82_FR_26917 82 FR 26807 - Medical Devices; Validated Instructions for Use and Validation Data Requirements for Certain Reusable Medical Devices in Premarket Notifications

82 FR 26807 - Medical Devices; Validated Instructions for Use and Validation Data Requirements for Certain Reusable Medical Devices in Premarket Notifications

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26807-26810
FR Document2017-12007

The Food and Drug Administration (FDA or Agency) has determined that it is necessary for manufacturers of certain reusable medical devices to include in their premarket notifications (510(k)s) instructions for use which have been validated and validation data regarding cleaning, disinfection, and sterilization, for which a substantial equivalence determination may be based. This notice includes a list of these reusable devices that will require validated instructions for use and validation data in their premarket notification. FDA is publishing this list in accordance with the requirements established by the 21st Century Cures Act. This action ensures that the premarket requirements for these device types are clear and predictable which facilitates more efficient review of these 510(k)s.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Notices]
[Pages 26807-26810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12007]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-2901]


Medical Devices; Validated Instructions for Use and Validation 
Data Requirements for Certain Reusable Medical Devices in Premarket 
Notifications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) has 
determined that it is necessary for manufacturers of certain reusable 
medical devices to include in their premarket notifications (510(k)s) 
instructions for use which have been validated and validation data 
regarding cleaning, disinfection, and sterilization, for which a 
substantial equivalence determination may be based. This notice 
includes a list of these reusable devices that will require validated 
instructions for use and validation data in their premarket 
notification. FDA is publishing this list in accordance with the 
requirements established by the 21st Century Cures Act. This action 
ensures that the premarket requirements for these device types are 
clear and predictable which facilitates more efficient review of these 
510(k)s.

DATES: These actions are effective on August 8, 2017.

FOR FURTHER INFORMATION CONTACT: Constance Soves, Food and Drug 
Administration, Center for Devices and Radiological Health, 10903 New 
Hampshire Ave., Bldg. 66, Rm. 1437, Silver Spring, MD 20993-0002, 301-
796-6951.

SUPPLEMENTARY INFORMATION:

I. Background

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 
301 et seq.), as amended, established a comprehensive system for the 
regulation of medical devices intended for human use. Section 513 of 
the FD&C Act (21 U.S.C. 360c) establishes three categories (classes) of 
devices, based on the regulatory controls needed to provide reasonable 
assurance of their safety and effectiveness. The three categories of 
devices are class I (general controls), class II (special controls), 
and class III (premarket approval).
    Devices introduced into interstate commerce for the first time on 
or after May 28, 1976 (generally referred to as post-amendments 
devices), are classified automatically by statute (section 513(f) of 
the FD&C Act) into class III without any FDA rulemaking process. These 
devices remain in class III and require premarket approval, unless FDA 
initiates one of the following procedures: (1) FDA reclassifies the 
device into class I or II; (2) FDA issues an order classifying the 
device into class I or II in accordance with section 513(f)(2) of the 
FD&C Act; or (3) FDA issues an order finding the device to be 
substantially equivalent, under section 513(i), to a predicate device 
that is already legally marketed. The Agency determines whether new 
devices are substantially equivalent to predicate devices through 
review of premarket notifications under section 510(k) of the FD&C Act 
(21 U.S.C. 360(k)). Section 510(k) of the FD&C Act and its implementing 
regulations, codified in Title 21 of the Code of Federal Regulations 
(21 CFR part 807, subpart E), require persons who intend to market a 
new device that does not require a premarket approval application under 
section 515 of the FD&C Act (21 U.S.C. 360e) to submit a premarket 
notification report (510(k)) containing information that allows FDA to 
determine whether the new device is ``substantially equivalent'' within 
the meaning of section 513(i) of the FD&C Act to a legally marketed 
device that does not require premarket approval.
    On December 13, 2016, the President signed into law the 21st 
Century Cures Act (Pub. L. 114-255) (Ref. 1). Section 3059 of the 21st 
Century Cures Act, in part, amends section 510 of the FD&C Act to 
require FDA to publish in the Federal Register a notice identifying a 
list of reusable device types that must include validated instructions 
for use and validation data regarding cleaning, disinfection, and 
sterilization in their 510(k) submissions. This section also

[[Page 26808]]

provides that a 510(k) submission for a reusable device may not be 
substantially equivalent to a predicate device if the validated 
instructions for use and reprocessing validation data submitted as part 
of the 510(k) are inadequate.
    Manufacturers of reusable medical devices are responsible for 
having labeling that bears adequate directions for use, including 
instructions on preparing a device for use under 21 CFR 801.5 and 
801.109. However, in recent years, there have been significant changes 
in knowledge and technology involved in reprocessing reusable medical 
devices. Additionally, there has been an evolution towards more complex 
reusable medical device designs that are more difficult to clean, 
disinfect, and sterilize. FDA believes reusable devices must be 
designed for adequate reprocessing and safe reuse, with comprehensive 
and clear instructions for effective reprocessing procedures for use by 
health care facilities that reprocess these devices.

II. Requirements for Validated Reprocessing Instructions and 
Reprocessing Validation Data for Reusable Medical Devices

    A reusable medical device is one intended for repeated use either 
on the same or different patients, with appropriate cleaning and other 
reprocessing steps between uses. FDA has issued recommendations for 
reprocessing reusable devices in relevant documents, including the FDA 
guidance ``Reprocessing Medical Devices in Health Care Settings: 
Validation Methods and Labeling,'' as information on the reprocessing 
validation methods necessary to be reported in a 510(k) submission 
(Ref. 2). FDA expects specific required validation data regarding 
cleaning, disinfection, and sterilization to be included in 510(k) 
submissions for certain reusable medical device types as outlined in 
tables 1 and 2 below.
    FDA believes that a majority of manufacturers for the reusable 
devices listed below are already conducting validation of their 
reprocessing instructions because FDA already has provided 
recommendations for reprocessing validation in relevant FDA documents. 
Sponsors of new 510(k) notifications for reusable devices identified in 
the tables below must also include validation data regarding cleaning, 
disinfection, and sterilization, in addition to all the other required 
elements of a 510(k) identified in 21 CFR 807.87, starting on August 8, 
2017.

