21 CFR PART 812--INVESTIGATIONAL DEVICE EXEMPTIONS

	Subpart A—General Provisions

Sec. 812.1 Scope.
812.1(a) Purpose	(a) The purpose of this part is to encourage, to the extent consistent with the protection of public health and safety and with ethical standards, the discovery and development of useful devices intended for human use, and to that end to maintain optimum freedom for scientific investigators in their pursuit of this purpose. This part provides procedures for the conduct of clinical investigations of devices. An approved investigational device exemption (IDE) permits a device that otherwise would be required to comply with a performance standard or to have premarket approval to be shipped lawfully for the purpose of conducting investigations of that device. An IDE approved under Sec. 812.30 or considered approved under Sec. 812.2(b) exempts a device from the requirements of the following sections of the Federal Food, Drug, and Cosmetic Act (the act) and regulations issued thereunder: Misbranding under section 502 of the act, registration, listing, and premarket notification under section 510, performance standards under section 514, premarket approval under section 515, a banned device regulation under section 516, records and reports under section 519, restricted device requirements under section 520(e), good manufacturing practice requirements under section 520(f) except for the requirements found in Sec. 820.30, if applicable (unless the sponsor states an intention to comply with these requirements under Sec. 812.20(b)(3) or Sec. 812.140(b)(4)(v)) and color additive requirements under section 721.
812.1(b) References are to 21 CFR, Chapter 1	(b) References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21, unless otherwise noted.
	[45 FR 3751, Jan. 18, 1980, as amended at 59 FR 14366, Mar. 28, 1994; 61 FR 52654, Oct. 7, 1996]

Sec. 812.2 Applicability.
812.2(a) General	(a) General. This part applies to all clinical investigations of devices to determine safety and effectiveness, except as provided in paragraph (c) of this section.
812.2(b) Abbreviated requirements for these investigations	(b) Abbreviated requirements. The following categories of investigations are considered to have approved applications for IDE’s, unless FDA has notified a sponsor under Sec. 812.20(a) that approval of an application is required:
812.2(b)(1) Non significant risk device investigations	(1) An investigation of a device other than a significant risk device, if the device is not a banned device and the sponsor: (i) Labels the device in accordance with Sec. 812.5; (ii) Obtains IRB approval of the investigation after presenting the reviewing IRB with a brief explanation of why the device is not a significant risk device, and maintains such approval; (iii) Ensures that each investigator participating in an investigation of the device obtains from each subject under the investigator’s care, informed consent under part 50 and documents it, unless documentation is waived by an IRB under Sec. 56.109(c). (iv) Complies with the requirements of Sec. 812.46 with respect to monitoring investigations; (v) Maintains the records required under Sec. 812.140(b) (4) and (5) and makes the reports required under Sec. 812.150(b) (1) through (3) and (5) through (10); (vi) Ensures that participating investigators maintain the records required by Sec. 812.140(a)(3)(i) and make the reports required under Sec. 812.150(a) (1), (2), (5), and (7); and (vii) Complies with the prohibitions in Sec. 812.7 against promotion and other practices.
812.2(b)(2) Investigations begun prior to January 19, 1981	(2) An investigation of a device other than one subject to paragraph (e) of this section, if the investigation was begun on or before July 16, 1980, and to be completed, and is completed, on or before January 19, 1981.
812.2(c) Exempted investigations for these devices	(c) Exempted investigations. This part, with the exception of Sec. 812.119, does not apply to investigations of the following categories of devices:
812.2(c)(1) A device in commercial distribution before May 28, 1976	(1) A device, other than a transitional device, in commercial distribution immediately before May 28, 1976, when used or investigated in accordance with the indications in labeling in effect at that time.
812.2(c)(2) Device substantially equivalent to one in distribution before that date	(2) A device, other than a transitional device, introduced into commercial distribution on or after May 28, 1976, that FDA has determined to be substantially equivalent to a device in commercial distribution immediately before May 28, 1976, and that is used or investigated in accordance with the indications in the labeling FDA reviewed under subpart E of part 807 in determining substantial equivalence.
812.2(c)(3) Noninvasive diagnostic device	(3) A diagnostic device, if the sponsor complies with applicable requirements in Sec. 809.10(c) and if the testing: (i) Is noninvasive, (ii) Does not require an invasive sampling procedure that presents significant risk, (iii) Does not by design or intention introduce energy into a subject, and (iv) Is not used as a diagnostic procedure without confirmation of the diagnosis by another, medically established diagnostic product or procedure.
812. (c)(4) Device undergoing consumer preference testing	(4) A device undergoing consumer preference testing, testing of a modification, or testing of a combination of two or more devices in commercial distribution, if the testing is not for the purpose of determining safety or effectiveness and does not put subjects at risk.
812.2(c)(5) Device for veterinary use	(5) A device intended solely for veterinary use.
812.2(c)(6) Device for research with laboratory animals	(6) A device shipped solely for research on or with laboratory animals and labeled in accordance with Sec. 812.5(c).
812.2(c)(7) A custom device	(7) A custom device as defined in Sec. 812.3(b), unless the device is being used to determine safety or effectiveness for commercial distribution.
812.2(d) Limit on certain exemptions	(d) Limit on certain exemptions. In the case of class II or class III device described in paragraph (c)(1) or (2) of this section, this part applies beginning on the date stipulated in an FDA regulation or order that calls for the submission of premarket approval applications for an unapproved class III device, or establishes a performance standard for a class II device.
812.2(e) Investigations subject to IND’s	(e) Investigations subject to IND’s. A sponsor that, on July 16, 1980, has an effective investigational new drug application (IND) for an investigation of a device shall continue to comply with the requirements of part 312 until 90 days after that date. To continue the investigation after that date, a sponsor shall comply with paragraph (b)(1) of this section, if the device is not a significant risk device, or shall have obtained FDA approval under Sec. 812.30 of an IDE application for the investigation of the device. [45 FR 3751, Jan. 18, 1980, as amended at 46 FR 8956, Jan. 27, 1981; 46 FR 14340, Feb. 27, 1981; 53 FR 11252, Apr. 6, 1988; 62 FR 4165, Jan, 29, 1997; 62 FR 12096, Mar. 14, 1997]

