NOTE: Appendix A of this guidance has been superseded by Attachment 1. List of 

SUDS Known to be Reprocessed or Considered for Reprocessing at Medical Devices; 

Reprocessed Single-Use Devices; Termination of Exemptions From Premarket 

Notification; Requirement for Submission of Validation Data
NOTE: Some enforcement dates in this document have been extended as explained in

the FDA Talk Paper of August 16, 2001, available at

http://www.fda.gov/bbs/topics/ANSWERS/2001/ANS01098.html. For additional

information about the enforcement extensions, see Letter to Hospitals (September 25,

2001), available at http://www.fda.gov/cdrh/reuse/reuse-letter-092501.html.
Guidance for Industry and for FDA Staff

Enforcement Priorities for

Single-Use Devices Reprocessed

by Third Parties and Hospitals

Document issued on: August 14, 2000

U.S. Department Of Health and Human Services

Food and Drug Administration

Center for Devices and Radiological Health

Division of Enforcement III

Office of Compliance
Preface

Public Comment

Comments and suggestions may be submitted at any time for Agency consideration to,

Larry D. Spears, HFZ-340, 2098 Gaither Road, Rockville, MD 20850. Comments may

not be acted upon by the Agency until the document is next revised or updated. For

questions regarding the use or interpretation of this guidance contact Larry D. Spears at

301-594-4646 or by electronic mail at lxs@cdrh.fda.gov.

Additional Copies

Additional copies are available from the World Wide Web/CDRH home page :

http://www.fda.gov/cdrh/reuse/index.shtml or CDRH Facts on Demand at 1-800-899-0381

or 301-827-0111, specify number 1168 when prompted for the document shelf number.
Contents

Abstract

Background

A. Introduction

B. Purpose

C. Scope

D. Enforcement of regulatory requirements for SUD reprocessors

E. Regulatory requirements for SUD reprocessors under the Act

1. Registration and Listing

2. Medical Device Reporting

3. Medical Device Tracking 

4. Medical Device Corrections and Removals

5. Quality System Regulation

6. Labeling

7. Premarket requirements

F. Enforcement priorities and periods of enforcement discretion

1. Premarket requirements

2. Non-premarket requirements

Appendix A: List of SUDs known to be reprocessed

Appendix B: Definition of terms

Appendix C: Additional guidances and references

Appendix D: FDA’s intended time line for enforcing non-premarket and

 premarket submission requirements

Appendix E: FDA’s intended time line for enforcing specific premarket

 submission requirements
1

Guidance1 on Enforcement Priorities

for Single-Use Devices Reprocessed by

Third Parties and Hospitals

Abstract

The “Enforcement Priorities for Single-Use Devices Reprocessed by Third Parties and

Hospitals” document provides guidance to third party and hospital reprocessors about

their responsibility as manufacturers engaged in reprocessing devices labeled for single

use under the Federal Food, Drug, and Cosmetic Act (the Act), as amended by the Safe

Medical Devices Act of 1990, the Medical Device Amendments of 1992, and the Food

and Drug Modernization Act of 1997. Third party and hospital reprocessors of singleuse devices are subject to all the regulatory requirements currently applicable to original

equipment manufacturers, including premarket submission requirements (Sections 513

and 515 of the Act; 21 Code of Federal Regulations Parts 807 and 814).

________________________________________

1

This document is intended to provide guidance. It represents the Agency’s current thinking on

the above. 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

requirements of the applicable statute, regulations, or both.
2

Background

On November 3, 1999, FDA released a proposed strategy on the reuse of single-use

devices (SUDs)

2

. This proposal identified the steps under consideration in the

development of the agency’s SUD reprocessing policy. These steps were:

1. develop a list of commonly reprocessed SUDs;

2. develop a list of factors to determine the degree of risk associated with

reprocessing devices;

3. apply those factors to the list of commonly reprocessed SUDs and categorize

them into three categories – high, moderate, and low; and

4. develop priorities for the enforcement of premarket submission requirements

for third party and hospital reprocessors based on the category of risk.

In addition to publishing the proposed strategy document for public comment, FDA also

sponsored a teleconference on November 10, 1999, and convened an open public

meeting on December 14, 19993, to obtain comments on the proposed strategy. As a

result of the comments we received, FDA published on February 11, 2000, two

companion draft guidances entitled “Reprocessing and Reuse of Single-Use Devices:

Review Prioritization Scheme” (“RPS guidance”)

4

 and “Enforcement Priorities for

 

2

 64 FR 59782-59783, Nov. 3, 1999.

3

 64 FR 63818-63819, Nov. 22, 1999.

4

 65 FR 7027-7029, Feb. 11, 2000.
3

Single-Use Devices Reprocessed by Third Parties and Hospitals” (“SUD Enforcement

guidance”)5.

Summary of the proposed RPS guidance:

The draft guidance “Reprocessing and Reuse of Single-Use Devices: Review

Prioritization Scheme” set forth factors that the agency would consider in categorizing

the risk associated with SUDs that are reprocessed. This process, called the Risk

Prioritization Scheme, would determine the risk categories for frequently reprocessed

SUDs by assigning an overall risk to each SUD based on the risk of infection and the

risk of inadequate performance following reprocessing. The three categories of risk

were high, moderate, and low. The risk category would then be used to set FDA’s

enforcement priorities for premarket submission requirements. Appendix 2 of the RPS

guidance included a list of frequently reprocessed SUDs and their risk category

according to the Risk Prioritization Scheme. Under this proposed guidance document,

FDA would consider any reprocessed SUD that was not included on the list to be high

risk.

