95-3805. Gastroenterology-Urology Devices; Effective Date of the Requirement for Premarket Approval of the Implanted Mechanical/ Hydraulic Urinary Continence Device  

  • [Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
    [Proposed Rules]
    [Pages 8595-8609]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-3805]
    
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Food and Drug Administration
    
    21 CFR Part 876
    
    [Docket No. 94N-0380]
    
    
    Gastroenterology-Urology Devices; Effective Date of the 
    Requirement for Premarket Approval of the Implanted Mechanical/
    Hydraulic Urinary Continence Device
    
    AGENCY: Food and Drug Administration, HHS.
    
    ACTION: Proposed rule; opportunity to request a change in 
    classification.
    
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    SUMMARY: The Food and Drug Administration (FDA) is proposing to require 
    the filing of a premarket approval application (PMA) or a notice 
    [[Page 8596]] of completion of a product development protocol (PDP) for 
    the implanted mechanical/hydraulic urinary continence device, a medical 
    device. The agency is also summarizing its proposed findings regarding 
    the degree of risk of illness or injury designed to be eliminated or 
    reduced by requiring the device to meet the statute's approval 
    requirements, and the benefits to the public from the use of the 
    device. In addition, FDA is announcing an opportunity for interested 
    persons to request that the agency change the classification of the 
    device based on new information.
    
    DATES: Written comments by June 15, 1995; requests for a change in 
    classification by March 2, 1995. FDA intends that, if a final rule 
    based on this proposed rule is issued, PMA's will be required to be 
    submitted within 90 days of the effective date of the final rule.
    
    ADDRESSES: Submit written comments or requests for a change in 
    classification to the Dockets Management Branch (HFA-305), Food and 
    Drug Administration, rm. 1-23, 12420 Parklawn Dr., Rockville, MD 20857.
    
    FOR FURTHER INFORMATION CONTACT: John H. Baxley, or John F. Guest, 
    Center for Devices and Radiological Health (HFZ-470), Food and Drug 
    Administration, 9200 Corporate Blvd., Rockville, MD 20850, 301-594-
    2194.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
        Section 513 of the Federal Food, Drug, and Cosmetic Act (the act) 
    (21 U.S.C. 360c) requires the classification of medical devices into 
    one of three regulatory classes: Class I (general controls), class II 
    (special controls), and class III (premarket approval). Generally, 
    devices that were on the market before May 28, 1976, the date of 
    enactment of the Medical Device Amendments of 1976 (the amendments) 
    (Pub. L. 94-295), and devices marketed on or after that date that are 
    substantially equivalent to such devices, have been classified by FDA. 
    For the sake of convenience, this preamble refers to both the devices 
    that were on the market before May 28, 1976, and the substantially 
    equivalent devices that were marketed on or after that date as 
    ``preamendments devices.''
        Section 515(b)(1) of the act (21 U.S.C. 360e(b)(1)) establishes the 
    requirement that a preamendments device that FDA has classified into 
    class III is subject to premarket approval. A preamendments class III 
    device may be commercially distributed without an approved PMA or 
    declared completed PDP until 90 days after FDA's promulgation of a 
    final rule requiring premarket approval for the device, or 30 months 
    after final classification of the device under section 513 of the act, 
    whichever is later. Also, a preamendments device subject to the 
    rulemaking procedures under section 515(b) of the act is not required 
    to have an approved investigational device exemption (IDE) (part 812 
    (21 CFR part 812)) contemporaneous with its interstate distribution 
    until the date identified by FDA in the final rule requiring the 
    submission of a PMA for the device.
        Section 515(b)(2)(A) of the act provides that a proceeding to 
    promulgate a final rule to require premarket approval shall be 
    initiated by publication, in the Federal Register, of a notice of 
    proposed rulemaking containing: (1) The proposed rule; (2) proposed 
    findings with respect to the degree of risk of illness or injury 
    designed to be eliminated or reduced by requiring the device to have an 
    approved PMA or declared completed PDP and the benefit to the public 
    from the use of the device; (3) an opportunity for the submission of 
    comments on the proposed rule and the proposed findings; and (4) an 
    opportunity to request a change in the classification of the device 
    based on new information relevant to the classification of the device.
        Section 515(b)(2)(B) of the act provides that if FDA receives a 
    request for a change in the classification of the device within 15 days 
    of the publication of the notice, FDA shall, within 60 days of the 
    publication of the notice, consult with the appropriate FDA advisory 
    committee and publish a notice denying the request for change of 
    classification or announcing its intent to initiate a proceeding to 
    reclassify the device under section 513(e) of the act. If FDA does not 
    initiate such a proceeding, section 515(b)(3) of the act provides that 
    FDA shall, after the close of the comment period on the proposed rule 
    and consideration of any comments received, promulgate a final rule to 
    require premarket approval, or publish a notice terminating the 
    proceeding. If FDA terminates the proceeding, FDA is required to 
    initiate reclassification of the device under section 513(e) of the 
    act, unless the reason for termination is that the device is a banned 
    device under section 516 of the act (21 U.S.C. 360f).
        If a proposed rule to require premarket approval for a 
    preamendments device is made final, section 501(f)(2)(B) of the act (21 
    U.S.C. 351(f)(2)(B)) requires that a PMA or notice of completion of a 
    PDP for any such device be filed within 90 days of the date of 
    promulgation of the final rule or 30 months after final classification 
    of the device under section 513 of the act, whichever is later. If a 
    PMA or notice of completion of a PDP is not filed by the later of the 
    two dates, commercial distribution of the device is required to cease. 
    The device may, however, be distributed for investigational use if the 
    manufacturer, importer, or other sponsor of the device complies with 
    the IDE regulations. If a PMA or notice of completion of a PDP is not 
    filed by the later of the two dates, and no IDE is in effect, the 
    device is deemed to be adulterated within the meaning of section 
    501(f)(1)(A) of the act, and subject to seizure and condemnation under 
    section 304 of the act (21 U.S.C. 334) if its distribution continues. 
    Shipment of the device in interstate commerce will be subject to 
    injunction under section 302 of the act (21 U.S.C. 332), and the 
    individuals responsible for such shipment will be subject to 
    prosecution under section 303 of the act (21 U.S.C. 333). FDA has in 
    the past requested that manufacturers take action to prevent the 
    further use of devices for which no PMA or notice of completion of a 
    PDP has been filed and may determine that such a request is appropriate 
    for implanted mechanical/hydraulic urinary continence devices.
        The act does not permit an extension of the 90-day period after 
    promulgation of a final rule within which an application or a notice is 
    required to be filed. The House Report on the amendments states that 
    ``the thirty month `grace period' afforded after classification of a 
    device into class III * * * is sufficient time for manufacturers and 
    importers to develop the data and conduct the investigations necessary 
    to support an application for premarket approval.'' (H. Rept. 94-853, 
    94th Cong., 2d sess. 42 (1976).)
    
    A. Classification of the Implanted Mechanical Hydraulic Urinary 
    Continence Device
    
        In the Federal Register  of November 23, 1983 (48 FR 53012 at 
    53026), FDA issued a final rule classifying the implanted mechanical/
    hydraulic urinary continence device into class III Sec. 876.5280 (21 
    CFR 876.5280). The preamble to the proposal to classify the device (46 
    FR 7610, January 23, 1981) included the recommendation of the 
    Gastroenterology-Urology Devices Advisory Panel (the Panel), an FDA 
    advisory committee, which met on September 26 and 27, 1976, regarding 
    the classification of the device. The Panel recommended that the device 
    be in class III, and identified certain risks to health presented by 
    the device. FDA agreed with the Panel's [[Page 8597]] recommendation 
    and proposed that the implanted mechanical/hydraulic urinary continence 
    device be classified into class III. The proposal stated that the 
    agency believed that general controls and performance standards are 
    insufficient to provide reasonable assurances of the safety and 
    effectiveness of the device and that there is insufficient information 
    to establish a standard to provide reasonable assurances of the safety 
    and effectiveness of the device. The proposal stated that premarket 
    approval is necessary for this device because it presents a potential 
    unreasonable risk of injury due to: (1) Adverse tissue reaction and 
    erosion; (2) leakage of urine secondary to device defects; (3) 
    infection resulting from defects in the design, construction, 
    packaging, or processing of the device; (4) urinary tract infection, 
    secondary to urine stasis, occurring as a result of the inflation cuff 
    locking in the closed position; and (5) additional surgery that might 
    be required as a result of a malfunction of the device. In support of 
    its proposal to strengthen regulatory surveillance of the device, FDA 
    cited references supporting the proposed classification.
        The preamble to the November 23, 1983, final rule (48 FR 53012) 
    classifying the device into class III advised that the earliest date by 
    which PMA's for the device could be required was June 30, 1986, or 90 
    days after promulgation of a rule requiring premarket approval for the 
    device, whichever occurs later. In the Federal Register of January 6, 
    1989 (54 FR 550), FDA published a notice of intent to initiate 
    proceedings to require premarket approval of 31 preamendments class III 
    devices assigned a high priority by FDA for the application of 
    premarket approval requirements. Among other things, the notice 
    described the factors FDA takes into account in establishing priorities 
    for proceedings under section 515(b) of the act for promulgating final 
    rules requiring that preamendments class III devices have approved 
    PMA's. Although the implanted mechanical/hydraulic urinary continence 
    device was not listed among these 31 devices, the agency has received 
    more than 2,700 medical device reports (MDR's) since 1984 for this 
    device. Additionally, the types of problems identified in these reports 
    are similar to those identified during the classification proceedings 
    of the device. Therefore, FDA has determined that the implanted 
    mechanical/hydraulic urinary continence device identified in 
    Sec. 876.5280 has a high priority for initiating a proceeding to 
    require premarket approval. Accordingly, FDA is commencing a proceeding 
    under section 515(b) of the act to require that the implanted 
    mechanical/hydraulic urinary continence device has an approved PMA or a 
    declared completed PDP.
    