III. List of Certain Reusable Medical Devices and Design Features

    The 21st Century Cures Act (section 3059) requires the Agency to 
identify and publish a list of reusable device types that are required 
to include ``instructions for use'' and ``validation data'' regarding 
cleaning, disinfection, and sterilization in 510(k) notifications. 
Accordingly, FDA is publishing the list in table 1 that identifies 
those reusable medical devices that FDA has determined pose a greater 
likelihood of microbial transmission and represent a high risk of 
infection (subclinical or clinical) if they are not adequately 
reprocessed.
    FDA believes arthroscopes, laparoscopic instruments, and 
electrosurgical instruments, and their respective accessories with 
specific design features, identified in table 2, may pose a challenge 
to adequate reprocessing. 510(k) notifications for such devices that 
incorporate any of the design features listed in table 2 must include 
validated reprocessing instructions and reprocessing validation data 
reports, and if such are determined to be inadequate, FDA will find the 
device not substantially equivalent.

  Table 1--Reusable Devices That Require Validation Data and Validated Reprocessing Instructions Be Included in
                  510(k) Notification and Upon Which FDA Will Determine Substantial Equivalence
----------------------------------------------------------------------------------------------------------------
             Device type                 Product code           Device name               21 CFR section
----------------------------------------------------------------------------------------------------------------
Bronchoscopes (flexible or rigid)     EOQ                 Bronchoscope (flexible  21 CFR 874.4680
 and accessories.                     PSV                  or rigid).             21 CFR 892.1550
                                                          Ultrasound
                                                           bronchoscope.
                                      KTI                 Bronchoscope accessory  21 CFR 874.4680
                                      BTG                 Brush, biopsy,          21 CFR 874.4680
                                                           bronchoscope (non-
                                                           rigid).
                                      JEI                 Claw, foreign body,     21 CFR 874.4680
                                                           bronchoscope (non-
                                                           rigid).
                                      JEL                 Curette, biopsy,        21 CFR 874.4680
                                                           bronchoscope (rigid).
                                      BST                 Curette, biopsy,        21 CFR 874.4680
                                                           bronchoscope (non-
                                                           rigid).
                                      BWH                 Forceps, biopsy,        21 CFR 874.4680
                                                           bronchoscope (non-
                                                           rigid).
                                      JEK                 Forceps, biopsy,        21 CFR 874.4680
                                                           bronchoscope (rigid).
                                      ENZ                 Telescope, laryngeal-   21 CFR 874.4680
                                                           bronchial.
                                      KTR                 Tube, aspirating,       21 CFR 874.4680
                                                           bronchoscope (rigid).
                                      JEJ                 Tubing,                 21 CFR 874.4680
                                                           Instrumentation,
                                                           bronchoscope (brush
                                                           sheath A/O
                                                           aspirating).
Ear, Nose, and Throat (ENT)           EOX                 Esophagoscope           21 CFR 874.4710
 endoscopes and accessories.          GCL                  (flexible or rigid).   21 CFR 876.1500
                                                          Esophagoscope, general
                                                           & plastic surgery.
                                      FDW                 Esophagoscope, rigid,   21 CFR 876.1500
                                                           gastro-urology.
                                      EOB                 Nasopharyngoscope       21 CFR 874.4760
                                                           (flexible or rigid).
                                      EQN                 Laryngoscope,           21 CFR 874.4760
                                                           nasopharyngoscope.
                                      EWY                 Mediastinoscope,        21 CFR 874.4720
                                                           surgical, and
                                                           accessories.
Gastroenterology and Urology          FDT                 Duodenoscope and        21 CFR 876.1500
 Endoscopes that have elevator        FAK                  accessories, flexible/ 21 CFR 876.1500
 channels (not including              ODF                  rigid.                 21 CFR 876.1500
 accessories).                                            Panendoscope
[e.g., duodenoscopes used for                              (gastroduodenoscope).
 endoscopic retrograde                                    Mini endoscope,
 cholangiopancreatography (ERCP)].                         gastroenterology-
                                                           urology.
Automated Reprocessors for Reusable   FEB                 Accessories, cleaning,  21 CFR 876.1500
 Devices.                             NZA                  for endoscopes.        21 CFR 876.1500
                                                          Accessories,
                                                           germicide, cleaning,
                                                           for endoscopes.
                                      OUJ                 High level              21 CFR 892.1570
                                                           disinfection
                                                           reprocessing
                                                           instrument for
                                                           ultrasonic
                                                           transducers, mist.
                                      NVE                 Washer, cleaner,        21 CFR 876.1500
                                                           automated, endoscope.
                                      PSW                 High level              21 CFR 892.1570
                                                           disinfection
                                                           reprocessing
                                                           instrument for
                                                           ultrasonic
                                                           transducers, liquid.

