80_FR_9636 80 FR 9600 - Medical Devices; Physical Medicine Devices; Classification of the Powered Exoskeleton

80 FR 9600 - Medical Devices; Physical Medicine Devices; Classification of the Powered Exoskeleton

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 80, Issue 36 (February 24, 2015)

Page Range9600-9603
FR Document2015-03692

The Food and Drug Administration (FDA) is classifying the powered exoskeleton into class II (special controls). The special controls that will apply to the device are identified in this order and will be part of the codified language for the powered exoskeleton's classification. The Agency is classifying the device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device.

Federal Register, Volume 80 Issue 36 (Tuesday, February 24, 2015)
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Rules and Regulations]
[Pages 9600-9603]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03692]


=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 890

[Docket No. FDA-2014-N-1903]


Medical Devices; Physical Medicine Devices; Classification of the 
Powered Exoskeleton

AGENCY: Food and Drug Administration, HHS.

ACTION: Final order.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA) is classifying the 
powered exoskeleton into class II (special controls). The special 
controls that will apply to the device are identified in this order and 
will be part of the codified language for the powered exoskeleton's 
classification. The Agency is classifying the device into class II 
(special controls) in order to provide a reasonable assurance of safety 
and effectiveness of the device.

DATES: This order is effective March 26, 2015. The classification was 
applicable on June 26, 2014.

FOR FURTHER INFORMATION CONTACT: Michael Hoffmann, Center for Devices 
and Radiological Health, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 1434, Silver Spring, MD 20993-0002, 301-
796-6476, Michael.Hoffmann@fda.hhs.gov.

[[Page 9601]]


SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with section 513(f)(1) of the Federal Food, Drug, and 
Cosmetic Act (the FD&C Act) (21 U.S.C. 360c(f)(1)), devices that were 
not in commercial distribution before May 28, 1976 (the date of 
enactment of the Medical Device Amendments of 1976), generally referred 
to as postamendments devices, are classified automatically by statute 
into class III without any FDA rulemaking process. These devices remain 
in class III and require premarket approval, unless and until the 
device is classified or reclassified into class I or II, or FDA issues 
an order finding the device to be substantially equivalent, in 
accordance with section 513(i) of the FD&C Act, to a predicate device 
that does not require premarket approval. The Agency determines whether 
new devices are substantially equivalent to predicate devices by means 
of premarket notification procedures in section 510(k) of the FD&C Act 
(21 U.S.C. 360(k)) and part 807 (21 CFR part 807) of the regulations.
    Section 513(f)(2) of the FD&C Act, as amended by section 607 of the 
Food and Drug Administration Safety and Innovation Act (Public Law 112-
144), provides two procedures by which a person may request FDA to 
classify a device under the criteria set forth in section 513(a)(1). 
Under the first procedure, the person submits a premarket notification 
under section 510(k) of the FD&C Act for a device that has not 
previously been classified and, within 30 days of receiving an order 
classifying the device into class III under section 513(f)(1) of the 
FD&C Act, the person requests a classification under section 513(f)(2). 
Under the second procedure, rather than first submitting a premarket 
notification under section 510(k) of the FD&C Act and then a request 
for classification under the first procedure, the person determines 
that there is no legally marketed device upon which to base a 
determination of substantial equivalence and requests a classification 
under section 513(f)(2) of the FD&C Act. If the person submits a 
request to classify the device under this second procedure, FDA may 
decline to undertake the classification request if FDA identifies a 
legally marketed device that could provide a reasonable basis for 
review of substantial equivalence with the device or if FDA determines 
that the device submitted is not of ``low-moderate risk'' or that 
general controls would be inadequate to control the risks and special 
controls to mitigate the risks cannot be developed.
    In response to a request to classify a device under either 
procedure provided by section 513(f)(2) of the FD&C Act, FDA will 
classify the device by written order within 120 days. This 
classification will be the initial classification of the device.
    On June 22, 2013, Argo Medical Technologies, Inc., submitted a 
request for classification of the ReWalk under section 513(f)(2) of the 
FD&C Act. The manufacturer recommended that the device be classified 
into class II (Ref. 1).
    In accordance with section 513(f)(2) of the FD&C Act, FDA reviewed 
the request in order to classify the device under the criteria for 
classification set forth in section 513(a)(1). FDA classifies devices 
into class II if general controls by themselves are insufficient to 
provide reasonable assurance of safety and effectiveness, but there is 
sufficient information to establish special controls to provide 
reasonable assurance of the safety and effectiveness of the device for 
its intended use. After review of the information submitted in the 
request, FDA determined that the device can be classified into class II 
with the establishment of special controls. FDA believes these special 
controls, in addition to general controls, will provide reasonable 
assurance of the safety and effectiveness of the device.
    Therefore, on June 26, 2014, FDA issued an order to the requestor 
classifying the device into class II. FDA is codifying the 
classification of the device by adding 21 CFR 890.3480.
    Following the effective date of this final classification order, 
any firm submitting a premarket notification (510(k)) for a powered 
exoskeleton will need to comply with the special controls named in this 
final order. The device is assigned the generic name powered 
exoskeleton, and it is identified as a prescription device that is 
composed of an external, powered, motorized orthosis used for medical 
purposes that is placed over a person's paralyzed or weakened limbs for 
the purpose of providing ambulation.
    FDA has identified the following risks to health associated 
specifically with this type of device, as well as the measures required 
to mitigate these risks in table 1.

