Public Workshop - Medical Device User Fee Program Public Meeting, September 14, 2010
The purpose of the workshop is to provide an opportunity for stakeholders to present their views on the medical device user fee program. We welcome this opportunity to hear from stakeholders as we begin the next reauthorization process.
- Date, Time and Location
- Federal Register Notice
- Public Comment
- Contact Us
FDA is currently in the process of determining the meeting location which will be in the Washington, DC metropolitan area. When the location has been determined, FDA plans to publish a second notice in the Federal Register that identifies the address of the meeting location. This website will also be updated.
The Food and Drug Administration (FDA) is announcing a public meeting on the medical device user fee program, originally enacted in the Medical Device User Fee and Modernization Act (MDUFMA), and renewed in the Medical Device User Fee Amendments of 2007 (MDUFA). The legislative authority for the medical device user fee program expires in September 2012. At that time, new legislation will be required for FDA to continue collecting user fees for the medical device program. The Federal Food, Drug, and Cosmetic Act (FD&C Act) requires that before FDA begins negotiations with the regulated industry on medical device user fee program reauthorization, we hold a public meeting at which the public may present its views on the reauthorization and provide a period of 30 days after the public meeting to obtain written comments from the public suggesting changes. FDA invites public comment on the medical user fee program and suggestions regarding the commitments FDA should propose for the next reauthorized program.
In the years preceding enactment of Medical Device User Fee and Modernization Act of 2002 (MDUFMA) (Public Law 107-250), FDAs medical device program suffered a long-term, significant loss of resources that undermined the programs capacity and performance. MDUFMA was enacted "in order to provide the Food and Drug Administration (FDA) with the resources necessary to better review medical devices, to enact needed regulatory reforms so that medical device manufacturers can bring their safe and effective devices to the American people at an earlier time, and to ensure that reprocessed medical devices are as safe and effective as original devices."1 MDUFMA had a 5-year life and contained two particularly important features which relate to reauthorization:
- User fees for the review of medical device premarket applications, reports, supplements, and premarket notification submissions provided additional resources to make FDA reviews more timely, predictable, and transparent to applicants. MDUFMA fees and mandated appropriations for the medical device program, helped FDA expand available expertise, modernized its information management systems, provided new review options, and provided more guidance to prospective applicants. The ultimate goal was to approve and clear safe and effective medical devices more rapidly, benefiting applicants, the health care community, and most importantly, patients.
- Negotiated Performance goals for many types of premarket reviews provided FDA with benchmarks for measuring review improvements. These quantifiable goals became more demanding each year and include FDA decision goals and cycle goals (cycle goals refer to FDA actions prior to a final action on a submission). Under MDUFMA, FDA must also have met several other commitments that do not have specific time frames or direct measures of performance, such as expanding the use of meetings with industry, maintenance of current performance in review areas where specific performance goals have not been identified, and publication of additional guidance documents.
Medical device user fees and increased appropriations were viewed by FDA, Congress, and industry stakeholders as essential to support high-quality, timely medical device reviews, and other activities critical to the device review program.
MDUFMA provided for fee discounts and waivers for small businesses. Small businesses make up a large proportion of the medical device industry, and these discounts and waivers helped reduce the financial impact of the user fees on this sector of the device industry, which plays an important role in fostering innovation.
The negotiated performance goals and commitments that did not have specific time frames or direct measures of performance set under MDUFMA were comprehensive and demanding. By FY 2007, a total of 85 performance goals and commitments were in effect. FDA provided periodic reports on its progress towards meeting these performance goals and commitments to its stakeholders and Congress. FDA also provided an annual financial report to Congress to help ensure transparency and accountability of its use of the additional resources provided by MDUFMA.
In 2007, Congress reauthorized medical device user fees through fiscal year 2012 under the Medical Device User Fee Amendments of 2007(MDUFA) (title II of the Food and Drug Administration Amendments Act of 2007(FDAAA) (Public Law 110-85).
Under MDUFA, the user fee program remained intact, with a few significant modifications to the program. The user fee framework was changed to provide a more reliable and stable funding stream. Specifically, MDUFA included establishment registration as a new fee type which provided a more predictable amount of funds that could be collected by the Agency in any given year. MDUFA also saw changes to the performance goals. Compared to MDUFMA, there were fewer performance goals under MDUFA, yet the goals were more demanding. Specifically, individual cycle goals were removed and tighter overall goals were implemented. This was done to facilitate a more interactive review process. Specific timelines were established under MDUFA for Modular PMAs and Real-Time PMA supplements, which were not established under MDUFMA in 2002.
The purpose of the upcoming meeting is to hear stakeholder views on medical device user fee reauthorization as we consider the features to propose in the next medical device user fee program. FDA is interested in responses to the following two general questions and welcomes any other pertinent information stakeholders would like to share:
- What is your assessment of the overall performance of the medical device user fee program thus far?
- What aspects of the medical device user fee program should be retained, changed, or discontinued to further strengthen and improve the program?
FDA will also post, in advance of the public meeting, several web-based presentations on the medical device user fee program to give the public more background information on the program. These pre-recorded seminars will become available approximately 10 days before the public meeting on this site. They will be free of charge and can be viewed at any time once posted.
September 14, 2010
|8:00 - 9:00 am||Registration|
|9:00 - 9:05 am||Welcome|
|9:05 - 9:15 am||Opening Remarks|
|9:15 - 9:45 am||Panel 1 - FDA Perspectives|
|9:45 - 10:45 am||Panel 2 - Consumer Perspectives|
|10:45 - 11:00 am||Break|
|11:00 am - 12:00 pm||Panel 3 - Patient Perspectives|
|12:00- 1:00 pm||Lunch|
|1:00 - 2: 00 pm||Panel 4 - Health Care Professional Perspectives|
|2:00 - 2:45 pm||Panel 5 - Scientific and Academic Expert Perspectives|
|2:45 - 3:00 pm||Break|
|3:00 - 3:45 pm||Panel 6 - Regulated Industry Perspectives|
|3:45 - 5:00 pm||Open Public Comment|
Transcripts will be posted approximately two weeks after the Public Meeting.
Any person may submit written or electronic comments to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852 http://www.regulations.gov. Submit a single copy of electronic comments or two paper copies of any mailed comments, except that individuals may submit one paper copy. Comments are to be identified with the docket number [Docket No. 2010–N–0389]. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. To ensure consideration, all comments must be received by October 14, 2010.
If you wish to attend this Workshop, you must register by close of business on August 31, 2010.
There is no fee to register for the Workshop and registration will be on a first-come, first-served basis. Early registration is recommended because seating is limited. However, FDA may limit the number of participants from each organization based on space limitations to ensure representation of all stakeholder interest groups.
Registrants will receive confirmation once they have been accepted; they will be notified by Friday, September 3rd.
Onsite registration on the day of the meeting will be based on space availability.
If you wish to speak during the public comment session at the end of meeting, you must indicate this at the time of registration. FDA will do its best to accommodate requests to speak and will inform speakers, in advance, of the meeting, how much time they will be allotted. If you wish to speak, we recommend that you be available for the entire day as previous public meetings have occasionally moved ahead of schedule.
If you need special accommodations due to a disability, or additional information regarding registration, please contact Jim Swink, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Avenue, Bldg. 66, Silver Spring, MD 20993, 301-796-6313, FAX: 301–847–8121, James.Swink@fda.hhs.gov.
James Swink, Food and Drug
Administration, Center for Devices &
Radiological Health, 10903 New
Hampshire Ave., Bldg. 66, rm. 1609,
Silver Spring, MD 20993,
1 H.R. Rep. No. 107-728, at 21 (2002).