[[Page 26809]]

 
Other Flexible Gastroenterology and   FDF                 Colonoscope and         21 CFR 876.1500
 Urology Endoscopes \1\ (not          FBN                  accessories, flexible/ 21 CFR 876.1500
 including accessories).                                   rigid.
                                                          Choledochoscope and
                                                           accessories, flexible/
                                                           rigid.
                                      FDA                 Enteroscope and         21 CFR 876.1500
                                                           accessories.
                                      FDS                 Gastroscope and         21 CFR 876.1500
                                                           accessories, flexible/
                                                           rigid.
                                      FAJ                 Cystoscope and          21 CFR 876.1500
                                                           accessories, flexible/
                                                           rigid.
                                      FGB                 Ureteroscope and        21 CFR 876.1500
                                                           accessories, flexible/
                                                           rigid.
                                      ODG                 Endoscopic ultrasound   21 CFR 876.1500
                                                           system,
                                                           gastroenterology-
                                                           urology.
Neurological endoscopes (not          GWG                 Endoscope,              21 CFR 882.1480
 including accessories).                                   neurological.
Water-based heater-cooler systems     DWC                 Controller,             21 CFR 870.4250
 for use in operating rooms.          DWJ                  Temperature,           21 CFR 870.5900
                                                           Cardiopulmonary
                                                           Bypass.
                                                          System, Thermal
                                                           Regulating.
System, Surgical, Computer            NAY                 System, Surgical,       21 CFR 876.1500
 Controlled Instrument.                                    Computer Controlled
                                                           Instrument.
Arthroscopes and accessories \2\....  HRX                 Arthroscope...........  21 CFR 888.1100
Laparoscopic instruments and          GCJ                 Laparoscope, general    21 CFR 876.1500
 accessories \2\.                                          and plastic surgery.
Electrosurgical instruments and       GEI                 Electrosurgical,        21 CFR 878.4400
 accessories \2\.                                          cutting and
                                                           coagulation and
                                                           accessories.
----------------------------------------------------------------------------------------------------------------
\1\ For endoscopes that fall under these product codes, 510(k) submissions must include reprocessing validation
  data for those endoscopes which are flexible.
\2\ For devices that fall under these product codes, 510(k) submissions must include reprocessing validation
  data if the device possesses any of the design features listed in table 2 below.


     Table 2--Design Features Which May Pose a Challenge to Adequate
      Reprocessing for Arthroscopes, Laparoscopic Instruments, and
      Electrosurgical Instruments, and Their Respective Accessories
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Lumens (especially lumens of flexible design, multiple internal lumens,
 lumens that are not freely accessible, bifurcated lumens, lumens with
 internal surfaces that are not smooth, have internal ridges or sharp
 angles, or are too small to permit a brush to pass through).
Hinges, depressions, joints with gaps, overlapping or butted joints that
 result in acute angles, or ribbed or otherwise ``roughened'' surfaces
 (e.g., jaws).
Interior device channels.
Sleeves surrounding rods, blades, activators, inserters, etc.
Shafts within lumens.
Adjacent device surfaces between which debris can be forced or caught
 during use.
O-rings.
Stopcocks/Valves.
Crevices.
Fittings with very close tolerances.
Clamps that cannot be fully opened for cleaning.
Small internal parts (e.g., springs, magnets, etc.) that may become
 soiled.
Ridges, articulations or grooves.
Rough, irregular, discontinuous surfaces that can entrap or retain soil.
Capillary gaps.
Luer locks.
Porous materials (smooth surfaces are desirable, where possible).
Junctions between insulating sheaths and activating mechanisms (as in
 certain laparoscopic instruments).
Dead-ended chambers.
Internal movable device components such as multiple cables.
Device features that may entrap debris that can later become aerosolized
 (e.g., through application of power, etc.).
Devices with these or other design features that cannot be disassembled
 for reprocessing.
------------------------------------------------------------------------

    The Agency believes that these devices currently have the greatest 
risk of infection transmission and inadequate performance if not 
adequately reprocessed. In the future, the Agency may reevaluate and 
revise both tables as it deems necessary.

IV. Paperwork Reduction Act of 1995

    This notice refers to previously approved collections of 
information found in 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 801 have been approved under OMB 
control number 0910-0485 (medical device labeling); the collections of 
information in part 807, subpart E have been approved under OMB control 
number 0910-0120 (premarket notification); and the collections of 
information in 21 CFR part 820 have been approved under OMB control 
number 0910-0073 (quality system regulation).

V. References

    The following references are on display in the Division of Dockets 
Management (see ADDRESSES) and are available for viewing by interested 
persons between 9 a.m. and 4 p.m., Monday through Friday; they are also 
available electronically at https://www.regulations.gov. FDA has 
verified the Web site addresses, as of the date this document publishes 
in the Federal Register, but Web sites are subject to change over time.

1. 21st Century Cures Act, Public Law 114-255, available at https://www.congress.gov/114/bills/hr34/BILLS-114hr34eah.pdf.
2. FDA's Guidance, Reprocessing Medical Devices in Health Care 
Settings: Validation Methods and Labeling, March 2015, available at 
http://www.fda.gov/downloads/medicaldevices/deviceregulationandguidance/guidancedocuments/ucm253010.pdf.


[[Page 26810]]


    Dated: June 5, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-12007 Filed 6-8-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                                           Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices                                                                              26807

                                                                         Location                                                                                     Grantee                                                              Amount

                                                  New York, NY ...........................................      Cayuga Home for Children DBA Cayuga Centers ......................................................                          5,404,388
                                                  New York, NY ...........................................      Cayuga Home for Children DBA Cayuga Centers ......................................................                          1,052,501
                                                  New York, NY ...........................................      Catholic Guardian Services .........................................................................................        1,664,514
                                                  Yonkers, NY ..............................................    Leake and Watts Services, Inc ....................................................................................          1,804,974
                                                  Yonkers, NY ..............................................    Leake and Watts Services, Inc ....................................................................................            473,826
                                                  U.S. Multi-City ...........................................   Southwest Keys, Inc ....................................................................................................   10,257,820
                                                  U.S. Multi-City ...........................................   Southwest Keys, Inc ....................................................................................................    1,330,080



