA.
(a) FDA may issue an order withdrawing approval of a PMA if, from any information available to the agency, FDA determines that:Read full regulation →
See Also (8)
- Acceptance of Clinical Data to Support Medical Device Applications and Submissions: Frequently Asked Questions: Guidance for Industry and Food and Drug Administration Staff (Status: Final)
- CPG Sec. 345.200 Diaphragms - Rx Devices (Status: Final)
- CPG Sec. 398.200 Hazardous Diagnostic X-ray Systems (Status: Final)
- CPG Sec. 345.300 Menstrual Sponges (Status: Final)
- CPG Sec. 355.300 Ion Generating Devices (Status: Final)
- Guidance Document for the Preparation of IDEs for Spinal Systems - Guidance for Industry and/or FDA Staff (Status: Final)
- Guidance Document for Dura Substitute Devices - Guidance for Industry (Status: Final)
- Guidance for Resorbable Adhesion Barrier Devices for Use in Abdominal and/or Pelvic Surgery - Guidance for Industry (Status: Final)