Medical Device - Regulatory

USA

Laboratory Developed Tests (LDTs) – Small Entity Compliance Guide

FDA issued a Small Entity Compliance Guide following the final Laboratory Developed Tests (LDT) Rule. The rule clarifies that in vitro diagnostic products (IVDs), including those developed by laboratories, are regulated as medical devices under the FD&C Act. The guide helps smaller organizations understand and comply with the applicable regulatory requirements.

Guidance on Delaying, Denying, Limiting, or Refusing Inspections

 FDA released guidance explaining the actions and circumstances that may be considered delaying, denying, limiting, or refusing a drug or medical device inspection under Section 704 of the FD&C Act, consistent with Section 501(j).

Canada

Transparency Principles for Machine Learning-Enabled Medical Devices

 FDA, Health Canada, and the MHRA introduced guiding principles to improve transparency for machine learning-enabled medical devices (MLMDs). Building on Good Machine Learning Practice (GMLP), the principles emphasize effective human-AI interaction, clear communication with users, and adoption of transparent development practices.

Europe

Clinical Evaluation of Orphan Medical Devices

 The MDCG published guidance describing how medical devices and accessories may qualify as orphan devices under MDR (EU) 2017/745. The guidance supports manufacturers and notified bodies in meeting clinical evidence requirements and facilitates access to EMA expert panel advice on orphan status and clinical data expectations.

Updated SCHEER Guidance on Phthalates

SCHEER revised its benefit–risk assessment guidance for phthalates used in medical devices. The update includes terminology refinements and additional annexes covering recent developments in alternative plasticizers, exposure assessment, and toxicological evidence.

Device-Specific Vigilance Guidance

A new Device Specific Vigilance Guidance (DSVG) document harmonizes vigilance reporting for CE-marked urogynaecological surgical mesh implants. It clarifies manufacturers’ obligations for reporting incidents and serious incidents under MDR (EU) 2017/745.

Finland

Public Access to Operator Information

Fimea announced that organizations registered in Finland’s CERE database will be listed publicly, improving transparency and supporting procurement authorities and stakeholders in line with EUDAMED principles.

Germany

Reporting SAEs and Product Defects

 German guidance reiterates MDR requirements for reporting serious adverse events and product defects in medical device clinical investigations, including applicable reporting forms and timelines.

Statistical Requirements for Clinical Investigations

 Authorities recommend incorporating statistical planning and analysis requirements defined in DIN EN ISO 14155 into clinical investigation plans to ensure scientifically robust trial applications.

Italy

Orphan Medical Device Guidance

 Italy highlighted the MDCG orphan device guidance as an important step in improving access to medical devices for patients with rare diseases while supporting compliance with MDR clinical evidence requirements.

Switzerland

Swissdamed Actors Module

Swissmedic announced that the Actors module of the Swissdamed database will become operational on August 6, 2024. Until July 26, 2024, CHRN registrations and updates will continue through PDF forms before transitioning to the new system.

United Kingdom

Software and AI as Medical Devices

Updated UK guidance reflects the growing role of software and AI in healthcare, references transparency principles for machine learning-enabled medical devices, and provides additional resources for developers.

Japan

Compassionate Clinical Trials

Japan updated information on its compassionate use framework, allowing eligible patients with serious or life-threatening conditions to access investigational medical products when no suitable alternatives or trial participation options exist.

South Korea

IVD Medical Devices Act Amendment

South Korea announced amendments to the Enforcement Rules for the In Vitro Diagnostic Medical Devices Act, expanding eligibility for clinical performance testing institutions and strengthening oversight and compliance procedures.

Srilanka

Manufacturing Site Registration

The NMRA instructed medical device marketing authorization holders to submit manufacturing site registration details through its online portal, together with supporting approval documents, by July 31, 2024.

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