                                                  ORR is continuously monitoring its                                   DEPARTMENT OF HEALTH AND                                              regulatory controls needed to provide
                                                  capacity to provide post-release services                            HUMAN SERVICES                                                        reasonable assurance of their safety and
                                                  to the unaccompanied alien children in                                                                                                     effectiveness. The three categories of
                                                  HHS custody. ORR has specific                                        Food and Drug Administration                                          devices are class I (general controls),
                                                  requirements for the provision of                                    [Docket No. FDA–2017–N–2901]                                          class II (special controls), and class III
                                                  services. Award recipients must have                                                                                                       (premarket approval).
                                                  the infrastructure, licensing, experience,                           Medical Devices; Validated                                               Devices introduced into interstate
                                                  and appropriate level of trained staff to                            Instructions for Use and Validation                                   commerce for the first time on or after
                                                                                                                       Data Requirements for Certain                                         May 28, 1976 (generally referred to as
                                                  meet those requirements. The expansion
                                                                                                                       Reusable Medical Devices in                                           post-amendments devices), are
                                                  of the existing post-release services
                                                                                                                       Premarket Notifications                                               classified automatically by statute
                                                  program through this supplemental                                                                                                          (section 513(f) of the FD&C Act) into
                                                  award is a key strategy for ORR to be                                AGENCY:       Food and Drug Administration,                           class III without any FDA rulemaking
                                                  prepared to meet its responsibility of                               HHS.                                                                  process. These devices remain in class
                                                  safe and timely release of                                           ACTION:      Notice.                                                  III and require premarket approval,
                                                  Unaccompanied Alien Children referred                                                                                                      unless FDA initiates one of the
                                                  to its care by DHS and so that the US                                SUMMARY:    The Food and Drug                                         following procedures: (1) FDA
                                                  Border Patrol can continue its vital                                 Administration (FDA or Agency) has                                    reclassifies the device into class I or II;
                                                  national security mission to prevent                                 determined that it is necessary for                                   (2) FDA issues an order classifying the
                                                  illegal migration, trafficking, and protect                          manufacturers of certain reusable                                     device into class I or II in accordance
                                                  the borders of the United States.                                    medical devices to include in their                                   with section 513(f)(2) of the FD&C Act;
                                                                                                                       premarket notifications (510(k)s)                                     or (3) FDA issues an order finding the
                                                     Statutory Authority: This program is                              instructions for use which have been
                                                  authorized by—                                                                                                                             device to be substantially equivalent,
                                                                                                                       validated and validation data regarding                               under section 513(i), to a predicate
                                                     (A) Section 462 of the Homeland                                   cleaning, disinfection, and sterilization,                            device that is already legally marketed.
                                                  Security Act of 2002, which in March                                 for which a substantial equivalence                                   The Agency determines whether new
                                                  2003, transferred responsibility for the                             determination may be based. This notice                               devices are substantially equivalent to
                                                  care and custody of Unaccompanied                                    includes a list of these reusable devices                             predicate devices through review of
                                                  Alien Children from the Commissioner                                 that will require validated instructions                              premarket notifications under section
                                                  of the former Immigration and                                        for use and validation data in their                                  510(k) of the FD&C Act (21 U.S.C.
                                                  Naturalization Service (INS) to the                                  premarket notification. FDA is                                        360(k)). Section 510(k) of the FD&C Act
                                                  Director of ORR of the Department of                                 publishing this list in accordance with                               and its implementing regulations,
                                                  Health and Human Services (HHS).                                     the requirements established by the 21st                              codified in Title 21 of the Code of
                                                                                                                       Century Cures Act. This action ensures                                Federal Regulations (21 CFR part 807,
                                                     (B) The Flores Settlement Agreement,                              that the premarket requirements for                                   subpart E), require persons who intend
                                                  Case No. CV85–4544RJK (C.D. Cal.                                     these device types are clear and                                      to market a new device that does not
                                                  1996), as well as the William                                        predictable which facilitates more                                    require a premarket approval
                                                  Wilberforce Trafficking Victims                                      efficient review of these 510(k)s.                                    application under section 515 of the
                                                  Protection Reauthorization Act of 2008                               DATES: These actions are effective on                                 FD&C Act (21 U.S.C. 360e) to submit a
                                                  (Pub. L. 110–457), which authorizes                                  August 8, 2017.                                                       premarket notification report (510(k))
                                                  post release services under certain                                  FOR FURTHER INFORMATION CONTACT:                                      containing information that allows FDA
                                                  conditions to eligible children. All                                 Constance Soves, Food and Drug                                        to determine whether the new device is
                                                  programs must comply with the Flores                                 Administration, Center for Devices and                                ‘‘substantially equivalent’’ within the
                                                  Settlement Agreement, Case No. CV85–                                 Radiological Health, 10903 New                                        meaning of section 513(i) of the FD&C
                                                  4544–RJK (C.D. Cal. 1996), pertinent                                 Hampshire Ave., Bldg. 66, Rm. 1437,                                   Act to a legally marketed device that
                                                  regulations and ORR policies and                                     Silver Spring, MD 20993–0002, 301–                                    does not require premarket approval.
                                                  procedures.                                                          796–6951.                                                                On December 13, 2016, the President
                                                                                                                       SUPPLEMENTARY INFORMATION:                                            signed into law the 21st Century Cures
                                                  Elizabeth Leo,
                                                                                                                                                                                             Act (Pub. L. 114–255) (Ref. 1). Section
                                                  Grants Policy Specialist, Division of Grants                         I. Background                                                         3059 of the 21st Century Cures Act, in
                                                  Policy, Office of Administration,                                       The Federal Food, Drug, and Cosmetic                               part, amends section 510 of the FD&C
mstockstill on DSK30JT082PROD with NOTICES