Summary of the proposed SUD Enforcement guidance:

The draft guidance “Enforcement Priorities for Single-Use Devices Reprocessed by

Third Parties and Hospitals” set forth FDA’s priorities for enforcing premarket

submission requirements for premarket notifications (510(k)) or for premarket approval

 

5

 Id.
4

applications (PMA) based on the risk categorization of a device as determined by the

companion RPS guidance. Premarket submission requirements for SUDs deemed high

risk by the Risk Prioritization Scheme would be actively enforced within six (6) months

of the issuance of FDA’s final guidance document on reuse; within twelve (12) months

for moderate risk SUDs; and within eighteen (18) months for low risk SUDs. FDA

would enforce third party and hospital reprocessors non-premarket requirements (e.g.,

registration, listing, medical device reporting, tracking, corrections and removals,

quality system, and labeling) within six (6) months of issuance of FDA’s final reuse

guidance document.

Summary of major comments received by FDA:

FDA received over 150 written comments to the Docket on the November 1999

proposed strategy plan and to the February 2000 draft guidances. A copy of the

comments may be obtained from the Dockets Management Branch, HFA-305, Food and

Drug Administration, 5600 Fishers Lane, Room 1061, Rockville, MD 20857.

The following is a summary of the major comments received:

• Strong support for the agency’s decision to actively regulate third party and

hospital reprocessors.

• Concern that the Risk Prioritization Scheme lacked clarity and was too

subjective. To demonstrate this point, several stakeholders used the scheme to
5

evaluate their products. In all cases the stakeholders’ risk category for their

devices ranked higher or lower than FDA’s risk category for the same devices.

• Concern that FDA was imposing burdensome regulations on hospitals.

• Concern that many hospitals are not prepared to comply with the agency’s

premarket requirements due to their lack of experience in this area or to their

limited financial resources.

• Support for FDA’s decision to exclude “opened-but-unused” SUDs from this

enforcement strategy. The agency will further examine its policy with respect to

“opened-but-unused” products. In the meantime, FDA’s current policy for

“opened-but-unused” products remains unchanged.

• Several stakeholders identified additional SUDs that they were currently

reprocessing or were considering reprocessing in the future that were not on

FDA’s current list of frequently reprocessed SUDs.

Major changes to FDA’s proposed reuse strategy:

As a result of the comments the agency received, FDA has revised the final SUD

regulatory strategy as follows:

1. The proposed Risk Prioritization Scheme will not be used to determine the

timing of FDA’s enforcement priorities for the premarket requirements. Rather,

FDA will use the device classification listed in the Code of Federal Regulations
6

(CFR) (i.e., class I, class II, or class III) to set its enforcement priorities for the

premarket submission requirements.

2. FDA intends to enforce premarket submission requirements within six (6)

months of issuance of this final SUD Enforcement guidance document for all

class III devices; within twelve (12) months for class II devices; and eighteen

(18) months for class I devices. At a later date, FDA intends to examine on a

case-by-case basis, the need to revoke exemptions from premarket requirements

for class I and II exempt products based upon the risks that may exist due to

reprocessing.

3. For hospital reprocessors, FDA intends to establish a one (1) year phase in for

active enforcement of the Act’s non-premarket requirements (e.g., registration,

listing, medical device reporting, tracking, corrections and removals, quality

system, labeling). The agency will use the one-year period following the

issuance of this final guidance document to educate hospitals about their

regulatory obligations. FDA does not anticipate that the one-year extension of

enforcement discretion following the issuance of this guidance document will

pose any significant public health risks because the agency has no evidence at

this time to demonstrate that reprocessing and reuse of SUDs is posing any

imminent danger to public health.
7

4. The “List of Frequently Reprocessed SUDs” has been expanded to include

additional SUDs that are currently being reprocessed. As noted above, FDA

will use the device classification listed in the CFR to set its enforcement

priorities for the premarket submission requirements for all devices. The

regulatory premarket submission requirements for reprocessed SUDs that are

not included on this list will be based on the device’s CFR classification (e.g.,

class I, II, or III).

As stated in FDA’s November 3, 1999, proposed strategy plan on the reuse of singleuse devices, our primary goal is to ensure a reprocessing and reuse regulatory program

based on good science that protects public health, while ensuring that our regulatory

requirements are equitable to all parties. FDA does not believe that the changes to its

final SUD regulatory strategy pose any significant public health risks. Rather, we

believe that these changes may facilitate the implementation of the reuse policy. For

example, FDA believes that using the existing CFR device classification system may

reduce the chance for delaying implementation of the final SUD policy by eliminating

confusion or misunderstanding regarding a device’s risk category and the timing of

premarket submissions.

The major change in FDA’s plan is the use of the traditional device classification

scheme rather than the draft Risk Prioritization Scheme to establish enforcement

priorities for the premarket submission requirements. FDA was concerned about

significant differences between the risk category assigned to a SUD by FDA and by
8

stakeholders. Subjective differences in interpreting the Risk Prioritization Scheme

could cause some SUD reprocessors to believe that their devices are a lower risk

category than FDA's assessment. The agency concluded that disagreements over the

agency’s risk category for a SUD could cause undue delays in reprocessors complying

with the Act’s premarket submission requirements. The existing CFR device

classification system, on the other hand, is an established categorization system that is

familiar to all device manufacturers and many device users. Using the CFR device

classification system would eliminate problems with the proposed Risk Prioritization

Scheme identified by stakeholders.