    B. Dates New Requirements Apply
    
        In accordance with section 515(b) of the act, FDA is proposing to 
    require that a PMA or a notice of completion of a PDP be filed with the 
    agency for the implanted mechanical/hydraulic urinary continence device 
    within 90 days after promulgation of any final rule based on this 
    proposal. An applicant whose device was legally in commercial 
    distribution before May 28, 1976, or has been found by FDA to be 
    substantially equivalent to such a device, will be permitted to 
    continue marketing the implanted mechanical/hydraulic urinary 
    continence device during FDA's review of the PMA or notice of 
    completion of the PDP. FDA intends to complete the review of any PMA 
    for the device within 180 days and a notice of completion of a PDP 
    within 90 days of the date of filing. FDA cautions that, under section 
    515(d)(1)(B)(i) of the act, FDA may not enter into an agreement to 
    extend the review period for a PMA beyond 180 days unless the agency 
    finds that ``* * * the continued availability of the device is 
    necessary for the public health.''
        FDA intends that, under Sec. 812.2(d), the preamble to any final 
    rule based on this proposal will state that, as of the date on which a 
    PMA or notice of completion of a PDP is required to be filed, the 
    exemptions in Sec. 812.2(c)(1) and (c)(2) from the requirements of the 
    IDE regulations for preamendments class III devices will cease to apply 
    to any implanted mechanical/hydraulic urinary continence device which 
    is: (1) Not legally on the market on or before that date, or (2) 
    legally on the market on or before that date but for which a PMA is not 
    filed by that date, or for which PMA approval has been denied or 
    withdrawn.
        If a PMA or notice of completion of a PDP for the implanted 
    mechanical/hydraulic urinary continence device is not filed with FDA 
    within 90 days after the date of promulgation of any final rule 
    requiring premarket approval for the device, commercial distribution of 
    the device must cease. The device may be distributed for 
    investigational use only if the requirements of the IDE regulations 
    regarding significant risk devices are met. The requirements for 
    significant risk devices include submitting an IDE application to FDA 
    for its review and approval. An approved IDE is required to be in 
    effect before an investigation of the device may be initiated or 
    continued. FDA, therefore, cautions that IDE applications should be 
    submitted to FDA at least 30 days before the end of the 90-day period 
    after the final rule to avoid interrupting investigations.
    
    C. Description of the Device
    
        An implanted mechanical/hydraulic urinary continence device is a 
    device used to treat urinary incontinence by the application of 
    continuous or intermittent pressure to occlude the urethra. The totally 
    implanted device may consist of either a static pressure pad, or a 
    system with a container of saline or radiopaque fluid in the abdomen 
    and a manual pump and valve under the skin surface that is connected by 
    tubing to an adjustable pressure pad or to a cuff around the urethra. 
    The fluid is pumped as needed from the container to inflate the pad or 
    cuff to compress the urethra. These devices are most commonly 
    constructed from silicone elastomers. Additionally, static pressure pad 
    designs have been known to contain silicone gel and/or polyurethane 
    foam covering.
        The proposed rule to require premarket approval of implanted 
    mechanical/hydraulic urinary continence devices applies to legally 
    marketed implanted mechanical/hydraulic urinary continence devices 
    identified above that were commercially distributed before May 28, 
    1976, and to devices introduced into commercial distribution since that 
    date that have been found to be substantially equivalent to such 
    implanted mechanical/hydraulic urinary continence devices.
    
    D. Proposed Findings With Respect to Risks and Benefits
    
        As required by section 515(b) of the act, FDA is publishing its 
    proposed findings regarding: (1) The degree of risk of illness or 
    injury designed to be eliminated or reduced by requiring the implanted 
    mechanical/hydraulic urinary continence device to have an approved PMA 
    or a declared completed PDP; and (2) the benefits to the public from 
    the use of the device.
    
    E. Degree of Risk
    
        After considering the information discussed by the Panel during the 
    classification proceedings, as well as the published literature and 
    MDR's, FDA has evaluated the risks associated with the implanted 
    mechanical/hydraulic urinary continence device. FDA now believes that 
    the following are [[Page 8598]] significant risks associated with the 
    use of the implanted mechanical/hydraulic urinary continence device:
    1. Erosion of the Implanted Mechanical/Hydraulic Urinary Continence 
    Device
        Erosion is the destruction or breakdown of tissue and is the most 
    common cause of failure in the implanted mechanical/hydraulic urinary 
    continence device (Refs. 1 through 5). Cuff erosion into the urethra or 
    bladder neck is a serious complication that has been frequently 
    reported (Refs. 3 and 6 through 15). This type of erosion makes 
    reimplantation difficult and is associated with higher complication 
    rates for reimplantation (Refs. 1 and 16 through 18) of the device. 
    Erosion of the pump through the labia, vagina, scrotum (Refs. 14 and 19 
    through 21), and the perineum (Refs. 2, 9, and 22) have also been 
    reported.
        Erosion often occurs as a result of low grade, nonclinical 
    infection of the prosthesis (Refs. 9, 14, and 23 through 28). Other 
    factors which can contribute to erosion include previous surgery (Ref. 
    11), poor vascularization (Refs. 27 and 29 through 31), prior pelvic 
    irradiation (Refs. 17, 28, and 32 through 35), improper cuff size (Ref. 
    30), improper reservoir volume (Ref. 17), surgical injury (Refs. 18 and 
    24), excessive urethral compression (Ref. 16), and premature activation 
    (Refs. 19 and 27).
    2. Infection
        Infection, a risk of any surgical implant procedure, is associated 
    with the use of implanted mechanical/hydraulic urinary continence 
    devices (Refs. 7, 10, 12, 33, and 36 through 39). Infection is one of 
    the most serious potential complications of device implantation and 
    usually necessitates removal of the prosthesis (Refs. 7, 40, and 41). 
    As in any implantation procedure, compromised device sterility and/or 
    surgical techniques may be major contributing factors to this risk 
    (Refs. 40 and 42). Additionally, a life-long risk for hematogenously 
    seeded infection possibly exists in these patients and antibacterial 
    prophylaxis for subsequent dental and surgical procedures may be needed 
    (Ref. 40).
    3. Mechanical Malfunctions
        Fluid leakage is one of the most commonly reported mechanical 
    malfunctions (Refs. 2, 26, 28, 37, 43, and 44) of implanted mechanical/
    hydraulic urinary continence devices. Fluid can leak from the cuff or 
    pad (Refs. 7, 13, 21, 31, and 45), reservoir (Refs. 7, 13, and 31), or 
    connectors (Ref. 10). Leakage from the cuff has been associated with 
    cuff folding and attendant material wear (Refs. 31, 36, and 46). This 
    malfunction results in inadequate cuff pressure and incontinence (Ref. 
    7). Tube kinking is another reported device malfunction (Refs. 7, 12, 
    26, 28, 34, 37, 43, 44, and 47). Also, disconnection of the tubing from 
    components of the device can occur (Ref. 19). Pump assembly failure is 
    another noted complication (Refs. 2, 19, 36, 37, and 44) of this 
    implant. This can include malfunction of the valves within the 
    hydraulic system (Ref. 45). Finally, balloon herniation has been noted 
    (Ref. 17). Device malfunction usually requires replacement or revision 
    surgery (Refs. 7 and 43).
    4. Iatrogenic Disorders
        Iatrogenic complications can occur as a result of any medical 
    procedure, including implantation of the implanted mechanical/hydraulic 
    urinary continence device. Improper device handling (including cutting 
    or nicking of the device) can lead to device malfunctions. Inadequate 
    pressure within the system (due to selection of incorrect cuff or 
    reservoir size) results in either incontinence (due to inadequate 
    urethral closing pressure) or outflow obstruction (due to excessive 
    urethral closing pressure), both of which lead to the need for 
    reoperation (Refs. 7, 12, 30, and 34). This may be due to a lack of 
    guidance for determining the appropriate device size for an individual 
    patient (Refs. 2, 9, 25, 31, and 48). Erosion secondary to infection, 
    can be caused by intraoperative field contamination or urethral or 
    vaginal injury (Refs. 26 and 42). Finally, intraoperative and 
    postoperative kinks in the tubing can occur due to incorrect tubing 
    length (Ref. 7) and result in a low urethral closure pressure (Refs. 9, 
    34, and 48).
    5. Hydronephrosis
        Hydronephrosis refers to the dilation of the upper urinary tract as 
    a result of chronic obstruction to urine outflow, which can lead to 
    kidney damage. Some authors have reported an elevated incidence of 
    hydronephrosis following implantation of the implanted mechanical/
    hydraulic urinary continence device (Refs. 49 through 52). This 
    complication has mostly occurred when the device is implanted in 
    patients with myelopathy. It has been theorized that the development of 
    hydronephrosis is due to a combination of slight detrusor hyperreflexia 
    and low bladder capacity (Ref. 49). Other researchers have noted the 
    development of detrusor hypertonicity after implantation, leading to 
    hydronephrosis (Ref. 52). The pathogenesis and incidence of this risk 
    is unknown and requires further study.
    6. Human Carcinogenicity
        Carcinogenesis has been widely discussed as a reputed risk 
    secondary to implantation of any material. Evidence from the literature 
    indicates that in animal studies, different forms of silicone have been 
    associated with various types of cancer (Refs. 53 through 57). Cases of 
    several types of cancer in humans have been reported in association 
    with various forms of implanted silicone (Refs. 58 through 61).
    7. Human Reproductive and Teratogenic Effects
        The effect of certain silicone compounds on the reproductive 
    potential of the male is largely unknown. Le Vier and Jankowiak report 
    that at least one form of organosiloxane, which is known to be present 
    in some silicone gels, mimics estrogens in the male rat, leading to 
    rapid testicular atrophy (Ref. 62).
        Teratogenesis includes the origin or mode of production of a 
    malformed fetus and the disturbed growth processes involved in the 
    production of a malformed fetus. Studies using silicone fluid in 
    animals have been minimal, and yield contradictory and inconclusive 
    results (Refs. 63 through 65). Prolonged contact with either silicone 
    elastomer, or silicone gel-filled membrane in devices containing 
    silicone gel, presents a potential risk of teratogenicity in humans. 
    Further study of these risks is necessary.
    8. Immune Related Connective Tissue Disorders--Immunological 
    Sensitization
        Immunological sensitization may be a serious risk associated with 
    an implanted mechanical/hydraulic urinary continence device. Recent 
    clinical data have shown that silicone elastomers are capable of 
    producing immune responses (Ref. 66). Immune related connective tissue 
    disorders have also been reported in women who have silicone gel-filled 
    devices or who have had silicone injections in augmentation 
    mammoplasty. There are clinical reports of several patients who have 
    undergone augmentation mammoplasty with silicone gel-filled breast 
    prostheses and later presented with connective tissue disease-like 
    syndromes (Ref. 67). Recently, Naim et. al. conducted studies in rats 
    which demonstrated that silicone gel is a potent immunological adjuvant 
    (Ref. 68). Because implanted mechanical/hydraulic urinary continence 
    devices may consist of similar silicone elastomers and gels, 
    [[Page 8599]] further study of the potential risk of immune related 
    connective tissue disorders in humans with these implants is warranted.
    9. Biological Effects of Silica
        Amorphous (fumed) silica is bound to the silicone in the elastomer 
    of the implanted mechanical/hydraulic urinary continence device, and 
    may be fibrogenic and immunogenic. Fumed silica and the silicone 
    elastomer each elicit cellular responses in rats (Ref. 69). Researchers 
    have reported that there is an association between industrial exposure 
    to silica and development of systemic lupus erythematosus (Ref. 41). 
    The biological effects of silica, particularly the immunologic 
    component of these reactions, present a potential risk for device 
    recipients and need to be examined.
    10. Silicone Particle Shedding, Silicone Gel Leakage, and Associated 
    Migration
        Silicone particle shedding and subsequent migration have been 
    reported with genitourinary prosthetic devices, including implanted 
    mechanical/hydraulic urinary continence devices (Refs. 70 and 71). 
    Silicone gel leakage and migration from the silicone elastomer 
    envelope, either from rupture of the envelope or by leaking of the gel 
    through the envelope (gel ``bleed''), are also potential significant 
    risks of implanted mechanical/hydraulic urinary continence devices 
    containing silicone gel. Rupture of the envelope with gel leakage and 
    subsequent migration may be secondary to surgical technique, or may 
    result from mechanical stresses such as device usage, trauma, and wear 
    on the envelope, and necessitates removal of the implant. In addition, 
    silicone gel-filled breast implants are reported to ``bleed'' micro 
    amounts of silicone through the intact silicone elastomer shell into 
    the surrounding tissues (Refs. 72 through 81). Furthermore, 
    fluorosilicone gels have been used to lubricate the inner surfaces of 
    cuff shells (Ref. 36) and, therefore, are an additional source for gel 
    bleed. Although diffusion of silicone gel through the elastomer 
    envelope and silicone particle shedding have not specifically been 
    measured (e.g., quantified) in the implanted mechanical/hydraulic 
    urinary continence device, they have been reported (Ref. 70) and, 
    therefore, particle shedding and gel bleed continue to be potential 
    risks with this device and need to be evaluated. Migration of the 
    particles and gel into the human body presents the potential for 
    development of adverse effects such as granulomas, lymphadenopathy, or 
    cellular immune response (Refs. 41, 58, 59, 70, and 71). The ultimate 
    fate of migrating silicone particles or silicone gel within the body is 
    currently not well understood. It should be noted that the use of 
    silicone gel in these devices may have been discontinued.
    11. Degradation of Polyurethane Elastomer
        Polyurethane elastomer materials, which may be present in some 
    implanted mechanical/hydraulic urinary continence devices, may degrade 
    over time and release degradation products such as methylene diamine or 
    toluene diamine, which are potential carcinogens in animals (Refs. 82 
    and 83). FDA is not aware of any mechanical/hydraulic urinary 
    incontinence devices which currently use this material. This potential 
    risk is associated only with those implanted mechanical/hydraulic 
    urinary continence devices that contain polyurethane elastomers.
    12. Degradation of Polyurethane Foam
        This potential risk is associated only with those implanted 
    mechanical/hydraulic urinary continence devices that are covered with 
    polyurethane foam. The polyurethane foam material that has been used to 
    cover some devices is known to degrade over time with a potential 
    breakdown product of 2,4 diaminotoluene (TDA), a known carcinogen in 
    animals (Refs. 84 through 89). The fate of the degraded product in vivo 
    is unknown to date, and the use of this material in implanted 
    mechanical/hydraulic urinary continence devices may have been 
    discontinued. Case reports of polyurethane foam covered silicone gel-
    filled breast implants indicate that there is greater difficulty with 
    the removal of this type of prosthesis due to fragmented polyurethane 
    shell and/or capsular tissue ingrowth (Refs. 90 through 96). Also, 
    foreign body response has been reported concurrent with the use of the 
    polyurethane foam covered testicular prosthesis in humans (Ref. 97).
    13. Other Reported Complications
        The following are among the additional risks which have also been 
    reported with the implanted mechanical/hydraulic urinary continence 
    device: perineal discomfort/pain (Refs. 10, 17, and 27); development of 
    bladder hyperreflexia (Refs. 98 through 100); worsening/persistence of 
    incontinence (Refs. 51, 99, and 100); urinary retention (Refs. 51 and 
    101); hematoma (Ref. 28); seroma (Ref. 44); inguinal hernia formation 
    (Ref. 102); fibrous capsule formation, failure of cuff to deflate, 
    broken tubing (Ref. 51); fistula formation from urethral erosion (Ref. 
    8); urethral scarring (Ref. 99); bleeding (Ref. 103); urethral 
    stricture requiring urethrotomy (Ref. 101); wound dehiscence, pelvic 
    abscess (Ref. 104); and fistula to the skin (Ref. 10).
    