Sec. 812.3 Definitions.	Sec. 812.3 Definitions
812.3(a) Act	(a) Act means the Federal Food, Drug, and Cosmetic Act (sections 201-901, 52 Stat. 1040 et seq., as amended (21 U.S.C. 301-392)).
812.3(b) Custom device	(b) Custom device means a device that: (1) Necessarily deviates from devices generally available or from an applicable performance standard or premarket approval requirement in order to comply with the order of an individual physician or dentist; (2) Is not generally available to, or generally used by, other physicians or dentists; (3) Is not generally available in finished form for purchase or for dispensing upon prescription; (4) Is not offered for commercial distribution through labeling or advertising; and (5) Is intended for use by an individual patient named in the order of a physician or dentist, and is to be made in a specific form for that patient, or is intended to meet the special needs of the physician or dentist in the course of professional practice.
812.3(c) FDA	(c) FDA means the Food and Drug Administration.
812.3(d) Implant	(d) Implant means a device that is placed into a surgically or naturally formed cavity of the human body if it is intended to remain there for a period of 30 days or more. FDA may, in order to protect public health, determine that devices placed in subjects for shorter periods are also “implants” for purposes of this part.
812.3(e) Institution	(e) Institution means a person, other than an individual, who engages in the conduct of research on subjects or in the delivery of medical services to individuals as a primary activity or as an adjunct to providing residential or custodial care to humans. The term includes, for example, a hospital, retirement home, confinement facility, academic establishment, and device manufacturer. The term has the same meaning as “facility” in section 520(g) of the act.
812.3(f) Institutional review board	(f) Institutional review board (IRB) means any board, committee, or other group formally designated by an institution to review biomedical research involving subjects and established, operated, and functioning in conformance with part 56. The term has the same meaning as “institutional review committee” in section 520(g) of the act.
812.3(g) Investigational device	(g) Investigational device means a device, including a transitional device, that is the object of an investigation.
812.3(h) Investigation	(h) Investigation means a clinical investigation or research involving one or more subjects to determine the safety or effectiveness of a device.
812.3(i) Investigator	(i) Investigator means an individual who actually conducts a clinical investigation, i.e., under whose immediate direction the test article is administered or dispensed to, or used involving, a subject, or, in the event of an investigation conducted by a team of individuals, is the responsible leader of that team.
812.3(j) Monitor	(j) Monitor, when used as a noun, means an individual designated by a sponsor or contract research organization to oversee the progress of an investigation. The monitor may be an employee of a sponsor or a consultant to the sponsor, or an employee of or consultant to a contract research organization. Monitor, when used as a verb, means to oversee an investigation.
812.3(k) Noninvasive	(k) Noninvasive, when applied to a diagnostic device or procedure, means one that does not by design or intention: (1) Penetrate or pierce the skin or mucous membranes of the body, the ocular cavity, or the urethra, or (2) enter the ear beyond the external auditory canal, the nose beyond the nares, the mouth beyond the pharynx, the anal canal beyond the rectum, or the vagina beyond the cervical os. For purposes of this part, blood sampling that involves simple venipuncture is considered noninvasive, and the use of surplus samples of body fluids or tissues that are left over from samples taken for noninvestigational purposes is also considered noninvasive.
812.3(l) Person	(l) Person includes any individual, partnership, corporation, association, scientific or academic establishment, Government agency or organizational unit of a Government agency, and any other legal entity.
812.3(m) Significant risk device	(m) Significant risk device means an investigational device that: (1) Is intended as an implant and presents a potential for serious risk to the health, safety, or welfare of a subject; (2) Is purported or represented to be for a use in supporting or sustaining human life and presents a potential for serious risk to the health, safety, or welfare of a subject; (3) Is for a use of substantial importance in diagnosing, curing, mitigating, or treating disease, or otherwise preventing impairment of human health and presents a potential for serious risk to the health, safety, or welfare of a subject; or (4) Otherwise presents a potential for serious risk to the health, safety, or welfare of a subject.
812.3(n) Sponsor	(n) Sponsor means a person who initiates, but who does not actually conduct, the investigation, that is, the investigational device is administered, dispensed, or used under the immediate direction of another individual. A person other than an individual that uses one or more of its own employees to conduct an investigation that it has initiated is a sponsor, not a sponsor-investigator, and the employees are investigators.
812.3(o) Sponsor-investigator	(o) Sponsor-investigator means an individual who both initiates and actually conducts, alone or with others, an investigation, that is, under whose immediate direction the investigational device is administered, dispensed, or used. The term does not include any person other than an individual. The obligations of a sponsor-investigator under this part include those of an investigator and those of a sponsor.
812.3(p) Subject	(p) Subject means a human who participates in an investigation, either as an individual on whom or on whose specimen an investigational device is used or as a control. A subject may be in normal health or may have a medical condition or disease.
812.3(q) Termination	(q) Termination means a discontinuance, by sponsor or by withdrawal of IRB or FDA approval, of an investigation before completion.
812.3(r) Transitional device	(r) Transitional device means a device subject to section 520(l) of the act, that is, a device that FDA considered to be a new drug or an antibiotic drug before May 28, 1976.
812.3(s) Unanticipated adverse device effect	(s) Unanticipated adverse device effect means any serious adverse effect on health or safety or any life-threatening problem or death caused by, or associated with, a device, if that effect, problem, or death was not previously identified in nature, severity, or degree of incidence in the investigational plan or application (including a supplementary plan or application), or any other unanticipated serious problem associated with a device that relates to the rights, safety, or welfare of subjects. [45 FR 3751, Jan. 18, 1980, as amended at 46 FR 8956, Jan. 27, 1981; 48 FR 15622, Apr. 12, 1983]