We greatly appreciate the many comments, suggestions for improvement, and

encouragement we received from our stakeholders and interested parties in response to

the proposed strategy plan and to the two draft guidance documents. We carefully

considered all comments and have incorporated many comments into the final guidance

document.

We encourage continued feedback as we proceed with this initiative.
9

Enforcement Priorities for Single-Use Devices

Reprocessed by Third Parties and Hospitals6

A. Introduction

This guidance document entitled “Enforcement Priorities for Single-Use Devices

Reprocessed by Third Parties and Hospitals” (“SUD Enforcement guidance”) finalizes

FDA’s policy on how it intends to regulate third party and hospital reprocessors

engaged in reprocessing single-use devices (SUDs) for reuse. This guidance document

incorporates many comments and suggestions received from stakeholders and interested

parties in response to “FDA’s Proposed Strategy on the Reuse of Single-Use Devices”

(published on November 4, 1999); comments from FDA’s satellite teleconference

entitled “FDA’s Proposed Strategy on Reuse of Single-Use Medical Devices” (held on

November 8, 1999); comments from the FDA Open Public Meeting (held on December

14, 1999); the two companion draft guidances entitled “Reprocessing and Reuse of

Single-Use Devices: Review Prioritization Scheme” and “Enforcement Priorities for

Single-Use Devices Reprocessed by Third Parties and Hospitals” (published on

February 11, 2000); and the numerous meetings the agency has held with stakeholders

and interested parties.

This SUD enforcement guidance document sets forth FDA’s priorities for enforcing

premarket submission requirements, based on the device’s Code of Federal Regulations

 

6 This document is intended to provide guidance. It represents the agency’s current thinking on the

above. 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 requirements of the

applicable statute.
10

(CFR) classification (i.e., class I, class II, and class III). Upon issuance of this guidance

document, the agency intends to enforce premarket submission requirements within six

(6) months for all class III devices; within twelve (12) months for all class II nonexempt devices; and within 18 months for all class I non-exempt devices. At a later

date, the agency will evaluate, on a case-by-case basis, the need to revoke exemptions

from premarket submission requirements for class I and class II exempt products.

Revocation of exemptions will be based on the agency’s determination that premarket

submissions for reprocessed devices in those classifications are necessary to ensure that

these devices are safe and effective for reuse after reprocessing. The issuance of this

guidance document does not preclude FDA from taking immediate action against any

particular product that is causing significant harm.

B. Purpose

The purpose of this SUD Enforcement guidance document is to describe FDA’s

enforcement priorities to third parties and hospitals that reprocess SUDs. The

enforcement priorities for premarket submission requirements are based on the device’s

CFR classification. Appendix A contains a list of SUDs known by FDA to be currently

reprocessed for reuse in humans. This list is not comprehensive; it represents the

agency’s current knowledge of the types of SUDs that are being reprocessed. This list

also contains information such as device classification, CFR regulation number and

product codes (i.e., procodes) that the reader may find useful.
11

C. Scope

This guidance document is applicable to third party and hospital SUD reprocessors.

The enforcement priorities set forth in this guidance do not apply to:

1. Permanently implantable pacemakers. The reuse of permanent pacemakers

is addressed in Compliance Policy Guide 7124.12 (issued on October 1,

1980 and revised in March 1995);

2. “Opened-but-unused” SUDs (see Definitions in Appendix B);

3. Health care facilities that are not hospitals; or

4. Hemodialyzers. The reuse of hemodialyzers is addressed in “Guidance for

Hemodialyzer Reuse Labeling (final draft issued on Oct. 6, 1995). A copy

of this guidance is available on FDA’s web site at

www.fda.gov/cdrh/ode/dilreuse.pdf

FDA is aware that hospitals are not the only health care facilities that reprocess devices

labeled for single use. At this time, the agency is limiting its focus to SUDs reprocessed

by third party and hospital reprocessors. In the future and following experience with

implementation of this guidance document, FDA intends to examine whether other

establishments that reprocess SUDs should be included.

D. Why is FDA phasing in the enforcement of regulatory

requirements for SUD reprocessors?
12

FDA believes that a phased-in approach for enforcement of regulatory requirements for

third party and hospital reprocessors is appropriate for several reasons, including:

1. The agency believes that the health risk associated with reprocessing SUDs

varies with each device and the agency’s regulatory activities should be

implemented in accordance with the device’s CFR classification.

2. A phased-in implementation period may avoid any unintended and

unpredictable consequences, such as potential shortages in certain hospitals, of

an agency decision to immediately enforce all the requirements.

3. Establishments, such as hospitals, may be unfamiliar with FDA regulations, and

a phased-in implementation approach will allow those facilities time to learn

about the requirements and to develop programs to comply with them.

4. The agency’s limited resources do not permit immediate enforcement of all

regulatory requirements on third party and hospital reprocessors.

However, FDA emphasizes that nothing in this guidance document, including the

phased-in enforcement approach that the agency intends to implement, precludes the

agency from taking immediate action against any particular product that is causing

harm.

