82_FR_35360 82 FR 35216 - Fostering Medical Innovation: A Plan for Digital Health Devices; Software Precertification Pilot Program

82 FR 35216 - Fostering Medical Innovation: A Plan for Digital Health Devices; Software Precertification Pilot Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 144 (July 28, 2017)

Page Range35216-35218
FR Document2017-15891

The Food and Drug Administration's (FDA, the Agency, or we) Center for Devices and Radiological Health (CDRH or Center) is announcing its Software Precertification Pilot Program. The program aims to evaluate a new approach toward software products, including a precertification program for the assessment of companies that perform high-quality software design and testing. This voluntary pilot program is part of FDA's ongoing efforts to develop pragmatic approaches to balance benefits and risks of digital health products. FDA intends to develop a precertification program that could replace the need for a premarket submission in some cases and allow for decreased submission content and/or faster review of marketing applications for software products in other cases. During the pilot program, FDA customers, including pilot participants, will have the opportunity to provide input on the development of the precertification program.

Federal Register, Volume 82 Issue 144 (Friday, July 28, 2017)
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Pages 35216-35218]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15891]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-4301]


Fostering Medical Innovation: A Plan for Digital Health Devices; 
Software Precertification Pilot Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA, the Agency, or we) 
Center for Devices and Radiological Health (CDRH or Center) is 
announcing its Software Precertification Pilot Program. The program 
aims to evaluate a new approach toward software products, including a 
precertification program for the assessment of companies that perform 
high-quality software design and testing. This voluntary pilot program 
is part of FDA's ongoing efforts to develop pragmatic approaches to 
balance benefits and risks of digital health products. FDA intends to 
develop a precertification program that could replace the need for a 
premarket submission in some cases and allow for decreased submission 
content and/or faster review of marketing applications for software 
products in other cases. During the pilot program, FDA customers, 
including pilot participants, will have the opportunity to provide 
input on the development of the precertification program.

DATES: FDA is seeking participation in the voluntary Software 
Precertification pilot program beginning August 1, 2017. See the 
``Participation'' section for instructions on how to submit a request 
to participate. The voluntary Software Precertification pilot program 
will select up to nine participants who best match the selection 
criteria. This pilot program will begin September 1, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2017-N-4301 for ``Fostering Medical Innovation: A Plan for Digital 
Health Devices; Software Precertification Pilot Program.'' Received 
comments will be placed in the docket and, except for those submitted 
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. 
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Bakul Patel, Center for Devices and 
Radiological Health, Food and Drug Administration, 10903 New Hampshire 
Ave., Bldg. 66, Rm. 5458, Silver Spring, MD 20993, 301-796-5528, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA recognizes that an efficient, risk-based approach to regulating 
digital health technology will foster innovation of digital health 
products. FDA's traditional approach to moderate and higher risk 
hardware-based medical devices is not well suited for the faster 
iterative design, development, and type of validation used for software 
products. An agile paradigm is necessary to accommodate the faster rate 
of development and innovation of software devices as compared to other 
types of devices. Traditional implementation of the premarket 
requirements may impede or delay patient access to critical evolutions 
of software technology, particularly those presenting a lower risk to 
patients. To evaluate a new approach toward software, FDA is launching 
a pilot of a precertification program for the assessment of companies 
that perform high-quality software design and testing. The Software 
Precertification (Pre-Cert) pilot program is part of FDA's ongoing 
efforts

[[Page 35217]]

to develop pragmatic approaches within its existing authorities to 
optimally foster the development of high-quality, safe and effective 
digital health products while assuring timely patient access. FDA has 
previously discussed the idea of a precertification program in various 
forums and invites further input from all stakeholders throughout this 
pilot. FDA intends to establish a process for company precertification 
that could replace the need for a premarket submission for certain 
products or allow for decreased submission content and/or faster review 
of marketing submissions for other products. CDRH plans to select its 
first participants and initiate the voluntary Software Pre-Cert pilot 
program focusing on receiving input on the activities and criteria 
critical to streamlining premarket review of software products by 
September 1, 2017.
    FDA is issuing its Digital Health Innovation Action Plan.\1\ The 
Action Plan presents FDA's vision for the regulation of digital health 
technologies that are medical devices and the actions FDA intends to 
pursue to provide greater clarity regarding what types of digital 
health technology are subject to regulation. In the Action Plan, FDA 
describes a forward-leaning approach to ensure that we will implement 
the right policies and regulatory tools. The Software Pre-Cert pilot 
program is one component of FDA's comprehensive approach to digital 
health medical devices described in the Action Plan. FDA welcomes 
comments on the policies, pathways, and regulatory tools the Agency 
should consider in designing a new paradigm for overseeing digital 
health medical devices. (See information on how to submit comments to 
the public docket in the ADDRESSES section.)
---------------------------------------------------------------------------

