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Wireless Medical Technologies: Navigating Government Regulation in the New Medical Age
Fish & Richardson's Regulatory Group assists medical device clients through the maze of the still-evolving regulations of both the Federal Communications Commission (which regulates use of the radio spectrum) and the Food and Drug Administration (which regulates medical devices).
Without the proper authorizations from the FCC and FDA, a medical device cannot be lawfully marketed in the United States. After the proper authorizations have been obtained, we also help companies respond to agency investigations and other enforcement actions, seeking to avoid fines, forfeitures or other punishments, which could lead to civil litigation and shareholder lawsuits.
We are witnessing an explosive growth in wireless medical devices, some implanted and some worn on the body, which control bodily functions and measure an array of physiological parameters. Even software itself, such as an Apple iPhone app, could be considered a medical device depending on its function. Many other wireless medical devices communicate in some manner with landline networks, cellular systems, or broadband facilities that access the Internet.
Fish has established this section of our website to keep clients up to date on current events in the fast-moving industry of wireless medical technology and telemedicine. If you would like to receive future updates by email, click here.
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| News and Events |
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January 26, 2012 - Bloomberg BNA and Fish & Richardson present “The Future of Wireless Medical Devices” on January 26, 2012 from 1:00 – 2:30 pm ET. For more information click here.
October 25, 2011 - Fish & Richardson and CBI present “The Future of Wireless Medical Devices - FCC, FDA, and Patent Considerations.” Speakers include Keith Barritt (DC), Terry Mahn (DC), William Hunter (Southern California) and Charles Gropper from CardioNet.
Watch the presentation here.
July 26-27, 2010 - The Federal Communications Commission and Food and Drug Administration held a joint public hearing on wireless medical devices in Washington, D.C. The purpose of the hearing was to gather information on the developing market for wireless medical devices and explore how the two agencies might cooperate in the future to help streamline the marketing authorization process. Specific topics of discussion included: (1) data integrity and reliability issues; (2) device and system security issues; (3) trends in medical devices using allocated spectrum and spectrum that does not require an FCC license; (4) risk management; and (5) current FDA and FCC regulatory requirements. Additional information can be found here.
At the public hearing, the FCC and FDA released a joint Memorandum of Understanding in which both agencies agreed to work together to promote initiatives related to the review and use of FDA-regulated medical devices that utilize radiofrequency emissions. Click here to view.
The MOU is intended to promote collaboration and ultimately improve the efficiency of the regulatory processes for such devices. The goals of the MOU are to explore ways to: (1) enhance information sharing to ensure the safety and efficacy of medical devices; (2) improve the efficiency of both agencies’ regulatory schemes; (3) promote efficient utilization of “tools” and expertise for product analysis, validation, and risk identification; and (4) build “infrastructure and processes” that meet the agencies’ common needs.
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| Additional Resources |
Fish in the News
"New FDA Draft Guidance Sheds Light On Regulation of ‘Mobile Medical Apps’ and Other Software," written by Keith Barritt, August 10, 2011, BNA Medical Devices Law & Industry Report Vol. 5, No. 16
Fish’s Keith Barritt quoted in BNA's Health IT Law & Industry “FDA Proposes Approach for Regulating Certain Mobile Health Care Applications” July 19, 2011
Fish’s Keith Barritt quoted in BNA's Medical Devices Law & Industry Report “FCC Approval of Software for Transmitter Testing Should Speed Development, Cut Costs” March 23, 2011
Fish's Keith Barritt quoted in BNA's Medical Devices Law & Industry Report “FDA Clears First Diagnostic Radiology Software Application for Apple iPhone, iPad” February 9, 2011
Fish's Keith Barritt quoted in BNA's Medical Devices Law & Industry Report on 510 (k) Clearances, August 10, 2010
Industry and Legal Publications
FDA Links of Interest
FCC Links of Interest
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Related Practices
PatentRegulatory
Related Sectors Medical DeviceSoftware
For more information, contact:
Keith Barritt, Principal 202-626-6433
William Hunter, Principal 858-678-4707
Terry Mahn, Principal 202-626-6421
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