E. What are the Act's requirements that apply to third party and

hospital reprocessors?
13

The requirements that apply to third party and hospital reprocessors are:

1. Registration and Listing (Section 510 of the Act; 21 CFR Part 807);

2. Medical Device Reporting (Sections 519(a)(b) and (c) of the Act; 21 CFR Part

803);

3. Medical Device Tracking (Section 519(e) of the Act; 21 CFR Part 821);

4. Medical Device Corrections and Removals (Section 519(f) of the Act; 21 CFR

Part 806);

5. Quality System Regulation (Section 520(f) of the Act; 21 CFR Part 820);

6. Labeling (Section 502 of the Act; 21 CFR Part 801); and

7. Premarket Requirements (Sections 513 and 515 of the Act; 21 CFR Parts 807

and 814).

Each of these regulatory requirements is described briefly below, with a citation to the

corresponding section of the Act, FDA regulation in the CFR, and to other FDA

guidances that may help in understanding a particular requirement (see Appendix C for

additional guidances that may be helpful). FDA may issue additional guidances as

needed.

1. Registration and Listing (Section 510 of the Act; 21 CFR Part 807):
14

Owners and operators of establishments who process devices must register their

establishment with FDA, and provide a list of their devices. Establishments that are

registering for the first time must use Form FDA-2891 (“Initial Registration of Device

Establishment”).

All SUDs that an establishment reprocesses must be reported on Form FDA-2892

(“Medical Device Listing”). A separate Form FDA-2892 must be submitted for each

category or type of device that a reprocessor reprocesses.

Forms FDA-2891 and FDA-2892 can be obtained by mail from the Office of

Compliance, Center for Devices and Radiological Health (HFZ-307), Food and Drug

Administration, 2094 Gaither Road, Rockville, MD 20850.

Additional details regarding registration and listing are available in “CDRH Guidance

for Industry: Instructions for Completion of Medical Device Registration and Listing

Forms FDA-2891, 2891a, and 2892”. This guidance may be obtained by contacting the

Division of Small Manufacturers Assistance (DSMA) by calling Facts on Demand at 1-

800-899-0381 or 301-827-0111 (please specify number 012 when prompted for the

document number) or from FDA’s web page at www.fda.gov/cdrh/dsma/rlman.html

2. Medical Device Reporting (Sections 519 (a)(b) and (c) of the Act; 21 CFR Part

803):
15

Manufacturer’s reporting requirements and other requirements under this regulation are

more extensive than device user facility requirements. Hospitals who engage in

manufacturing activities, such as reprocessing, are subject to manufacturer reporting

requirements for the SUDs that they reprocess as well as user facility reporting

requirements (21 CFR 803 Subpart E). In addition, they also must adhere to user

facility reporting requirements for all other medical devices that they use (21 CFR 803

Subparts A and C). FDA realizes that hospitals that reprocess SUDs may need

additional guidance from the agency on how to submit manufacturer adverse event

reports. Accordingly, FDA plans to provide additional guidance to hospital

reprocessors about applicable manufacturing adverse event requirements.

Further assistance in understanding medical device reporting (MDR) is available in a

series of FDA publications. The most recent changes to the MDR requirements were

published as a Final Rule in January 2000 entitled “Medical Device Reporting:

Manufacturer Reporting, Importer Reporting, User Facility Reporting, Distributor

Reporting” in the Federal Register7. A copy of the December 1995 and January 2000

MDR Final Rules and other related MDR documents and guidances are available on

FDA’s web page at www.fda.gov/cdrh/mdr.html

 

7

 65 FR 4112-4121 Jan. 6, 2000.
16

3. Medical Device Tracking (Section 519(e) of the Act; 21 CFR Part 821): 

The purpose of medical device tracking is to ensure that manufacturers of certain

devices establish tracking systems that will enable them to promptly locate devices in

commercial distribution in the event corrective actions or notifications about the device

are necessary. Manufacturers are not subject to the Medical Device Tracking regulation

unless and until FDA issues a direct order to the manufacturer. Accordingly,

reprocessors will not be subject to the Tracking regulation unless FDA issues an order

for the specific device(s) being reprocessed. Additional information on device tracking,

including the types of devices subject to tracking orders, is available in FDA’s

“Guidance on Medical Device Tracking.” Guidance can be obtained from CDRH Facts

on Demand at 1-800-899-0381 or 301-827-0111 (please specify number 169 when

prompted for the document number) or on FDA’s web page at

www.fda.gov/cdrh/modact/tracking.pdf

4. Medical Device Corrections and Removals (Section 519(f) of the Act; 21 CFR

Part 806):

All device manufacturers must report to FDA, within a specified time, certain types of

device corrections and removals. In addition, each manufacturer must maintain records

of all corrections and removals. Each device manufacturer also must submit a written

report to FDA of any correction or removal of a device initiated by the manufacturer if

the correction or removal was undertaken to reduce a risk to health posed by the device,
17

or to remedy certain violations of the Act. The term “correction” is defined in 21 CFR

806.2(e) as “the repair, modification, adjustment, relabeling, destruction, or inspection

(including patient monitoring) of a device without its physical removal from its point of

use to some other location.” The term "removal" is defined in 21 CFR 806.2(i) as the

"removal of a device from its point of use to some other location for repair,

modification, adjustment, relabeling, destruction, or inspection."

The following is an example of when the corrections and removal regulation is

applicable:

A hospital had reprocessed some SUDs that resulted in a patient

experiencing an adverse health event. If the hospital pulls the remaining

devices from the suspect batch or lot off their shelves to reduce the risk

to health, this action would be considered to be a removal that must be

reported to FDA.