    \1\ Available at https://www.fda.gov/MedicalDevices/DigitalHealth/UCM567265.
---------------------------------------------------------------------------

    The Software Pre-Cert pilot will help inform the development of the 
Pre-Cert program for software developers, including what criteria can 
be used to assess whether a company consistently and reliably engages 
in high-quality software design and testing (validation) and ongoing 
maintenance of its software products. FDA and companies participating 
in the pilot program will explore the use of external software 
development standards to reduce premarket software documentation 
burden. Precertified companies that have demonstrated a culture of 
quality and organizational excellence could bring certain types of 
digital health products to market without FDA premarket review or after 
a streamlined, less-burdensome FDA premarket review. The criteria 
developed and evaluated for precertification during the pilot program 
may also be used to inform the establishment of a third-party 
certification program, in which third parties may facilitate the 
precertification of companies, and will enable greater patient access 
to digital health technologies and will allow the Agency to devote more 
resources to the evaluation of higher risk technologies/products.
    Companies are eligible to participate in this voluntary Software 
Pre-Cert pilot program based on the criteria listed in Section A. 
Participation. FDA will select up to nine participants, who best match 
the selection criteria and who reflect the broad spectrum of software 
developers (e.g., both small and large software development firms). FDA 
intends to include companies that develop a range of products (both low 
and high risk) to learn how to apply the Software Pre-Cert program to 
different product types. FDA also intends to include companies that are 
not considered to be traditional medical device manufacturers, but who 
intend to make digital health technology.
    The purpose of the Software Pre-Cert pilot is to leverage customer 
input to develop a program that can help reduce the time and cost of 
market entry for software developers that FDA determines reliably 
manufacture high-quality, safe and effective digital health devices. 
This voluntary pilot program does not represent a new requirement; 
instead, it is an opportunity to help FDA develop an innovative 
approach for digital health technology.

A. Participation

    Companies that may be eligible to participate in this voluntary 
Software Pre-Cert pilot program are limited to those firms who follow 
the procedures set out in Section B and also meet the following 
selection qualities that follow.
    1. The company must be developing or planning to develop a software 
product that meets the definition of a device in section 201(h) of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
    2. The company has an existing track record in developing, testing, 
and maintaining software products demonstrating a culture of quality 
and organizational excellence measured and tracked by Key Performance 
Indicators (KPIs) or other similar measures.
    3. While participating in the pilot, the company must agree to:
    a. Provide access to measures described in selection quality number 
2, listed previously (KPIs or similar measures).
    b. Collect real-world postmarket performance data and provide it to 
FDA.
    c. Be available for real-time consultations with FDA.
    d. Be available for site visits from FDA officials.
    e. Provide information about the firm's quality management system.

