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Changes to Medical Device Definition for Software Functions Under the 21st Century Cures Act

This guidance clarifies the impact of Section 3060 of the 21st Century Cures Act on medical software regulation, specifically focusing on software functions that are excluded from the definition of a medical device under sections 520(o)(1)(A)-(D) of the FD&C Act. It details changes to existing FDA guidance documents related to medical device software.

  1. Review existing software products to determine if they fall under the excluded categories
  2. For electronic health record software, verify ONC Health IT Certification status
  3. Evaluate multiple function products to identify which functions remain regulated as devices
  4. Update product documentation and regulatory strategy based on new device/non-device status
  5. For hardware products, maintain compliance with device requirements even if associated software is excluded
  6. Review labeling to ensure alignment with new regulatory status
  7. Monitor for additional FDA guidance on clinical decision support software and multiple function products
  8. Consider implementing version control to track regulated vs non-regulated software functions

Key Considerations

Software

  • Software functions for administrative support of healthcare facilities are not devices
  • Software functions for maintaining/encouraging healthy lifestyle unrelated to diagnosis/treatment are not devices
  • Electronic patient record software functions are not devices if:
    • Created/stored/reviewed by healthcare professionals
    • Certified under ONC Health IT Certification Program
    • Not intended for interpretation/analysis
  • Software functions for transferring/storing/converting/displaying clinical data are not devices unless intended for interpretation/analysis

Other considerations

  • 21 CFR 880.6310: Medical Device Data Systems
  • 21 CFR 892.2010: Medical Image Storage Devices
  • 21 CFR 892.2020: Medical Image Communications Devices

Original guidance

  • Changes to Medical Device Definition for Software Functions Under the 21st Century Cures Act
  • HTML / PDF
  • Issue date: 2019-09-27
  • Last changed date: 2019-09-30
  • Status: FINAL
  • Official FDA topics: Medical Devices, Digital Health, Postmarket, Premarket, Biologics
  • ReguVirta summary file ID: 2e6034f08709b936d5fa0bd8425f4d6c
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