812.5 Labeling of investigational devices.	Sec. 812.5 Labeling of investigational devices.
812.5(a) Contents	(a) Contents. An investigational device or its immediate package shall bear a label with the following information: the name and place of business of the manufacturer, packer, or distributor (in accordance with Sec. 801.1), the quantity of contents, if appropriate, and the following statement: “CAUTION—Investigational device. Limited by Federal (or United States) law to investigational use.” The label or other labeling shall describe all relevant contraindications, hazards, adverse effects, interfering substances or devices, warnings, and precautions.
812.5(b) Prohibitions	(b) Prohibitions. The labeling of an investigational device shall not bear any statement that is false or misleading in any particular and shall not represent that the device is safe or effective for the purposes for which it is being investigated.
812.5(c) Animal research	(c) Animal research. An investigational device shipped solely for research on or with laboratory animals shall bear on its label the following statement: “CAUTION—Device for investigational use in laboratory animals or other tests that do not involve human subjects.” [45 FR 3751, Jan. 18, 1980, as amended at 45 FR 58842, Sept. 5, 1980]

812.7 Prohibition of promotion and other practices.	Sec. 812.7 Prohibition of promotion and other practices. A sponsor, investigator, or any person acting for or on behalf of a sponsor or investigator shall not:
812.7(a) Promote an investigational device	(a) Promote or test market an investigational device, until after FDA has approved the device for commercial distribution.
812.7(b) Commercialize an investigational device	(b) Commercialize an investigational device by charging the subjects or investigators for a device a price larger than that necessary to recover costs of manufacture, research, development, and handling.
812.7(c) Unduly prolong an investigation	(c) Unduly prolong an investigation. If data developed by the investigation indicate in the case of a class III device that premarket approval cannot be justified or in the case of a class II device that it will not comply with an applicable performance standard or an amendment to that standard, the sponsor shall promptly terminate the investigation.
812.7(d) Represent that an investigational device is safe or effective	(d) Represent that an investigational device is safe or effective for the purposes for which it is being investigated.

812.10 Waivers	Sec. 812.10 Waivers.
812.10(a) Request	(a) Request. A sponsor may request FDA to waive any requirement of this part. A waiver request, with supporting documentation, may be submitted separately or as part of an application to the address in Sec. 812.19.
812.10(b) FDA action	(b) FDA action. FDA may by letter grant a waiver of any requirement that FDA finds is not required by the act and is unnecessary to protect the rights, safety, or welfare of human subjects.
812.10(c) Effect of request	(c) Effect of request. Any requirement shall continue to apply unless and until FDA waives it.

812.18 Import and export requirements	Sec. 812.18 Import and export requirements.
812.18(a) Imports	(a) Imports. In addition to complying with other requirements of this part, a person who imports or offers for importation an investigational device subject to this part shall be the agent of the foreign exporter with respect to investigations of the device and shall act as the sponsor of the clinical investigation, or ensure that another person acts as the agent of the foreign exporter and the sponsor of the investigation.
812.18(b) Exports	(b) Exports. A person exporting an investigational device subject to this part shall obtain FDA’s prior approval, as required by section 801(e) of the act or comply with section 802 of the act. [45 FR 3751, Jan. 18, 1980, as amended at 62 FR 26229, May 13, 1997]

812.19 Address for IDE correspondence	Sec. 812.19 Address for IDE correspondence. If you are sending an application, supplemental application, report, request for waiver, request for import or export approval, or other correspondence relating to matters covered by this part, you must address it to the Center for Devices and Radiological Health, Document Mail Center (HFZ-401), Food and Drug Administration, 9200 Corporate Blvd., Rockville, MD 20850. You must state on the outside wrapper of each submission what the submission is, for example, an “IDE application,” a “supplemental IDE application,” or a “correspondence concerning an IDE (or an IDE application).” [65 FR 17137, Mar. 31, 2000]

	Subpart B—Application and Administrative Action
812.20 Application.	Sec. 812.20 Application.
812.20(a) Submission	(a) Submission.
812.20(a)(1) Sponsor submits to FDA	(1) A sponsor shall submit an application to FDA if the sponsor intends to use a significant risk device in an investigation, intends to conduct an investigation that involves an exception from informed consent under Sec. 50.24 of this chapter, or if FDA notifies the sponsor that an application is required for an investigation.
812.20(a)(2) FDA must first approve	(2) A sponsor shall not begin an investigation for which FDA’s approval of an application is required until FDA has approved the application.
812.20(a)(3) Three copies of application to be submitted	(3) A sponsor shall submit three copies of a signed “Application for an Investigational Device Exemption” (IDE application), together with accompanying materials, by registered mail or by hand to the address in Sec. 812.19. Subsequent correspondence concerning an application or a supplemental application shall be submitted by registered mail or by hand.
812.20(a)(4) Separate IDE for exception of informed consent under 50.24	(4) (i) A sponsor shall submit a separate IDE for any clinical investigation involving an exception from informed consent under Sec. 50.24 of this chapter. Such a clinical investigation is not permitted to proceed without the prior written authorization of FDA. FDA shall provide a written determination 30 days after FDA receives the IDE or earlier. (ii) If the investigation involves an exception from informed consent under Sec. 50.24 of this chapter, the sponsor shall prominently identify on the cover sheet that the investigation is subject to the requirements in Sec. 50.24 of this chapter.
812.20(b) Contents	(b) Contents. An IDE application shall include, in the following order:
812.20(b)(1) Sponsor	(1) The name and address of the sponsor.
812.20(b)(2) Prior investigations	(2) A complete report of prior investigations of the device and an accurate summary of those sections of the investigational plan described in Sec. 812.25(a) through (e) or, in lieu of the summary, the complete plan. The sponsor shall submit to FDA a complete investigational plan and a complete report of prior investigations of the device if no IRB has reviewed them, if FDA has found an IRB’s review inadequate, or if FDA requests them.
812.20(b)(3) Methods, facilities, and controls for manufacture	(3) A description of the methods, facilities, and controls used for the manufacture, processing, packing, storage, and, where appropriate, installation of the device, in sufficient detail so that a person generally familiar with good manufacturing practices can make a knowledgeable judgment about the quality control used in the manufacture of the device.
812.20(b)(4) Investigator agreements	(4) An example of the agreements to be entered into by all investigators to comply with investigator obligations under this part, and a list of the names and addresses of all investigators who have signed the agreement.
812.20(b)(5) Certification of investigators	(5) A certification that all investigators who will participate in the investigation have signed the agreement, that the list of investigators includes all the investigators participating in the investigation, and that no investigators will be added to the investigation until they have signed the agreement.
812.20(b)(6) IRB chairpersons	(6) A list of the name, address, and chairperson of each IRB that has been or will be asked to review the investigation and a certification of the action concerning the investigation taken by each such IRB.
812.20(b)(7) Institutions	(7) The name and address of any institution at which a part of the investigation may be conducted that has not been identified in accordance with paragraph (b)(6) of this section.
812.20(b)(8) Sale information	(8) If the device is to be sold, the amount to be charged and an explanation of why sale does not constitute commercialization of the device.
812.20(b)(9) Claim for categorical exclusion	(9) A claim for categorical exclusion under Sec. 25.30 or 25.34 or an environmental assessment under Sec. 25.40.
812.20(b)(10) Labeling	(10) Copies of all labeling for the device.
812.20(b)(11) Consent documents	(11) Copies of all forms and informational materials to be provided to subjects to obtain informed consent.
812.20(b)(12) Oher information	(12) Any other relevant information FDA requests for review of the application.
812.20(c) Additional information	(c) Additional information. FDA may request additional information concerning an investigation or revision in the investigational plan. The sponsor may treat such a request as a disapproval of the application for purposes of requesting a hearing under part 16.
812.20(d) Information previously submitted	(d) Information previously submitted. Information previously submitted to the Center for Devices and Radiological Health in accordance with this chapter ordinarily need not be resubmitted, but may be incorporated by reference. [45 FR 3751, Jan. 18, 1980, as amended at 46 FR 8956, Jan. 27, 1981; 50 FR 16669, Apr. 26, 1985; 53 FR 11252, Apr. 6, 1988; 61 FR 51530, Oct. 2, 1996; 62 FR 40600, July 29, 1997; 64 FR 10942, Mar. 8, 1999]