                                                  Administration for Children and Families.                            Act (the FD&C Act) (21 U.S.C. 301 et                                  Act to require FDA to publish in the
                                                  [FR Doc. 2017–11940 Filed 6–8–17; 8:45 am]                           seq.), as amended, established a                                      Federal Register a notice identifying a
                                                  BILLING CODE 4184–45–P                                               comprehensive system for the regulation                               list of reusable device types that must
                                                                                                                       of medical devices intended for human                                 include validated instructions for use
                                                                                                                       use. Section 513 of the FD&C Act (21                                  and validation data regarding cleaning,
                                                                                                                       U.S.C. 360c) establishes three categories                             disinfection, and sterilization in their
                                                                                                                       (classes) of devices, based on the                                    510(k) submissions. This section also


                                             VerDate Sep<11>2014       19:25 Jun 08, 2017       Jkt 241001      PO 00000     Frm 00036      Fmt 4703      Sfmt 4703      E:\FR\FM\09JNN1.SGM           09JNN1


                                                  26808                            Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices

                                                  provides that a 510(k) submission for a                 same or different patients, with                             III. List of Certain Reusable Medical
                                                  reusable device may not be substantially                appropriate cleaning and other                               Devices and Design Features
                                                  equivalent to a predicate device if the                 reprocessing steps between uses. FDA
                                                  validated instructions for use and                      has issued recommendations for                                  The 21st Century Cures Act (section
                                                  reprocessing validation data submitted                  reprocessing reusable devices in                             3059) requires the Agency to identify
                                                  as part of the 510(k) are inadequate.                   relevant documents, including the FDA                        and publish a list of reusable device
                                                    Manufacturers of reusable medical                     guidance ‘‘Reprocessing Medical                              types that are required to include
                                                  devices are responsible for having                      Devices in Health Care Settings:                             ‘‘instructions for use’’ and ‘‘validation
                                                  labeling that bears adequate directions                 Validation Methods and Labeling,’’ as                        data’’ regarding cleaning, disinfection,
                                                  for use, including instructions on                      information on the reprocessing                              and sterilization in 510(k) notifications.
                                                  preparing a device for use under 21 CFR                 validation methods necessary to be                           Accordingly, FDA is publishing the list
                                                  801.5 and 801.109. However, in recent                   reported in a 510(k) submission (Ref. 2).                    in table 1 that identifies those reusable
                                                  years, there have been significant                      FDA expects specific required                                medical devices that FDA has
                                                  changes in knowledge and technology                     validation data regarding cleaning,                          determined pose a greater likelihood of
                                                  involved in reprocessing reusable                       disinfection, and sterilization to be                        microbial transmission and represent a
                                                  medical devices. Additionally, there has                included in 510(k) submissions for                           high risk of infection (subclinical or
                                                  been an evolution towards more                          certain reusable medical device types as                     clinical) if they are not adequately
                                                  complex reusable medical device                         outlined in tables 1 and 2 below.                            reprocessed.
                                                  designs that are more difficult to clean,                  FDA believes that a majority of
                                                                                                          manufacturers for the reusable devices                          FDA believes arthroscopes,
                                                  disinfect, and sterilize. FDA believes
                                                  reusable devices must be designed for                   listed below are already conducting                          laparoscopic instruments, and
                                                  adequate reprocessing and safe reuse,                   validation of their reprocessing                             electrosurgical instruments, and their
                                                  with comprehensive and clear                            instructions because FDA already has                         respective accessories with specific
                                                  instructions for effective reprocessing                 provided recommendations for                                 design features, identified in table 2,
                                                  procedures for use by health care                       reprocessing validation in relevant FDA                      may pose a challenge to adequate
                                                  facilities that reprocess these devices.                documents. Sponsors of new 510(k)                            reprocessing. 510(k) notifications for
                                                                                                          notifications for reusable devices                           such devices that incorporate any of the
                                                  II. Requirements for Validated                          identified in the tables below must also                     design features listed in table 2 must
                                                  Reprocessing Instructions and                           include validation data regarding                            include validated reprocessing
                                                  Reprocessing Validation Data for                        cleaning, disinfection, and sterilization,                   instructions and reprocessing validation
                                                  Reusable Medical Devices                                in addition to all the other required                        data reports, and if such are determined
                                                     A reusable medical device is one                     elements of a 510(k) identified in 21                        to be inadequate, FDA will find the
                                                  intended for repeated use either on the                 CFR 807.87, starting on August 8, 2017.                      device not substantially equivalent.

                                                      TABLE 1—REUSABLE DEVICES THAT REQUIRE VALIDATION DATA AND VALIDATED REPROCESSING INSTRUCTIONS BE
                                                          INCLUDED IN 510(k) NOTIFICATION AND UPON WHICH FDA WILL DETERMINE SUBSTANTIAL EQUIVALENCE
                                                                                                                 Product
                                                                        Device type                                                                      Device name                                       21 CFR section
                                                                                                                  code

