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  • 1.  Device Establishment Registration - Specification Developers

    Posted 20-Aug-2015 09:50

    I am interested in understanding FDA's expectations for registering device establishments, particularly as Specification Developers.

    Design controls done well (usually) is a collaborative process.  In a medium or large company, a design project may draw upon experts from many sites or locations.  These sites may not be otherwise involved in the manufacture or service of the device under development.  Is it the expectation of FDA that each establishment with one or more involved person be registered as a Specification Developer?

    I can find very little information about this in the guidance or on FDA's web site.  I do note that FDA has included a category of "Specification Consultant" on the Registration web page and those persons are not required to register or list.  Unfortunately the term Specification Consultant is not defined and there are certainly other design related activities (verification and validation, for example) that may not be considered 'spec. consulting'.

    It may be that this issue is complicated by our modern ways of working today, with many technical professionals widely dispersed; often working remotely with no established place of business.  I find it difficult to believe FDA really expects a proliferation of establishment registrations from minor participants scattered around the globe.  But I have not heard them speak to this topic.

    Your insights are appreciated.

    ------------------------------
    [David] [Ledwig] [RAC]
    [Principal Consultant]
    [Practical Complliance, LLC]
    [Brevard] [NC]
    [USA]
    ------------------------------



  • 2.  RE: Device Establishment Registration - Specification Developers

    Posted 21-Aug-2015 17:14

    The role of a specification developer is shown on the Registration & Listing website, UCM053165. A specification developer develops specifications and markets the device, but does not manufacture it. The specification developer pairs with a contract manufacturer that manufactures the device. Both parties must register and list.

    Don’t confuse design control with the role of the specification developer. The specification developer holds the 510(k), puts its own name on the label, and encodes its name in the device identifier.

    The specification developer could design the device, contract portions of the design, etc. In general, consultants and these contractors don’t have to register and list. However, they are subject to Supplier Management in 820.50.

    In the traditional model, one company designs the device, makes and obtains the pre-market submission, and manufactures the device. In this scenario a company could have utilized consultants, but FDA does not regulate consultants. FDA has split out some kinds of manufacturers for registration and listing, but has not changed its position on consultants.

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    Dan O'Leary
    Swanzey NH
    United States
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  • 3.  RE: Device Establishment Registration - Specification Developers

    Posted 21-Aug-2015 23:05

    I'm inclined to think FDA probably muddied the semantic waters a bit when it used the term "develop."  I think the "developer" is actually the entity that signs off on the specifications, even if not a single employee of the entity did any actual development at all.

    Dan?

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    Julie Omohundro RAC
    Durham NC
    United States
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  • 4.  RE: Device Establishment Registration - Specification Developers

    Posted 22-Aug-2015 06:08

    Here are the definitions from the FDA website ucm053165.

    Specification Developer - Develops specifications for a device that is distributed under the establishment's own name but performs no manufacturing. This includes establishments that, in addition to developing specifications, also arrange for the manufacturing of devices labeled with another establishment’s name by a contract manufacturer.

    Contract Manufacturer - Manufactures a finished device to another establishment's specifications.

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    Dan O'Leary
    Swanzey NH
    United States
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  • 5.  RE: Device Establishment Registration - Specification Developers

    Posted 22-Aug-2015 12:51
    David,

    As for your statements "It may be that this issue is complicated by our modern ways of working today, with many technical professionals widely dispersed; often working remotely with no established place of business.  I find it difficult to believe FDA really expects a proliferation of establishment registrations from minor participants scattered around the globe."

    As far as ER is concerned, it is straightforward as follows.

    1. whether it is a business entity (not individual consultant level)
    2. what the entity intends to do (e.g., activity/action), prospectively speaking (except outsourcing compounding facility, which includes some period of retrospective activity)
    3. choose all categories it applies (as a manufacturer, CMO, AND/OR specification developer, etc.)

    For those in drug/pharma industry regarding drug establishment registration, there have been some recent changes.  Please refer to http://fdaguidance.net/2015/05/important-changes-to-the-fda-registration-requirement/

    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.





  • 6.  RE: Device Establishment Registration - Specification Developers

    Posted 23-Aug-2015 13:07


    David, Dan and Julie,

    Thank you for your comments.  I believe I understand the regulatory definition of Specification Developer.  I think I can apply the definition to the related activities.  The two roles included in the definition: 1) the development of specifications, and 2) arranging for the manufacturing by a contract manufacturer are reasonably straightforward.

    But my establishment registration question is related to both activities and geography.  Let me propose a hypothetical but common situation:

    Company X, a firm with ten sites, undertakes the development of a new device.  The company does not plan to manufacture the device itself.  All ten sites are under the corporate umbrella (no contractors or consultants). All ten sites participate in the project.

    • One site is the project lead.  It has final authority over the project.  It prepares schedules and plans, authorizes specifications and reviews and approves verification and validation plans and results.
    • Four other sites participate by designing components.
    • The five remaining sites participate by preparing and executing verification and validation activities (which may contribute to revisions of specifications).