    F. Benefits of the Device
    
        The implanted mechanical/hydraulic urinary continence device is 
    intended to provide intermittent or continuous pressure to occlude the 
    urethra, thereby restoring urinary continence. The device is indicated 
    in males or females whose urinary sphincter is dysfunctional.
        Implants have been used to treat incontinence resulting from 
    prostatectomy, myelopathy (e.g., spina bifida, myelomeningocele), 
    spinal column injury, sacral agenesis/ dysgenesis, exstrophy/epispadias 
    syndrome, pelvic trauma, and other conditions.
        Although there are adverse physiologic effects associated with 
    urinary incontinence (e.g., infection and skin irritation due to 
    exposure to urine) (Ref. 105), the incontinent patient's mental health 
    and quality of life can also suffer significantly. Incontinence can be 
    socially, psychologically, and physically debilitating (Refs. 43 and 
    106). A reduction of social activities and interactions can be 
    associated with the loss of urinary continence (Ref. 105). The loss of 
    self-esteem (Ref. 107) and emotional problems (Ref. 25) have also been 
    associated with this condition. Finally, some research has shown a 
    relationship between depression indices and incontinence (Ref. 105).
        An implanted mechanical/hydraulic urinary continence device can 
    restore continence and may improve quality of life. Published studies 
    indicate a moderately high success rate for either restoring or 
    improving continence. Some of these studies have also noted that the 
    restoration of continence can improve quality of life (Refs. 20 and 38) 
    and self-esteem (Ref. 26).
    
    G. Need for Information for Risk/Benefits Assessment of the Device
    
        As the above sections indicate, there is reasonable identification 
    of the risks and benefits associated with the implanted mechanical/
    hydraulic urinary continence device. There is, however, insufficient 
    valid scientific evidence to permit FDA to perform a risk/benefit 
    analysis. Therefore, FDA is now seeking further information on the 
    following safety and effectiveness issues associated with the implanted 
    mechanical/hydraulic urinary continence device: [[Page 8600]] 
        (1) Long-term safety and effectiveness data for the device are 
    needed. The incidence of implant failure and attendant causes, as well 
    as the incidence of reoperations required, have not been clearly 
    determined. Such device failures include, but are not limited to: 
    Tissue erosion, infection, pain/discomfort, injury to the upper urinary 
    tract due to either urinary retention or hydronephrosis, continued or 
    worsened incontinence secondary to implantation of the implanted 
    mechanical/hydraulic continence device, leakage, wear, tubing kinking/
    breaking or disconnection, pump failure, and cuff or pad failure. Also, 
    the incidence rates of hematoma, seroma, inguinal hernia formation, 
    fibrous capsule formation, fistula formation from urethral erosion, 
    urethral scarring, bleeding, urethral stricture, development of bladder 
    hyperreflexia, wound dehiscence, pelvic abscess, and fistula to the 
    skin are poorly understood and need to be studied. Particularly, it is 
    not well known whether the increased urethral resistance afforded by 
    implanted mechanical/hydraulic urinary continence devices eventually 
    leads to chronic upper urinary tract damage (e.g., hydronephrosis and/
    or worsening of renal function). This risk is especially a concern for 
    young patients, who are most likely to have the device in place for 
    many years.
        (2) It is unknown for which subgroups of the population with 
    urinary incontinence the benefits of the implanted mechanical/hydraulic 
    continence device outweigh the attendant risks, especially since other 
    voiding abnormalities, such as bladder dysfunction (detrusor 
    instability and poor compliance) and reflux often coexist with 
    sphincteric insufficiency. Factors which may increase the rate of 
    complications include the etiology and duration of incontinence, age, 
    gender, concomitant medical conditions, various anatomical 
    abnormalities, patient motivation and manual dexterity, and prior 
    treatments for the disorder, including prior surgery. An appropriate 
    risk/benefit analysis is needed for each subgroup for whom the device 
    will be indicated.
        (3) The required presurgical workup of patients prior to device 
    implantation, including the diagnostic tests to demonstrate significant 
    sphincteric insufficiency which could be treated with the prosthesis, 
    must be clarified. In particular, the proper patient selection and 
    screening processes need to be developed and studied. Since some 
    adverse events, such as persistent urinary incontinence, may be 
    associated with other coexisting urodynamic abnormalities (e.g., 
    bladder dysfunction), these abnormalities must be effectively diagnosed 
    prior to device implantation (Refs. 7, 22, and 108). The increased risk 
    of hydronephrosis among device recipients whose bladders are unable to 
    store urine at low pressures underscores the importance of thorough 
    preoperative patient evaluation with special attention to bladder 
    function and urodynamics (Ref. 103). Additionally, because the adverse 
    events that may occur following implantation of the device may not be 
    reversible, investigation is needed to determine which prior 
    conservative therapies a patient should have failed before being 
    considered an appropriate candidate for an implanted mechanical/
    hydraulic continence device.
        (4) The long-term effects of devices implanted in pediatric 
    patients need to be investigated. Currently, the relationship between 
    patient growth and the need for implanted mechanical/hydraulic 
    continence device revision or replacement is poorly understood and 
    warrants further study. While some researchers report no effects 
    related to the growth of the child, others report the potential for an 
    effect upon both the growth/morphology of the organs in the urinary 
    tract, as well as sexual development and function in children (Refs. 24 
    and 109).
        (5) The effects of the implanted mechanical/hydraulic continence 
    device upon male sexual function are poorly understood. In particular, 
    the effect of the device upon erectile function needs to be examined.
        (6) Since women of childbearing age are among the recipients of 
    implanted mechanical/hydraulic continence devices, the effects of the 
    device upon sexual function, pregnancy, and delivery must be analyzed.
        (7) The effect of device implantation upon future medical diagnoses 
    and treatments needs to be examined. Currently, it is not well 
    understood whether the device's presence interferes with the ability to 
    diagnose and treat disorders affecting the organs or structures in 
    proximity to the implant components.
        (8) The potential risks associated with silicone particle shedding 
    and silicone gel leakage, and the subsequent migration of the particles 
    and gel, need further clarification. This would include consideration 
    of gel cohesiveness, envelope thickness/strength, gel bleed, and the 
    role that the physical, mechanical, and chemical characteristics of 
    silicone elastomers and gels play in the immediate or long-term wear of 
    implanted mechanical/hydraulic urinary continence devices. (The 
    agency's concerns regarding silicone gel relate specifically to devices 
    with gel-filled components, such as certain models of the implanted 
    static pressure pad.)
        (9) The potential long-term adverse effects of implanted 
    mechanical/hydraulic urinary continence devices, such as cancer, immune 
    related connective tissue disorders, and reproductive and teratogenic 
    effects, are unknown. Likewise, in polyurethane elastomer and/or 
    polyurethane foam covered implanted mechanical/hydraulic urinary 
    continence devices (known to be applicable to certain models of the 
    implanted static pressure pad), the long-term effects of the 
    polyurethane material (such as mechanical integrity and 
    carcinogenicity) are not understood. The agency notes that neither the 
    silicone particles, which may shed from the device (Refs. 70, 110, and 
    111), nor the chemical forms of silicone monomers and oligomers, or 
    additives (including catalysts, antioxidants, fillers, reinforcers, and 
    other processing agents), which may leach from the device, have been 
    characterized, and their metabolic fates are not known (Ref. 64). 
    Furthermore, no satisfactory independent study has thoroughly evaluated 
    the chronic long-term toxicity of silicone elastomers and their 
    derivatives. Because children are among the potential recipients of 
    these implants, information regarding the chronic toxic effects, 
    including possible reproductive and teratogenic effects, of silicone 
    could be of substantial importance in determining the risk to these 
    patients and their offspring.
        (10) The malfunction rate and longevity reported for implanted 
    mechanical/hydraulic urinary continence devices have generally not 
    reflected the predictions of preclinical testing. Further investigation 
    is warranted to determine how the laboratory and animal studies can be 
    designed to more accurately predict device reliability under actual 
    conditions of use.
        FDA believes, therefore, that the implanted mechanical/hydraulic 
    urinary continence device should undergo premarket approval to obtain 
    valid scientific evidence in order for FDA to determine whether the 
    risks of using the device are adequately balanced by its benefits.
    