812.25 Investigational plan	Sec. 812.25 Investigational plan. The investigational plan shall include, in the following order:
812.25(a) Purpose	(a) Purpose. The name and intended use of the device and the objectives and duration of the investigation.
812.25(b) Protocol	(b) Protocol. A written protocol describing the methodology to be used and an analysis of the protocol demonstrating that the investigation is scientifically sound.
812.25(c) Risk analysis	(c) Risk analysis. A description and analysis of all increased risks to which subjects will be exposed by the investigation; the manner in which these risks will be minimized; a justification for the investigation; and a description of the patient population, including the number, age, sex, and condition.
812.25(d) Description of device	(d) Description of device. A description of each important component, ingredient, property, and principle of operation of the device and of each anticipated change in the device during the course of the investigation.
812.25(e) Monitoring procedures.	(e) Monitoring procedures. The sponsor’s written procedures for monitoring the investigation and the name and address of any monitor.
812.25(f) Labeling	(f) Labeling. Copies of all labeling for the device.
812.25(g) Consent materials	(g) Consent materials. Copies of all forms and informational materials to be provided to subjects to obtain informed consent.
812.25(h) IRB information	(h) IRB information. A list of the names, locations, and chairpersons of all IRB’s that have been or will be asked to review the investigation, and a certification of any action taken by any of those IRB’s with respect to the investigation.
812.25(i) Other institutions	(i) Other institutions. The name and address of each institution at which a part of the investigation may be conducted that has not been identified in paragraph (h) of this section.
812.25(j) Additional records and reports	(j) Additional records and reports. A description of records and reports that will be maintained on the investigation in addition to those prescribed in subpart G.

812.27 Report of prior investigations.	Sec. 812.27 Report of prior investigations.
812.27(a) General	(a) General. The report of prior investigations shall include reports of all prior clinical, animal, and laboratory testing of the device and shall be comprehensive and adequate to justify the proposed investigation.
812.27(b) Specific contents	(b) Specific contents. The report also shall include:
812.27(b)(1) Bibliography	(1) A bibliography of all publications, whether adverse or supportive, that are relevant to an evaluation of the safety or effectiveness of the device, copies of all published and unpublished adverse information, and, if requested by an IRB or FDA, copies of other significant publications.
812.27(b)(2) Summary of unpublished information	(2) A summary of all other unpublished information (whether adverse or supportive) in the possession of, or reasonably obtainable by, the sponsor that is relevant to an evaluation of the safety or effectiveness of the device.
812.27(b)(3) Statement of compliance with good laboratory practice	(3) If information on nonclinical laboratory studies is provided, a statement that all such studies have been conducted in compliance with applicable requirements in the good laboratory practice regulations in part 58, or if any such study was not conducted in compliance with such regulations, a brief statement of the reason for the noncompliance. Failure or inability to comply with this requirement does not justify failure to provide information on a relevant nonclinical test study. [45 FR 3751, Jan. 18, 1980, as amended at 50 FR 7518, Feb. 22, 1985]

812.30 FDA action on applications	Sec. 812.30 FDA action on applications.
812.30(a) Approval or disapproval	(a) Approval or disapproval. FDA will notify the sponsor in writing of the date it receives an application. FDA may approve an investigation as proposed, approve it with modifications, or disapprove it. An investigation may not begin until:
812.30(a)(1) Thirty days for notification of disapproval	(1) Thirty days after FDA receives the application at the address in Sec. 812.19 for the investigation of a device other than a banned device, unless FDA notifies the sponsor that the investigation may not begin; or
812.30(a)(2) Approval of IDE	(2) FDA approves, by order, an IDE for the investigation.
812.30(b) Grounds for disapproval or withdrawal	(b) Grounds for disapproval or withdrawal. FDA may disapprove or withdraw approval of an application if FDA finds that:
812.30(b)(1) Failure to comply	(1) There has been a failure to comply with any requirement of this part or the act, any other applicable regulation or statute, or any condition of approval imposed by an IRB or FDA.
812.30(b)(2) Untrue statement	(2) The application or a report contains an untrue statement of a material fact, or omits material information required by this part.
812.30(b)(3) Failure to respond to FDA request	(3) The sponsor fails to respond to a request for additional information within the time prescribed by FDA.
812.30(b)(4) Risk or ethical concern	(4) There is reason to believe that the risks to the subjects are not outweighed by the anticipated benefits to the subjects and the importance of the knowledge to be gained, or informed consent is inadequate, or the investigation is scientifically unsound, or there is reason to believe that the device as used is ineffective.
812.30(b)(5) Other inadequacies	(5) It is otherwise unreasonable to begin or to continue the investigation owing to the way in which the device is used or the inadequacy of: (i) The report of prior investigations or the investigational plan; (ii) The methods, facilities, and controls used for the manufacturing, processing, packaging, storage, and, where appropriate, installation of the device; or (iii) Monitoring and review of the investigation.
812.30(c) Notice of disapproval or withdrawal	(c) Notice of disapproval or withdrawal. If FDA disapproves an application or proposes to withdraw approval of an application, FDA will notify the sponsor in writing.
812.30(c)(1) Statement of reasons for disapproval	(1) A disapproval order will contain a complete statement of the reasons for disapproval and a statement that the sponsor has an opportunity to request a hearing under part 16.
812.30(c)(2) Statement of reasons for withdrawal	(2) A notice of a proposed withdrawal of approval will contain a complete statement of the reasons for withdrawal and a statement that the sponsor has an opportunity to request a hearing under part 16. FDA will provide the opportunity for hearing before withdrawal of approval, unless FDA determines in the notice that continuation of testing under the exemption will result in an unreasonable risk to the public health and orders withdrawal of approval before any hearing. [45 FR 3751, Jan. 18, 1980, as amended at 45 FR 58842, Sept. 5, 1980]