    So my question is: How many of these sites should be registered with FDA as specification developers?

    • One, because the project is under the full control of the lead site and its QMS.  (We might use the term "design authority" to describe the lead site, though the term is not used in the regulation).
    • Five (1 + 4), because these sites are all developing specifications.
    • All ten, because all sites have influence over the specifications.

    My experience is that it is most common that the "design authority" is the single registered establishment.  Absent guidance from the agency, my admittedly strict interpretation is that all ten sites are obligated to register.  I would welcome any further shared insight or experience.

    ------------------------------
    [David] [Ledwig] [RAC]
    [Principal Consultant]
    [Practical Complliance, LLC]
    [Brevard] [NC]
    [USA]
    ------------------------------




  • 7.  RE: Device Establishment Registration - Specification Developers

    Posted 23-Aug-2015 15:09

    The key to the specification developer role is who holds the 510(k). In your case, only one site. From the definition it is the company that “distributes the device under its own name”.

    A choice you offered is “One, because the project is under the full control of the lead site and its QMS.” I agree that this one site is the specification developer as long it is the site the markets the device.

    Under 820.1(a)(1), that site can tailor QSR for the role. The relevant sentence is “If a [firm] engages in only some operations subject to the requirements in this part, and not in others, that [firm] need only comply with those requirements applicable to the operations in which it is engaged.” One there other side, there is a contract manufacturer making a finished device who must also register, list, and implement QSR.


    Now, I’ll address a question you didn’t ask. You said, “Company X, a firm with ten sites, undertakes the development of a new device. The company does not plan to manufacture the device itself. All ten sites are under the corporate umbrella (no contractors or consultants). All ten sites participate in the project.”

    As above, one of the ten sites is the lead, has responsibility for the design, and registers as a specification developer. The other nine sites are suppliers to the lead site and must be evaluated, selected, and managed under 820.50. From the FDA position, the corporate relationship is not relevant. The assumption, and rule of thumb, is that each of the nine sites has a QMS that is independent of the lead site. In terms of 820.50 each site is a supplier that provides a service. (Unfortunately, QSR does not define the terms suppliers, contractors, and consultants.)

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

    Dan O'Leary
    Swanzey NH
    United States
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  • 8.  RE: Device Establishment Registration - Specification Developers

    Posted 23-Aug-2015 16:16

    I thought about my answer and have a different way to explain it. The key is to identify the company that distributes the device under its own name.

    In your case there would be only one, none of the other nine perform this role. Call it Company A.

    Does Company A manufacture the finished device?
    If yes, Company A registers and lists as a manufacturer
    If no, Company A registers and lists as a specification developer.

    Somebody must make the device, and if Company A doesn’t they must find a company that does. Call them Company J.

    In order to manufacture the device, Company J must have a set of specifications. These come from the specification developer, Company A.

    Company J is a contractor that provides product to Company A, so must be managed under 820.50.

    Company J also has a relationship with FDA, and must register as a contract manufacturer, list, implement QSR, and implement MDR.

    Company A also has a relationship with FDA, and must register as a specification developer, list, implement QSR, and implement MDR.

    The other nine companies do not have a relationship with FDA, in this scenario. However, they are service suppliers to Company A and come under Company A’s supplier management program in 820.50.

    The next question is why must Company J implement MDRs. In particular, is it really a requirement especially after the switch to eMDR on August 14? I’m happy to explain if you don’t know. This should be a criterion for supplier selection.



    ------------------------------
    Dan O'Leary
    Swanzey NH
    United States
    ------------------------------




  • 9.  RE: Device Establishment Registration - Specification Developers

    Posted 23-Aug-2015 16:13
    David,

    For you to clearly get to the bottom of each situation, what it is imperative is to establish an overarching business plan integrating all sites no matter how many in view of the following.
    • DUNS numbers for each of ten sites or just one site only?
    • based on the type of activity performed at each establishment
    • you need to choose all categories for each establishment
    According to 21 USC 360(d), it reads as follows:
    • Every person duly registered....shall immediately register with the Secretary any additional establishment which he owns or operates in any State and in which he begins the manufacture, preparation, propagation, compounding, or processing of a drug or drugs or a device or devices.
    With the statutory requirements in mind, you would need to read "who must register, list and pay the fee" at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/HowtoMarketYourDevice/RegistrationandListing/ucm053165.htm

    As an example, for one of your sites (say, No. #4 of Company X), if it is a sister supplier providing you:
    • with accessories or components that are packaged or labeled for commercial distribution for health-related purposes to an end user as well -REQUIRED TO REGISTER, LIST AND PAY!
    • with components that are distributed only to Company X (the project lead site) or a finished device manufacturer - NOT REQUIRED TO REGISTER, LIST AND PAY!
    s/ David
    ____________________________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    President and CEO | REGULATORY DOCTOR and GCS
    Phone (Toll-Free): 1-(800) 321-8567


    "Knowledge is power only when it is practiced and put into action." - Regulatory Doctor

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.