    II. PMA Requirements
    
        Any PMA for the device must include the information required by 
    section 515(c)(1) of the act and the implementing provisions under 21 
    CFR 814.20. Such a PMA shall include a [[Page 8601]] detailed 
    discussion, accompanied by the results of applicable preclinical and 
    clinical studies, of the above identified risks and the effectiveness 
    of the device. In particular, the PMA shall include all known or 
    otherwise available data and other information regarding: (1) Any risks 
    known or should be reasonably known to the applicant that have not been 
    identified in this document; and (2) the effectiveness of the specific 
    implanted mechanical/hydraulic urinary continence device that is the 
    subject of the application.
        Valid scientific evidence, as defined in Sec. 860.7 (21 CFR 860.7), 
    addressing the safety and effectiveness of the device should be 
    presented, evaluated and summarized in a section or sections of the PMA 
    separate from known or otherwise available safety and effectiveness 
    information that does not constitute valid scientific evidence (e.g., 
    isolated case reports, random experiences, etc.).
    
    A. Manufacturing Information
    
        All manufacturing information for the device should be completely 
    described. The information should include but, is not necessarily 
    limited to, the chemical formulation and manufacturing procedures and 
    processes, presented in a step-by-step manner from the starting 
    materials to the finished product, including, but not limited to, all 
    nonreactants (such as antioxidants, light stabilizers, plasticizers, 
    i.e., anything added to polymer resins that is necessary for processing 
    of the finished product) and reactants (including catalysts, curing 
    agents, and intermediate precursors) for the pad (including 
    polyurethane foam covering, if applicable), cuff, pump, reservoir, 
    tubing, and all internal components, adhesives, colorants, lubricants, 
    and filling agents (e.g., gel, saline, contrast medium, etc.). A 
    complete master list of the common chemical names and alternate names 
    (manufacturer's trade name or code) for all nonreactants, reactants 
    (including intermediate precursors), additives, catalysts, adjuvants, 
    and products should be provided.
        Chemical characterization of the elastomer intermediates (i.e., 
    network precursors) of the pad (including polyurethane foam covering, 
    if applicable), cuff, pump, reservoir, tubing, and internal gel (if 
    applicable) sufficient to demonstrate control of the chemical 
    processing of the device materials should be provided. This should be 
    based on lot-to-lot comparisons (10 consecutive lot minimum) of the 
    following information: (1) The molecular weight distribution, expressed 
    as weight average molecular weight, number average molecular weight, 
    peak molecular weight, polydispersity, and viscosity average molecular 
    weight of these precursors; (2) analyses for volatile and nonvolatile 
    (if applicable) compounds, such as cyclic oligomers; (3) when viscosity 
    is used as the variable that is measured for production control, a 
    comparison of viscosity, number average molecular weight, and volatile 
    content; and (4) isocyanate content, acidity, isomer ratios, hydroxyl 
    number, water content, acid number, and peroxide content (where 
    applicable). Documentation establishing the extent of cross-linking 
    (where applicable) in the materials of the pad, cuff, pump, reservoir, 
    tubing, and all internal components and filling agents, or the 
    silicone-hydride and vinyl content of cross-linked materials of the 
    pad, cuff, pump, reservoir, tubing, and all internal components and 
    filling agents, as well as the particle size and surface area of the 
    silica if present in the pad, cuff, pump, reservoir, tubing, and the 
    composition of all internal components, filling agents, or gel should 
    be provided. A complete description of the medium used to inflate the 
    device (saline, contrast medium, etc.) and whether and how the implant 
    will be prefilled must also be provided.
        The standard operating procedures for sterility and materials 
    qualifications must be provided. Sterilization information should 
    include the method of sterilization; the detailed sterilization 
    validation protocol and results; the sterility assurance level; the 
    type of packaging; the packaging validation protocol and results; 
    residual levels of ethylene oxide, ethylene glycol, and ethylene 
    chlorohydrin remaining on the device after the sterilization quarantine 
    period, if applicable; and the radiation dose, if applicable.
        A complete description of the functional testing of subassemblies 
    and finished products performed during the manufacturing process and 
    during quality assurance/quality control (QA/QC) testing must be 
    provided. Functional testing performed during manufacturing and QA/QC 
    procedures should detect any device flaws that could lead to short-term 
    failure and should demonstrate functional integrity of the device. A 
    QA/QC plan that demonstrates how raw materials, components, 
    subassemblies, and any filling agents will be received, stored, and 
    handled in a manner designed to prevent damage, mixup, contamination, 
    and other adverse effects must be provided. This plan shall 
    specifically include, but not necessarily be limited to, a record of 
    raw material, component, subassembly, and filling agent acceptance and 
    rejection, visual examination for damage, and inspection, sampling and 
    testing for conformance to specifications.
        Written procedures for finished device inspection to assure that 
    device specifications are met must be provided. These procedures shall 
    include, but are not limited to, the requirement that each production 
    run, lot or batch be evaluated and, where necessary, tested for 
    conformance with device specifications prior to release for 
    distribution. A representative number of samples shall be selected from 
    a production run, lot or batch and tested under simulated use 
    conditions and to any extremes to which the device may be exposed.
        Furthermore, the QA/QC procedures must include appropriate visual 
    testing of the packaging, packaging seal, and product. Sampling plans 
    for checking, testing, and release of the device shall be based on an 
    acceptable statistical rationale (21 CFR 820.80 and 820.160).
    