B. Procedures

    To be considered for the voluntary Software Pre-Cert pilot program, 
a company should submit a statement of interest for participation to 
[email protected]. The statement of interest should include 
agreement to the selection qualities listed in Section A. 
Participation.
    The following captures the proposed process for the voluntary 
Software Pre-Cert pilot program:
    1. FDA will collect statements of interest for participation in the 
pilot program beginning August 1, 2017.
    2. FDA will evaluate the statements of interest for participation 
and select no more than nine participants, who best meet the selection 
criteria and who reflect the broad spectrum of software developers, 
including companies that develop a range of products (both low and high 
risk). FDA will work with the selected participants to develop criteria 
for precertification and the types of information that should be 
reviewed during the precertification process or postmarket, rather than 
during the review of a premarket submission.
    a. Depending on the stage of development of the company's software 
product, FDA will work interactively with the participating company 
through the Q-submission process, including via Pre-Submissions, 
Informational Meetings, Submission Issue Meetings, etc. (Ref. 1).
    3. Enrollment in the pilot program will be ongoing throughout the 
duration of the program. FDA will apply lessons learned from the 
initial participants in the pilot program to refine the 
precertification program in collaboration with participants.
    During this voluntary Software Pre-Cert pilot program, CDRH staff 
intends to be available to answer questions or concerns that may arise. 
The voluntary Software Pre-Cert pilot program participants will be 
asked to comment on and discuss their experiences with the Software 
Pre-Cert pilot process.

II. Beginning Date of the Software Pre-Cert Pilot Program

    FDA intends to accept requests for participation in the voluntary 
Software Pre-Cert pilot program beginning August 1, 2017. This pilot 
program will begin September 1, 2017.

[[Page 35218]]

III. 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 21 CFR part 807, subpart E have been 
approved under OMB control number 0910-0120; the collections of 
information in 21 CFR part 814, subparts A through E have been approved 
under OMB control number 0910-0231; the collections of information in 
21 CFR part 820 have been approved under OMB control number 0910-0073; 
and the collections of information in ``Requests for Feedback on 
Medical Device Submissions: The Pre-Submission Program and Meetings 
with Food and Drug Administration Staff'' have been approved under OMB 
control number 0910-0756.

IV. Reference

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

1. ``Requests for Feedback on Medical Device Submissions: The Pre-
Submission Program and Meetings with Food and Drug Administration 
Staff; Guidance for Industry and Food and Drug Administration 
Staff,'' February 2014, available at https://www.fda.gov/ucm/groups/fdagov-public/@fdagov-meddev-gen/documents/document/ucm311176.pdf.


    Dated: July 24, 2017.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-15891 Filed 7-27-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                    35216                            Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices

