Section 22-B10619. DESIGNATION OF HUMANITARIAN USE DEVICES STATUS

 

10619.1Prior to submitting an HDE application, the applicant shall submit a request for humanitarian use devices (HUD) designation to the Department. The request shall contain the following:

 

(a) A statement that the applicant requests HUD designation for a rare disease or condition or a valid subset of a disease or condition which shall be identified with specificity;

 

(b) The name and address of the applicant, the name of the applicant's primary contact person or resident agent, including title, address, and telephone number;
 

(c)A description of the rare disease or condition for which the device is to be used, the proposed indication or indications for use of the device, and the reasons why such therapy is needed. If the device is proposed for an indication that represents a subset of a common disease or condition, a demonstration that the subset is medically plausible should be included;
 

(d)A description of the device and a discussion of the scientific rationale for the use of the device for the rare disease or condition; and

 

(e)Documentation, with appended authoritative references, to demonstrate that the device is designed to treat or diagnose a disease or condition that affects or is manifested in fewer than four thousand (4,000) people in the United States per year. If the device is for diagnostic purposes, the documentation must demonstrate that fewer than four thousand (4,000) patients per year would be subjected to diagnosis by the device in the United States. Authoritative references include literature citations in specialized medical journals, textbooks, specialized medical society proceedings, or governmental statistics publications. When no such studies or literature citations exist, the applicant may be able to demonstrate the prevalence of the disease or condition in the United States by providing credible conclusions from appropriate research or surveys.

 

10619.2Within forty-five (45) days of receipt of a request for HUD designation, the Department will take one (1) of the following actions:

 

(a) Approve the request and notify the applicant that the device has been designated as a HUD based on the information submitted;

 

(b) Return the request to the applicant pending further review upon submission of additional information. This action will ensue if the request is incomplete because it does not on its face contain all of the information required under § 10619.1(a). Upon receipt of this additional information, the review period may be extended up to forty five (45) days; or

 

(c) Disapprove the request for HUD designation based on a substantive review of the information submitted.  The Department may disapprove a request for HUD designation if:

 

(1) There is insufficient evidence to support the estimate that the disease or condition for which the device is designed to treat or diagnose affects or is manifested in fewer than four thousand (4,000) people in the U.S. per year;

 

(2) The Department determines that, for a diagnostic device, four thousand (4,000) or more patients in the United States would be subjected to diagnosis using the device per year; or

 

(3)The Department determines that the patient population defined in the request is not a medically plausible subset of a larger population.
 

10619.3The Department may revoke a HUD designation if the agency finds that:

 

(a) The request for designation contained an untrue statement of material fact or omitted material information; or

 

(b)Based on the evidence available, the device is not eligible for HUD designation.
 

10619.4The applicant shall submit two (2) copies of a completed, dated, and signed request for HUD designation to the Department.

 

 

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).