Step 2: Determining the FDA Regulatory Requirements for use of your Drug or Medical Device (IND or IDE Exemption)

After determining that you are using a drug or medical device, you need to know the regulatory requirements that apply to your clinical trial. Drug regulations can be found in [21 CFR 312] and device regulations can be found in [21 CFR 812]. For further guidance, please contact OCR Regulatory via email at psom-ind-ide@pobox.upenn.edu. Some reviews of drugs and devices may be deferred to the FDA or may have a requirement for FDA review (i.e. certain grants); see Step 5 for additional details.

Drugs and the IND Regulations

 

Drug studies may fall into two categories:

  • IND exempt or
  • IND application required

IND Exemption Flow Chart

 

Medical Devices and the IDE Regulations

Medical device studies may fall into several different categories:

  • Part 812 doesn’t apply (not studied for safety/effectiveness and no intent to develop for marketing)
  • FDA Enforcement Discretion (FDA is not enforcing medical device regulations for the device in question)
  • IDE Exempt
  • Not IDE Exempt, presenting non-significant risk (Abbreviated IDE application)
  • Not IDE Exempt, presenting significant risk (Full IDE application)

IDE Exemption Flow Chart