                                                      Dated: July 24, 2017.                                  Comments submitted electronically,                    claimed confidential information
                                                    Anna K. Abram,                                           including attachments, to https://                    redacted/blacked out, will be available
                                                    Deputy Commissioner for Policy, Planning,                www.regulations.gov will be posted to                 for public viewing and posted on
                                                    Legislation, and Analysis.                               the docket unchanged. Because your                    https://www.regulations.gov. Submit
                                                    [FR Doc. 2017–15900 Filed 7–27–17; 8:45 am]              comment will be made public, you are                  both copies to the Dockets Management
                                                    BILLING CODE 4164–01–P                                   solely responsible for ensuring that your             Staff. If you do not wish your name and
                                                                                                             comment does not include any                          contact information to be made publicly
                                                                                                             confidential information that you or a                available, you can provide this
                                                    DEPARTMENT OF HEALTH AND                                 third party may not wish to be posted,                information on the cover sheet and not
                                                    HUMAN SERVICES                                           such as medical information, your or                  in the body of your comments and you
                                                                                                             anyone else’s Social Security number, or              must identify this information as
                                                    Food and Drug Administration                             confidential business information, such               ‘‘confidential.’’ Any information marked
                                                                                                             as a manufacturing process. Please note               as ‘‘confidential’’ will not be disclosed
                                                    [Docket No. FDA–2017–N–4301]
                                                                                                             that if you include your name, contact                except in accordance with 21 CFR 10.20
                                                    Fostering Medical Innovation: A Plan                     information, or other information that                and other applicable disclosure law. For
                                                    for Digital Health Devices; Software                     identifies you in the body of your                    more information about FDA’s posting
                                                    Precertification Pilot Program                           comments, that information will be                    of comments to public dockets, see 80
                                                                                                             posted on https://www.regulations.gov.                FR 56469, September 18, 2015, or access
                                                    AGENCY:    Food and Drug Administration,                   • If you want to submit a comment                   the information at: https://www.gpo.gov/
                                                    HHS.                                                     with confidential information that you                fdsys/pkg/FR-2015-09-18/pdf/2015-
                                                    ACTION:   Notice.                                        do not wish to be made available to the               23389.pdf.
                                                                                                             public, submit the comment as a                          Docket: For access to the docket to
                                                    SUMMARY:    The Food and Drug                            written/paper submission and in the                   read background documents or the
                                                    Administration’s (FDA, the Agency, or                    manner detailed (see ‘‘Written/Paper                  electronic and written/paper comments
                                                    we) Center for Devices and Radiological                  Submissions’’ and ‘‘Instructions’’).                  received, go to https://
                                                    Health (CDRH or Center) is announcing                                                                          www.regulations.gov and insert the
                                                                                                             Written/Paper Submissions
                                                    its Software Precertification Pilot                                                                            docket number, found in brackets in the
                                                    Program. The program aims to evaluate                       Submit written/paper submissions as                heading of this document, into the
                                                    a new approach toward software                           follows:                                              ‘‘Search’’ box and follow the prompts
                                                    products, including a precertification                      • Mail/Hand delivery/Courier (for
                                                                                                                                                                   and/or go to the Dockets Management
                                                    program for the assessment of                            written/paper submissions): Dockets
                                                                                                                                                                   Staff, 5630 Fishers Lane, Rm. 1061,
                                                    companies that perform high-quality                      Management Staff (HFA–305), Food and
                                                                                                                                                                   Rockville, MD 20852.
                                                    software design and testing. This                        Drug Administration, 5630 Fishers
                                                                                                             Lane, Rm. 1061, Rockville, MD 20852.                  FOR FURTHER INFORMATION CONTACT:
                                                    voluntary pilot program is part of FDA’s
                                                    ongoing efforts to develop pragmatic                        • For written/paper comments                       Bakul Patel, Center for Devices and
