Section 22-B10521. DEPARTMENT OF HEALTH ACTION ON A PREMARKET NOTIFICATION

 

10521.1After review of a premarket notification, the Department will:

 

(a) Issue an order declaring the device to be substantially equivalent to a legally marketed predicate device;

 

(b) Issue an order declaring the device to be not substantially equivalent to any legally marketed predicate device;

 

(c) Request additional information;

 

(d) Withhold the decision until a certification or disclosure statement is submitted to the Department; or

 

(e) Advise the applicant that the premarket notification is not required.  Until the applicant receives an order declaring a device substantially equivalent, the applicant may not proceed to market the device.

 

10521.2The Department will determine that a device is substantially equivalent to a predicate device using the following criteria:

 

(a)The device has the same intended use as the predicate device; and
 

(b)The device:

 

(1)Has the same technological characteristics as the predicate device; or
 

(2)The device:

 

(A)Has different technological characteristics, such as a significant change in the materials, design, energy source, or other features of the device from those of the predicate device;
 

(B) The data submitted establishes that the device is substantially equivalent to the predicate device and contains information, including clinical data if deemed necessary by the DOH, that demonstrates that the device is as safe and as effective as a legally marketed device; and
 

(C) Does not raise different questions of safety and effectiveness than the predicate device; and

 

(3) The predicate device has not been removed from the market at the initiative of the DOH or has not been determined to be misbranded or adulterated by a judicial order. 

 

 

authority

Section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code § 47-2885.18(a)(3) (2005 Repl.)); Mayor’s Order 98-48, dated April 15, 1998; Section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731 (2008 Repl.)); Section 15 of the District of Columbia Medical Device Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 (D.C. Law 8-137; D.C. Official Code § 48-714(a) (2005 Repl.)); and Mayor’s Order 98-88, dated May 29, 1998.

source

Final Rulemaking published at 60 DCR 10252 (July 12, 2013).