    B. Preclinical Data
    
        Complete identification and quantification of all chemicals, 
    including residual amine containing components, volatile and 
    nonvolatile silicone cyclics and oligomers below a molecular weight of 
    1,500 exhaustively extracted from each of the individual structural 
    components (pad, cuff, pump, reservoir, tubing, and any other 
    materials, lubricants, or filling agents) as they are found in the 
    final sterilized device should be reported. The solvents used for 
    extraction should have varying polarities and should include, but not 
    be limited to, ethanol/saline (1:9) and dichloromethane. Other, more 
    contemporary extraction techniques, such as supercritical fluid 
    extraction, may also be useful, at least for exhaustive extraction of 
    the silicone materials. Experimental evidence must be provided 
    establishing that exhaustive extraction is achieved with one of the 
    selected solvents, and the percent recovery, especially for the more 
    volatile components, must be reported. Extracts that may contain 
    oligomeric or polymeric species must have the molecular weight 
    distribution provided along with the number and weight average 
    molecular weight, and polydispersity. All experimental methodologies 
    must be described, and raw data (including instrument reports) must be 
    provided along with all chromatographs, spectrograms, etc. The limit of 
    detection (two times noise level) must be provided when the analyte of 
    interest is not detected. Laboratory test methods and animal 
    experiments used [[Page 8602]] in the characterization of the physical, 
    chemical (other than exhaustive extraction) and mechanical properties 
    of the device should be applicable to the intended use of the device in 
    humans. Infrared measurements of the surface of device components as 
    they occur in the final, sterilized product should be provided.
        Biocompatibility testing data must be provided for all materials 
    (pad, cuff, pump, reservoir, tubing, filling agents, gels, lubricants, 
    and any other materials) in the implanted mechanical/hydraulic urinary 
    continence device, including all color additives (ink, dyes, markings, 
    etc.) used to fabricate the implanted mechanical/hydraulic urinary 
    continence device. FDA guidance on biocompatibility testing is 
    available in the document titled ``Tripartite Biocompatibility Guidance 
    for Medical Devices.'' A copy may be obtained upon request from the 
    Division of Small Manufacturers Assistance (HFZ-220), Center for 
    Devices and Radiological Health, Food and Drug Administration, 5600 
    Fishers Lane, Rockville, MD 20857. Biocompatibility evaluation should 
    follow the methodology of tests for tissue contacting, long-term 
    internal devices.
        Toxicological effects (e.g., cytotoxicity, mutagenicity, affects on 
    the immune system, and reproductive and developmental toxicity) should 
    be identified. Complete mutagenicity testing of extracts from the 
    finished, sterilized components of the device should be provided. These 
    tests should include the following: Bacterial mutagenicity, mammalian 
    mutagenicity, deoxyribonucleic acid (DNA) damage, and cell 
    transformation assay.
        Acute, subchronic, and chronic toxicity studies using the chemicals 
    recovered by the above exhaustive extraction processes should be 
    provided in the evaluation of the long-term biocompatibility of the 
    device, including dose response and time to response as well as gross 
    and histopathological findings in tissues both surrounding implants and 
    distal to implant sites (lymph nodes, prostate, urethra, bladder, 
    ovaries/testes, liver, kidneys, lungs, uterus, etc.). Animal studies of 
    carcinogenicity, reproductive toxicity, teratogenicity, and later 
    effects on offspring must be performed using scientifically justified 
    test methods. These studies must include animal testing of the extracts 
    from the final sterilized device. Teratology/ reproductive testing of 
    the final sterilized device and extractables should be performed in an 
    appropriate species using validated methods. Furthermore, for those 
    devices that contain silicone gel, a subset of these studies must test 
    the compounds extracted from the materials of the sterilized device for 
    estrogen-like antigonadotropic activity in an appropriate animal model 
    using scientifically valid methods.
        Pharmacokinetic/biodegradation studies of all materials contained 
    in the finished device should state all materials of toxicological 
    concern, such as amine, silicone, and fluorosilicone compounds. Of 
    special concern are questions regarding the ultimate fate, quantities, 
    sites/organs of deposition, routes of excretion, and potential clinical 
    significance of silicone shedding, retention, and migration. Data on 
    the distribution and metabolic fate of amine containing components, 
    silicone, and any other materials used in the manufacturing of the 
    device should be supplied.
        Animal testing should also be conducted to study the effect of 
    implantation upon device function and material integrity. Complete 
    device chemical characterization and mechanical testing should be 
    performed after devices have been implanted in an appropriate animal 
    model for an appropriate length of time. Of special concern is the 
    material integrity of the pad, cuff, reservoir, pump, tubing, joints, 
    etc., which should be functionally tested and investigated using 
    electron microscopy. The results of this testing should be compared to 
    the failure rates noted during in vitro testing and clinical studies in 
    order to demonstrate that the animal model and study duration chosen 
    are appropriate.
        For the implanted mechanical/hydraulic urinary continence device 
    designs that contain silicone gel, or employ a silicone gel as a 
    lubricant, the gel bleed performance of the device, as determined from 
    the results of measurements using a standard diffusion cell maintained 
    at a temperature simulating physiologic conditions using stirred, 
    physiologic saline as a receptacle medium for the bleed, must be 
    reported. Each variation in thickness or device design must be measured 
    to accurately determine diffusion coefficients (with appropriate time 
    dependencies). The chemical identification of the bleed product, 
    including, but not limited to, amine containing components, volatile 
    and nonvolatile silicone cyclics and oligomers below a molecular weight 
    of 1,500 and molecular weight distribution, must be reported.
        For the polyurethane covered designs (foam or elastomer), FDA 
    believes that in vivo implant studies must be performed to identify and 
    determine the bioabsorption, distribution, and elimination of the 
    polyurethane covering (as well as their degradation products) in 
    experimental animals. It is also important to identify and determine 
    the mechanism and rate of degradation, as well as the quantity of TDA 
    or other products generated by the breakdown of polyurethane covered 
    implanted mechanical/hydraulic urinary continence devices after 
    prolonged exposure under physical conditions in animals. Additionally, 
    the agency recommends that retrospective epidemiological and 
    prospective clinical studies be designed to assess the potential of 
    cancer and other long-term complications related to implanted 
    mechanical/hydraulic urinary continence devices containing 
    polyurethane. The agency suggests that these preclinical and 
    epidemiological studies be conducted as a separate subset of implanted 
    mechanical/hydraulic urinary continence device safety studies.
        In vitro testing should be conducted at the component, subassembly, 
    and final device levels and must examine all aspects of device design, 
    construction, and operation. This testing should also demonstrate how 
    the device design and manufacturing processes address the failure mode 
    and effects analysis. The failure mode effects analysis should be 
    provided. Copies of the original data sheets from all tests must be 
    included in the PMA. All device failures must be completely described, 
    and the corrective actions taken to eliminate or minimize further 
    recurrence should also be identified.
        An adequate number of samples of each model, based on relevant 
    power calculations, will be required. If marketing approval is sought 
    for multiple device versions, each version requires its own set of 
    preclinical tests and results. If sample devices of each available size 
    are not tested, it must be clearly indicated which device sizes were 
    used for each test. The absence of testing on each size must be 
    justified by analysis demonstrating that the results from the tested 
    devices will accurately predict results for the untested device sizes.
        The test conditions and acceptance criteria for all tests should be 
    completely explained and justified. All tests should be performed on 
    final, sterilized devices in an environment simulating the possible 
    range of anticipated in vivo conditions (temperatures, pressures, 
    forces, stresses, etc.), where possible. All methods used to determine 
    the condition of the device after testing, e.g., visual examination, 
    electrical [[Page 8603]] continuity, electron microscope examination, 
    functional testing, etc., must be discussed and justified.
        All data collected from in vitro and animal testing, regarding the 
    useful lifetime or long-term reliability of the device, must be 
    compared to data from clinical studies (prospective and/or 
    retrospective) where the useful lifetime of the device has been 
    determined. This comparison must validate the ability of the in vitro 
    and animal tests to accurately predict the useful lifetime of the 
    implanted device.
        If accelerated aging is used to demonstrate device durability and 
    reliability, all processes used should be completely described, and the 
    calculations validating the expected aging should be provided.
        All physical, chemical, and functional properties of the device 
    should be completely characterized, and the design specifications must 
    be adequately justified. Chemical characterization should include, 
    where applicable, molecular weight and molecular weight distribution, 
    cross-link density, infrared analysis (free isocyanate content, side 
    reaction products), and differential scanning calorimetry. The physical 
    tests should include, but are not necessarily limited to the tests 
    discussed below.
        Testing should include the following specific methods or their 
    equivalents: (1) American Society for Testing Materials (ASTM) Test 
    Method D412 to measure tensile strength, force to breakage, ultimate 
    elongation, and total energy to rupture of the pad, cuff, pump, 
    reservoir, tubing, and bulk of all elastomeric components (with and 
    without incorporated fold flaws) of the finished, sterilized device; 
    dynamic mechanical analysis and fatigue characterization of all 
    elastomeric components particularly those comprising the cuff of the 
    finished, sterilized device; (2) ASTM Test Method D624 to determine 
    tear and abrasion resistance of all components; an applied force at the 
    rate of 1 Hertz versus number of cycles to failure (AF/N) curve 
    (including the minimum force required to rupture the component under a 
    single stroke of applied load), constructed on the basis of cyclical 
    compression testing of intact sterilized devices; and (3) ASTM Test 
    Method F703 (section 7.2) to determine the force to break of adhered or 
    fused joints. A complete report of the cohesivity and penetration 
    testing of the gel must also be reported for the devices containing 
    silicone gel. The results of each of these tests must be compared to 
    the energy, forces, etc., that the device will encounter in vivo.
        Life testing should demonstrate the device is sufficiently durable 
    to withstand the demands of use while maintaining operational 
    characteristics sufficient for urethral compression throughout the 
    expected operational lifetime of the implanted mechanical/hydraulic 
    urinary continence device, as stated in the physician and patient 
    labeling. Life testing should include measurements of all component and 
    material wear and bond strengths after the device is cycled between 
    inflated and deflated conditions. A discussion comparing the rate of 
    cycling performed in each test to the approximate maximum rate of 
    cycling of the device in vivo and to the expected longevity of the 
    implant should be included.
        Appropriate ``downtimes'' at predetermined cyclical intervals 
    should be included in the life tests to evaluate relevant performance 
    characteristics and conformance to design specifications. Material 
    characteristics indicative of material degradation that could induce 
    device malfunction should be completely evaluated. Cyclical testing 
    beyond the expected longevity of the implant and recording of failure 
    mode must also be included as part of the life tests.
        Filling agent permeability from the reservoir and body of the 
    device must be evaluated to demonstrate that fluid loss due to osmosis 
    will be acceptable over the expected life of the implanted mechanical/
    hydraulic urinary continence device.
        Component-specific tests are also necessary. Reliability over the 
    expected life of the device, proper operation, and conformance to 
    predetermined operational specifications must be demonstrated for each 
    component. Resistance of each component to abrasion, tear, crazing, 
    fracture, material fatigue (including wear between each component), 
    change of position (e.g., valve seats), and permanent deformation also 
    must be demonstrated.
        Pad characterization and testing should include, but not be limited 
    to: Measurement of stiffness and rigidity, including resistance to 
    buckling; uniformity of dimensions (if the device is inflated); and 
    wear characteristics.
        Cuff characterization and testing should include, but not be 
    limited to: Maximum pressure and expansion capability; measurement of 
    stiffness, including resistance to buckling; resistance to aneurysms; 
    ability of cuff closure to remain inflated under maximum loads expected 
    in vivo; uniformity of inflated dimensions; inflation and deflation 
    characteristics; and wear characteristics at folds in the cuff.
        Pump characterization and testing should include, but not be 
    limited to: The range of volumes displaced per stroke; minimum force 
    required to affect fluid displacement; squeeze force versus fluid 
    displacement; inflation effort, defined as pump force times the number 
    of strokes required for full device activation; and ability of the 
    implanted mechanical/hydraulic urinary continence device to maintain 
    its set pressure after repeated punctures to its pressure adjustment 
    port with both new devices and devices evaluated in the reliability 
    tests.
        Valve characterization and testing should include, but not be 
    limited to: Pump output pressure required to affect valve opening for 
    device activation; tactile pressure/force required to affect valve 
    opening, against fully inflated cuffs, for deflation; back pressure 
    required for valve failure; maximum pressure differential across closed 
    valve at full inflation and deflation, and the leakage rates at these 
    pressures; prevention of spontaneous deflation under movements and 
    loads simulating those expected to be sustained by the implanted device 
    in an inflated state; and potential for valve failure which could 
    result in an inability to inflate or deflate the cuff.
        Reservoir characteristics should be evaluated and should include, 
    but not be limited to: Volume capacity; pressures generated over the 
    inflation/deflation cycle; rate of maximum fluid outflow and inflow; 
    wear characteristics if a fold in the reservoir envelope occurs; and 
    durability tests demonstrating adequate resistance to fatigue caused by 
    cyclic external compression applied radially to inflated reservoir.
        Tubing testing should include, but not be limited to: Tensile 
    characteristics (with and without tubing connectors, if any); tear or 
    rupture resistance; kink resistance; wear characteristics if a fold in 
    the tubing develops; and ability of the tubing to remain intact under 
    loads simulating and exceeding those expected in vivo.
        Testing to demonstrate the inflation/deflation characteristics of 
    the device should include, but not be limited to: Amount of pressure 
    generated during inflation of the cuff; amount of pressure drop 
    (deflation) and rise (inflation) per unit time; ability to maintain the 
    inflated cuff dimensions; and time to fully inflate and deflate the 
    cuff from specified starting pressures.
        All bonds within the device and between components should undergo 
    appropriate testing including, but not be limited to measurement of 
    bond shear and tensile strength. Bond strength [[Page 8604]] should 
    exceed the loads expected during device handling and after 
    implantation.
        Other components of the implanted mechanical/hydraulic urinary 
    continence device or accessories, such as tubing connectors, extension 
    adapters, and specialized tools used during the insertion procedure, 
    should be evaluated appropriately. Testing of these components or 
    accessories should reflect the anticipated conditions of use; for 
    example, tubing connectors should be demonstrated to be able to 
    maintain connection to the device for the expected life of the device.
    