                                                                                                             submitted to the Dockets Management                   Radiological Health, Food and Drug
                                                    approaches to balance benefits and risks                                                                       Administration, 10903 New Hampshire
                                                    of digital health products. FDA intends                  Staff, FDA will post your comment, as
                                                                                                             well as any attachments, except for                   Ave., Bldg. 66, Rm. 5458, Silver Spring,
                                                    to develop a precertification program                                                                          MD 20993, 301–796–5528, Bakul.Patel@
                                                    that could replace the need for a                        information submitted, marked and
                                                                                                             identified, as confidential, if submitted             fda.hhs.gov.
                                                    premarket submission in some cases
                                                                                                             as detailed in ‘‘Instructions.’’                      SUPPLEMENTARY INFORMATION:
                                                    and allow for decreased submission
                                                    content and/or faster review of                             Instructions: All submissions received
                                                                                                                                                                   I. Background
                                                    marketing applications for software                      must include the Docket No. FDA–
                                                                                                             2017–N–4301 for ‘‘Fostering Medical                      FDA recognizes that an efficient, risk-
                                                    products in other cases. During the pilot
                                                                                                             Innovation: A Plan for Digital Health                 based approach to regulating digital
                                                    program, FDA customers, including
                                                                                                             Devices; Software Precertification Pilot              health technology will foster innovation
                                                    pilot participants, will have the
                                                                                                             Program.’’ Received comments will be                  of digital health products. FDA’s
                                                    opportunity to provide input on the
                                                                                                             placed in the docket and, except for                  traditional approach to moderate and
                                                    development of the precertification
                                                                                                             those submitted as ‘‘Confidential                     higher risk hardware-based medical
                                                    program.
                                                                                                             Submissions,’’ publicly viewable at                   devices is not well suited for the faster
                                                    DATES:  FDA is seeking participation in                  https://www.regulations.gov or at the                 iterative design, development, and type
                                                    the voluntary Software Precertification                  Dockets Management Staff between 9                    of validation used for software products.
                                                    pilot program beginning August 1, 2017.                  a.m. and 4 p.m., Monday through                       An agile paradigm is necessary to
                                                    See the ‘‘Participation’’ section for                    Friday.                                               accommodate the faster rate of
                                                    instructions on how to submit a request                     • Confidential Submissions—To                      development and innovation of software
                                                    to participate. The voluntary Software                   submit a comment with confidential                    devices as compared to other types of
                                                    Precertification pilot program will select               information that you do not wish to be                devices. Traditional implementation of
                                                    up to nine participants who best match                   made publicly available, submit your                  the premarket requirements may impede
                                                    the selection criteria. This pilot program               comments only as a written/paper                      or delay patient access to critical
                                                    will begin September 1, 2017.                            submission. You should submit two                     evolutions of software technology,
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    ADDRESSES: You may submit comments                       copies total. One copy will include the               particularly those presenting a lower
                                                    as follows:                                              information you claim to be confidential              risk to patients. To evaluate a new
                                                                                                             with a heading or cover note that states              approach toward software, FDA is
                                                    Electronic Submissions                                   ‘‘THIS DOCUMENT CONTAINS                              launching a pilot of a precertification
                                                      Submit electronic comments in the                      CONFIDENTIAL INFORMATION.’’ The                       program for the assessment of
                                                    following way:                                           Agency will review this copy, including               companies that perform high-quality
                                                      • Federal eRulemaking Portal:                          the claimed confidential information, in              software design and testing. The
                                                    https://www.regulations.gov. Follow the                  its consideration of comments. The                    Software Precertification (Pre-Cert) pilot
                                                    instructions for submitting comments.                    second copy, which will have the                      program is part of FDA’s ongoing efforts