                                                  Bronchoscopes (flexible or rigid) and accessories ....         EOQ         Bronchoscope (flexible or rigid) .........................................   21   CFR   874.4680
                                                                                                                 PSV         Ultrasound bronchoscope ..................................................   21   CFR   892.1550
                                                                                                                 KTI         Bronchoscope accessory ...................................................   21   CFR   874.4680
                                                                                                                 BTG         Brush, biopsy, bronchoscope (non-rigid) ...........................          21   CFR   874.4680
                                                                                                                 JEI         Claw, foreign body, bronchoscope (non-rigid) ...................             21   CFR   874.4680
                                                                                                                 JEL         Curette, biopsy, bronchoscope (rigid) ................................       21   CFR   874.4680
                                                                                                                 BST         Curette, biopsy, bronchoscope (non-rigid) .........................          21   CFR   874.4680
                                                                                                                 BWH         Forceps, biopsy, bronchoscope (non-rigid) ........................           21   CFR   874.4680
                                                                                                                 JEK         Forceps, biopsy, bronchoscope (rigid) ...............................        21   CFR   874.4680
                                                                                                                 ENZ         Telescope, laryngeal-bronchial ..........................................    21   CFR   874.4680
                                                                                                                 KTR         Tube, aspirating, bronchoscope (rigid) ..............................        21   CFR   874.4680
                                                                                                                 JEJ         Tubing, Instrumentation, bronchoscope (brush sheath A/                       21   CFR   874.4680
                                                                                                                               O aspirating).
                                                  Ear, Nose, and Throat (ENT) endoscopes and ac-                 EOX         Esophagoscope (flexible or rigid) .......................................    21   CFR   874.4710
                                                    cessories.                                                   GCL         Esophagoscope, general & plastic surgery .......................             21   CFR   876.1500
                                                                                                                 FDW         Esophagoscope, rigid, gastro-urology ................................        21   CFR   876.1500
                                                                                                                 EOB         Nasopharyngoscope (flexible or rigid) ...............................        21   CFR   874.4760
                                                                                                                 EQN         Laryngoscope, nasopharyngoscope ..................................           21   CFR   874.4760
                                                                                                                 EWY         Mediastinoscope, surgical, and accessories ......................            21   CFR   874.4720
                                                  Gastroenterology and Urology Endoscopes that                   FDT         Duodenoscope and accessories, flexible/rigid ...................             21   CFR   876.1500
                                                     have elevator channels (not including acces-                FAK         Panendoscope (gastroduodenoscope) ..............................             21   CFR   876.1500
                                                     sories).                                                    ODF         Mini endoscope, gastroenterology-urology ........................            21   CFR   876.1500
                                                  [e.g., duodenoscopes used for endoscopic retro-
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                                                     grade cholangiopancreatography (ERCP)].
                                                  Automated Reprocessors for Reusable Devices ......             FEB         Accessories, cleaning, for endoscopes ..............................         21 CFR 876.1500
                                                                                                                 NZA         Accessories, germicide, cleaning, for endoscopes ............                21 CFR 876.1500
                                                                                                                 OUJ         High level disinfection reprocessing instrument for ultra-                   21 CFR 892.1570
                                                                                                                               sonic transducers, mist.
                                                                                                                 NVE         Washer, cleaner, automated, endoscope ..........................             21 CFR 876.1500
                                                                                                                 PSW         High level disinfection reprocessing instrument for ultra-                   21 CFR 892.1570
                                                                                                                               sonic transducers, liquid.



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                                                                                     Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices                                                                            26809

                                                      TABLE 1—REUSABLE DEVICES THAT REQUIRE VALIDATION DATA AND VALIDATED REPROCESSING INSTRUCTIONS BE
                                                     INCLUDED IN 510(k) NOTIFICATION AND UPON WHICH FDA WILL DETERMINE SUBSTANTIAL EQUIVALENCE—Continued
                                                                                                                     Product
                                                                          Device type                                                                            Device name                                             21 CFR section
                                                                                                                      code

                                                  Other Flexible Gastroenterology and Urology                        FDF         Colonoscope and accessories, flexible/rigid ......................                     21   CFR   876.1500
                                                    Endoscopes 1 (not including accessories).                        FBN         Choledochoscope and accessories, flexible/rigid ..............                         21   CFR   876.1500
                                                                                                                     FDA         Enteroscope and accessories ............................................               21   CFR   876.1500
                                                                                                                     FDS         Gastroscope and accessories, flexible/rigid .......................                    21   CFR   876.1500
                                                                                                                     FAJ         Cystoscope and accessories, flexible/rigid ........................                    21   CFR   876.1500
                                                                                                                     FGB         Ureteroscope and accessories, flexible/rigid .....................                     21   CFR   876.1500
                                                                                                                     ODG         Endoscopic ultrasound system, gastroenterology-urology                                 21   CFR   876.1500
                                                  Neurological endoscopes (not including accessories)                GWG         Endoscope, neurological ....................................................           21   CFR   882.1480
                                                  Water-based heater-cooler systems for use in oper-                 DWC         Controller, Temperature, Cardiopulmonary Bypass ...........                            21   CFR   870.4250
                                                    ating rooms.                                                     DWJ         System, Thermal Regulating ..............................................              21   CFR   870.5900
                                                  System, Surgical, Computer Controlled Instrument ..                NAY         System, Surgical, Computer Controlled Instrument ...........                           21   CFR   876.1500
                                                  Arthroscopes and accessories 2 ................................    HRX         Arthroscope ........................................................................   21   CFR   888.1100
                                                  Laparoscopic instruments and accessories 2 ............            GCJ         Laparoscope, general and plastic surgery .........................                     21   CFR   876.1500
                                                  Electrosurgical instruments and accessories 2 ..........           GEI         Electrosurgical, cutting and coagulation and accessories                               21   CFR   878.4400
                                                    1 For endoscopes that fall under these product codes, 510(k) submissions must include reprocessing validation data for those endoscopes
                                                  which are flexible.
                                                    2 For devices that fall under these product codes, 510(k) submissions must include reprocessing validation data if the device possesses any of
                                                  the design features listed in table 2 below.

