Section 22-B10618. PURPOSE AND SCOPE

 

10618.1The purpose of this section is, to the extent consistent with the protection of the public health and safety and with ethical standards, to encourage the discovery and use of devices intended to benefit patients in the treatment or diagnosis of diseases or conditions that affect or are manifested in fewer than four thousand (4,000) individuals in the United States per year. This section provides procedures for obtaining:

 

(a) Humanitarian use device (HUD) designation of a medical device; and

 

(b)Marketing approval for the HUD notwithstanding the absence of reasonable assurance of effectiveness that would otherwise be required.
 

10618.2Although a HUD may also have uses that differ from the humanitarian use, applicants seeking approval of any non-HUD use shall submit a PMA as required in § 10606 or a premarket notification as required in Chapter 105.

 

10618.3Obtaining marketing approval for a HUD involves two (2) steps:

 

(a) Obtaining designation of the device as a HUD from DOH, and

 

(b) Submitting a humanitarian device exemption (HDE) to the Department.

 

10618.4A person granted an exemption shall submit periodic reports as described in § 10632.1.
 

10618.5The Department may suspend or withdraw approval of an HDE after providing notice and an opportunity for an informal hearing.

 

 

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).