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October 26, 2022

FDA Seeks Comments on Proposed Update to Breakthrough Devices Program Intended to Reduce Health Disparities

October 26, 2022—The FDA’s Center for Devices and Radiological Health and Center for Biologics Evaluation and Research announced a draft guidance in which the FDA proposes select updates to the December 2018 FDA guidance document, “Breakthrough Devices Program Guidance for Industry and Food and Drug Administration Staff.”

According to the FDA, the select updates to the guidance are intended to clarify how the program may be applicable to certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating diseases or conditions in populations impacted by health and/or health care disparities.

The first part of the proposed guidance is “Update to Section III.B.1 First Criterion” that defines whether a device provides for “more effective” treatment or diagnosis.

The second part of the proposed guidance is “Update to Section III.B.3 Additional Considerations,” which provides language for the Breakthrough Devices Program to help address health care disparities.

Excerpts from the second part of the update state the following (Lines 82-87):

“Health and health care disparities exist and occur across many dimensions, including race, ethnicity, socioeconomic status, age, sex, disability status, sexual orientation, gender identity, language, and location, among others, as summarized in reports by the Agency for Healthcare Research and Quality and Department of Health and Human Services Office of Minority Health. Addressing health and health care disparities is not only important for achieving health equity, but also for improving the overall quality of life and health outcomes for all patients.”

Additionally (Lines 95-107):

“One dimension contributing to health and health care disparities is the inability to recognize and address the ways in which treatment outcomes may differ by race, ethnicity, sex, and/or other factors. For some diseases, the pathophysiology, clinical features, and response to treatment may be impacted by these factors. Health and health care disparities can be exacerbated due to a lack of recognition of these differences, including implicit biases, and/or the lack of devices designed to effectively diagnose or treat the condition in a manner that addresses these differences. The Breakthrough Devices Program can be used to provide more timely access to devices that address the unmet needs of populations that may experience health and/or health care disparities. For example, as part of FDA’s assessment of whether a device is reasonably expected to be more effective, we consider if it is designed to address a pathophysiological or clinical characteristic associated with certain populations that could have a clinically meaningful impact for the treatment or diagnosis of the condition in those populations. Such a device may, therefore, be considered as reasonably expected to offer a more effective treatment or diagnosis as is consistent with criterion 1 of the designation criteria. FDA considers technologies and device features tailored to address characteristic differences, such as those arising from social factors, phenotypic variations, pathophysiology, and/or response to treatment, when evaluating if there is a reasonable expectation that the device may provide for more effective treatment or diagnosis as compared to the current standard of care, including the device’s potential to be more effective in certain populations.”

The existing guidance on the Breakthrough Devices Program remains in effect, in its current form, until this draft guidance is finalized, advised the FDA.

The FDA invites comments, which must be submitted by December 20, 2022. Comments may be submitted online at www.regulations.gov/docket/FDA-2022-D-1061. Written comments may also be submitted by mail at: Dockets Management; Food and Drug Administration; 5630 Fishers Lane, Rm 1061; Rockville, MD 20852. Written comments must by identified with the document’s docket number, FDA-2022-D-1061.

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