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  • 1.  investigational uncleared device - IRB review & tracking

    This message was posted by a user wishing to remain anonymous
    Posted 29-Aug-2018 09:08
    This message was posted by a user wishing to remain anonymous

    ​​I was asked by a member of the research team whether we needed to submit our routine expanded access compassionate device request through our e-mostly research & some EAP project tracking system and have IRB review. The research team member mentioned the IRB Chair had already said it was okay but there is nothing logged in our e-system. The NSR device is still investigational and non-cleared, submission has not even started yet. Normally these EAP types of requests follow a set process including IRB review and e-system logging. One of the investigators indicated no IRB was needed and no e-system was needed.

    The Agency guidance doc contains a statement about NSR devices:

    From FDA guidance -https://www.fda.gov/downloads/regulatoryinformation/guidances/ucm127067.pdf (pg 9) B. Non-Significant Risk Device Studies: An NSR device is an investigational device that does not meet the definition of a significant risk device. If an IRB finds that an investigational medical device study poses a NSR, the sponsor does not need to submit an IDE to FDA before starting the study. If the IRB determines that the proposed study is an NSR study, the IRB may proceed to review the study under 21 CFR 56.109 and 21 CFR 56.111. FDA considers an NSR device study to have an approved IDE after IRB approval and when sponsors meet the abbreviated requirements at 21 CFR 812.2(b). Consequently, in most cases, FDA is not aware of non-significant risk device studies.


    Is this permissible? To use an investigational device without IRB review & approval? Thank you!


  • 2.  RE: investigational uncleared device - IRB review & tracking

    Posted 30-Aug-2018 04:46
    The simple answer is no.  Use of any investigation medical device on a human subject requires IRB or Ethics Committee approval prior to use.  As you are discussing Non-Significant Risk (NSR) this might be getting confused with FDA approval of an investigational device.  An NSR device requires minimum IRB approval.  A Significant Risk (SR) device requires both IRB approval and FDA approval through an IDE.  I hope that understood your situation and question correctly, when you are talking about an e-system, not sure that reference.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 3.  RE: investigational uncleared device - IRB review & tracking

    This message was posted by a user wishing to remain anonymous
    Posted 04-Sep-2018 11:39
    This message was posted by a user wishing to remain anonymous

    ​Thank you Richard Vincins,

    This is an investigational uncleared device and it does require IRB review, it has IRB Chair concurrence based on an email, but that was all. Not sure why last week this was sufficient after much discussion with many. This week it is going through IRB review per routine investigational products under EAP treatment use. Appreciate your time and response!


  • 4.  RE: investigational uncleared device - IRB review & tracking

    Posted 30-Aug-2018 08:38
    I do not think we can give you an exact answer right away. Before deciding whether IRB is required or not one has to look at the protocol and the procedures involved.

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    Artur Shchukin
    New York NY
    United States
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  • 5.  RE: investigational uncleared device - IRB review & tracking

    Posted 31-Aug-2018 12:41
     IRB review is must for every investigational medical device SR or NSR determination.

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    Amit Jain
    United States
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  • 6.  RE: investigational uncleared device - IRB review & tracking

    Posted 01-Sep-2018 10:48
    I disagree with Amit. You may get exemptions in some instances.

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    Artur Shchukin
    New York NY
    United States
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  • 7.  RE: investigational uncleared device - IRB review & tracking

    Posted 04-Sep-2018 11:09

    Hi Arthur,
    If you are talking about studies exempt from the IDE regulations, for those studies IRB review is still required.
    FYI: FDA guidance document.


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    Amit Jain
    United States
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  • 8.  RE: investigational uncleared device - IRB review & tracking

    This message was posted by a user wishing to remain anonymous
    Posted 04-Sep-2018 11:39
    This message was posted by a user wishing to remain anonymous

    ​Thank you Amit Jain! That was my determination however I was getting push back due to the NSR determination. Appreciate your response very much! Cheers.