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  • 1.  EUA Timeline

    This message was posted by a user wishing to remain anonymous
    Posted 07-May-2020 08:53
    This message was posted by a user wishing to remain anonymous

    Hello,

    Does anyone know how long FDA's EUA process takes for approval compared to a 510k.  EUA seems to ask a lot of the same information that a 510k requests so not clear on what the benefits are or if it's worthwhile.  I assume you will eventually have to achieve traditional market clearance at some point.

    Any insight would be most appreciated.

    Thank you.


  • 2.  RE: EUA Timeline

    Posted 08-May-2020 14:33
    Hello,

    The EUA is much faster than the 510(k) process.  However, the EUA intended uses are only authorized during the state of emergency.  Once the state of emergency ends so does your authorization for the EUA intended uses.  The 510(k) clearance is permanent and authorizes the product with its cleared intended uses, to be put into interstate commerce.

    Hope that helps.

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    William Coulston PMP, MS, RAC
    Quality & Regulatory Manager
    San Antonio TX
    United States
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  • 3.  RE: EUA Timeline

    Posted 09-May-2020 03:08
    Edited by Richard Vincins 09-May-2020 03:09
    Yes, you will need to achieve a 510(k) clearance after the emergency use has been officially ended by the FDA as William mentions.  Much of the information is the same, but the review process is intended to be expedited.  If you want to continue selling the product in the United States after the emergency use, you should really submit a 510(k) now; while the virus issue may continue for a few months it will take a few months for 510(k) clearance.  And if you have an EUA Approval this really is not going to have much impact on a later 510(k) submission.

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    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 4.  RE: EUA Timeline

    Posted 10-May-2020 14:48
    Edited by Julie Omohundro 10-May-2020 15:08

    Depending on the product, there might be no rush.  When asked about "long-term authorization" (?) in FDA's April 15 Town Hall Meeting on lab tests, Tim Stenzel said that he didn't expect the emergency declaration to be withdrawn any time soon, at least years. (As in “four,” maybe?)

    With respect to tests, he also stated that any further...whatever (geez, again?)...would be reviewed "very carefully." (The difference is more in the review than in the information requested.)  And, just to be clear, he added that any decision resulting from that very careful review would be made "extremely carefully."  The person who asked the question to which Stenzel was responding asked about a 510(k). In his response, Stenzel said nothing about a 510(k), but he did mention "De novo."

    https://www.fda.gov/media/137136/download (see p. 18)

    My takeaway is that FDA (and maybe others) would strongly prefer to leave all of these "expeditiously reviewed"....lab thingies (sigh)...out there and not have to review them less than expeditiously in the foreseeable future.

    If your…thingie…isn’t a test, then none of this might apply, except for the emergency lasting for years.  Even then, they could decide that the emergency is now code yellow instead of code red, so that some lower risk devices can no longer be used for the emergency, even though it isn’t over.

    If you really want to hedge your bets, and are willing to risk annoying Tim by submitting something anyway, I might aim to post it on the first Wednesday in November.  Unless everyone is busy counting chads or petitioning the Supreme Court or otherwise enjoying our great democracy.  Hmm.  Maybe you should just aim to get all your ducks in a row and be ready to start compiling it promptly on the first Wednesday instead.

    - If things don't change, it's unlikely to annoy Tim any more if you submit it in November than if you submit it earlier than that, and an earlier submission might just sit around waiting for someone to be assigned to carefully review it, then enjoy a long and careful review, and grow old waiting for someone to make an extremely careful decision. While you sit around watching pigs fly by.

    - If things should change, then it will be early in queue for an "non-expeditious" and perhaps not quite so careful review, leading perhaps to a not so extremely careful decision, should that be one of the things that change.

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    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Mebane, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
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  • 5.  RE: EUA Timeline

    This message was posted by a user wishing to remain anonymous
    Posted 11-May-2020 09:01
    This message was posted by a user wishing to remain anonymous

    This is helpful.  It sounds like whenever the pandemic ends, you will need to get a 510k anyway so the "value" of the EUA now would be limited even if it's faster.  You also have to be ready to submit for either pathway which we are not.

    Thank you William and Richard for your insight.


  • 6.  RE: EUA Timeline

    Posted 10-May-2020 10:03
    Hello:
    FDA has been granting EUAs at a lightning speed, and from what I can tell, they have dedicated a significant amount of resources. If you have a device or diagnostic that offers a favorable benefit-risk balance, the process can be very fast. Based on what I heard in FDA's Town Halls, there are certain areas of need that will likely receive a high priority - antigen tests, in-home tests, saliva sample collection, PPE etc. You can engage with the FDA using the pre-EUA process to learn how to prioritize data collection for expedited authorization.

    If your device or diagnostic can offer a significant benefit during the current Covid-19 crisis, the EUA is very worthwhile even if you get authorization for the limited intended use or labeling restrictions. 

    As others have mentioned, you will need to seek normal 510k clearance after the Emergency is declared over. But as we know, this could be a while in the current situation. In the meantime, you will be able to get real-world data that can support the future application.

    Good luck/.


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    Naveen Agarwal
    Jacksonville FL
    United States
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