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In 2009, the GAO recommended that the FDA take steps to issue regulations for high-risk devices allowed to enter the device market through the agency's 510(k) process. And while the FDA has since issued a final rule regarding classifications of one device, as of April 1, the FDA had yet to enforce action on 26 Class III devices.
According to GAO, devices such as AEDs are still entering the U.S. device market through a "less stringent" 510(k) process approval. Since the GAO report released in 2009, the FDA has since cleared an estimated 67 510(k) submissions for these types of high-risk devices.
"While FDA has taken essential initial steps toward implementing our recommendation, until the agency issues final regulations either reclassifying or requiring PMAs [pre marketing approvals] for Class III device types that currently can be cleared through the less stringent 510(k) process, its actions remain incomplete," according to the GAO.
And while the FDA has implemented some additional steps, such as having the Institute of Medicine conduct independent reviews of the premarketing review process, the GAO said the FDA process is still incomplete."
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