       Table 1--Powered Exoskeleton Risks and Mitigation Measures
------------------------------------------------------------------------
            Identified risk                     Mitigation measure
------------------------------------------------------------------------
Instability, falls, and associated       Clinical testing.
 injuries.
                                         Training.
                                         Software verification,
                                          validation, and hazard
                                          analysis.
                                         Wireless testing.
                                         Electromagnetic compatibility
                                          (EMC) and electromagnetic
                                          interference (EMI) testing.
                                         Electrical safety testing.
                                         Design characteristics.
                                         Non-clinical performance
                                          testing.
                                         Water/particle ingress testing.
                                         Durability testing.
                                         Battery testing.
                                         Labeling.
Bruising, skin abrasion, pressure        Clinical testing.
 sores, soft tissue injury.
                                         Training.
                                         Labeling.
Diastolic hypertension and changes in    Clinical testing.
 blood pressure, and heart rate.
                                         Training.
                                         Labeling.
Adverse tissue reaction................  Biocompatibility assessment.
Premature battery failure..............  Battery testing.
                                         Labeling.
Interference with other electrical       EMC/EMI testing.
 equipment/devices.
                                         Labeling.

[[Page 9602]]

 
Burns, electrical shock................  Electrical safety testing.
                                         Thermal testing.
                                         Labeling.
Device malfunction resulting in          Clinical testing.
 unanticipated operation (e.g., device
 stoppage, unintended movement).
                                         Non-clinical performance
                                          testing.
                                         Training.
                                         Software verification,
                                          validation, and hazard
                                          analysis.
                                         Electrical safety testing.
                                         Battery testing.
                                         Water/particle ingress testing.
                                         Wireless testing.
                                         EMC/EMI testing.
                                         Flammability testing.
                                         Labeling.
Use error..............................  Clinical testing.
                                         Training.
                                         Labeling.
------------------------------------------------------------------------

    FDA believes that the following special controls, in combination 
with the general controls, address these risks to health and provide 
reasonable assurance of the safety and effectiveness:
     Elements of the device materials that may contact the 
patient must be demonstrated to be biocompatible.
     Appropriate analysis/testing must validate electronic 
compatibility/interference (EMC/EMI), electrical safety, thermal 
safety, mechanical safety, battery performance and safety, and wireless 
performance, if applicable.
     Appropriate software verification, validation, and hazard 
analysis must be performed.
     Design characteristics must ensure geometry and materials 
composition are consistent with intended use.
     Non-clinical performance testing must demonstrate that the 
device performs as intended under anticipated conditions of use. 
Performance testing must include:
    [cir] Mechanical bench testing (including durability testing) to 
demonstrate that the device will withstand forces, conditions, and 
environments encountered during use;
    [cir] simulated use testing (i.e., cyclic loading testing) to 
demonstrate performance of device commands and safeguard under worst 
case conditions and after durability testing;
    [cir] verification and validation of manual override controls are 
necessary, if present;
    [cir] the accuracy of device features and safeguards; and
    [cir] device functionality in terms of flame retardant materials, 
liquid/particle ingress prevention, sensor and actuator performance, 
and motor performance.
     Clinical testing must demonstrate safe and effective use 
and capture any adverse events observed during clinical use when used 
under the proposed conditions of use, which must include considerations 
for:
    [cir] Level of supervision necessary and
    [cir] environment of use (e.g., indoors and/or outdoors), including 
obstacles and terrain representative of the intended use environment.
     A training program must be included with sufficient 
educational elements so that upon completion of training program, the 
clinician, user, and companion can:
    [cir] Identify the safe environments for device use,
    [cir] use all safety features of device, and
    [cir] operate the device in simulated or actual use environments 
representative of indicated environments and use.
     Labeling for the Physician and User must include the 
following:
    [cir] Appropriate instructions, warning, cautions, limitations, and 
information related to the necessary safeguards of the device, 
including warning against activities and environments that may put the 
user at greater risk;
    [cir] specific instructions and the clinical training needed for 
the safe use of the device, which includes:
    [ssquf] Instructions on assembling the device in all available 
configurations;
    [ssquf] instructions on fitting the patient;
    [ssquf] instructions and explanations of all available programs and 
how to program the device;
    [ssquf] instructions and explanation of all controls, input, and 
outputs;
    [ssquf] instructions on all available modes or states of the 
device;
    [ssquf] instructions on all safety features of the device; and
    [ssquf] instructions for properly maintaining the device;
    [cir] Information on the patient population for which the device 
has been demonstrated to have a reasonable assurance of safety and 
effectiveness;
    [cir] pertinent non-clinical testing information (e.g., EMC, 
battery longevity); and
    [cir] a detailed summary of the clinical testing including:
    [ssquf] Adverse events encountered under use conditions,
    [ssquf] summary of study outcomes and endpoints, and
    [ssquf] information pertinent to use of the device including the 
conditions under which the device was studied (e.g., level of 
supervision or assistance, and environment of use (e.g., indoors and/or 
outdoors) including obstacles and terrain).
    Powered exoskeleton devices are restricted to patient use only upon 
the authorization of a practitioner licensed by law to administer or 
use the device; see section 520(e) of the FD&C Act (21 U.S.C. 360j(e)) 
and 21 CFR 801.109 (Prescription devices). Prescription-use 
restrictions are a type of general controls as defined in section 
513(a)(1)(A)(i) of the FD&C Act.
    Section 510(m) of the FD&C Act provides that FDA may exempt a class 
II device from the premarket notification requirements under section 
510(k) of the FD&C Act if FDA determines that premarket notification is 
not necessary to provide reasonable assurance of the safety and 
effectiveness of the device. For this type of device, FDA has 
determined that premarket notification is necessary to provide 
reasonable assurance of the safety and effectiveness of the device. 
Therefore, this device type is not exempt from premarket notification 
requirements. Persons who intend to market this type of device

[[Page 9603]]

must submit to FDA a premarket notification, prior to marketing the 
device, which contains information about the powered exoskeleton they 
intend to market.