812.35 Supplemental applications.	Sec. 812.35 Supplemental applications.
812.35(a) Changes in investigational plan	(a) Changes in investigational plan—
812.35(a)(1) Changes requiring prior approval	(1) Changes requiring prior approval. Except as described in paragraphs (a)(2) through (a)(4) of this section, a sponsor must obtain approval of a supplemental application under Sec. 812.30(a), and IRB approval when appropriate (see Secs. 56.110 and 56.111 of this chapter), prior to implementing a change to an investigational plan. If a sponsor intends to conduct an investigation that involves an exception to informed consent under Sec. 50.24 of this chapter, the sponsor shall submit a separate investigational device exemption (IDE) application in accordance with Sec. 812.20(a).
812.35(a)(2) Changes effected for emergency use	(2) Changes effected for emergency use. The requirements of paragraph (a)(1) of this section regarding FDA approval of a supplement do not apply in the case of a deviation from the investigational plan to protect the life or physical well-being of a subject in an emergency. Such deviation shall be reported to FDA within 5-working days after the sponsor learns of it (see Sec. 812.150(a)(4)).
812.35(a)(3) Changes effected with notice to FDA within 5 days	(3) Changes effected with notice to FDA within 5 days. A sponsor may make certain changes without prior approval of a supplemental application under paragraph (a)(1) of this section if the sponsor determines that these changes meet the criteria described in paragraphs (a)(3)(i) and (a)(3)(ii) of this section, on the basis of credible information defined in paragraph (a)(3)(iii) of this section, and the sponsor provides notice to FDA within 5-working days of making these changes. (i) Developmental changes. The requirements in paragraph (a)(1) of this section regarding FDA approval of a supplement do not apply to developmental changes in the device (including manufacturing changes) that do not constitute a significant change in design or basic principles of operation and that are made in response to information gathered during the course of an investigation. (ii) Changes to clinical protocol. The requirements in paragraph (a)(1) of this section regarding FDA approval of a supplement do not apply to changes to clinical protocols that do not affect: (A) The validity of the data or information resulting from the completion of the approved protocol, or the relationship of likely patient risk to benefit relied upon to approve the protocol; (B) The scientific soundness of the investigational plan; or (C) The rights, safety, or welfare of the human subjects involved in the investigation. (iii) Definition of credible information. (A) Credible information to support developmental changes in the device (including manufacturing changes) includes data generated under the design control procedures of Sec. 820.30, preclinical/animal testing, peer reviewed published literature, or other reliable information such as clinical information gathered during a trial or marketing. (B) Credible information to support changes to clinical protocols is defined as the sponsor’s documentation supporting the conclusion that a change does not have a significant impact on the study design or planned statistical analysis, and that the change does not affect the rights, safety, or welfare of the subjects. Documentation shall include information such as peer reviewed published literature, the recommendation of the clinical investigator(s), and/or the data gathered during the clinical trial or marketing. (iv) Notice of IDE change. Changes meeting the criteria in paragraphs (a)(3)(i) and (a)(3)(ii) of this section that are supported by credible information as defined in paragraph (a)(3)(iii) of this section may be made without prior FDA approval if the sponsor submits a notice of the change to the IDE not later than 5-working days after making the change. Changes to devices are deemed to occur on the date the device, manufactured incorporating the design or manufacturing change, is distributed to the investigator(s). Changes to a clinical protocol are deemed to occur when a clinical investigator is notified by the sponsor that the change should be implemented in the protocol or, for sponsor-investigator studies, when a sponsor-investigator incorporates the change in the protocol. Such notices shall be identified as a “notice of IDE change.” (A) For a developmental or manufacturing change to the device, the notice shall include a summary of the relevant information gathered during the course of the investigation upon which the change was based; a description of the change to the device or manufacturing process (cross-referenced to the appropriate sections of the original device description or manufacturing process); and, if design controls were used to assess the change, a statement that no new risks were identified by appropriate risk analysis and that the verification and validation testing, as appropriate, demonstrated that the design outputs met the design input requirements. If another method of assessment was used, the notice shall include a summary of the information which served as the credible information supporting the change. (B) For a protocol change, the notice shall include a description of the change (cross-referenced to the appropriate sections of the original protocol); an assessment supporting the conclusion that the change does not have a significant impact on the study design or planned statistical analysis; and a summary of the information that served as the credible information supporting the sponsor’s determination that the change does not affect the rights, safety, or welfare of the subjects.
812.35(a)(4) Changes submitted in annual report	(4) Changes submitted in annual report. The requirements of paragraph (a)(1) of this section do not apply to minor changes to the purpose of the study, risk analysis, monitoring procedures, labeling, informed consent materials, and IRB information that do not affect: (i) The validity of the data or information resulting from the completion of the approved protocol, or the relationship of likely patient risk to benefit relied upon to approve the protocol; (ii) The scientific soundness of the investigational plan; or (iii) The rights, safety, or welfare of the human subjects involved in the investigation. Such changes shall be reported in the annual progress report for the IDE, under Sec. 812.150(b)(5).
812.35(b) IRB approval for new facilities	(b) IRB approval for new facilities. A sponsor shall submit to FDA a certification of any IRB approval of an investigation or a part of an investigation not included in the IDE application. If the investigation is otherwise unchanged, the supplemental application shall consist of an updating of the information required by Sec. 812.20(b) and (c) and a description of any modifications in the investigational plan required by the IRB as a condition of approval. A certification of IRB approval need not be included in the initial submission of the supplemental application, and such certification is not a precondition for agency consideration of the application. Nevertheless, a sponsor may not begin a part of an investigation at a facility until the IRB has approved the investigation, FDA has received the certification of IRB approval, and FDA, under Sec. 812.30(a), has approved the supplemental application relating to that part of the investigation (see Sec. 56.103(a)). [50 FR 25909, June 24, 1985; 50 FR 28932, July 17, 1985, as amended at 61 FR 51531, Oct. 2, 1996; 63 FR 64625, Nov. 23, 1998]