    C. Clinical Data
    
        Valid scientific evidence, as defined in Sec. 860.7(c)(2), which 
    includes information from well-controlled investigations, partially 
    controlled studies, studies and objective trials without matched 
    controls, well-documented case histories conducted by qualified experts 
    and reports of significant human experience with a marketed device from 
    which it can fairly and responsibly be concluded by qualified experts 
    that there are reasonable assurances of the safety and effectiveness of 
    the implanted mechanical/hydraulic urinary continence device. Detailed 
    protocols for the clinical trials, with explicit patient inclusion/
    exclusion criteria and well-defined followup schedules, should be 
    specified. FDA believes that 5-year followup data are necessary in 
    order to characterize the safety and effectiveness of the device over 
    its expected lifetime; however, appropriately justified alternate 
    followup schedules will be considered. Any deviations from the protocol 
    should be stated and justified. Time-course presentations of 
    restoration of continence (dryness) or significant improvement in 
    continence, as well as other information on the anatomical and 
    physiological effects of the implanted mechanical/hydraulic urinary 
    continence device (including all adverse events) should be provided. 
    Full patient accounting should be reported, including: (1) Theoretical 
    followup (the number of patients that would have been examined if all 
    patients were examined according to their followup schedules); (2) 
    patients lost to followup, excluding deaths, should include measures 
    taken to minimize such events (with all available information obtained 
    on patients lost to followup) and should not exceed 20 percent over the 
    course of the study; (3) time course of revisions, including all 
    explant and repair data; and (4) time-course of deaths (stating the 
    cause of death, including the reports from any postmortem 
    examinations). As part of this patient accounting, each clinical report 
    should clearly state the date that the data base was closed to the 
    addition of new information. Detailed patient demographic analyses and 
    characterizations should be presented to show that the patients 
    enrolled in the study are representative of the population for whom the 
    device is intended.
        A statistical demonstration, based on the number of patients who 
    complete the required study period, should show that the sample size of 
    the clinical study is adequate to provide accurate measures of the 
    safety and effectiveness of this device. The statistical demonstration 
    should identify the effect criteria, clinically reasonable levels for 
    Type I (alpha) and Type II (beta) errors, and anticipated variances of 
    the response variables. The statistical demonstration should also 
    provide any assumptions made and all statistical formulas used (with 
    copies of any references). A complete description of all patient 
    randomization techniques used, and how these techniques were employed 
    to exclude potential sources of bias, should be provided. Statistical 
    justifications for pooling across several demographic or surgical 
    variables, such as the etiology and duration of incontinence, age, 
    gender, concomitant medical conditions, various anatomical 
    abnormalities, the type or model of the device implanted, the number 
    and type of treatments (if any) attempted to restore continence prior 
    to device implantation, device usage (initial implantation versus 
    revision), investigational site, degree of patient motivation and 
    manual dexterity, surgeon experience and technique, and pad or cuff 
    placement site, should be provided. The data collected and reported 
    should include all necessary variables in order to permit 
    stratification and analysis of the study data required to evaluate the 
    risk/benefit ratio for each clinically relevant subpopulation of 
    patients.
        Appropriate concurrent control/comparison groups should be included 
    and justified and, if not, their absence must be justified. All 
    hypotheses to be tested must be clearly stated. Appropriate statistical 
    techniques must be employed to test these hypotheses as support for 
    claims of safety and effectiveness. For each relevant subgroup, a 
    sufficient number of patients need to be followed for a sufficient 
    length of time to support all claims (explicit and implied) in any PMA 
    submission.
        To evaluate the risks to the patient from the implanted mechanical/
    hydraulic urinary continence device, clinical studies should include 
    time-course presentations of clinical data demonstrating the presence 
    or absence of tissue erosion, infection, pain/discomfort, injury to the 
    upper urinary tract due to either urinary retention or hydronephrosis, 
    continued or worsened incontinence, leakage, wear, tubing kinking/
    breaking or disconnection, pump failure, cuff or pad failure, hematoma, 
    seroma, inguinal hernia formation, fibrous capsule formation, fistula 
    formation from urethral erosion, urethral scarring, bleeding, urethral 
    stricture, development of bladder hyperreflexia, reoperation, wound 
    dehiscence, pelvic abscess, and fistula to the skin, including any 
    effects on the immune system (both local to the device and systemic) 
    and the reproductive system, without regard to the device relatedness 
    of the event. The diagnostic criteria for each type of immunological 
    and allergic phenomenon should be defined at the beginning of the 
    study, and all cases should be well-documented utilizing these 
    criteria. Patients must be regularly monitored for the occurrence of 
    such adverse events for a minimum of 5 years post-implantation, or 
    until physical maturity of the subject (whichever occurs later).
        The effectiveness of the device may be assessed by an objective and 
    standardized recording/measurement of: (1) The ability of the device in 
    vivo to either restore or significantly improve urinary continence; and 
    (2) the enhancement of a patient's quality of life following 
    implantation of the device; both of which should be balanced against 
    any risk of illness or injury from use of the device. FDA understands 
    that evaluation of the degree of benefit involves, in part, an 
    assessment of patient quality of life, which relates to the 
    postoperative function of the device. Such evaluation includes 
    subjective factors and relates to patient expectations. Assessments of 
    the in vivo performance of the device's function, on the other hand, 
    should provide some objective measure of device effectiveness.
        Documentation of the anatomical and physiologic outcomes of 
    implantation of an implanted mechanical/hydraulic urinary continence 
    device shall include:
        (1) Regular postsurgical evaluations of the functional (i.e., 
    inflation and deflation) characteristics of the device for at least 5 
    years postimplantation, or until physical maturity of the subject 
    (whichever occurs later);
        (2) Periodic postsurgical urodynamic testing (such as measurements 
    of leak point pressure and the volume of urine leaked into a pad after 
    a standard set of [[Page 8605]] maneuvers) during this followup period, 
    with comparisons to baseline measurements;
        (3) Regular postsurgical assessments of incontinence grade 
    (possibly obtained from patient voiding diaries or the number of pads 
    required per day to keep dry), as compared to baseline values; and
        (4) Patient assessments of the mechanical function of the implant 
    (such as ease of activation) during this followup period (which may be 
    influenced by the manual dexterity or motivation of the patient).
        Documentation of the effect of the device upon the patient's 
    quality of life shall include:
        (1) Prospective research designs, including pre- and postsurgical 
    repeated measures for at least 5 years postimplantation, or until 
    physical maturity of the subject (whichever occurs later);
        (2) Standardized test questions rather than informal, yet-validated 
    questionnaires; and
        (3) Comparisons of the postsurgical scores to those measured prior 
    to device implantation.
        Any PMA for the implanted mechanical/hydraulic urinary continence 
    device should separately analyze the degree of device safety and 
    effectiveness by the following variables: (1) Etiology; (2) duration 
    and degree of urinary incontinence; (3) the device type or model 
    implanted; (4) gender; and (5) age. Furthermore, for each explantation 
    procedure performed on the study subjects, the following information 
    must be provided: (1) The mode of failure of the removed device; (2) 
    whether or not the explanted device was replaced with a new device; and 
    (3) either the manufacturer, type and model of the new device implanted 
    (if another implanted mechanical/hydraulic urinary continence device 
    was implanted), or the type of treatment (if any) that the patient 
    received for his/her incontinence (if revision surgery was not 
    performed). Additionally, the effect of the presence of these implants 
    upon future medical diagnoses/treatments involving the lower pelvic 
    region in recipients of implanted mechanical/hydraulic urinary 
    continence devices must be analyzed. Furthermore, any accessories sold 
    with the implanted mechanical/hydraulic urinary continence device must 
    be shown to have been effectively used in implant procedures without 
    adverse effects. Finally, each clinical investigation should validate 
    the physician and patient instructions for use (labeling) that were 
    used, particularly the instructions regarding the selection of the 
    appropriate device size (if applicable).
        For polyurethane foam covered implants, the following additional 
    information needs to be presented:
        (1) The kinetics of end products generated from the degradation of 
    the polyurethane material (in vivo);
        (2) The frequency and incidence of infection and complication of 
    retrieval of the implant by surgeons; and
        (3) The neoplasticity of these materials and products, as well as 
    their general toxicity, including neurological, physiological, 
    biochemical, and hematological effects, as well as pathology following 
    prolonged and repeated exposure to polyurethane foam covered implanted 
    mechanical/hydraulic urinary continence devices.
        Any epidemiological studies submitted should contain sufficient 
    subjects to permit detection of a small, but clinically significant, 
    increase in one or more connective tissue diseases (especially 
    scleroderma) that may be associated with the use of the device.
        The agency believes that insufficient time has elapsed to permit a 
    direct evaluation of the risks of cancer and immune related connective 
    tissue disorders posed by the presence of silicone in the human body, 
    and that insufficient epidemiological and experimental animal data are 
    available to make a reasonable and fair judgment of these risks. 
    Furthermore, the potential long-term risk of hydronephrosis and/or 
    decreases in renal function in patients implanted with the implanted 
    mechanical/hydraulic urinary continence device, due to the chronic 
    elevation of urethral resistance experienced postimplantation, has yet 
    to be quantified and is a concern of the agency. Therefore, the agency 
    will require long-term postapproval followup for any implanted 
    mechanical/hydraulic urinary continence device permitted in commercial 
    distribution. Well-designed clinical prospective studies with long-term 
    followup together with experimental animal studies will be considered 
    essential to the determination of the safety and effectiveness of the 
    device. Further, these clinical studies must collect long-term data on 
    the reproductive/teratogenic effects of the device as well as on the 
    later effects on the offspring.
        The risk/benefit assessment (as with the entire PMA) must rely on 
    valid scientific evidence as defined in Sec. 860.7(c)(2) from well-
    controlled studies as described in Sec. 860.7(f) in order to provide 
    reasonable assurance of the safety and effectiveness of the implanted 
    mechanical/hydraulic continence device in the treatment of urinary 
    incontinence.
    