                                               VerDate Sep<11>2014   18:50 Jul 27, 2017   Jkt 241001   PO 00000   Frm 00045   Fmt 4703   Sfmt 4703   E:\FR\FM\28JYN1.SGM   28JYN1


                                                                                     Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices                                          35217

                                                    to develop pragmatic approaches within                   review. The criteria developed and                       b. Collect real-world postmarket
                                                    its existing authorities to optimally                    evaluated for precertification during the             performance data and provide it to FDA.
                                                    foster the development of high-quality,                  pilot program may also be used to                        c. Be available for real-time
                                                    safe and effective digital health products               inform the establishment of a third-                  consultations with FDA.
                                                    while assuring timely patient access.                    party certification program, in which                    d. Be available for site visits from
                                                    FDA has previously discussed the idea                    third parties may facilitate the                      FDA officials.
                                                    of a precertification program in various                 precertification of companies, and will                  e. Provide information about the
                                                    forums and invites further input from                    enable greater patient access to digital              firm’s quality management system.
                                                    all stakeholders throughout this pilot.                  health technologies and will allow the                B. Procedures
                                                    FDA intends to establish a process for                   Agency to devote more resources to the
                                                    company precertification that could                      evaluation of higher risk technologies/                 To be considered for the voluntary
                                                    replace the need for a premarket                         products.                                             Software Pre-Cert pilot program, a
                                                    submission for certain products or allow                    Companies are eligible to participate              company should submit a statement of
                                                    for decreased submission content and/or                  in this voluntary Software Pre-Cert pilot             interest for participation to FDAPre-
                                                    faster review of marketing submissions                   program based on the criteria listed in               CertPilot@fda.hhs.gov. The statement of
                                                    for other products. CDRH plans to select                 Section A. Participation. FDA will select             interest should include agreement to the
                                                    its first participants and initiate the                  up to nine participants, who best match               selection qualities listed in Section A.
                                                    voluntary Software Pre-Cert pilot                        the selection criteria and who reflect the            Participation.
                                                    program focusing on receiving input on                   broad spectrum of software developers                   The following captures the proposed
                                                    the activities and criteria critical to                  (e.g., both small and large software                  process for the voluntary Software Pre-
                                                    streamlining premarket review of                         development firms). FDA intends to                    Cert pilot program:
                                                    software products by September 1, 2017.                  include companies that develop a range                  1. FDA will collect statements of
                                                       FDA is issuing its Digital Health                     of products (both low and high risk) to               interest for participation in the pilot
                                                    Innovation Action Plan.1 The Action                      learn how to apply the Software Pre-                  program beginning August 1, 2017.
                                                    Plan presents FDA’s vision for the                       Cert program to different product types.                2. FDA will evaluate the statements of
                                                    regulation of digital health technologies                FDA also intends to include companies                 interest for participation and select no
                                                    that are medical devices and the actions                 that are not considered to be traditional             more than nine participants, who best
                                                    FDA intends to pursue to provide                         medical device manufacturers, but who                 meet the selection criteria and who
                                                    greater clarity regarding what types of                  intend to make digital health                         reflect the broad spectrum of software
                                                    digital health technology are subject to                 technology.                                           developers, including companies that
                                                    regulation. In the Action Plan, FDA                         The purpose of the Software Pre-Cert               develop a range of products (both low
                                                    describes a forward-leaning approach to                  pilot is to leverage customer input to                and high risk). FDA will work with the
                                                    ensure that we will implement the right                  develop a program that can help reduce                selected participants to develop criteria
                                                    policies and regulatory tools. The                       the time and cost of market entry for                 for precertification and the types of
                                                    Software Pre-Cert pilot program is one                   software developers that FDA                          information that should be reviewed
                                                    component of FDA’s comprehensive                         determines reliably manufacture high-                 during the precertification process or
                                                    approach to digital health medical                       quality, safe and effective digital health            postmarket, rather than during the
                                                    devices described in the Action Plan.                    devices. This voluntary pilot program                 review of a premarket submission.
                                                    FDA welcomes comments on the                             does not represent a new requirement;                   a. Depending on the stage of
                                                    policies, pathways, and regulatory tools                 instead, it is an opportunity to help FDA             development of the company’s software
                                                    the Agency should consider in                            develop an innovative approach for                    product, FDA will work interactively
                                                    designing a new paradigm for                             digital health technology.                            with the participating company through
                                                    overseeing digital health medical                                                                              the Q-submission process, including via
                                                    devices. (See information on how to                      A. Participation                                      Pre-Submissions, Informational
                                                    submit comments to the public docket                        Companies that may be eligible to                  Meetings, Submission Issue Meetings,
                                                    in the ADDRESSES section.)                               participate in this voluntary Software                etc. (Ref. 1).
                                                       The Software Pre-Cert pilot will help                 Pre-Cert pilot program are limited to                   3. Enrollment in the pilot program
                                                    inform the development of the Pre-Cert                   those firms who follow the procedures                 will be ongoing throughout the duration
                                                    program for software developers,                         set out in Section B and also meet the                of the program. FDA will apply lessons
                                                    including what criteria can be used to                   following selection qualities that follow.            learned from the initial participants in
                                                    assess whether a company consistently                       1. The company must be developing                  the pilot program to refine the
                                                    and reliably engages in high-quality                     or planning to develop a software                     precertification program in
                                                    software design and testing (validation)                 product that meets the definition of a                collaboration with participants.
                                                    and ongoing maintenance of its software                  device in section 201(h) of the Federal                 During this voluntary Software Pre-
                                                    products. FDA and companies                              Food, Drug, and Cosmetic Act (21 U.S.C.               Cert pilot program, CDRH staff intends
                                                    participating in the pilot program will                  321(h)).                                              to be available to answer questions or
                                                    explore the use of external software                        2. The company has an existing track               concerns that may arise. The voluntary
                                                    development standards to reduce                          record in developing, testing, and                    Software Pre-Cert pilot program
                                                    premarket software documentation                         maintaining software products                         participants will be asked to comment
                                                    burden. Precertified companies that                      demonstrating a culture of quality and                on and discuss their experiences with
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    have demonstrated a culture of quality                   organizational excellence measured and                the Software Pre-Cert pilot process.
                                                    and organizational excellence could                      tracked by Key Performance Indicators
                                                                                                                                                                   II. Beginning Date of the Software Pre-
                                                    bring certain types of digital health                    (KPIs) or other similar measures.
                                                                                                                3. While participating in the pilot, the           Cert Pilot Program
                                                    products to market without FDA
                                                    premarket review or after a streamlined,                 company must agree to:                                   FDA intends to accept requests for
                                                    less-burdensome FDA premarket                               a. Provide access to measures                      participation in the voluntary Software
                                                                                                             described in selection quality number 2,              Pre-Cert pilot program beginning August
                                                     1 Available at https://www.fda.gov/                     listed previously (KPIs or similar                    1, 2017. This pilot program will begin
                                                    MedicalDevices/DigitalHealth/UCM567265.                  measures).                                            September 1, 2017.