5. Quality System Regulation (Section 520(f) of the Act; 21 CFR Part 820):

Current good manufacturing practice (cGMP) requirements are set forth in the Quality

System regulation that governs the methods used in, and the facilities and controls used

for the design, manufacturer, packaging, labeling, storage, installation, and servicing of

all finished devices. These requirements include design controls (see 21 CFR 820.30),

corrective and preventive action requirements (see 21 CFR 820.100), and process

validation requirements (see 21 CFR 820.75). Guidance and information on the various
18

aspects of the Quality System regulation are available in the following documents:

“Guideline on General Principles of Process Validation” (available at

www.fda.gov/cdrh/ode/425.pdf or contact DSMA at the telephone numbers previously

listed); “Design Control Guidance” (available at

www.fda.gov/cdrh/comp/designgd.html); “Quality System Inspection Technique

(QSIT) (available at www.fda.gov/ora/inspect_ref/igs/qsit/QSITGUIDE.PDF); and

“Medical Device Quality Systems Manual: A Small Entity Compliance Guidance

(available at www.fda.gov/cdrh/dsma/gmp_man.html).

Design control requirements are not applicable to all devices. Design control

requirements apply to all class II, class III, and some class I devices (see 21 CFR

820.30).

6. Labeling (Section 502 of the Act; 21 CFR Part 801):

FDA has general labeling requirements regarding the name and place of manufacture

and the inclusion of adequate directions for use. FDA’s guidance “Labeling Regulatory

Requirements for Medical Devices” contains relevant information. Guidance is

available at the FDA web site www.fda.gov/cdrh/dsma/470.pdf or contact DSMA at the

telephone numbers previously listed.
19

7. Premarket Requirements (Sections 510, 513 and 515 of the Act; 21 CFR Parts

807, and 814):

a. What type of premarket submission should I submit?

There are two types of premarket submissions - a premarket notification (or 510(k)) and

a premarket approval application (PMA).

In general, the type of submission you submit depends on the CFR classification of the

device. The classification regulation for a medical device, as provided under 21 CFR

Parts 862-892, establishes the class for each type of device and the premarket

requirements that are applicable.

Unless the classification regulation specifically exempts a device, a premarket

notification (510(k)) submission is required for class I and class II devices. Class III

devices may require either a premarket notification (510(k)) submission or a premarket

approval (PMA) application, depending on the particular type of class III device. The

classification regulation for each type of class III device indicates whether a premarket

approval application is required.

For your convenience, FDA has indicated on the list of known reprocessed SUDs (see

Appendix A), the type of marketing application that is required for each type of device.
20

b. What information do I need to include in my 510(k) submission in order to obtain

FDA’s marketing clearance for my device?

Your 510(k) submission must contain enough information for FDA to determine

whether your device is as safe and effective as a legally marketed predicate device (i.e.,

"substantially equivalent" within the meaning of section 513(i) of the Act). As the

510(k) applicant, it is your responsibility to identify a legally marketed predicate device

for the SUD you wish to reprocess. Keep in mind that the predicate device you select

must have the same intended use as the device in your 510(k) submission. For a

reprocessed SUD, the legally marketed predicate device for comparison may be the

SUD of the OEM. The information in your 510(k) submission must compare the

unique characteristics of your device to the predicate device so that it establishes that

they are equivalent with respect to safety and effectiveness factors.

The criteria that FDA uses in deciding to grant marketing clearance for 510(k)

submissions are more fully described in section 513(i) of the Act and 21 CFR 807.100.

Your 510(k) application must include all the information described in the 510(k)

regulation, 21 CFR 807.87. General guidance on the information that needs to be

submitted in 510(k) submissions is available in FDA guidance “Premarket Notification

510(k): Regulatory Requirements for Medical Devices.” A copy of this guidance can

be found at www.fda.gov/cdrh/manual/510kprt1.html or contact DSMA at the

telephone numbers previously listed. In preparing your submission, you should search

CDRH’s web site, assemble all relevant guidances for your specific device or specific
21

processes, complete the tests and compile the information as recommended. The web

site address to search for applicable FDA guidances is

www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfGGP/Search.CFM. For additional

assistance, contact DSMA at the telephone numbers previously listed.

c. What information do I need to include in my PMA in order to obtain FDA’s

marketing approval for my device?

FDA’s basis for approval of a PMA is a finding that the device has a reasonable

assurance of safety and effectiveness for its intended use based on valid scientific

evidence. Your PMA application must include valid scientific evidence that

demonstrates the safety and effectiveness of your reprocessed SUD. Submission of

clinical data may be necessary in order to establish a device’s safety and effectiveness.

Your PMA application also should evaluate the unique characteristics of your device.

The factors that FDA uses to grant marketing approval of PMAs are more fully

described in section 515(d) of the Act and 21 CFR 814.44.

A description of what the agency considers a complete PMA application is available in

the PMA regulation, 21 CFR 814.20. FDA has general guidances on the information

that needs to be submitted in PMA applications (see FDA’s “Guidance for Preparation

of PMA Manufacturing Information.” A copy can be obtained from

www.fda.gov/cdrh/ode/448.pdf).
22

To assist you in submitting your PMA application for specific products, FDA has

posted device-specific and process-specific guidances on its worldwide web site to

supplement the general requirements noted above. You can search for applicable FDA

guidances at www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfGGP/Search.CFM or

contact DSMA at the telephone numbers previously listed.

