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FDA Issues Final Guidance on Interoperable Medical Devices

By Sheila Millar, Jean-Cyril Walker & Tracy Marshall on October 5, 2017
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The U.S. Food and Drug Administration (FDA) finalized its recommendations on September 6, 2017 on how to secure interoperable medical devices’ interactions with other devices and information systems. The FDA’s initial guidance, drafted in January 2016, was designed to help manufacturers develop safe, secure information exchange systems in connected medical devices. The updated guidance incorporates comments received from industry, developers, and the public, and specifically recommends that all manufacturers of electronic medical devices take the following three steps:

  • Design their devices with interoperability as an objective;
  • Conduct appropriate verification, validation and risk management activities; and
  • Clearly specify the relevant functional, performance, and interface characteristics to the user.

The final guidance also clarifies what information on interoperability should be included in premarket submissions, makes recommendations “for appropriate functional, performance, and interface requirements for connected devices to avoid errors and inadequate interoperability, such as differences in units of measure,” and advises designers and manufacturers to “provide information on a product’s functional performance and interface characteristics so that those using it with other devices and systems can do so safely.”

Connected medical devices can offer patients enhanced functionality and a better user experience. They can also help to optimize health outcomes and reduce costs. However, care must be taken to assure that all relevant safety and usability concerns are addressed. The FDA’s updated guidance is geared toward helping manufacturers maximize the safety and security of connected medical devices and to ensure that operating and interface requirements are transparent.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Jean-Cyril Walker Jean-Cyril Walker

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery…

JC Walker practices environmental, product safety and energy efficiency law.

Mr. Walker’s environmental practice focuses on a wide range of matters, including compliance with U.S. requirements governing the safe management and disposal of chemical and hazardous substances under the Resource Conservation and Recovery Act and state analogues. Mr. Walker regularly advises industry and trade association clients on regulations of hazardous air pollutants under the federal Clean Air Act (CAA) and state and local air pollution statutes, as well as emissions of volatile organic compounds (VOCs) in adhesives, paints, and other industrial and consumer products.

Mr. Walker also regularly advises clients on product safety issues. This includes assessing compliance with the Federal Hazardous Substances Act (FHSA), other Consumer Product Safety Commission (CPSC) requirements, and state consumer product requirements.

Additionally, Mr. Walker counsels a broad range of industries on compliance with the U.S. Energy Policy and Conservation Act and California’s energy efficiency regulations. Representative clients include manufacturers and distributors of: consumer appliances; commercial refrigeration equipment; heating, ventilation and air conditioning equipment; and computers and consumer electronic devices.

In addition to compliance advice, Mr. Walker regularly represents clients in actions brought by the U.S. Environmental Protection Agency, the Department of Energy, the Federal Trade Commission (FTC), and other Federal and state agencies.

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Photo of Tracy Marshall Tracy Marshall

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She …

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.

In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.

Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.


To learn more about Tracy’s practice areas, click here.
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  • Posted in:
    Health Care and Life Sciences
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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