II. Environmental Impact

    The Agency has determined under 21 CFR 25.34(b) 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.

III. Paperwork Reduction Act of 1995

    This final order establishes special controls that refer to 
previously approved collections of information found in other FDA 
regulations. These collections of information are subject to review by 
the Office of Management and Budget (OMB) under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 
part 807, subpart E, regarding premarket notification submissions have 
been approved under OMB control number 0910-0120, and the collections 
of information in 21 CFR part 801, regarding labeling have been 
approved under OMB control number 0910-0485.

IV. Reference

    The following reference has been placed on display in the Division 
of Dockets Management (HFA-305), Food and Drug Administration, 5630 
Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by 
interested persons between 9 a.m. and 4 p.m., Monday through Friday, 
and is available electronically at http://www.regulations.gov.

    1. K131798: De Novo Request per 513(f)(2) from Argo Medical 
Technologies, Inc., dated June 22, 2013.

List of Subjects in 21 CFR Part 890

    Medical devices, Physical medicine devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under 
authority delegated to the Commissioner of Food and Drugs, 21 CFR part 
890 is amended as follows:

PART 890--PHYSICAL MEDICINE DEVICES

0
1. The authority citation for 21 CFR part 890 continues to read as 
follows:

    Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 371.


0
2. Add Sec.  890.3480 to subpart D to read as follows:


Sec.  890.3480  Powered exoskeleton.

    (a) Identification. A powered exoskeleton is a prescription device 
that is composed of an external, powered, motorized orthosis used for 
medical purposes that is placed over a person's paralyzed or weakened 
limbs for the purpose of providing ambulation.
    (b) Classification. Class II (special controls). The special 
controls for this device are:
    (1) Elements of the device materials that may contact the patient 
must be demonstrated to be biocompatible.
    (2) Appropriate analysis/testing must validate electromagnetic 
compatibility/interference (EMC/EMI), electrical safety, thermal 
safety, mechanical safety, battery performance and safety, and wireless 
performance, if applicable.
    (3) Appropriate software verification, validation, and hazard 
analysis must be performed.
    (4) Design characteristics must ensure geometry and materials 
composition are consistent with intended use.
    (5) Non-clinical performance testing must demonstrate that the 
device performs as intended under anticipated conditions of use. 
Performance testing must include:
    (i) Mechanical bench testing (including durability testing) to 
demonstrate that the device will withstand forces, conditions, and 
environments encountered during use;
    (ii) Simulated use testing (i.e., cyclic loading testing) to 
demonstrate performance of device commands and safeguard under worst 
case conditions and after durability testing;
    (iii) Verification and validation of manual override controls are 
necessary, if present;
    (iv) The accuracy of device features and safeguards; and
    (v) Device functionality in terms of flame retardant materials, 
liquid/particle ingress prevention, sensor and actuator performance, 
and motor performance.
    (6) Clinical testing must demonstrate safe and effective use and 
capture any adverse events observed during clinical use when used under 
the proposed conditions of use, which must include considerations for:
    (i) Level of supervision necessary, and
    (ii) Environment of use (e.g., indoors and/or outdoors) including 
obstacles and terrain representative of the intended use environment.
    (7) A training program must be included with sufficient educational 
elements so that upon completion of training program, the clinician, 
user, and companion can:
    (i) Identify the safe environments for device use,
    (ii) Use all safety features of device, and
    (iii) Operate the device in simulated or actual use environments 
representative of indicated environments and use.
    (8) Labeling for the Physician and User must include the following:
    (i) Appropriate instructions, warning, cautions, limitations, and 
information related to the necessary safeguards of the device, 
including warning against activities and environments that may put the 
user at greater risk.
    (ii) Specific instructions and the clinical training needed for the 
safe use of the device, which includes:
    (A) Instructions on assembling the device in all available 
configurations;
    (B) Instructions on fitting the patient;
    (C) Instructions and explanations of all available programs and how 
to program the device;
    (D) Instructions and explanation of all controls, input, and 
outputs;
    (E) Instructions on all available modes or states of the device;
    (F) Instructions on all safety features of the device; and
    (G) Instructions for properly maintaining the device.
    (iii) Information on the patient population for which the device 
has been demonstrated to have a reasonable assurance of safety and 
effectiveness.
    (iv) Pertinent non-clinical testing information (e.g., EMC, battery 
longevity).
    (v) A detailed summary of the clinical testing including:
    (A) Adverse events encountered under use conditions,
    (B) Summary of study outcomes and endpoints, and
    (C) Information pertinent to use of the device including the 
conditions under which the device was studied (e.g., level of 
supervision or assistance, and environment of use (e.g., indoors and/or 
outdoors) including obstacles and terrain).