812.36 Treatment use of an investigational device	Sec. 812.36 Treatment use of an investigational device.
812.36(a) General	(a) General. A device that is not approved for marketing may be under clinical investigation for a serious or immediately life-threatening disease or condition in patients for whom no comparable or satisfactory alternative device or other therapy is available. During the clinical trial or prior to final action on the marketing application, it may be appropriate to use the device in the treatment of patients not in the trial under the provisions of a treatment investigational device exemption (IDE). The purpose of this section is to facilitate the availability of promising new devices to desperately ill patients as early in the device development process as possible, before general marketing begins, and to obtain additional data on the device’s safety and effectiveness. In the case of a serious disease, a device ordinarily may be made available for treatment use under this section after all clinical trials have been completed. In the case of an immediately life-threatening disease, a device may be made available for treatment use under this section prior to the completion of all clinical trials. For the purpose of this section, an “immediately life-threatening” disease means a stage of a disease in which there is a reasonable likelihood that death will occur within a matter of months or in which premature death is likely without early treatment. For purposes of this section, “treatment use”of a device includes the use of a device for diagnostic purposes.
812.36(b) Criteria	(b) Criteria. FDA shall consider the use of an investigational device under a treatment IDE if:
812.36(b)(1) Intended for life-threatening disease	(1) The device is intended to treat or diagnose a serious or immediately life-threatening disease or condition;
812.36(b)(2) No alternative therapy	(2) There is no comparable or satisfactory alternative device or other therapy available to treat or diagnose that stage of the disease or condition in the intended patient population;
812.36(b)(3) Approved IDE	(3) The device is under investigation in a controlled clinical trial for the same use under an approved IDE, or such clinical trials have been completed; and
812.36(b)(4) Sponsor pursuing approval	(4) The sponsor of the investigation is actively pursuing marketing approval/clearance of the investigational device with due diligence.
812.36(c) Applications for treatment use	(c) Applications for treatment use.
812.36(c)(1) Contents of treatment IDE application	(1) A treatment IDE application shall include, in the following order: (i) The name, address, and telephone number of the sponsor of the treatment IDE; (ii) The intended use of the device, the criteria for patient selection, and a written protocol describing the treatment use; (iii) An explanation of the rationale for use of the device, including, as appropriate, either a list of the available regimens that ordinarily should be tried before using the investigational device or an explanation of why the use of the investigational device is preferable to the use of available marketed treatments; (iv) A description of clinical procedures, laboratory tests, or other measures that will be used to evaluate the effects of the device and to minimize risk; (v) Written procedures for monitoring the treatment use and the name and address of the monitor; (vi) Instructions for use for the device and all other labeling as required under Sec. 812.5(a) and (b); (vii) Information that is relevant to the safety and effectiveness of the device for the intended treatment use. Information from other IDE’s may be incorporated by reference to support the treatment use; (viii) A statement of the sponsor’s commitment to meet all applicable responsibilities under this part and part 56 of this chapter and to ensure compliance of all participating investigators with the informed consent requirements of part 50 of this chapter; (ix) An example of the agreement to be signed by all investigators participating in the treatment IDE and certification that no investigator will be added to the treatment IDE before the agreement is signed; and (x) If the device is to be sold, the price to be charged and a statement indicating that the price is based on manufacturing and handling costs only.
812.36(c)(2) Practitioner is an investigator	(2) A licensed practitioner who receives an investigational device for treatment use under a treatment IDE is an “investigator” under the IDE and is responsible for meeting all applicable investigator responsibilities under this part and parts 50 and 56 of this chapter.
812.36(d) FDA action	(d) FDA action on treatment IDE applications.
812.36(d)(1) Approval within 30 days	(1) Approval of treatment IDE’s. Treatment use may begin 30 days after FDA receives the treatment IDE submission at the address specified in Sec. 812.19, unless FDA notifies the sponsor in writing earlier than the 30 days that the treatment use may or may not begin. FDA may approve the treatment use as proposed or approve it with modifications.
812.36(d)(2) Disapproval or withdrawal of approval	(2) Disapproval or withdrawal of approval of treatment IDE’s. FDA may disapprove or withdraw approval of a treatment IDE if: (i) The criteria specified in Sec. 812.36(b) are not met or the treatment IDE does not contain the information required in Sec. 812.36(c); (ii) FDA determines that any of the grounds for disapproval or withdrawal of approval listed in Sec. 812.30(b)(1) through (b)(5) apply; (iii) The device is intended for a serious disease or condition and there is insufficient evidence of safety and effectiveness to support such use; (iv) The device is intended for an immediately life-threatening disease or condition and the available scientific evidence, taken as a whole, fails to provide a reasonable basis for concluding that the device: (A) May be effective for its intended use in its intended population; or (B) Would not expose the patients to whom the device is to be administered to an unreasonable and significant additional risk of illness or injury; (v) There is reasonable evidence that the treatment use is impeding enrollment in, or otherwise interfering with the conduct or completion of, a controlled investigation of the same or another investigational device; (vi) The device has received marketing approval/clearance or a comparable device or therapy becomes available to treat or diagnose the same indication in the same patient population for which the investigational device is being used; (vii) The sponsor of the controlled clinical trial is not pursuing marketing approval/clearance with due diligence; (viii) Approval of the IDE for the controlled clinical investigation of the device has been withdrawn; or (ix) The clinical investigator(s) named in the treatment IDE are not qualified by reason of their scientific training and/or experience to use the investigational device for the intended treatment use.
812.36(d)(3) Notice of disapproval or withdrawal	(3) Notice of disapproval or withdrawal. If FDA disapproves or proposes to withdraw approval of a treatment IDE, FDA will follow the procedures set forth in Sec. 812.30(c).
812.36(e) Safeguards	(e) Safeguards. Treatment use of an investigational device is conditioned upon the sponsor and investigators complying with the safeguards of the IDE process and the regulations governing informed consent (part 50 of this chapter) and institutional review boards (part 56 of this chapter).
812.36(f) Reporting requirements	(f) Reporting requirements. The sponsor of a treatment IDE shall submit progress reports on a semi-annual basis to all reviewing IRB’s and FDA until the filing of a marketing application. These reports shall be based on the period of time since initial approval of the treatment IDE and shall include the number of patients treated with the device under the treatment IDE, the names of the investigators participating in the treatment IDE, and a brief description of the sponsor’s efforts to pursue marketing approval/clearance of the device. Upon filing of a marketing application, progress reports shall be submitted annually in accordance with Sec. 812.150(b)(5). The sponsor of a treatment IDE is responsible for submitting all other reports required under Sec. 812.150. [62 FR 48947, Sept. 18, 1997]

