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AI in Cutting-Edge Medical Devices: Strategies for Navigating the Streamlined FDA Approval Process

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, January 18, 2024

Recorded event now available

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This CLE webinar will guide healthcare practitioners through the FDA approval process for AI medical devices including Software as a Medical Device (SaMD) and the attempts by the FDA to streamline the regulatory process. The panel will discuss the FDA's recent draft guidance related to using PCCPs in marketing submissions, including drafting considerations, how PCCPs may streamline the FDA approval process, and best practices for using PCCPs.

Description

The FDA's regulatory framework governing the approval of medical devices is time-consuming and complex, which is problematic with the advent of AI where technology is rapidly evolving. The challenge arises where certain AI software considered to be a medical device itself (SaMD) must go through the FDA's lengthy approval process, which could include re-submissions for approval under certain circumstances, that may slow the growth and development of lifesaving technology.

Such is the case with machine learning-enabled device software functions (ML-DSFs) that use algorithms to "learn" from numerous examples in a dataset without being explicitly programmed to reach a particular answer or conclusion. The FDA recognizes that the advantage of ML-DSF is the ability to improve performance through iterative modifications, which is in tension with the FDA's traditional framework for premarket review of changes to a medical device.

Therefore, in an effort to keep up with technology, the FDA is establishing a regulatory framework that will allow the agency to maintain the safety and effectiveness of medical devices without unnecessarily slowing progress. Included in this developing framework is the recently released draft guidance "Marketing Submission Recommendations for a Predetermined Change Control Plan (PCCP) for Artificial Intelligence/Machine Learning (AI/ML)-Enabled Device Software Functions" which addresses the use of PCCPs that may allow manufacturers to obtain premarket authorization for pre-specified automatic and manual modifications that may be made to ML-DSFs without re-submitting the device for FDA review.

Listen as our expert panel guides practitioners through the FDA approval process for SaMD and the current status of FDA regulation for approving AI medical devices. The panel will discuss the FDA's draft guidance related to using PCCPs and best practices for compliance.

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Outline

  1. Introduction: overview of traditional FDA approval process for medical devices
    1. What constitutes a medical device
    2. FDA device classification
      1. Class I
      2. Class II
      3. Class III
    3. FDA medical device approval process
      1. 510(k) clearance
      2. De novo review
      3. Premarket approval
  2. History of FDA regulatory guidance related to AI/ML medical devices
  3. AI/ML software in medical devices
    1. SaMD vs. SiMD
    2. Traditional regulatory framework and challenges for AI/ML device approval
  4. FDA draft guidance "Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence/Machine Learning (AI/ML)-Enabled Device Software Functions"
    1. Purpose
    2. Scope
    3. Use of PCCPs
      1. Key components
      2. Drafting considerations
      3. How PCCPs may streamline the FDA approval process
  5. Case studies demonstrating approval process using PCCPs
  6. Best practices for compliance
  7. Possible future FDA AI medical device regulation

Benefits

The panel will review these and other important issues:

  • What software qualifies as a medical device requiring FDA approval?
  • How is the FDA attempting to streamline the medical device approval process to accommodate the advent of AI?
  • What is the status of the current regulatory framework for FDA approval of SaMD?
  • How can practitioners use PCCPs in market submissions?

Faculty

Faget, Kyle
Kyle Y. Faget

Partner, Co-Chair Health Care Practice Group, Co-Chair Health Care & Life Sciences Sector’s Medical Device and Equipment Area of Focus
Foley & Lardner

Ms. Faget advises investors, academic medical centers, physician practices, and consultants on a range of business,...  |  Read More

Gardner, Mark
Mark Gardner

Directing Attorney
Gardner Law

Mr. Gardner specializes in FDA regulatory, compliance, and privacy matters. Using his real world in-house experience,...  |  Read More

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