    Dated: February 18, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-03692 Filed 2-23-15; 8:45 am]
BILLING CODE 4164-01-P



                                            9600              Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations

                                            information collection, communication                   Commission estimates that                               30. User assistance is available for
                                            and management within the energy                        approximately five percent, or twelve of              eLibrary and the Commission’s Web site
                                            industry. The Commission has assured                    these small entities expect to be affected            during normal business hours from the
                                            itself, by means of internal review, that               by the new requirements of the                        Commission’s Online Support at 202–
                                            there is specific, objective support for                proposed Reliability Standard. The                    502–6652 (toll free at 1–866–208–3676)
                                            the burden estimates associated with the                Commission estimates that the small                   or email at ferconlinesupport@ferc.gov,
                                            information requirements.                               entities that will be affected by                     or the Public Reference Room at (202)
                                               Interested persons may obtain                        Reliability Standard MOD–031–1 will                   502–8371, TTY (202) 502–8659. Email
                                            information on the reporting                            incur one-time compliance costs ranging               the Public Reference Room at
                                            requirements by contacting: Federal                     up to $14,309 (i.e. the cost of                       public.referenceroom@ferc.gov.
                                            Energy Regulatory Commission, 888                       determining the method of weather
                                            First Street NE., Washington, DC 20426                  normalizing annual peak hour actual                   VIII. Effective Date and Congressional
                                            [Attention: Ellen Brown, Office of the                  demand), plus the annual development                  Notification
                                            Executive Director, email:                              of summary narratives in accordance                     31. These regulations are effective
                                            DataClearance@ferc.gov, Phone: (202)                    with Requirement R1, Subparts 1.5.4                   April 27, 2015. The Commission has
                                            502–8663, fax: (202) 273–0873].                         and 1.5.5, resulting in costs of $477.                determined, with the concurrence of the
                                            Comments on the requirements of this                      26. Accordingly, the Commission                     Administrator of the Office of
                                            rule may also be sent to the Office of                  certifies that the Reliability Standard               Information and Regulatory Affairs of
                                            Information and Regulatory Affairs,                     will not have a significant economic                  OMB, that this rule is not ‘‘major rule’’
                                            Office of Management and Budget,                        impact on a substantial number of small               as defined in section 351 of the Small
                                            Washington, DC 20503 [Attention: Desk                   entities.                                             Business Regulatory Enforcement
                                            Officer for the Federal Energy                                                                                Fairness Act of 1996.
                                                                                                    VI. Environmental Analysis
                                            Regulatory Commission]. For security                                                                            By the Commission.
                                            reasons, comments should be sent by                        27. The Commission is required to
                                                                                                    prepare an Environmental Assessment                     Issued: February 19, 2015.
                                            email to OMB at oira_submission@
                                                                                                    or an Environmental Impact Statement                  Nathaniel J. Davis, Sr.,
                                            omb.eop.gov. Comments submitted to
                                            OMB should refer to FERC–725L and                       for any action that may have a                        Deputy Secretary.
                                            OMB Control No. 1902–0261.                              significant adverse effect on the human               [FR Doc. 2015–03740 Filed 2–23–15; 8:45 am]
                                                                                                    environment.25 The Commission has                     BILLING CODE 6717–01–P
                                            V. Regulatory Flexibility Act                           categorically excluded certain actions
                                            Certification                                           from this requirement as not having a
                                               24. The Regulatory Flexibility Act of                significant effect on the human                       DEPARTMENT OF HEALTH AND
                                            1980 (RFA) 21 generally requires a                      environment. Included in the exclusion                HUMAN SERVICES
                                            description and analysis of final rules                 are rules that are clarifying, corrective,
                                            that will have significant economic                     or procedural or that do not                          Food and Drug Administration
                                            impact on a substantial number of small                 substantially change the effect of the
                                            entities.                                               regulations being amended.26 The                      21 CFR Part 890
                                               25. The Small Business                               actions proposed herein fall within this
                                                                                                                                                          [Docket No. FDA–2014–N–1903]
                                            Administration (SBA) revised its size                   categorical exclusion in the
                                            standard (effective January 22, 2014) for               Commission’s regulations.                             Medical Devices; Physical Medicine
                                            electric utilities from a standard based                                                                      Devices; Classification of the Powered
                                            on megawatt hours to a standard based                   VII. Document Availability
                                                                                                                                                          Exoskeleton
                                            on the number of employees, including                     28. In addition to publishing the full
                                            affiliates.22 Under SBA’s new size                      text of this document in the Federal                  AGENCY:    Food and Drug Administration,
                                            standards, transmission owners and                      Register, the Commission provides all                 HHS.
                                            transmission operators likely come                      interested persons an opportunity to                  ACTION:   Final order.
                                            under the following category and                        view and/or print the contents of this
                                            associated size threshold: Electric bulk                document via the Internet through the                 SUMMARY:    The Food and Drug
                                            power transmission and control, at 500                  Commission’s Home Page (http://                       Administration (FDA) is classifying the
                                            employees.23 The Reliability Standard                   www.ferc.gov) and in the Commission’s                 powered exoskeleton into class II
                                            applies to 561 entities. Comparison of                  Public Reference Room during normal                   (special controls). The special controls
                                            the applicable entities with the                        business hours (8:30 a.m. to 5:00 p.m.                that will apply to the device are
                                            Commission’s small business data                        Eastern time) at 888 First Street NE.,                identified in this order and will be part
                                            indicates that approximately 249 are                    Room 2A, Washington, DC 20426.                        of the codified language for the powered
                                            small entities.24 Of these, the                           29. From the Commission’s Home                      exoskeleton’s classification. The Agency
                                                                                                    Page on the Internet, this information is             is classifying the device into class II
                                              21 5 U.S.C. 601–612.                                  available on eLibrary. The full text of               (special controls) in order to provide a
                                              22 SBA  Final Rule on ‘‘Small Business Size           this document is available on eLibrary                reasonable assurance of safety and
                                            Standards: Utilities,’’ 78 FR 77,343 (Dec. 23, 2013).   in PDF and Microsoft Word format for                  effectiveness of the device.
                                               23 13 CFR 121.201, Sector 22, Utilities.
                                               24 The Small Business Administration sets the
                                                                                                    viewing, printing, and/or downloading.                DATES: This order is effective March 26,
                                            threshold for what constitutes a small business.        To access this document in eLibrary,                  2015. The classification was applicable
                                            Public utilities may fall under one of several          type the docket number excluding the                  on June 26, 2014.
                                            different categories, each with a size threshold        last three digits of this document in the             FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with RULES