812.38 Confidentiality of data and information.	Sec. 812.38 Confidentiality of data and information.
812.38(a) Existence of IDE	(a) Existence of IDE. FDA will not disclose the existence of an IDE unless its existence has previously been publicly disclosed or acknowledged, until FDA approves an application for premarket approval of the device subject to the IDE; or a notice of completion of a product development protocol for the device has become effective.
812.38(b) Availability of summaries or data.	(b) Availability of summaries or data.
812.38(b)(1) FDA will make summary publicly available	(1) FDA will make publicly available, upon request, a detailed summary of information concerning the safety and effectiveness of the device that was the basis for an order approving, disapproving, or withdrawing approval of an application for an IDE for a banned device. The summary shall include information on any adverse effect on health caused by the device.
812.38(b)(2) Information not available before approval, FDA discretion in disclosing	(2) If a device is a banned device or if the existence of an IDE has been publicly disclosed or acknowledged, data or information contained in the file is not available for public disclosure before approval of an application for premarket approval or the effective date of a notice of completion of a product development protocol except as provided in this section. FDA may, in its discretion, disclose a summary of selected portions of the safety and effectiveness data, that is, clinical, animal, or laboratory studies and tests of the device, for public consideration of a specific pending issue.
812.38(b)(3) When IDE has not been disclosed, limit to information to be made available	(3) If the existence of an IDE file has not been publicly disclosed or acknowledged, no data or information in the file are available for public disclosure except as provided in paragraphs (b)(1) and (c) of this section.
812.38(b)(4) Disclosure when exception to informed consent will be used	(4) Notwithstanding paragraph (b)(2) of this section, FDA will make available to the public, upon request, the information in the IDE that was required to be filed in Docket Number 95S-0158 in the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857, for investigations involving an exception from informed consent under Sec. 50.24 of this chapter. Persons wishing to request this information shall submit a request under the Freedom of Information Act.
812.38(c) Reports of adverse effects	(c) Reports of adverse effects. Upon request or on its own initiative, FDA shall disclose to an individual on whom an investigational device has been used a copy of a report of adverse device effects relating to that use.
812.38(d) Other rules	(d) Other rules. Except as otherwise provided in this section, the availability for public disclosure of data and information in an IDE file shall be handled in accordance with Sec. 814.9. [45 FR 3751, Jan. 18, 1980, as amended at 53 FR 11253, Apr. 6, 1988; 61 FR 51531, Oct. 2, 1996]

	Subpart C—Responsibilities of Sponsors
812.40 General responsibilities of sponsors.	Sec. 812.40 General responsibilities of sponsors. Sponsors are responsible for selecting qualified investigators and providing them with the information they need to conduct the investigation properly, ensuring proper monitoring of the investigation, ensuring that IRB review and approval are obtained, submitting an IDE application to FDA, and ensuring that any reviewing IRB and FDA are promptly informed of significant new information about an investigation. Additional responsibilities of sponsors are described in subparts B and G.

812.42 FDA and IRB approval.	Sec. 812.42 FDA and IRB approval. A sponsor shall not begin an investigation or part of an investigation until an IRB and FDA have both approved the application or supplemental application relating to the investigation or part of an investigation. [46 FR 8957, Jan. 27, 1981]

812.43 Selecting investigators and monitors.	Sec. 812.43 Selecting investigators and monitors.
812.43(a) Selecting investigators	(a) Selecting investigators. A sponsor shall select investigators qualified by training and experience to investigate the device.
812.43(b) Control of device	(b) Control of device. A sponsor shall ship investigational devices only to qualified investigators participating in the investigation.
812.43(c) Obtaining agreements.	(c) Obtaining agreements. A sponsor shall obtain from each participating investigator a signed agreement that includes:
812.43(c)(1) Investigator CV	(1) The investigator’s curriculum vitae.
812.43(c)(2) Investigator’s experience	(2) Where applicable, a statement of the investigator’s relevant experience, including the dates, location, extent, and type of experience.
812.43(c)(3) Prior terminations	(3) If the investigator was involved in an investigation or other research that was terminated, an explanation of the circumstances that led to termination.
812.43(c)(4) Investigator’s commitment	(4) A statement of the investigator’s commitment to: (i) Conduct the investigation in accordance with the agreement, the investigational plan, this part and other applicable FDA regulations, and conditions of approval imposed by the reviewing IRB or FDA; (ii) Supervise all testing of the device involving human subjects; and (iii) Ensure that the requirements for obtaining informed consent are met.
812.43(c)(5) Financial disclosure	(5) Sufficient accurate financial disclosure information to allow the sponsor to submit a complete and accurate certification or disclosure statement as required under part 54 of this chapter. The sponsor shall obtain a commitment from the clinical investigator to promptly update this information if any relevant changes occur during the course of the investigation and for 1 year following completion of the study. This information shall not be submitted in an investigational device exemption application, but shall be submitted in any marketing application involving the device.
812.43(d) Selecting monitors	(d) Selecting monitors. A sponsor shall select monitors qualified by training and experience to monitor the investigational study in accordance with this part and other applicable FDA regulations. [45 FR 3751, Jan. 18, 1980, as amended at 63 FR 5253, Feb. 2, 1998]

812.45 Informing investigators.	Sec. 812.45 Informing investigators. A sponsor shall supply all investigators participating in the investigation with copies of the investigational plan and the report of prior investigations of the device.