In addition to reviewing the data in a PMA application, FDA also requires a satisfactory

inspection of your manufacturing facilities before a PMA application can be approved.

Therefore, your PMA application must include a comprehensive manufacturing section,

which clearly identifies all appropriate manufacturing controls. Guidance about

manufacturing information to include in premarket submissions is available in

“Guidance on Quality System Regulation Information for Various Pre-market

Submissions.” A copy of this guidance can be obtained at

www.fda.gov/cdrh/dsma/cgmphome.html or CDRH Facts on Demand at 1-800-899-

0381 or 301-827-0111 (please specify number 1140 when prompted for the document

number). Reprocessors and hospitals that intend to reprocess devices that will require a

PMA should be prepared for a pre-approval inspection.

d. What happens if a third party or hospital reprocessor fails to submit a 510(k)

submission or a PMA application or makes a submission that is administratively

incomplete?
23

A third party or hospital that decides to stop reprocessing SUDs will not be required to

make any submission to the agency. Third parties and hospitals that continue

reprocessing SUDs must make the appropriate and timely submission described below.

FDA initially will review your 510(k) submission or PMA application to make a

threshold determination as to whether it contains sufficient information to begin a

substantive review. If the submission or application does not, on its face, contain all

the information required under 21 CFR 807.87(for 510(k)s ) or 21 CFR 814.20 (for

PMAs), FDA will not review that application or submission any further and the file will

be placed on hold (see 21 CFR 807. 87 and 814.42(e)). You may submit the additional

information to complete the file. However, the agency does not consider such

submissions to satisfy the premarket submission requirements or the intent of the phase

in enforcement period. FDA intends to take immediate enforcement action against third

party and hospital reprocessors that fail to make any submissions or submit

administratively incomplete 510(k)s or PMA applications following the end of the

phase in periods identified in this document.

In addition, the agency wants submitters to realize that a 510(k) submission or PMA

application that is administratively complete may nevertheless be difficult to review if it

is poorly organized or does not address device specific issues. In these situations, there

are likely to be delays in premarket review.
24

e. What happens if a third party or hospital reprocessor submits a 510(k) submission

or a PMA application that is scientifically inadequate?

FDA may take enforcement action against third party and hospital reprocessors who

submit scientifically inadequate 510(k) submissions or PMA applications or whose

510(k) application or PMA submission is still under review after the end of the phase in

periods identified in this document (see “F. Enforcement priorities and periods of

enforcement discretion for FDA requirements” below).

f. Can I combine several different models and brands of the same type of device into

one 510(k) submission or PMA application?

Premarket (510(k)) submissions and PMA applications are device specific; FDA

requires a 510(k) or a PMA for each device. Only closely related variations of the same

type of device should be grouped in one submission or application. FDA advises

reprocessors to examine device groupings that OEMs have developed in previous

submissions as models that may be useful in considering the groupings of reprocessed

SUDs. Data and information in the submission or application must support the

substantial equivalence (510(k)) or safety and effectiveness (PMA) of the entire group

of devices in a marketing submission.

g. What if I need to conduct clinical studies as part of my 510(k) submission or PMA

application?
25

FDA regulations (21 CFR Parts 50, 56, and 812) describe the procedures for the

conduct of clinical studies used to support marketing submissions. Class III and class II

may be considered significant risk devices, as defined in 21 CFR 812.3(m). Clinical

studies of significant risk devices need prior FDA approval of an investigational device

exemption (IDE) application before the study may begin. Clinical studies need prior

approval of the local institutional review board and informed consent from the patient.

Additional information on IDE requirements is available in two FDA guidance

documents: “Significant and Non-significant Risk Medical Device Studies” (accessible

at www.fda.gov/cdrh/manual/idemanul.html) and “IDE Policies and Procedures”

(accessible at www.fda.gov/cdrh/ode/idepolcy.html). Copies of these guidances can

also be obtained by contacting DSMA at the telephone numbers previously listed.

F. Enforcement Priorities and Periods of Enforcement Discretion for

FDA Requirements

Upon issuance of this guidance document, FDA intends to enforce the regulatory

requirements listed under section E of this guidance using a combination of a phased-in

approach and continued enforcement discretion. A brief description of these

requirements and their time lines are provided below.

FDA intends to actively enforce the Act’s premarket submission requirements for third

party and hospital reprocessors six (6) months following issuance of this guidance
26

document for devices classified as class III; within twelve (12) months for devices

classified as class II; and within eighteen (18) months for devices classified as class I.

FDA intends to take enforcement action against any third party or hospital reprocessor

that fails to meet these deadlines (i.e., referring to the 6, 12, and 18 month deadlines for

premarket submissions), or the deadlines described below.

FDA intends to actively enforce the Act’s non-premarket requirements for hospital

reprocessors one (1) year following issuance of this guidance document. FDA intends

to use the first year following issuance of this guidance document to educate hospitals

about their regulatory obligations under the Act.

FDA intends to continue to enforce all non-premarket requirements against third-party

reprocessors.