                                                      TABLE 2—DESIGN FEATURES WHICH MAY POSE A CHALLENGE TO ADEQUATE REPROCESSING FOR ARTHROSCOPES,
                                                         LAPAROSCOPIC INSTRUMENTS, AND ELECTROSURGICAL INSTRUMENTS, AND THEIR RESPECTIVE ACCESSORIES
                                                  Lumens (especially lumens of flexible design, multiple internal lumens, lumens that are not freely accessible, bifurcated lumens, lumens with in-
                                                     ternal surfaces that are not smooth, have internal ridges or sharp angles, or are too small to permit a brush to pass through).
                                                  Hinges, depressions, joints with gaps, overlapping or butted joints that result in acute angles, or ribbed or otherwise ‘‘roughened’’ surfaces (e.g.,
                                                     jaws).
                                                  Interior device channels.
                                                  Sleeves surrounding rods, blades, activators, inserters, etc.
                                                  Shafts within lumens.
                                                  Adjacent device surfaces between which debris can be forced or caught during use.
                                                  O-rings.
                                                  Stopcocks/Valves.
                                                  Crevices.
                                                  Fittings with very close tolerances.
                                                  Clamps that cannot be fully opened for cleaning.
                                                  Small internal parts (e.g., springs, magnets, etc.) that may become soiled.
                                                  Ridges, articulations or grooves.
                                                  Rough, irregular, discontinuous surfaces that can entrap or retain soil.
                                                  Capillary gaps.
                                                  Luer locks.
                                                  Porous materials (smooth surfaces are desirable, where possible).
                                                  Junctions between insulating sheaths and activating mechanisms (as in certain laparoscopic instruments).
                                                  Dead-ended chambers.
                                                  Internal movable device components such as multiple cables.
                                                  Device features that may entrap debris that can later become aerosolized (e.g., through application of power, etc.).
                                                  Devices with these or other design features that cannot be disassembled for reprocessing.



                                                    The Agency believes that these                           OMB control number 0910–0485                                       available electronically at https://
                                                  devices currently have the greatest risk                   (medical device labeling); the                                     www.regulations.gov. FDA has verified
                                                  of infection transmission and                              collections of information in part 807,                            the Web site addresses, as of the date
                                                  inadequate performance if not                              subpart E have been approved under                                 this document publishes in the Federal
                                                  adequately reprocessed. In the future,                     OMB control number 0910–0120                                       Register, but Web sites are subject to
                                                  the Agency may reevaluate and revise                       (premarket notification); and the                                  change over time.
                                                  both tables as it deems necessary.                         collections of information in 21 CFR
                                                                                                                                                                                1. 21st Century Cures Act, Public Law 114–
                                                                                                             part 820 have been approved under
                                                  IV. Paperwork Reduction Act of 1995                                                                                                255, available at https://
                                                                                                             OMB control number 0910–0073
                                                    This notice refers to previously                                                                                                 www.congress.gov/114/bills/hr34/BILLS-
                                                                                                             (quality system regulation).
                                                  approved collections of information                                                                                                114hr34eah.pdf.
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                                                  found in FDA regulations. These                            V. References                                                      2. FDA’s Guidance, Reprocessing Medical
                                                  collections of information are subject to                    The following references are on                                       Devices in Health Care Settings:
                                                                                                                                                                                     Validation Methods and Labeling, March
                                                  review by the Office of Management and                     display in the Division of Dockets
                                                                                                                                                                                     2015, available at http://www.fda.gov/
                                                  Budget (OMB) under the Paperwork                           Management (see ADDRESSES) and are
                                                                                                                                                                                     downloads/medicaldevices/
                                                  Reduction Act of 1995 (44 U.S.C. 3501–                     available for viewing by interested
                                                                                                                                                                                     deviceregulationandguidance/
                                                  3520). The collections of information in                   persons between 9 a.m. and 4 p.m.,
                                                                                                                                                                                     guidancedocuments/ucm253010.pdf.
                                                  part 801 have been approved under                          Monday through Friday; they are also


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                                                  26810                            Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices

