Table 9.
Modified in response to an order of a qualified provider |
“Necessarily deviates”∗ from an otherwise applicable performance standard such that investigations would be impractical |
Not generally available for commercial distribution in the United States from a manufacturer, importer, or distributor |
Designed to treat a unique pathological or physiological condition, or intended for use by a single patient named in the order of the qualified practitioner |
Assembled from components made on a case-by-case basis |
Intended for treatment of a “sufficiently rare”† condition |
Produced in fewer than 5 units per yr‡ |
FDA = U.S. Food and Drug Administration.
“Necessarily deviate” is defined by the FDA as a device that is modified to be sufficiently unique that clinical investigations would be impractical and could not be done to prove conformance to applicable performance standards and/or to support a premarket review.
”Sufficiently rare condition” is defined by the FDA as a condition in a patient population in which the incidence and prevalence is so small that conducting clinical trials would be impractical.
See text for further details defining 5 units per yr.