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                                                    35218                            Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Notices

                                                    III. Paperwork Reduction Act of 1995                       Catalog of Federal Domestic                         community responses to American
                                                       This notice refers to previously                      Assistance Number (CFDA): 93.933.                     Indian/Alaska Native (AI/AN) victims of
                                                    approved collections of information                                                                            domestic and sexual violence.
                                                                                                             Key Dates
                                                    found in FDA regulations. These                                                                                  2. Increase access to domestic and
                                                                                                               Application Deadline Date: August                   sexual violence prevention, advocacy,
                                                    collections of information are subject to
                                                                                                             31, 2017.                                             crisis intervention, and behavioral
                                                    review by the Office of Management and                     Review Date: September 11, 2017.
                                                    Budget (OMB) under the Paperwork                                                                               health services for AI/AN victims and
                                                                                                               Earliest Anticipated Start Date:                    their families.
                                                    Reduction Act of 1995 (44 U.S.C. 3501–                   September 30, 2017.
                                                    3520). The collections of information in                                                                         3. Promote trauma-informed services
                                                                                                               Signed Tribal Resolutions Due Date:
                                                    21 CFR part 807, subpart E have been                                                                           for AI/AN victims of domestic and
                                                                                                             August 31, 2017.
                                                    approved under OMB control number                          Proof of Non-Profit Status Due Date:                sexual violence and their families.
                                                    0910–0120; the collections of                            August 31, 2017.                                        4. Offer health care provider and
                                                    information in 21 CFR part 814,                                                                                community education on domestic and
                                                    subparts A through E have been                           I. Funding Opportunity Description                    sexual violence.
                                                    approved under OMB control number                        Statutory Authority                                     5. Respond to the health care needs of
                                                    0910–0231; the collections of                                                                                  AI/AN victims of domestic and sexual
                                                                                                               The Indian Health Service (IHS),                    violence.
                                                    information in 21 CFR part 820 have                      Office of Clinical and Preventive
                                                    been approved under OMB control                                                                                  6. Incorporate culturally appropriate
                                                                                                             Services (OCPS), Division of Behavioral               practices and/or faith-based services for
                                                    number 0910–0073; and the collections                    Health (DBH) is accepting applications
                                                    of information in ‘‘Requests for                                                                               AI/AN victims of domestic and sexual
                                                                                                             for a three-year funding cycle, to                    violence.
                                                    Feedback on Medical Device                               continue the planning, development,
                                                    Submissions: The Pre-Submission                                                                                  To accomplish the DVPI goals, IHS
                                                                                                             and implementation of the Domestic                    invites applicants to address one of the
                                                    Program and Meetings with Food and                       Violence Prevention Initiative (DVPI).
                                                    Drug Administration Staff’’ have been                                                                          Purpose Areas below:
                                                                                                             This program was first established by
                                                    approved under OMB control number                        the Omnibus Appropriations Act of                     • Purpose Area 1: Domestic and Sexual
                                                    0910–0756.                                               2009, Public Law 111–8, 123 Stat. 524,                  Violence Prevention, Advocacy, and
                                                                                                             735, and continued in the annual                        Coordinated Community Responses
                                                    IV. Reference
                                                                                                             appropriations acts since that time. This             • Purpose Area 2: Provide Forensic
                                                       The following reference is on display                                                                         Health Care Services
                                                    in the Dockets Management Staff (see                     program is authorized under the
                                                    ADDRESSES) and is available for viewing
                                                                                                             authority of 25 U.S.C. 13, the Snyder                 Evidence-Based Practices, Practice-
                                                    by interested persons between 9 a.m.                     Act, and the Indian Health Care                       Based Evidence, Promising Practices,
                                                    and 4 p.m., Monday through Friday; it                    Improvement Act, 25 U.S.C. 1601–1683.                 and Local Efforts
                                                    is also available electronically at https://             This program is described in the Catalog
                                                                                                             of Federal Domestic Assistance under                    IHS strongly emphasizes the use of