                                            based on the company’s number of employees,             docket number field.
                                            including affiliates, the parent company, and                                                                 Michael Hoffmann, Center for Devices
                                            subsidiaries. The possible categories for the                                                                 and Radiological Health, Food and Drug
                                                                                                      25 Regulations Implementing the National
                                            applicable entities have a size threshold ranging                                                             Administration, 10903 New Hampshire
                                            from 250 employees to 1,000 employees. For the          Environmental Policy Act of 1969, Order No. 486,
                                            analysis in this proposed rule, we are using the        52 FR 47897 (Dec. 17, 1987), FERC Stats. & Regs.,     Ave., Bldg. 66, Rm. 1434, Silver Spring,
                                            1,000 employee threshold for each applicable entity     Regulations Preambles 1986–1990 ¶ 30,783 (1987).      MD 20993–0002, 301–796–6476,
                                            type.                                                     26 18 CFR 380.4(a)(2)(ii).                          Michael.Hoffmann@fda.hhs.gov.


                                       VerDate Sep<11>2014   16:15 Feb 23, 2015   Jkt 235001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\24FER1.SGM   24FER1


                                                                  Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations                                                       9601

                                            SUPPLEMENTARY INFORMATION:                                          under section 513(f)(1) of the FD&C Act,                    forth in section 513(a)(1). FDA classifies
                                                                                                                the person requests a classification                        devices into class II if general controls
                                            I. Background
                                                                                                                under section 513(f)(2). Under the                          by themselves are insufficient to
                                               In accordance with section 513(f)(1) of                          second procedure, rather than first                         provide reasonable assurance of safety
                                            the Federal Food, Drug, and Cosmetic                                submitting a premarket notification                         and effectiveness, but there is sufficient
                                            Act (the FD&C Act) (21 U.S.C.                                       under section 510(k) of the FD&C Act                        information to establish special controls
                                            360c(f)(1)), devices that were not in                               and then a request for classification                       to provide reasonable assurance of the
                                            commercial distribution before May 28,                              under the first procedure, the person                       safety and effectiveness of the device for
                                            1976 (the date of enactment of the                                  determines that there is no legally                         its intended use. After review of the
                                            Medical Device Amendments of 1976),                                 marketed device upon which to base a                        information submitted in the request,
                                            generally referred to as postamendments                             determination of substantial                                FDA determined that the device can be
                                            devices, are classified automatically by                            equivalence and requests a classification                   classified into class II with the
                                            statute into class III without any FDA                              under section 513(f)(2) of the FD&C Act.                    establishment of special controls. FDA
                                            rulemaking process. These devices                                   If the person submits a request to                          believes these special controls, in
                                            remain in class III and require                                     classify the device under this second
                                            premarket approval, unless and until                                                                                            addition to general controls, will
                                                                                                                procedure, FDA may decline to                               provide reasonable assurance of the
                                            the device is classified or reclassified                            undertake the classification request if
                                            into class I or II, or FDA issues an order                                                                                      safety and effectiveness of the device.
                                                                                                                FDA identifies a legally marketed device
                                            finding the device to be substantially                              that could provide a reasonable basis for                      Therefore, on June 26, 2014, FDA
                                            equivalent, in accordance with section                              review of substantial equivalence with                      issued an order to the requestor
                                            513(i) of the FD&C Act, to a predicate                              the device or if FDA determines that the                    classifying the device into class II. FDA
                                            device that does not require premarket                              device submitted is not of ‘‘low-                           is codifying the classification of the
                                            approval. The Agency determines                                     moderate risk’’ or that general controls                    device by adding 21 CFR 890.3480.
                                            whether new devices are substantially                               would be inadequate to control the risks                       Following the effective date of this
                                            equivalent to predicate devices by                                  and special controls to mitigate the risks                  final classification order, any firm
                                            means of premarket notification                                     cannot be developed.                                        submitting a premarket notification
                                            procedures in section 510(k) of the                                    In response to a request to classify a                   (510(k)) for a powered exoskeleton will
                                            FD&C Act (21 U.S.C. 360(k)) and part                                device under either procedure provided                      need to comply with the special
                                            807 (21 CFR part 807) of the regulations.                           by section 513(f)(2) of the FD&C Act,                       controls named in this final order. The
                                               Section 513(f)(2) of the FD&C Act, as                            FDA will classify the device by written                     device is assigned the generic name
                                            amended by section 607 of the Food and                              order within 120 days. This
                                            Drug Administration Safety and                                                                                                  powered exoskeleton, and it is
                                                                                                                classification will be the initial                          identified as a prescription device that
                                            Innovation Act (Public Law 112–144),                                classification of the device.
                                            provides two procedures by which a                                                                                              is composed of an external, powered,
                                                                                                                   On June 22, 2013, Argo Medical
                                            person may request FDA to classify a                                                                                            motorized orthosis used for medical
                                                                                                                Technologies, Inc., submitted a request
                                            device under the criteria set forth in                                                                                          purposes that is placed over a person’s
                                                                                                                for classification of the ReWalk under
                                            section 513(a)(1). Under the first                                                                                              paralyzed or weakened limbs for the
                                                                                                                section 513(f)(2) of the FD&C Act. The
                                            procedure, the person submits a                                     manufacturer recommended that the                           purpose of providing ambulation.
                                            premarket notification under section                                device be classified into class II (Ref. 1).                   FDA has identified the following risks
                                            510(k) of the FD&C Act for a device that                               In accordance with section 513(f)(2) of                  to health associated specifically with
                                            has not previously been classified and,                             the FD&C Act, FDA reviewed the                              this type of device, as well as the
                                            within 30 days of receiving an order                                request in order to classify the device                     measures required to mitigate these
                                            classifying the device into class III                               under the criteria for classification set                   risks in table 1.

