Safety, Effectiveness and Valid Scientific Evidence for Medical Devices
Pursuant to the FDA regulations under 21 CFR Part 860, the following terms are defined.
Safety
There is reasonable assurance that a device is safe when it can be determined, based upon valid scientific evidence, that the probable benefits to health from use of the device for its intended uses and conditions of use, when accompanied by adequate directions and warnings against unsafe use, outweigh any probable risks. The valid scientific evidence used to determine the safety of a device shall adequately demonstrate the absence of unreasonable risk of illness or injury associated with the use of the device for its intended uses and conditions of use.
- 21 CFR Section 860.7(d)(1)
Effectiveness
There is reasonable assurance that a device is effective when it can be determined, based upon valid scientific evidence, that in a significant portion of the target population, the use of the device for its intended uses and conditions of use, when accompanied by adequate directions for use and warnings against unsafe use, will provide clinically significant results.
- 21 CFR Section 860.7(e)(1)
Valid Scientific Evidence
Valid scientific evidence is evidence from well-controlled investigations, partially controlled studies, studies and objective trials without matched controls, well-documented case histories conducted by qualified experts, and reports of significant human experience with a marketed device, from which it can fairly and responsibly be concluded by qualified experts that there is reasonable assurance of the safety and effectiveness of a device under its conditions of use.
The evidence required may vary according to the characteristics of the device, its conditions of use, the existence and adequacy of warnings and other restrictions, and the extent of experience with its use. Isolated case reports, random experience, reports lacking sufficient details to permit scientific evaluation, and unsubstantiated opinions are not regarded as valid scientific evidence to show safety or effectiveness. Such information may be considered, however, in identifying a device the safety and effectiveness of which is questionable.
The valid scientific evidence used to determine the effectiveness of a device shall consist principally of well-controlled investigations unless the Commissioner authorizes reliance upon other valid scientific evidence which the Commissioner has determined is sufficient evidence from which to determine the effectiveness of a device, even in the absence of well-controlled investigations.
- 21 CFR Section 860.7(c)(2)
Download 21 CFR Part 860 in PDF
FDA Laws and Regulations
- FD&C Act, FDASIA and BPCIA/PHSA
- Patient Protection and Affordable Care Act
- Medical Device User Fee and Modernization Act of 2002
- Food and Drug Administration Modernization Act of 1997
- Orphan Drug Act of 1983
Last Updated: 2016-03-15
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