The agency’s use of a phased-in approach and enforcement discretion to enforce the

Act’s premarket submission and other requirements does not preclude FDA from taking

enforcement action sooner than the time periods described if the agency determines that

any reprocessed medical device presents a significant risk to public health. Conversely,

the agency may continue to exercise its discretion to not actively enforce FDA

requirements for longer periods of time than described below when there may be

shortages of medically necessary devices, constraints on agency resources, or for other

compelling reasons.
27

1. Enforcement Discretion Period for Premarket Requirements (Sections 513,

and 515 of the Act; 21 CFR Parts 807 and 814):

The following describes the agency’s enforcement discretion period for premarket

submission requirements. However, we encourage all reprocessors to submit premarket

submissions to FDA even before the premarket submission requirement implementation

dates listed in this guidance document. We believe that this will be helpful to all parties

because the agency will learn what types of submissions to expect while reprocessors

can obtain feedback on their 510(k) submissions or PMA applications before the agency

actively enforces its premarket submission requirements.

a. SUDs categorized as class III devices:

FDA intends to continue to exercise its enforcement discretion with respect to

premarket submission requirements for third party and hospital reprocessors of class III

devices for one (1) year from the date of issuance of this enforcement guidance

provided that:

1. FDA receives a 510(k) submission or a PMA application no later than six (6)

months following the issuance of this enforcement guidance;

2. The 510(k) submission or PMA application is complete and is of sufficient

quality to be acceptable for substantive review (see discussion under 7. d and e);

and
28

3. The applicant receives an FDA order finding the device substantially equivalent

to a legally marketed predicate and cleared for marketing, or an order approving

a premarket approval application, within twelve (12) months of issuance of this

guidance document.

Upon issuance of this guidance document, FDA intends to take enforcement action

against any third party or hospital reprocessor who fails to satisfy all of the conditions

described above.

b. SUDs categorized as class II non-exempt devices:

FDA intends to continue to exercise its enforcement discretion with respect to

premarket submission requirements for third party and hospital reprocessors of class II

non-exempt devices for eighteen (18) months from the date of issuance of this

enforcement guidance provided that:

1. FDA receives a 510(k) submission no later than twelve (12) months following

issuance of this enforcement guidance;

2. The 510(k) submission is complete and is of sufficient quality to be acceptable

for substantive review (see discussion under 7. d and e); and

3. The applicant receives an FDA order finding the device substantially equivalent

to a legally marketed predicate and cleared for marketing within eighteen (18)

months of issuance of this guidance document.
29

Upon issuance of this guidance document, FDA intends to take enforcement action

against any third party or hospital reprocessor who fails to satisfy all of the conditions

described above.

c. SUDs categorized as class I non-exempt devices:

For third party and hospital reprocessors of class I non-exempt devices, FDA intends to

continue to exercise its enforcement discretion with respect to premarket submission

requirements for these devices for two (2) years from the date of issuance of this

enforcement guidance provided that:

1. FDA receives a 510(k) submission no later than eighteen (18) months following

issuance of this enforcement guidance;

2. The 510(k) submission is complete and is of sufficient quality to be acceptable

for substantive review (see discussion under 7.d and e); and

3. The applicant receives an FDA order finding the device substantially equivalent

to a legally marketed predicate and cleared for marketing within twenty-four

(24) months of issuance of this guidance document.

Upon issuance of this guidance document, FDA intends to take enforcement action

against any third party or hospital reprocessor who fails to satisfy all of the conditions

described above.

d. SUDs categorized as class I exempt or class II exempt devices:
30

FDA intends to evaluate all class I exempt and class II exempt devices to determine if it

is appropriate for the agency to promulgate regulations to revoke the exemptions of

these devices for the purpose of requiring premarket submissions to ensure that these

devices are safe and effective for reuse after reprocessing. These devices will be

evaluated on a case-by-case basis. The agency is seeking input on the factors to

consider to revoke exemptions from the premarket requirement for class I and class II

exempt devices, including comments about the applicability of the criteria previously

described in the draft RPS guidance issued February 2000.

2. Enforcement Discretion Periods for Registration, Listing, Submission of

Adverse Events (MDR), Quality Systems, Labeling, Tracking, and Correction

and Removal Requirements (Sections 502, 510, 513, 515, 519, and 520 of the

Act; 21 CFR Parts 801, 803, 806, 807, 820, and 821).

a. Hospitals:

As previously stated, FDA intends to continue to exercise its enforcement discretion

with respect to non-premarket requirements for hospital reprocessors for one year from

the issuance of this SUD enforcement guidance. These non-premarket requirements

include registration, listing, adverse event reporting (MDR), quality system, tracking

(which are triggered only by a specific FDA Tracking order), and corrections and

removals. The discretionary period for the MDR requirements for reporting adverse
31

events related to SUDs that a hospital reprocesses only applies to manufacturer MDR

reporting requirements (21 CFR 803 subpart E); it does not include user facility MDR

reporting requirements (21 CFR 803 subpart C). FDA will continue to actively enforce

MDR requirements for all device user facilities, including hospital reprocessors. FDA

intends to utilize the first year following issuance of this guidance document to educate

hospitals of their regulatory obligations under the Act.

b. Third Party Reprocessors:

FDA intends to continue its present practice of actively enforcing all non-premarket

requirements for third party reprocessors. The SUD enforcement guidance document

does not change the obligation of third party reprocessors to continue to comply with

registration, listing, MDR, quality system, labeling, tracking (if appropriate), and

medical device corrections and removals requirements.
Appendix A: List of SUDs known to be reprocessed

Has been relocated to:

http://www.fda.gov/cdrh/reuse/1168a.pdf
40

 Appendix B: Definition of terms

For the purpose of this guidance, FDA has defined the following terms:

Hospital: A hospital is an acute health care facility.