                                                                                      TABLE 1—POWERED EXOSKELETON RISKS AND MITIGATION MEASURES
                                                                                    Identified risk                                                                           Mitigation measure

                                            Instability, falls, and associated injuries ...................................................        Clinical testing.
                                                                                                                                                   Training.
                                                                                                                                                   Software verification, validation, and hazard analysis.
                                                                                                                                                   Wireless testing.
                                                                                                                                                   Electromagnetic compatibility (EMC) and electromagnetic interference
                                                                                                                                                     (EMI) testing.
                                                                                                                                                   Electrical safety testing.
                                                                                                                                                   Design characteristics.
                                                                                                                                                   Non-clinical performance testing.
                                                                                                                                                   Water/particle ingress testing.
                                                                                                                                                   Durability testing.
                                                                                                                                                   Battery testing.
                                                                                                                                                   Labeling.
                                            Bruising, skin abrasion, pressure sores, soft tissue injury .......................                    Clinical testing.
                                                                                                                                                   Training.
                                                                                                                                                   Labeling.
                                            Diastolic hypertension and changes in blood pressure, and heart rate ..                                Clinical testing.
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                                                                                                                                                   Training.
                                                                                                                                                   Labeling.
                                            Adverse tissue reaction ............................................................................   Biocompatibility assessment.
                                            Premature battery failure ..........................................................................   Battery testing.
                                                                                                                                                   Labeling.
                                            Interference with other electrical equipment/devices ...............................                   EMC/EMI testing.
                                                                                                                                                   Labeling.



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                                            9602                    Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations

                                                                              TABLE 1—POWERED EXOSKELETON RISKS AND MITIGATION MEASURES—Continued
                                                                                        Identified risk                                                                                   Mitigation measure

                                            Burns, electrical shock .............................................................................           Electrical safety testing.
                                                                                                                                                            Thermal testing.
                                                                                                                                                            Labeling.
                                            Device malfunction resulting in unanticipated operation (e.g., device                                           Clinical testing.
                                              stoppage, unintended movement).
                                                                                                                                                            Non-clinical performance testing.
                                                                                                                                                            Training.
                                                                                                                                                            Software verification, validation, and hazard analysis.
                                                                                                                                                            Electrical safety testing.
                                                                                                                                                            Battery testing.
                                                                                                                                                            Water/particle ingress testing.
                                                                                                                                                            Wireless testing.
                                                                                                                                                            EMC/EMI testing.
                                                                                                                                                            Flammability testing.
                                                                                                                                                            Labeling.
                                            Use error ...................................................................................................   Clinical testing.
                                                                                                                                                            Training.
                                                                                                                                                            Labeling.



