Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.6080 Next generation sequencing based tumor profiling test. ( a ) *Identification.* A next generation sequencing (NGS) based tumor profiling test is a qualitative in vitro diagnostic test intended for NGS analysis of tissue specimens from malignant solid neoplasms to detect somatic mutations in a broad panel of targeted genes to aid in the management of previously diagnosed cancer patients by qualified health care professionals.
( b ) *Classification.* Class II (special controls). The special controls for this device are: ( 1 ) Premarket notification submissions must include the following information: ( i ) A detailed description of all somatic mutations that are intended to be detected by the test and that are adequately supported in accordance with paragraph (b)(1)(v) of this section and reported in the test results in accordance with paragraph (b)(2)(iv) of this section, including: ( A ) A listing of mutations that are cancer mutations with evidence of clinical significance.
( B ) As appropriate, a listing of mutations that are cancer mutations with potential clinical significance.
( ii ) The indications for use must specify the following: ( A ) The test is indicated for previously diagnosed cancer patients.
( B ) The intended specimen type(s) and matrix (*e.g.,* formalin-fixed, paraffin-embedded tumor tissue).
( C ) The mutation types (*e.g.,* single nucleotide variant, insertion, deletion, copy number variation or gene rearrangement) for which validation data has been provided.
( D ) The name of the testing facility or facilities, as applicable.
( iii ) A detailed device description including the following: ( A ) A description of the test in terms of genomic coverage, as follows: ( 1 ) Tabulated summary of all mutations reported, grouped according to gene and target region within each gene, along with the specific cDNA and amino acid positions for each mutation.
( 2 ) A description of any within-gene targeted regions that cannot be reported and the data behind such conclusion.
( B ) Specifications for specimen requirements including any specimen collection devices and preservatives, specimen volume, minimum tumor content, specimen handling, DNA extraction, and criteria for DNA quality and quantity metrics that are prerequisite to performing the assay.
( C ) A detailed description of all test components, reagents, instrumentation, and software required. Detailed documentation of the device software including but not limited to, software applications and hardware-based devices that incorporate software.
( D ) A detailed description of the methodology and protocols for each step of the test, including description of the quality metrics, thresholds, and filters at each step of the test that are implemented for final result reporting and a description of the metrics for run-failures, specimen-failures, invalids, as applicable.
( E ) A list of links provided by the device to the user or accessed by the device for internal or external information (*e.g.,* decision rules or databases) supporting clinical significance of test results for the panel or its elements in accordance with paragraphs (b)(1)(v) and (b)(2)(vi) of this section.
( F ) A description of internal and external controls that are recommended or provided and control procedures. The description must identify those control elements that are incorporated into the testing procedure.
( iv ) Information demonstrating analytical validity of the device according to analytical performance characteristics, evaluated either specifically for each gene/mutation or, when clinically and practically justified, using a representative approach based on other mutations of the same type, including: ( A ) Data that adequately supports the intended specimen type (*e.g.,* formalin-fixed, paraffin-embedded tumor tissue), specimen handling protocol, and nucleic acid purification for specific tumor types or for a pan-tumor claim.
( B ) A summary of the empirical evidence obtained to demonstrate how the analytical quality metrics and thresholds were optimized.
( C ) Device precision data using clinical samples to adequately evaluate intra-run, inter-run, and total variability. The samples must cover all mutation types tested (both positive and negative samples) and include samples near the limit of detection of the device. Precision must be assessed by agreement within replicates on the assay final result for each representative mutation, as applicable, and also supported by sequencing quality metrics for targeted regions across the panel.
( D ) Description of the protocols and/or data adequately demonstrating the interchangeability of reagent lots and multiplexing barcodes.
( E ) A description of the nucleic acid assay input concentration range and the evidence to adequately support the range.
( F ) A description of the data adequately supporting the limit of detection of the device.
( G ) A description of the data to adequately support device accuracy using clinical specimens representing the intended specimen type and range of tumor types, as applicable. ( 1 ) Clinical specimens tested to support device accuracy must adequately represent the list of cancer mutations with evidence of clinical significance to be detected by the device.
( 2 ) For mutations that are designated as cancer mutations with evidence of clinical significance and that are based on evidence established in the intended specimen type (*e.g.,* tumor tissues) but for a different analyte type (*e.g.,* protein, RNA) and/or a measurement (*e.g.,* incorporating a score or copy number) and/or with an alternative technology (*e.g.,* IHC, RT-qPCR, FISH), evidence of accuracy must include clinically adequate concordance between results for the mutation and the medically established biomarker test (*e.g.,* evidence generated from an appropriately sized method comparison study using clinical specimens from the target population).
( 3 ) For qualitative DNA mutations not described in paragraph (b)(1)(iv)(G)( 2 ) of this section, accuracy studies must include both mutation-positive and wild-type results.
( H ) Adequate device stability information.
( v ) Information that adequately supports the clinical significance of the panel must include: ( A ) Criteria established on what types and levels of evidence will clinically validate a mutation as a cancer mutation with evidence of clinical significance versus a cancer mutation with potential clinical significance.
( B ) For representative mutations of those designated as cancer mutations with evidence of clinical significance, a description of the clinical evidence associated with such mutations, such as clinical evidence presented in professional guidelines, as appropriate, with method comparison performance data as described in paragraph (b)(1)(iv)(G) of this section.
( C ) For all other mutations designated as cancer mutations with potential clinical significance, a description of the rationale for reporting.
( 2 ) The 21 CFR 809.10 compliant labeling and any product information and test report generated, must include the following, as applicable: ( i ) The intended use statement must specify the following: ( A ) The test is indicated for previously diagnosed cancer patients.
( B ) The intended specimen type(s) and matrix (*e.g.,* formalin-fixed, paraffin-embedded tumor tissue).
( C ) The mutation types (*e.g.,* single nucleotide variant, insertion, deletion, copy number variation or gene rearrangement) for which validation data has been provided.
( D ) The name of the testing facility or facilities, as applicable.
( ii ) A description of the device and summary of the results of the performance studies performed in accordance with paragraphs (b)(1)(iii), (b)(1)(iv), and (b)(1)(v) of this section.
( iii ) A description of applicable test limitations, including, for device specific mutations validated with method comparison data to a medically established test in the same intended specimen type, appropriate description of the level of evidence and/or the differences between next generation sequencing results and results from the medically established test (*e.g.,* as described in professional guidelines).
( iv ) A listing of all somatic mutations that are intended to be detected by the device and that are reported in the test results under the following two categories or equivalent designations, as appropriate: “cancer mutations panel with evidence of clinical significance” or “cancer mutations panel with potential clinical significance.”
( v ) For mutations reported under the category of “cancer mutations panel with potential clinical significance,” a limiting statement that states “For the mutations listed in [cancer mutations panel with potential clinical significance or equivalent designation], the clinical significance has not been demonstrated [with adequate clinical evidence (*e.g.,* by professional guidelines) in accordance with paragraph (b)(1)(v) of this section] or with this test.”
( vi ) For mutations under the category of “cancer mutations panel with evidence of clinical significance,” or equivalent designation, link(s) for physicians to access internal or external information concerning decision rules or conclusions about the level of evidence for clinical significance that is associated with the marker in accordance with paragraph (b)(1)(v) of this section.
[83 FR 28995, June 22, 2018]