98-29275. Guidance for Staff, Industry, and Third Parties: Implementation of Third Party Programs Under the FDA Modernization Act of 1997; Availability  

  • [Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
    [Notices]
    [Pages 58746-58747]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-29275]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    [Docket No. 98D-0312]
    
    
    Guidance for Staff, Industry, and Third Parties: Implementation 
    of Third Party Programs Under the FDA Modernization Act of 1997; 
    Availability
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Notice.
    
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    SUMMARY: The Food and Drug Administration (FDA) is announcing the 
    availability of a guidance entitled ``Guidance for Staff, Industry, and 
    Third Parties: Implementation of Third Party Programs Under the FDA 
    Modernization Act of 1997.'' The FDA Modernization Act of 1997 (FDAMA) 
    codified and expanded the Third Party Review Pilot Program providing 
    for review of certain premarket notification (510(k)) submissions by 
    private parties outside of the Center for Devices and Radiological 
    Health (CDRH). This guidance will assist those who are interested in 
    participating in this program, either as persons accredited to perform 
    510(k) reviews (Accredited Persons) or as applicants pursuing clearance 
    of 510(k) submissions through use of Accredited Persons, as well as FDA 
    staff responsible for implementing the program.
    
    DATES: Written comments may be submitted at any time.
    ADDRESSES: Submit written comments concerning this guidance to the 
    contact person listed below. If you do not have access to the World 
    Wide Web (WWW), submit written requests for single copies of the 
    guidance entitled ``Guidance for Staff, Industry, and Third Parties: 
    Implementation of Third Party Programs Under the FDA Modernization Act 
    of 1997'' on a 3.5'' disk, to the Division of Small Manufacturers 
    Assistance (HFZ-220), Center for Devices and Radiological Health, Food 
    and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send 
    two self-addressed adhesive labels to assist that office in processing 
    your request, or fax your request to 301-443-8818. See the 
    SUPPLEMENTARY INFORMATION section for electronic access to the 
    guidance.
    FOR FURTHER INFORMATION CONTACT: John F. Stigi, Division of Small 
    Manufacturers Assistance (HFZ-220), Center for Devices and Radiological 
    Health, Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 
    20850, 301-443-6597, or FAX 301-443-8818.
    
    SUPPLEMENTARY INFORMATION:
    
     I. Background
    
        On August 1, 1996, FDA established the Third Party Review Pilot 
    Program, a voluntary pilot program, to assess the feasibility of using 
    third party reviewers to improve the efficiency of the agency's review 
    of 510(k)'s for selected low-to-moderate risk devices. Under the pilot 
    program, persons required to submit 510(k)'s for the eligible devices 
    were permitted to contract with an FDA Recognized Third Party and 
    submit a 510(k) directly to the third party for review. Persons who did 
    not wish to participate in the pilot continued to submit 510(k)'s 
    directly to FDA.
        Under FDAMA, this pilot program has been codified and expanded and 
    FDA is required to establish and publish criteria to accredit or deny 
    accreditation to persons who request to perform third party reviews. 
    Those criteria were published in the Federal Register of May 22, 1998 
    (63 FR 28388). On the same date, the agency announced the availability 
    of a draft guidance pertaining to the third party review program (63 FR 
    28392). The agency received three comments on the draft guidance. FDA 
    has reviewed the comments and has made some revisions to the guidance 
    in response to the comments. The agency also has included additional 
    information regarding conflicts of interest. This includes additional 
    examples of conditions that could indicate an appearance of a conflict 
    of interest and a statement that applications from prospective third 
    parties should include the written policies and procedures that have 
    been established to ensure that contract employees involved in the 
    evaluation of 510(k)'s are also free from conflicts of interest.
        FDA will begin to accept applications from prospective accredited 
    persons beginning July 20, 1998. FDA will
    
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    review those applications in 60 days and approved Accredited Persons 
    may begin to submit reviews of 510(k)'s on November 21, 1998. Because 
    Accredited Persons must participate in training prior to submitting 
    recommendations, applicants who wish to attend the initial training 
    that will be held October 14 through 16, 1998, should submit their 
    applications at least 60 days in advance of that date.
    
    II. Significance of Guidance
    
        This guidance represents the agency's current thinking on 
    implementation of the third party review program. It does not create or 
    confer any rights for or on any person and does not operate to bind FDA 
    or the public. An alternative approach may be used if such approach 
    satisfies the applicable statute, regulations, or both.
        The agency has adopted Good Guidance Practices, which set forth the 
    agency's policies and procedures for the development, issuance, and use 
    of guidance documents (62 FR 8961, February 27, 1997). This guidance 
    has been issued under the agency's procedures for a Level 1 guidance 
    document.
    
    III. Electronic Access
    
        Persons interested in obtaining a copy of the guidance may also do 
    so using the WWW. CDRH maintains an entry on the WWW for easy access to 
    information, including text, graphics, and files that may be downloaded 
    to a personal computer with access to the Web. Updated on a regular 
    basis, the CDRH home page includes ``Guidance for Staff, Industry, and 
    Third Parties: Implementation of Third Party Programs Under the FDA 
    Modernization Act of 1997,'' device safety alerts, access to Federal 
    Register reprints, information on premarket submissions (including 
    lists of approved applications and manufacturers addresses), small 
    manufacturers assistance, information on video conferencing and 
    electronic submissions, mammography matters, and other device-oriented 
    information. The CDRH home page may be accessed at ``http://
    www.fda.gov/cdrh''.
        A text-only version of the CDRH home page is also available from a 
    computer or VT-100 compatible terminal by dialing 800-222-0185 
    (terminal settings are 8/1/N). Once the modem answers, press Enter 
    several times and then select menu choice 1: FDA BULLETIN BOARD 
    SERVICE. From there follow instructions for logging in, and at the BBS 
    TOPICS PAGE, arrow down to the FDA home page (do not select the first 
    CDRH entry). Then select Medical Devices and Radiological Health. From 
    there select CENTER FOR DEVICES AND RADIOLOGICAL HEALTH for general 
    information, or arrow down for specific topics.
    
    IV. Comments
    
        Interested persons may, at any time, submit written comments 
    regarding this final guidance to the contact person listed above. 
    Comments will be considered when determining whether to amend the 
    current guidance.
    
        Dated: October 26, 1998.
     William B. Schultz,
     Deputy Commissioner for Policy.
    [FR Doc. 98-29275 Filed 10-30-98; 8:45 am]
    BILLING CODE 4160-01-F
    
    
    

Document Information

Published:
11/02/1998
Department:
Food and Drug Administration
Entry Type:
Notice
Action:
Notice.
Document Number:
98-29275
Dates:
Written comments may be submitted at any time.
Pages:
58746-58747 (2 pages)
Docket Numbers:
Docket No. 98D-0312
PDF File:
98-29275.pdf