                                               FDA believes that the following                                           • Clinical testing must demonstrate                                Æ Information on the patient
                                            special controls, in combination with                                     safe and effective use and capture any                             population for which the device has
                                            the general controls, address these risks                                 adverse events observed during clinical                            been demonstrated to have a reasonable
                                            to health and provide reasonable                                          use when used under the proposed                                   assurance of safety and effectiveness;
                                            assurance of the safety and                                               conditions of use, which must include                                 Æ pertinent non-clinical testing
                                            effectiveness:                                                            considerations for:                                                information (e.g., EMC, battery
                                               • Elements of the device materials                                        Æ Level of supervision necessary and                            longevity); and
                                            that may contact the patient must be                                         Æ environment of use (e.g., indoors                                Æ a detailed summary of the clinical
                                            demonstrated to be biocompatible.                                         and/or outdoors), including obstacles                              testing including:
                                               • Appropriate analysis/testing must                                    and terrain representative of the                                     D Adverse events encountered under
                                            validate electronic compatibility/                                        intended use environment.                                          use conditions,
                                            interference (EMC/EMI), electrical                                           • A training program must be                                       D summary of study outcomes and
                                            safety, thermal safety, mechanical                                        included with sufficient educational                               endpoints, and
                                            safety, battery performance and safety,                                   elements so that upon completion of                                   D information pertinent to use of the
                                            and wireless performance, if applicable.                                  training program, the clinician, user,                             device including the conditions under
                                               • Appropriate software verification,                                   and companion can:                                                 which the device was studied (e.g., level
                                            validation, and hazard analysis must be                                      Æ Identify the safe environments for                            of supervision or assistance, and
                                            performed.                                                                device use,                                                        environment of use (e.g., indoors and/or
                                               • Design characteristics must ensure                                      Æ use all safety features of device, and                        outdoors) including obstacles and
                                            geometry and materials composition are                                       Æ operate the device in simulated or                            terrain).
                                            consistent with intended use.                                             actual use environments representative                                Powered exoskeleton devices are
                                               • Non-clinical performance testing                                     of indicated environments and use.                                 restricted to patient use only upon the
                                            must demonstrate that the device                                             • Labeling for the Physician and User                           authorization of a practitioner licensed
                                            performs as intended under anticipated                                    must include the following:                                        by law to administer or use the device;
                                                                                                                         Æ Appropriate instructions, warning,                            see section 520(e) of the FD&C Act (21
                                            conditions of use. Performance testing
                                                                                                                      cautions, limitations, and information                             U.S.C. 360j(e)) and 21 CFR 801.109
                                            must include:
                                                                                                                      related to the necessary safeguards of                             (Prescription devices). Prescription-use
                                               Æ Mechanical bench testing
                                                                                                                      the device, including warning against                              restrictions are a type of general controls
                                            (including durability testing) to
                                                                                                                      activities and environments that may                               as defined in section 513(a)(1)(A)(i) of
                                            demonstrate that the device will
                                                                                                                      put the user at greater risk;                                      the FD&C Act.
                                            withstand forces, conditions, and                                            Æ specific instructions and the
                                            environments encountered during use;                                                                                                            Section 510(m) of the FD&C Act
                                                                                                                      clinical training needed for the safe use
                                               Æ simulated use testing (i.e., cyclic                                                                                                     provides that FDA may exempt a class
                                                                                                                      of the device, which includes:
                                            loading testing) to demonstrate                                              D Instructions on assembling the                                II device from the premarket notification
                                            performance of device commands and                                        device in all available configurations;                            requirements under section 510(k) of the
                                            safeguard under worst case conditions                                        D instructions on fitting the patient;                          FD&C Act if FDA determines that
                                            and after durability testing;                                                D instructions and explanations of all                          premarket notification is not necessary
                                               Æ verification and validation of                                       available programs and how to program                              to provide reasonable assurance of the
                                            manual override controls are necessary,                                   the device;                                                        safety and effectiveness of the device.
                                            if present;                                                                  D instructions and explanation of all                           For this type of device, FDA has
                                               Æ the accuracy of device features and                                  controls, input, and outputs;                                      determined that premarket notification
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                                            safeguards; and                                                              D instructions on all available modes                           is necessary to provide reasonable
                                               Æ device functionality in terms of                                     or states of the device;                                           assurance of the safety and effectiveness
                                            flame retardant materials, liquid/                                           D instructions on all safety features of                        of the device. Therefore, this device
                                            particle ingress prevention, sensor and                                   the device; and                                                    type is not exempt from premarket
                                            actuator performance, and motor                                              D instructions for properly                                     notification requirements. Persons who
                                            performance.                                                              maintaining the device;                                            intend to market this type of device


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                                                             Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations                                               9603

