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Quality / Compliance / Regulatory Updates – 3 April 2020

FDA / EU MDR / Regulatory News

EU postpones application of the MDR

EU postpones application of the Medical Devices Regulation to prioritize the fight against coronavirus

This decision postpones, for exceptional reasons in the current context, the application of the Medical Device Regulation by one year – until 26 May 2021

This proposal will not affect the date of application of the In Vitro Diagnostics Medical Devices Regulation (IVDR) and Eudamed (database which will be used to monitor the safety and performance of devices and is part of the EU’s MDR), which become applicable from 26 May 2022

New temporary FDA guidance for remote monitoring devices

The FDA guidance facilitates expanded use of remote monitoring devices during COVID-19 pandemic.

“FDA believes the policy set forth in this guidance will help address these urgent public health concerns by helping to expand the availability and capability of remote patient monitoring devices“

During the period the guideline is effective, the FDA will not object “to limited modifications to the indications, claims, functionality, or hardware or software of FDA-cleared noninvasive remote monitoring devices that are used to support patient monitoring during the declared public health emergency without prior submission of a premarket notification.”

The enforcement policy described in the guidance applies to the following non-invasive remote monitoring devices:

Device Type Classification Regulation Product Code
Clinical electronic thermometer 21 CFR 880.2910 FLL
Electrocardiograph (ECG) 21 CFR 870.2340 DPS
Cardiac monitor 21 CFR 870.2300 DRT, MWI, MSX, PLB
Electrocardiograph software for over-the-counter use 21 CFR 870.2345 QDA
Pulse Oximetry (SpO2) 21 CFR 870.2700 DQA
Non-invasive Blood Pressure (NIBP) 21 CFR 870.1130 DXN
Respiratory Rate/Breathing Frequency 21 CFR 868.2375 BZQ
Electronic Stethoscope 21 CFR 870.1875 DQD

FDA Continues to Accelerate Development of Novel Therapies for COVID-19

FDA  stood up a new emergency program to expedite the development of potentially safe and effective life-saving treatments. The program, known as the Coronavirus Treatment Acceleration Program (CTAP), is using every tool at the agency’s disposal to bring new therapies to sick patients as quickly as possible, while at the same time supporting research to further evaluate whether these medical countermeasures are safe and effective for treating patients infected with this novel virus.

By redeploying staff, the FDA thinks it can respond to COVID-19-related requests and review protocols within 24 hours of receipt as political pressure ramps up to speed along new therapies and vaccines.

FDA is prioritizing interactions “based on a product’s scientific merits, stage of development and identification as a possible priority product.”

Cybersecurity

FBI and “Zoom-bombing”

The Federal Bureau of Investigation (FBI) has released an article on defending against video-teleconferencing (VTC) hijacking (referred to as “Zoom-bombing” when attacks are to the Zoom VTC platform).

As individuals continue the transition to online lessons and meetings, the FBI recommends exercising due diligence and caution in your cybersecurity efforts. The following steps can be taken to mitigate teleconference hijacking threats:

  • Do not make meetings or classrooms public. In Zoom, there are two options to make a meeting private: require a meeting password or use the waiting room feature and control the admittance of guests.
  • Do not share a link to a teleconference or classroom on an unrestricted publicly available social media post. Provide the link directly to specific people.
  • Manage screensharing options. In Zoom, change screensharing to “Host Only.”
  • Ensure users are using the updated version of remote access/meeting applications. In January 2020, Zoom updated their software. In their security update, the teleconference software provider added passwords by default for meetings and disabled the ability to randomly scan for meetings to join.
  • Lastly, ensure that your organization’s telework policy or guide addresses requirements for physical and information security.

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