Single-use device: A single-use device, also referred to as a disposable device, is

intended to be used on one patient during a single procedure. It is not intended to be

reprocessed (cleaned, disinfected/sterilized) and used on another patient. The labeling

may or may not identify the device as single use or disposable and does not include

instructions for reprocessing.

Opened-but-unused: Opened-but-unused devices are single-use, disposable devices

whose sterility has been breached or compromised, or whose sterile package was

opened but not been used on a patient, that is, they have not been in contact with blood

or bodily fluids.

Reuse: The repeated use or multiple use of any medical device including devices

intended for reuse or single-use, with reprocessing (cleaning, disinfection or

sterilization) between uses.

Reprocessing: Reprocessing includes all the steps performed to make a contaminated

reusable or single-use device patient ready. The steps may include cleaning, functional

testing, repackaging, relabeling, disinfection or sterilization.

Resterilization: Resterilization is the application of a terminal process designed to

remove or destroy all viable forms of microbial life, including bacterial spores, to an

acceptable sterility assurance level, to a device that has previously undergone a

sterilization process.
41

Appendix C: Additional guidances that may be helpful

on the reuse issue

In addition to the guidances and resources referenced in the body of this document, the

following is a partial list of other FDA guidances and material that may be helpful to

third parties and hospitals that reprocess SUDs. Copies of the guidances can be

obtained from the FDA web site at

www.fda.gov/opacom/morechoices/industry/guidedc.htm. FDA also encourages you to

explore our web site for information on reused, single-use devices. This web site

includes a list of some possibly useful sterility and cleaning standards and related

documents for medical devices. The web site address is www.fda.gov\cdrh\reuse.

To contact the Division of Small Manufacturers Assistance (DSMA) call 301-443-6597

or 1-800-638-2041 or send an e-mailed to DSMA@CDRH.fda.gov. All requests for

publications should be submitted by e-mail or by fax to 301-443-8818. You also are

encouraged to search the Device Advice web site at www.fda.gov/cdrh/devadvice for

specific guidance to new manufacturers.

• Overview of FDA Modernization Act of 1997, Medical Device Provisions, February

19, 1998

• Guidance on the Center for Devices and Radiological Health’s Premarket

Notification Review Program, June 30, 1986

• Premarket Approval (PMA) Manual, October 1, 1998

• Guidance on IDE Policies and Procedures, January 20, 1998

• Questions and Answers for the FDA Reviewer Guidance: Labeling Reusable

Medical Devices for Reprocessing in Health Care Facilities: FDA Reviewer

Guidance, August 1996

• Guidance on Premarket Notification (510(k)) Submissions for Sterilizers Intended

for Use in Health Care Facilities, March 1993

• “Medical Device Labeling: Suggested Format and Content” (draft) at

www.fda.gov/cdrh/ode/labeling.pdf.

• FDA Labeling Requirements at www.fda.gov/cdrh/devadvice/33.html#contents
42

Appendix D: FDA’s intended time line for enforcing existing non-premarket

and premarket submission requirements

Type of Reprocessor Current Requirements 6 Months after FDA Issues Final

SUD Reuse Policy

12 Months after FDA Issues

Final SUD Reuse Policy

18 Months after FDA Issues

Final SUD Reuse Policy

Third Party

Reprocessor

Non-premarket requirements

includes registration, listing,

medical device reporting, tracking

(if applicable), corrections and

removals, quality system, and

labeling

Premarket submission requirements:

FDA is not actively enforcing these

requirements

Premarket submission requirements:

submission of 510(k) submissions or

PMA applications for class III

devices

Premarket submission

requirements: submission of

510(k) submissions for class II

non-exempt devices

Premarket submission

requirements: submission of

510(k) submissions for class I

non-exempt devices

Hospital

Reprocessors

Non-premarket requirements: FDA

is not actively enforcing these

requirements

Premarket submission requirements:

FDA is not actively enforcing these

requirements

Non-premarket requirements: FDA is

not actively enforcing these

requirements

Premarket submission requirements:

submission of 510(k)submissions or

PMA applications for class III

devices

Non-premarket requirements

includes registration, listing,

medical device reporting,

tracking (if applicable)

corrections and removals,

quality system, and labeling

Premarket submission

requirements: submission of

510(k) submissions for class II

non-exempt devices

Premarket submission

requirements: submission of

510(k) submissions for class I

non-exempt devices
43

Appendix E: FDA’s intended time line for enforcing specific premarket requirements

Device’s CFR

Classification

6 Months after FDA Issues Final

SUD Reuse Strategy

12 Months after FDA Issues Final

SUD Reuse Strategy

18 Months after FDA Issues

Final SUD Reuse Strategy

24 Months after FDA Issues

Final SUD Reuse Strategy

Class III Reprocessor must submit 510(k)

submissions or PMA applications

for SUDs

OR

FDA may initiate enforcement

action

Reprocessor must receive FDA

orders finding SUDs substantially

equivalent or orders approving

premarket approval applications

OR

FDA may initiate enforcement

action

Class II Reprocessor must submit 510(k)

submissions for SUDs

OR

FDA may initiate enforcement

action

Reprocessor must receive FDA

orders finding SUDs substantially

equivalent

OR

FDA may initiate enforcement

action

Class I

Reprocessor must submit 510(k)

submissions for SUDs

OR

FDA may initiate enforcement

action

Reprocessor must receive

FDA orders finding SUDs

substantially equivalent

OR

FDA may initiate enforcement

action