                                            must submit to FDA a premarket                          § 890.3480    Powered exoskeleton.                       (ii) Use all safety features of device,
                                            notification, prior to marketing the                       (a) Identification. A powered                      and
                                            device, which contains information                      exoskeleton is a prescription device that                (iii) Operate the device in simulated
                                            about the powered exoskeleton they                      is composed of an external, powered,                  or actual use environments
                                            intend to market.                                       motorized orthosis used for medical                   representative of indicated
                                                                                                    purposes that is placed over a person’s               environments and use.
                                            II. Environmental Impact
                                                                                                    paralyzed or weakened limbs for the
                                               The Agency has determined under 21                   purpose of providing ambulation.                         (8) Labeling for the Physician and
                                            CFR 25.34(b) that this action is of a type                 (b) Classification. Class II (special              User must include the following:
                                            that does not individually or                           controls). The special controls for this                 (i) Appropriate instructions, warning,
                                            cumulatively have a significant effect on               device are:                                           cautions, limitations, and information
                                            the human environment. Therefore,                          (1) Elements of the device materials               related to the necessary safeguards of
                                            neither an environmental assessment                     that may contact the patient must be                  the device, including warning against
                                            nor an environmental impact statement                   demonstrated to be biocompatible.                     activities and environments that may
                                            is required.                                               (2) Appropriate analysis/testing must
                                                                                                                                                          put the user at greater risk.
                                                                                                    validate electromagnetic compatibility/
                                            III. Paperwork Reduction Act of 1995                    interference (EMC/EMI), electrical                       (ii) Specific instructions and the
                                              This final order establishes special                  safety, thermal safety, mechanical                    clinical training needed for the safe use
                                            controls that refer to previously                       safety, battery performance and safety,               of the device, which includes:
                                            approved collections of information                     and wireless performance, if applicable.                 (A) Instructions on assembling the
                                            found in other FDA regulations. These                      (3) Appropriate software verification,             device in all available configurations;
                                            collections of information are subject to               validation, and hazard analysis must be
                                                                                                    performed.                                               (B) Instructions on fitting the patient;
                                            review by the Office of Management and
                                            Budget (OMB) under the Paperwork                           (4) Design characteristics must ensure                (C) Instructions and explanations of
                                            Reduction Act of 1995 (44 U.S.C. 3501–                  geometry and materials composition are                all available programs and how to
                                            3520). The collections of information in                consistent with intended use.                         program the device;
                                            part 807, subpart E, regarding premarket                   (5) Non-clinical performance testing
                                                                                                                                                             (D) Instructions and explanation of all
                                            notification submissions have been                      must demonstrate that the device
                                                                                                                                                          controls, input, and outputs;
                                            approved under OMB control number                       performs as intended under anticipated
                                                                                                    conditions of use. Performance testing                   (E) Instructions on all available modes
                                            0910–0120, and the collections of
                                                                                                    must include:                                         or states of the device;
                                            information in 21 CFR part 801,
                                            regarding labeling have been approved                      (i) Mechanical bench testing                          (F) Instructions on all safety features
                                            under OMB control number 0910–0485.                     (including durability testing) to                     of the device; and
                                                                                                    demonstrate that the device will
                                            IV. Reference                                           withstand forces, conditions, and                        (G) Instructions for properly
                                                                                                    environments encountered during use;                  maintaining the device.
                                              The following reference has been
                                                                                                       (ii) Simulated use testing (i.e., cyclic              (iii) Information on the patient
                                            placed on display in the Division of
                                                                                                    loading testing) to demonstrate                       population for which the device has
                                            Dockets Management (HFA–305), Food
                                                                                                    performance of device commands and                    been demonstrated to have a reasonable
                                            and Drug Administration, 5630 Fishers
                                                                                                    safeguard under worst case conditions                 assurance of safety and effectiveness.
                                            Lane, Rm. 1061, Rockville, MD 20852,
                                                                                                    and after durability testing;
                                            and may be seen by interested persons                                                                            (iv) Pertinent non-clinical testing
                                                                                                       (iii) Verification and validation of
                                            between 9 a.m. and 4 p.m., Monday                                                                             information (e.g., EMC, battery
                                                                                                    manual override controls are necessary,
                                            through Friday, and is available                                                                              longevity).
                                                                                                    if present;
                                            electronically at http://                                  (iv) The accuracy of device features                  (v) A detailed summary of the clinical
                                            www.regulations.gov.                                    and safeguards; and                                   testing including:
                                               1. K131798: De Novo Request per 513(f)(2)               (v) Device functionality in terms of                  (A) Adverse events encountered
                                            from Argo Medical Technologies, Inc., dated             flame retardant materials, liquid/
                                            June 22, 2013.                                                                                                under use conditions,
                                                                                                    particle ingress prevention, sensor and
                                                                                                    actuator performance, and motor                          (B) Summary of study outcomes and
                                            List of Subjects in 21 CFR Part 890                                                                           endpoints, and
                                                                                                    performance.
                                              Medical devices, Physical medicine                       (6) Clinical testing must demonstrate                 (C) Information pertinent to use of the
                                            devices.                                                safe and effective use and capture any                device including the conditions under
                                              Therefore, under the Federal Food,                    adverse events observed during clinical               which the device was studied (e.g., level
                                            Drug, and Cosmetic Act and under                        use when used under the proposed                      of supervision or assistance, and
                                            authority delegated to the Commissioner                 conditions of use, which must include                 environment of use (e.g., indoors and/or
                                            of Food and Drugs, 21 CFR part 890 is                   considerations for:                                   outdoors) including obstacles and
                                            amended as follows:                                        (i) Level of supervision necessary, and            terrain).
                                                                                                       (ii) Environment of use (e.g., indoors
                                                                                                    and/or outdoors) including obstacles                    Dated: February 18, 2015.
                                            PART 890—PHYSICAL MEDICINE
                                            DEVICES                                                 and terrain representative of the                     Leslie Kux,
                                                                                                    intended use environment.                             Associate Commissioner for Policy.
                                            ■ 1. The authority citation for 21 CFR                     (7) A training program must be
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                                                                                                                                                          [FR Doc. 2015–03692 Filed 2–23–15; 8:45 am]
                                            part 890 continues to read as follows:                  included with sufficient educational
                                                                                                                                                          BILLING CODE 4164–01–P
                                                                                                    elements so that upon completion of
                                              Authority: 21 U.S.C. 351, 360, 360c, 360e,
                                            360j, 371.
                                                                                                    training program, the clinician, user,
                                                                                                    and companion can:
                                            ■ 2. Add § 890.3480 to subpart D to read                   (i) Identify the safe environments for
                                            as follows:                                             device use,


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Document Created: 2015-12-18 13:22:25
Document Modified: 2015-12-18 13:22:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal order.
DatesThis order is effective March 26, 2015. The classification was applicable on June 26, 2014.
ContactMichael Hoffmann, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1434, Silver Spring, MD 20993-0002, 301- 796-6476, [email protected]
FR Citation80 FR 9600 
CFR AssociatedMedical Devices and Physical Medicine Devices

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