[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)] [Notices] [Pages 10640-10641] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-5519] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. 98D-0132] FDA Modernization Act of 1997: Guidance on Medical Device Tracking; Availability AGENCY: Food and Drug Administration ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled ``Guidance on Medical Device Tracking.'' This guidance is intended to provide guidelines to manufacturers and distributors about their responsibilities for medical device tracking under the Food, Drug and Cosmetic Act (the act), as amended by the Food and Drug Administration Modernization Act (FDAMA). This guidance addresses what statutory and regulatory tracking requirements have changed and what requirements remain the same under the FDAMA amendments. The agency requests comments on this guidance. Elsewhere, in this issue of the Federal Register, FDA is announcing new orders to manufacturers of devices that were subject to tracking. DATES: Written comments concerning this guidance must be received by May 4, 1998. ADDRESSES: Submit written comments to the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857. Comments should be identified with the docket number found in brackets in the heading of this document. Submit written requests for single copies of the ``Guidance on Medical Device Tracking'' (available on 3.5'' diskette) to the Division of Small Manufacturers Assistance, Center for Devices and Radiological Health (HFZ-220), Food and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send two self-addressed adhesive labels to assist that office in processing your request, or fax your request to 301-443-8818. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. FOR FURTHER INFORMATION CONTACT: Casper E. Uldriks, Center for Devices and Radiological Health (HFZ-300), Food and Drug Administration, 2098 Gaither Rd., Rockville, MD 20850, 301-594-4692. SUPPLEMENTARY INFORMATION: I. Background Section 211 of the Food and Drug Administration Modernization Act (Pub. L. 105-115) (FDAMA) amended the tracking provisions of section 519(e) of the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 360i(e)), authorizing FDA to order manufacturers to track devices meeting criteria established under FDAMA. These amendments became effective on February 19, 1998. This guidance explains device tracking under section 519(e) of the act, as amended by FDAMA, including: (1) Changes in the criteria requiring devices to be tracked; (2) the rights of patients to refuse to disclose identifying information; (3) the discretion FDA has in issuing tracking orders; (4) FDA review and reconsideration of devices meeting tracking criteria; and (5) the application of certain requirements in the agency's existing tracking regulations in 21 CFR part 821. This guidance represents the agency's current thinking on medical device [[Page 10641]] tracking under tracking provisions revised by FDAMA. It does not create or confer any rights for, or on, any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the applicable statute, regulations, or both. This is a Level 1 guidance. Public comment prior to implementation of this guidance document is not required because the guidance is needed to implement new statutory tracking requirements enacted by FDAMA. The agency is providing for a comment period of 60 days after the date of publication of the Federal Register notice of availability for the document. II. Electronic Access In order to receive the guidance entitled ``Guidance on Medical Device Tracking'' via your fax machine, call the CDRH Facts-On-Demand (FOD) system at 800.899.0381 or 301.827.0111 from a touch-tone telephone. At the first voice prompt press 1 to access DSMA Facts, at the second voice prompt press 2, and then enter the document number (169) followed by the pound sign (#). Then follow the remaining voice prompts to complete your request. Persons interested in obtaining a copy of the guidance may also do so by using the World Wide Web (WWW). The Center for Devices and Radiological Health (CDRH) maintains an entry on the WWW for easy access to information including text, graphics, and files that may be downloaded to a PC with access to the WWW. Updated on a regular basis, the CDRH Home Page includes ``Guidance on Medical Device Tracking,'' device safety alerts, Federal Register reprints, information on premarket submissions (including lists of approved applications and manufacturers' addresses), small manufacturers' assistance, information on video conferencing and electronic submissions, mammography matters, and other device-oriented information. The CDRH home page may be accessed at http://www.fda.gov/cdrh. ``Guidance on Medical Device Tracking'' will be available at http://www.fda.gov/cdrh. A text-only version of the CDRH Web site is also available from a computer or VT-100 compatible terminal by dialing 800-222-0185 (terminal settings are 8/1/N). Once the modem answers, press Enter several times and then select menu choice 1: FDA BULLETIN BOARD SERVICE. From there follow instructions for logging in, and at the BBS TOPICS PAGE, arrow down to the FDA home page (do not select the first CDRH entry). Then select Medical Devices and Radiological Health. From there select CENTER FOR DEVICES AND RADIOLOGICAL HEALTH for general information, or arrow down for specific topics. III. Comments Interested persons may, by or before May 4, 1998 submit to the Dockets Management Branch (address above) written comments regarding this guidance. Two copies of any comments are to be submitted, except that individuals may submit one copy. Comments are to be identified with the docket number found in brackets in the heading of this document. The guidance document and received comments may be seen in the Dockets Management Branch between 9 a.m. and 4 p.m., Monday through Friday. Dated: February 25, 1998. D.B. Burlington, Director, Center for Devices and Radiological Health. [FR Doc. 98-5519 Filed 2-27-98; 3:14 pm] BILLING CODE 4160-01-F