                                                    Dated: June 5, 2017.                                  Block Grant to States Program:                         enhanced definition of ‘‘evidence-base’’
                                                  Anna K. Abram,                                          Guidance and Forms for the Title V                     provided. Clarifying instructions and
                                                  Deputy Commissioner for Policy, Planning,               Application/Annual Report. This                        state examples of ESMs have been
                                                  Legislation, and Analysis.                              guidance is used annually by the 50                    added.
                                                  [FR Doc. 2017–12007 Filed 6–8–17; 8:45 am]              states and 9 jurisdictions (hereafter                     (5) Expectations around state Title V
                                                  BILLING CODE 4164–01–P                                  state) in applying for Block Grants                    reporting on family/consumer
                                                                                                          under Title V of the Social Security Act               partnership have been clarified. These
                                                                                                          and in preparing the required annual                   expectations include enhanced
                                                  DEPARTMENT OF HEALTH AND                                report. The updates proposed by                        discussion of specific program
                                                  HUMAN SERVICES                                          HRSA’s Maternal and Child Health                       activities, the impact they have on all
                                                                                                          Bureau (MCHB) for this edition of the                  sectors of the MCH population, and
                                                  Health Resources and Services                           guidance are intended to reinforce the                 their demonstrated value in improving
                                                  Administration                                          role of the state in developing a Title V              MCH outcomes.
                                                                                                          Maternal and Child Health (MCH)                           (6) The narrative reporting
                                                  Agency Information Collection                           Action Plan that addresses its priority                requirements around services for
                                                  Activities: Proposed Collection: Public                 needs. These proposed updates further                  CSHCN have been strengthened to allow
                                                  Comment Request; Information                            refine the reporting structure and vision              each state to identify and define the
                                                  Collection Request Title: Title V                       that was outlined in the previous                      components of its system of services.
                                                  Maternal and Child Health Services                      edition. As such, they are intended to                 States are also encouraged to reflect on
                                                  Block Grant to States Program:                          enable a state to articulate its Title V               the impact of these services within the
                                                  Guidance and Forms for the Title V                      program activities and leadership efforts              context of the identified priority needs
                                                  Application/Annual Report OMB No.                       for serving the MCH population. The                    and the measures selected for the State
                                                  0915–0172—Revision                                      proposed updates to the guidance are                   Action Plan.
                                                                                                          informed by comments received from                        (7) Further anticipated reductions to
                                                  AGENCY: Health Resources and Services                                                                          state burden have been incorporated
                                                  Administration (HRSA), Department of                    state Title V MCH program leaders,
                                                                                                          national MCH leaders, and other MCH                    through more streamlined narrative
                                                  Health and Human Services.                                                                                     reporting, particularly between the State
                                                                                                          stakeholders.
                                                  ACTION: Notice.                                                                                                Overview, Needs Assessment, and State
                                                                                                             Specific updates to this edition of the
                                                  SUMMARY:    In compliance with the                      Title V Maternal and Child Health                      Action Plan sections; clearer
                                                  requirement for opportunity for public                  Services Block Grant to States Program:                descriptions of expected content in each
                                                  comment on proposed data collection                     Guidance and Forms for the Title V                     of the narrative sections; and refined
                                                  projects, HRSA announces plans to                       Application/Annual Report include the                  instructions for completing the data
                                                  submit an Information Collection                        following:                                             reporting forms. Notable among these
                                                  Request (ICR), described below, to the                     (1) The performance measure                         updates is the restructuring of the State
                                                  Office of Management and Budget                         framework has been maintained, but a                   Action Plan narrative discussion to
                                                  (OMB). Prior to submitting the ICR to                   state has added flexibility to determine               allow a Title V program greater
                                                  OMB, HRSA seeks comments from the                       the best combination of National                       flexibility in describing its public health
                                                  public regarding the burden estimate,                   Performance Measures (NPMs) and State                  framework (e.g., life course model),
                                                  below, or any other aspect of the ICR.                  Performance Measures (SPMs) for                        leadership and partnership roles, cross-
                                                                                                          addressing its identified MCH priority                 cutting strategies, and the leveraging of
                                                  DATES: Comments on this ICR must be
                                                                                                          needs. States will address each priority               resources.
                                                  received no later than August 8, 2017.                  need by either a NPM or SPM.                              The full extent of the anticipated
                                                  ADDRESSES: Submit your comments to                         (2) The required minimum number of                  burden reduction will be realized over
                                                  paperwork@hrsa.gov or mail the HRSA                     NPMs to be selected by a state has been                time as states become more familiar
                                                  Information Collection Clearance                        reduced from eight to five. States will                with the updated instructions and
                                                  Officer, Room 14N39, 5600 Fishers                       select at least one NPM in each of the                 reporting requirements. The burden
                                                  Lane, Rockville, MD 20857.                              five population health domains,                        estimates presented in the table below
                                                  FOR FURTHER INFORMATION CONTACT: To                     specifically: (1) Women/Maternal                       are based on previous burden estimates
                                                  request more information on the                         Health; (2) Perinatal/Infant Health; (3)               and consultation with a few states.
                                                  proposed project or to obtain a copy of                 Child Health; (4) Children with Special                   Need and Proposed Use of the
                                                  the data collection plans and draft                     Health Care Needs (CSHCN); and (5)                     Information: Each year, states are
                                                  instruments, email paperwork@hrsa.gov                   Adolescent Health.                                     required to submit an application/
                                                  or call the HRSA Information Collection                    (3) A sixth and optional domain,                    annual report for Federal funds for their
                                                  Clearance Officer at (301) 443–1984.                    Cross-cutting and Systems Building, has                Title V MCH Services Block Grant to
                                                  SUPPLEMENTARY INFORMATION: When                         been added to replace the Cross-cutting/               States Program to HRSA’s MCHB
                                                  submitting comments or requesting                       Life Course domain. The three NPMs                     (Section 505(a) of Title V of the Social
                                                  information, please include the                         that were formerly included in the                     Security Act). In addition, each state is
                                                  information request collection title for                Cross-cutting/Life Course domain (i.e.,                required to conduct a comprehensive
                                                  reference, in compliance with Section                   NPM #13A/B, NPM #14 A/B and NPM                        needs assessment every 5 years. The
                                                  3506(c)(2)(A) of the Paperwork                          #15) have been incorporated into the                   information and instructions for the
                                                  Reduction Act of 1995.                                  relevant population health domain(s).                  preparation and submission of this
                                                    Information Collection Request Title:                 No NPMs are included in the Cross-                     application/annual report are contained
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                                                  Title V Maternal and Child Health                       cutting and Systems Building domain;                   in the Title V Maternal and Child
                                                  Services Block Grant to States Program:                 however, a state may choose to include                 Health Services Block Grant to States
                                                  Guidance and Forms for the Title V                      a SPM in this domain if relevant to its                Program: Guidance and Forms for the
                                                  Application/Annual Report, OMB No.                      priority needs.                                        Title V Application/Annual Report.
                                                  0915–0172—Revision                                         (4) The focus on evidence-based or                     Likely Respondents: Per section 505(a)
                                                    Abstract: HRSA is updating the Title                  evidence-informed strategies and                       of Title V of the Social Security Act, the
                                                  V Maternal and Child Health Services                    measures (ESMs) continues, with an                     MCH Block Grant application/annual


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Document Created: 2017-06-09 01:11:44
Document Modified: 2017-06-09 01:11:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThese actions are effective on August 8, 2017.
ContactConstance Soves, Food and Drug Administration, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 1437, Silver Spring, MD 20993-0002, 301- 796-6951.
FR Citation82 FR 26807 

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