    D. Labeling
    
        Copies of all proposed labeling for the device including any 
    information, literature, or advertising that constitutes labeling under 
    section 201(m) of the act (21 U.S.C. 321(m)), should be provided. The 
    general labeling requirements for medical devices are contained in 21 
    CFR part 801. These regulations specify the minimum requirements for 
    all devices. Additional guidance regarding device labeling can be 
    obtained from FDA's publication ``Labeling: Regulatory Requirements for 
    Medical Devices,'' and from the Office of Device Evaluation's ``Device 
    Labeling Guidance''; both documents are available upon request from the 
    Division of Small Manufacturers Assistance (address above). Highlighted 
    below is additional guidance for some of the specific labeling 
    requirements for implanted mechanical/hydraulic urinary continence 
    devices.
        The intended use statement should include the specific indications 
    for use and identification of the target populations. Specific 
    indications and target populations must be completely supported by the 
    clinical data described above. For example, it may be necessary to 
    restrict the intended use to patients who have failed prior less 
    invasive therapies and/or to patients with specific etiologies of 
    incontinence in whom safety and effectiveness have been demonstrated.
        The directions for use should contain comprehensive instructions 
    regarding the preoperative, perioperative, and postoperative procedures 
    to be followed. This information includes, but is not necessarily 
    limited to: (1) A description of any preimplant training necessary for 
    the surgical team; (2) a description of how to prepare the patient 
    (e.g., prophylactic antibiotics), operating room (e.g., what supplies 
    must be on hand), and implanted mechanical/hydraulic urinary continence 
    device (e.g., handling instructions, resterilization instructions) for 
    device implantation; (3) instructions for implantation, including 
    possible surgical approaches, sizing, fluid adjustment (including what 
    filling solutions may be used and how they must be prepared), device 
    handling, and intraoperative test procedures to ensure implant 
    functionality and proper placement; and (4) instructions for followup, 
    including whether antibiotic prophylaxis is recommended during the 
    postimplant period and/or during any subsequent dental or other 
    surgical procedures, how to determine when [[Page 8606]] patients are 
    ready to activate the device, and how to evaluate, and how often to 
    evaluate, proper functionality and placement. The directions should 
    instruct caregivers to specifically question patients prior to surgery 
    for any history of allergic reaction to any of the device materials or 
    filling agents. Troubleshooting procedures should be completely 
    described. The directions for use should incorporate the clinical 
    experience with the implant, and should be consistent with those 
    provided in other company-provided labeling.
        The labeling should include both implant and explant forms to allow 
    the sponsor to adequately monitor device experience. The explant form 
    should allow collection of all relevant data, including the reason for 
    the explant, any complications experienced and their resolution, and 
    any action planned (e.g., replacement with another implant).
        Patient labeling must be provided which includes the information 
    needed to give prospective patients realistic expectations of the 
    benefits and risks of device implantation. Such information should be 
    written and formatted so as to be easily read and understood by most 
    patients and should be provided to patients prior to scheduling 
    implantation, so that each patient has sufficient time to review the 
    information and discuss it with his or her physician(s). Technical 
    terms should be kept to a minimum and should be defined if they must be 
    used. Patient information labeling should not exceed the seventh grade 
    reading comprehension level.
        The patient labeling should provide the patient with the following 
    information: (1) The indications for use and relevant 
    contraindications, warnings, precautions and adverse effects/ 
    complications should be described using terminology well known and 
    understood by the average layman; (2) the anticipated benefits and 
    risks associated with the device must be provided to give patients 
    realistic expectations of device performance and potential 
    complications. The known, suspected and potential risks of device 
    implantation should be identified and the consequences, including 
    possible methods of resolution, should be described; (3) alternatives 
    available to the use of the device, including less invasive treatments, 
    should be identified, along with a description of the associated 
    benefits and risks of each. The patient should be advised to contact 
    his physician for more information on which of these alternatives might 
    be appropriate given his specific condition; (4) instructions for how 
    to use the device must be provided to the patient. This information 
    should include the expected length of recovery from surgery and when to 
    attempt activation following implantation, whether and how often the 
    device should be periodically cycled (if applicable), warnings against 
    certain actions that could damage the device, how to identify 
    conditions that require physician intervention, who to contact if 
    questions arise, and other relevant information; (5) the fact that the 
    implant should not be considered a ``lifetime'' implant must be 
    emphasized. Where possible, the patient labeling should provide 
    information on the approximate number of revisions necessary for the 
    average patient, and indicate the average longevity of each implant so 
    patients are fully aware that additional surgery for device 
    modification, replacement, or removal may be necessary. This 
    information must be supported by the clinical experience (i.e., not 
    merely bench studies) with the implant or by published reports of 
    experience with similar devices.
        The physician's labeling should instruct the urologist or 
    implanting surgeon to provide the implant candidate with the patient 
    labeling prior to surgery to allow each patient sufficient time to 
    review and discuss this information with his physician(s).
        The adequacy and appropriateness of the instructions for use 
    provided to physicians and patients should be verified as part of the 
    clinical investigations.
        Applicants should submit any PMA in accordance with FDA's 
    ``Premarket Approval (PMA) Manual.'' The manual is available upon 
    request from the Division of Small Manufacturers Assistance (address 
    above).
    
    III. Comments
    
        Interested persons may, on or before June 15, 1995, submit to the 
    Dockets Management Branch (HFA-305), Food and Drug Administration, rm. 
    1-23, 12420 Parklawn Dr., Rockville, MD 20857, written comments 
    regarding this proposal. Two copies of any comments are to be 
    submitted, except that individuals may submit one copy. Comments are to 
    be identified with the docket number found in brackets in the heading 
    of this document. Received comments may be seen in the office above 
    between 9 a.m. and 4 p.m., Monday through Friday.
    
        Those wishing to make comments are encouraged to discuss all 
    aspects of the proposed findings regarding the following topics:
        (1) Degree of risk, illness, or injury associated with the use of 
    the implanted mechanical/hydraulic urinary continence device;
        (2) Laboratory, animal, and human studies required in a PMA for the 
    device in order to assess its safety and effectiveness;
        (3) Feasibility of these studies within the time permitted by the 
    act, etc.; and
        (4) Benefits to the public from the use of the device.
        The comments must discuss in detail, for example, the reasons why 
    important new information on the safety and effectiveness of the device 
    could not feasibly be submitted within the time permitted, or why 
    animal studies may not be available to assess long-term effects such as 
    connective tissue disorders, or that carefully designed epidemiological 
    studies may not be available to evaluate the long-term silicone related 
    illnesses, etc.
        The Center for Devices and Radiological Health staff are available 
    to provide guidance to manufacturers on any proposed laboratory, 
    animal, or epidemiological studies needed in a PMA.
    
    IV. Opportunity to Request a Change in Classification
    
        Before requiring the filing of a PMA or a notice of completion of a 
    PDP for a device, FDA is required by section 515(b)(2)(A)(i) through 
    (b)(2)(A)(iv) of the act and 21 CFR 860.132 to provide an opportunity 
    for interested persons to request a change in the classification of the 
    device based on new information relevant to its classification. Any 
    proceeding to reclassify the device will be under the authority of 
    section 513(e) of the act.
        A request for a change in the classification of the implanted 
    mechanical/hydraulic urinary continence device is to be in the form of 
    a reclassification petition containing the information required by 
    Sec. 860.123 (21 CFR 860.123), including new information relevant to 
    the classification of the device, and shall, under section 515(b)(2)(B) 
    of the act, be submitted by March 2, 1995.
        The agency advises that to assure timely filing of any such 
    petition, any request should be submitted to the Dockets Management 
    Branch (address above) and not to the address provided in 
    Sec. 860.123(b)(1). If a timely request for a change in the 
    classification of the implanted mechanical/hydraulic urinary continence 
    device is submitted, the agency will, by April 17, 1995, after 
    consultation with the appropriate FDA advisory committee and by an 
    order published in the Federal Register, either deny the request or 
    give notice of its intent to initiate a change in the 
    [[Page 8607]] classification of the device in accordance with section 
    513(e) of the act and 21 CFR 860.130.
    