                                                    www.regulations.gov. FDA has verified                                                                          data and evidence in policymaking and
                                                    the Web site address, as of the date this                93.933.
                                                                                                                                                                   program development and
                                                    document publishes in the Federal                        Background                                            implementation. Applicants under each
                                                    Register, but Web sites are subject to                      The DBH serves as the primary source               Purpose Area must identify one or more
                                                    change over time.                                        of national advocacy, policy                          evidence-based practice, practice-based
                                                    1. ‘‘Requests for Feedback on Medical Device             development, management and                           evidence, best or promising practice,
                                                          Submissions: The Pre-Submission                    administration of behavioral health,                  and/or local effort they plan to
                                                          Program and Meetings with Food and                 alcohol and substance abuse, and family               implement in the Project Narrative
                                                          Drug Administration Staff; Guidance for                                                                  section of their application. The DVPI
                                                          Industry and Food and Drug
                                                                                                             violence prevention programs. In 2015,
                                                                                                             DBH funded 57 Tribes, Tribal                          program Web site (https://www.ihs.gov/
                                                          Administration Staff,’’ February 2014,
                                                          available at https://www.fda.gov/ucm/              organizations, Urban Indian                           dvpi/bestpractices/) is one resource that
                                                          groups/fdagov-public/@fdagov-meddev-               Organization (UIOs), and IHS federal                  applicants may use to find information
                                                          gen/documents/document/                            facilities that participate in a nationally           to build on the foundation of prior
                                                          ucm311176.pdf.                                     coordinated project to expand outreach                domestic and sexual violence
                                                                                                             and increase awareness of domestic and                prevention and treatment efforts, in
                                                      Dated: July 24, 2017.                                                                                        order to support the IHS, Tribes, Tribal
                                                                                                             sexual violence and provide victim
                                                    Leslie Kux,                                              advocacy, intervention, case                          organizations, and UIOs in developing
                                                    Associate Commissioner for Policy.                       coordination, policy development,                     and implementing Tribal and/or
                                                    [FR Doc. 2017–15891 Filed 7–27–17; 8:45 am]              community response teams, and                         culturally appropriate domestic and
                                                    BILLING CODE 4164–01–P                                   community and school education                        sexual violence prevention and early
                                                                                                             programs. The DVPI promotes the                       intervention strategies.
                                                                                                             development of evidence-based and                     Purpose Areas
                                                    DEPARTMENT OF HEALTH AND                                 practice-based models that represent
                                                    HUMAN SERVICES                                           culturally appropriate prevention and                   Purpose Area 1: Domestic and Sexual
                                                                                                             treatment approaches to domestic and                  Violence Prevention, Advocacy, and
                                                    Indian Health Service                                                                                          Coordinated Community Responses.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                             sexual violence from a community-
                                                                                                             driven context.                                       IHS is seeking applicants to address the
                                                    Division of Behavioral Health, Office of                                                                       following broad objectives:
                                                    Clinical and Preventive Services;                        Purpose                                                 • Expand crisis intervention,
                                                    Funding Opportunities: Domestic                                                                                counseling, advocacy, behavioral health,
                                                                                                                The primary purpose of this grant
                                                    Violence Prevention Initiative                                                                                 and case management services to
                                                                                                             program is to accomplish the DVPI goals
                                                     Announcement Type: New.                                 listed below:                                         victims of domestic and sexual violence;
                                                     Funding Announcement Number:                               1. Build Tribal, UIO, and Federal                    • Foster coalitions and networks to
                                                    HHS–2017–IHS–DVPI–0001.                                  capacity to provide coordinated                       improve coordination and collaboration


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Document Created: 2017-07-28 03:09:54
Document Modified: 2017-07-28 03:09:54
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.
DatesFDA is seeking participation in the voluntary Software Precertification pilot program beginning August 1, 2017. See the ``Participation'' section for instructions on how to submit a request to participate. The voluntary Software Precertification pilot program will select up to nine participants who best match the selection criteria. This pilot program will begin September 1, 2017.
ContactBakul Patel, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5458, Silver Spring, MD 20993, 301-796-5528, [email protected]
FR Citation82 FR 35216 

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