    V. References
    
        The following references have been placed on display in the Dockets 
    Management Branch (address above) and may be seen by interested persons 
    between 9 a.m. and 4 p.m., Monday through Friday.
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        3. Herschorn, S., and S. B. Radomski, ``Fascial Slings and 
    Bladder Neck Tapering in the Treatment of Male Neurogenic 
    Incontinence,'' The Journal of Urology, 147(4):1073-1075, 1992.
        4. Malloy, T. R., A. J. Wein, and V. L. Carpiniello, ``Surgical 
    Success With AMS M800 GU Sphincter for Male Incontinence,'' Urology, 
    33(4)274-276, 1989.
        5. Riemenschneider, H. W., and S. G. Moon, ``Experience in 
    Private Practice With the Implantable Artificial Urinary 
    Sphincter,'' Ohio State Medical Journal, 79(8):630-633, 1983.
        6. Aaronson, I. A., ``The AS 800 Artificial Urinary Sphincter in 
    Children With Myelodysplasia,'' South African Medical Journal, 
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        7. Barrett, D. M., and B. G. Parulkar, ``The Artificial 
    Sphincter (AS-800). Experience With Children and Young Adults,'' 
    Urologic Clinics of North America, 16(1)119-132, 1989.
        8. Hamilton, S., H. D. Flood, M. K. Shetty, and R. Grainger, 
    ``Radiology of the AS 800 Artificial Urinary Sphincter; Normal 
    Appearances and Complications,'' European Journal of Radiology, 
    13(2):122-125, 1991.
        9. Lowe, D. H., H. C. Scherz, and C. L. Parsons, ``Urethral 
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    Urology, 31(1):82-85, 1988.
        10. Lukkarinen, O. A., M. J. Kontturi, T. L. Tammela, and P. A. 
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        11. Mundy, A. R., ``Artificial Sphincters,'' Review, British 
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        20. Sant Jeanne, P., ``Artificial Urinary Sphincter. Restoring 
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    1983.
        22. Foote, J., S. Yun, and G. E. Leach, ``Postprostatectomy 
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    Stephenson, ``An Assessment of the Complications of the Brantley 
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        24. Khoury, A. E., and B. M. Churchill, ``The Artificial Urinary 
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    1987.
        25. Light, J. K., and F. B. Scott, ``The Artificial Urinary 
    Sphincter in Children,'' British Journal of Urology, 56(1):54-57, 
    1984.
        26. Mitchell, M. E., and R. C. Rink, ``Experience With the 
    Artificial Urinary Sphincter in Children and Young Adults,'' Journal 
    of Pediatric Surgery, 18(6):700-706, 1983.
        27. Motley, R. C., and D. M. Barrett, ''Artificial Urinary 
    Sphincter Cuff Erosin. Experience With Reimplantation in 38 
    Patients,'' Urology, 35(3):215-218, 1990.
        28. Swami, K. S., and P. Abrams, ``Artificial Urinary 
    Sphincters,'' British Journal of Hospital Medicine, 47(8):591-596, 
    1992.
        29. Goldwasser, B., W. L. Furlow, and D. M. Barrett, ``The Model 
    AS 800 Artificial Urinary Sphincter: Mayo Clinic Experience,'' The 
    Journal of Hospital Medicine, 137(4):668-671, 1987.
        30. Kil, P. J., J. D. De Vries, P. E. Van Kerrebroeck, W. 
    Zwiers, and F. M. Debruyne, ``Factors Determining the Outcome 
    Following Implantation of the AMS 800 Artificial Urinary 
    Sphincter,'' British Journal of Urology, 64(6):586-589, 1989.
        31. Light, J. K., and F. B. Scott, ``Management of Urinary 
    Incontinence in Women With the Artificial Urinary Sphincter,'' The 
    Journal of Urology, 134(3):476-478, 1985.
        32. Boyd, S. D., ``Role of Urethral Reconstruction and 
    Artificial Sphincter in Complicated Salvage Radical Prostatectomy,'' 
    Urology, 32(4):304-308, 1988.
        33. Marks, J. L., and J. K. Light, ``Male Urinary Incontinence. 
    What Do You Do?,'' Postgraduate Medicine, 83(7):121-127 and 130, 
    1988.
        34. Marks, J. L., and J. K. Light, ``Management of Urinary 
    Incontinence After Prostatectomy With the Artificial Urinary 
    Sphincter,'' The Journal of Urology, 142(2 pt 1):302-304, 1989.
        35. Wang, Y., and H. R. Hadley, ``Experiences With the 
    Artificial Urinary Sphincter in the Irradiated Patient,'' The 
    Journal of Urology, 147(3):612-613, 1992.
        36. Light, J. K., and J. C. Reynolds, ``Impact of the New Cuff 
    Design of Reliability of the AS800 Artificial Urinary Sphincter,'' 
    The Journal of Urology, 147(3):609-611, 1992.
        37. Rose, S. C., M. E. Hansen, G. D. Webster, C. Zakrzewski, R. 
    H. Cohan, and N. R. Dunnick, ``Artificial Urinary Sphincters: Plain 
    Radiography of Malfunction and Complications,'' Radiology, 
    168(2):403-408, 1988.
        38. Scott, F. B., ``The Artificial Urinary Sphincter. Experience 
    in Adults,'' Urologic Clinics of North America, 16(1)105-117, 1989.
        39. Varner, R. E., and J. M. Sparks, ``Surgery for Stress 
    Urinary Incontinence,'' The Surgical Clinics of North America, 
    71(5):1111-1134, 1991.
        40. Carson, C. C., ``Infections in Genitourinary Prostheses,'' 
    Urologic Clinics of North America, 16(1):139-147, 1989.
        41. Holmes, S. A., R. S. Kirby, and H. N. Whitfield, ``Urinary 
    Tract Prostheses and Their Biocompatibility,'' The British Journal 
    of Urology, 71(4):378-383, 1993.
        42. Webster, G. D., L. M. Perez, J. M. Khoury, and S. L. 
    Timmons, ``Management of Type III Stress Urinary Incontinence Using 
    Artificial Urinary Sphincter,'' Urology, 34(6):499-503, 1992.
        43. Holt, S. A., and F. F. Bartone, ``Experience With the 
    Artificial Urinary Sphincter,'' The Nebraska Medical Journal, 
    68(7):193-197, 1983.
        44. Kroovand, R. L., ``The Artificial Sphincter for Urinary 
    Continence,'' Developmental Medicine and Child Neurology, 25(4):520-
    523, 1983.
        45. Fishman, I. J., R. Shabsigh, and F. B. Scott, ``Experience 
    With the Artificial Urinary Sphincter Model AS800 in 148 Patients,'' 
    The Journal of Urology, 141(2)307-310, 1989.
        46. Scott, F. B., ``The Artificial Urinary Sphincter: Review and 
    Progress,'' Medical Instrumentation, 22(4):174-181, 1988.
        47. Belloli, G., P. Campobasso, and A. Mercurella, ``Neuropathic 
    Urinary Incontinence in Pediatric Patients: Management With 
    Artificial Sphincter,'' Journal of Pediatric Surgery, 27(11):1461-
    1464, 1992.
        48. Lorentzen, T., S. Dorph, and T. Hald, ``Artificial Urinary 
    Sphincters. Radiographic Evaluation,'' ACTA Radiology, 28(1):63-66, 
    1987.
        49. Bitsch, M., H. Nerstrom, J. Nordling, and T. Hald, ``Upper 
    Urinary Tract Deterioration After Implantation of Artificial Urinary 
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    24(1):31-34, 1990.
        50. Light, J. K., and T. Pietro, ``Alteration in Detrusor 
    Behavior and the Effect on Renal [[Page 8608]] Function Following 
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        51. Medical Device Reporting (MDR) and Product Problem Reporting 
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        52. Roth, D. R., P. R. Vyas, R. L. Kroovand, and A. D. 
    Perlmutter, ``Urinary Tract Deterioration Associated With the 
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        53. Bischoff, F., and G. Bryson, ``Carcinogenesis Through Solid 
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        54. Hueper, W. C., ``Cancer Induction by Polyurethane and 
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    ``Malignant Fibrous Histiocytomas Induced in Rats by Polymers,'' 
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        57. Pedley, R. B., G. Meachim, and D. F. Williams, ``Tumor 
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        58. Benjamin, E., A. Ahmed, A. T. M. F. Rashid, and D. H. 
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        60. Morgenstern, L., S. H. Gleischman, S. L. Michel, J. E. 
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        62. Le Vier, R. R., and M. E. Jankowiak, ``Effects of Oral 2,6-
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    VI. Environmental Impact
    
        The agency has determined under 21 CFR 25.24(a)(8) that this action 
    is of a type that does not individually or cumulatively have a 
    significant effect on the human environment. Therefore, neither an 
    environmental assessment nor an environmental impact statement is 
    required.
    
    VII. Analysis of Impacts
    
        FDA has examined the impacts of the proposed rule under Executive 
    Order 12866 and the Regulatory Flexibility Act (Pub. L. 96-354). 
    Executive Order 12866 directs agencies to assess all costs and benefits 
    of available regulatory alternatives and, when regulation is necessary, 
    to select regulatory approaches that maximize net benefits (including 
    potential economic, environmental, public health and safety, and other 
    advantages; distributive impacts; and equity). The agency believes that 
    this proposed rule is consistent with the regulatory philosophy and 
    principles identified in the Executive Order. In addition, the proposed 
    rule is not a significant regulatory action as defined by the Executive 
    Order and so is not subject to review under the Executive Order.
        The Regulatory Flexibility Act requires agencies to analyze 
    regulatory options that would minimize any significant impact of a rule 
    on small entities. Because PMA's for this device could have been 
    required by FDA as early as June 30, 1986, and because firms that 
    distributed this device prior to May 28, 1976, or whose device has been 
    found by FDA to be substantially equivalent will be permitted to 
    continue marketing the implanted mechanical/hydraulic urinary 
    continence device during FDA's review of the PMA or notice of 
    completion of the PDP, the agency certifies that the proposed rule will 
    not have a significant economic impact on a substantial number of small 
    entities. Therefore, under the Regulatory Flexibility Act, no further 
    analysis is required.
    
    List of Subjects in 21 CFR Part 876
    
        Medical devices.
    
        Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
    authority delegated to the Commissioner of Food and Drugs, it is 
    proposed that 21 CFR part 876 be amended as follows:
    
    PART 876--GASTROENTEROLOGY-UROLOGY DEVICES
    
        1. The authority citation for 21 CFR part 876 continues to read as 
    follows:
    
        Authority: Secs. 501, 510, 513, 515, 520, 701 of the Federal 
    Food, Drug, and Cosmetic Act (21 U.S.C. 351, 360, 360c, 360e, 360j, 
    371).
    
        2. Section 876.5280 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 876.5280  Implanted mechanical/hydraulic urinary continence 
    device.
    
    * * * * *
        (c) Date PMA or notice of completion of a PDP is required. A PMA or 
    notice of completion of a PDP is required to be filed with the FDA on 
    or before (insert date 90 days after the effective date of a final rule 
    based on this proposed rule), for any implanted mechanical/hydraulic 
    urinary continence device that was in commercial distribution before 
    May 28, 1976, or that has on or before (insert date 90 days after the 
    effective date of a final rule based on this proposed rule), been found 
    to be substantially equivalent to the implanted mechanical/hydraulic 
    urinary continence device that was in commercial distribution before 
    May 28, 1976. Any other implanted mechanical/hydraulic urinary 
    continence device shall have an approved PMA or declared completed PDP 
    in effect before being placed in commercial distribution.
    
        Dated: January 10, 1995.
    D.B. Burlington,
    Director, Center for Devices and Radiological Health.
    [FR Doc. 95-3805 Filed 2-14-95; 8:45 am]
    BILLING CODE 4160-01-F
    
    

Document Information

Published:
02/15/1995
Department:
Food and Drug Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; opportunity to request a change in classification.
Document Number:
95-3805
Dates:
Written comments by June 15, 1995; requests for a change in classification by March 2, 1995. FDA intends that, if a final rule based on this proposed rule is issued, PMA's will be required to be submitted within 90 days of the effective date of the final rule.
Pages:
8595-8609 (15 pages)
Docket Numbers:
Docket No. 94N-0380
PDF File:
95-3805.pdf
CFR: (3)
21 CFR 860.123(b)(1)
21 CFR 860.123
21 CFR 876.5280