812.46 Monitoring investigations.	Sec. 812.46 Monitoring investigations.
812.46(a) Securing compliance	(a) Securing compliance. A sponsor who discovers that an investigator is not complying with the signed agreement, the investigational plan, the requirements of this part or other applicable FDA regulations, or any conditions of approval imposed by the reviewing IRB or FDA shall promptly either secure compliance, or discontinue shipments of the device to the investigator and terminate the investigator’s participation in the investigation. A sponsor shall also require such an investigator to dispose of or return the device, unless this action would jeopardize the rights, safety, or welfare of a subject.
812.46(b) Unanticipated adverse device effects.	(b) Unanticipated adverse device effects.
812.46(b)(1) Immediate evaluation	(1) A sponsor shall immediately conduct an evaluation of any unanticipated adverse device effect.
812.46(b)(2) Termination if risk is unreasonable	(2) A sponsor who determines that an unanticipated adverse device effect presents an unreasonable risk to subjects shall terminate all investigations or parts of investigations presenting that risk as soon as possible. Termination shall occur not later than 5 working days after the sponsor makes this determination and not later than 15 working days after the sponsor first received notice of the effect.
812.46(c) Resumption of terminated studies	(c) Resumption of terminated studies. If the device is a significant risk device, a sponsor may not resume a terminated investigation without IRB and FDA approval. If the device is not a significant risk device, a sponsor may not resume a terminated investigation without IRB approval and, if the investigation was terminated under paragraph (b)(2) of this section, FDA approval.

812.47 Emergency research under Sec. 50.24 of this chapter.	Sec. 812.47 Emergency research under Sec. 50.24 of this chapter.
812.47(a) Sponsor shall monitor progress, submit public disclosures	(a) The sponsor shall monitor the progress of all investigations involving an exception from informed consent under Sec. 50.24 of this chapter. When the sponsor receives from the IRB information concerning the public disclosures under Sec. 50.24(a)(7)(ii) and (a)(7)(iii) of this chapter, the sponsor shall promptly submit to the IDE file and to Docket Number 95S-0158 in the Dockets Management Branch (HFA-305), Food and Drug Administration, 12420 Parklawn Dr., rm. 1-23, Rockville, MD 20857, copies of the information that was disclosed, identified by the IDE number.
812.47(b) Transmit IRB disapprovals	(b) The sponsor also shall monitor such investigations to determine when an IRB determines that it cannot approve the research because it does not meet the criteria in the exception in Sec. 50.24(a) of this chapter or because of other relevant ethical concerns. The sponsor promptly shall provide this information in writing to FDA, investigators who are asked to participate in this or a substantially equivalent clinical investigation, and other IRB’s that are asked to review this or a substantially equivalent investigation. [61 FR 51531, Oct. 2, 1996, as amended at 64 FR 10943, Mar. 8, 1999]

	Subpart D—IRB Review and Approval
812.60 IRB composition, duties, and functions.	Sec. 812.60 IRB composition, duties, and functions. An IRB reviewing and approving investigations under this part shall comply with the requirements of part 56 in all respects, including its composition, duties, and functions. [46 FR 8957, Jan. 27, 1981]

812.62 IRB approval.	Sec. 812.62 IRB approval.
812.62(a) All investigations subject to IRB oversight	(a) An IRB shall review and have authority to approve, require modifications in (to secure approval), or disapprove all investigations covered by this part.
812.62(b) If no IRB exists sponsor may apply to FDA directly	(b) If no IRB exists or if FDA finds that an IRB’s review is inadequate, a sponsor may submit an application to FDA. [46 FR 8957, Jan. 27, 1981]

812.64 IRB’s continuing review.	Sec. 812.64 IRB’s continuing review. The IRB shall conduct its continuing review of an investigation in accordance with part 56. [46 FR 8957, Jan. 27, 1981]

812.65 [Reserved]	Sec. 812.65 [Reserved]

812.66 Significant risk device determinations.	Sec. 812.66 Significant risk device determinations. If an IRB determines that an investigation, presented for approval under Sec. 812.2(b)(1)(ii), involves a significant risk device, it shall so notify the investigator and, where appropriate, the sponsor. A sponsor may not begin the investigation except as provided in Sec. 812.30(a). [46 FR 8957, Jan. 27, 1981]

	Subpart E—Responsibilities of Investigators
812.100 General responsibilities of investigators	Sec. 812.100 General responsibilities of investigators. An investigator is responsible for ensuring that an investigation is conducted according to the signed agreement, the investigational plan and applicable FDA regulations, for protecting the rights, safety, and welfare of subjects under the investigator’s care, and for the control of devices under investigation. An investigator also is responsible for ensuring that informed consent is obtained in accordance with part 50 of this chapter. Additional responsibilities of investigators are described in subpart G. [45 FR 3751, Jan. 18, 1980, as amended at 46 FR 8957, Jan. 27, 1981]

812.110 Specific responsibilities of investigators	Sec. 812.110 Specific responsibilities of investigators.
812.110(a) Awaiting approval	(a) Awaiting approval. An investigator may determine whether potential subjects would be interested in participating in an investigation, but shall not request the written informed consent of any subject to participate, and shall not allow any subject to participate before obtaining IRB and FDA approval.
812.110(b) Compliance	(b) Compliance. An investigator shall conduct an investigation in accordance with the signed agreement with the sponsor, the investigational plan, this part and other applicable FDA regulations, and any conditions of approval imposed by an IRB or FDA.
812.110(c) Supervising device use	(c) Supervising device use. An investigator shall permit an investigational device to be used only with subjects under the investigator’s supervision. An investigator shall not supply an investigational device to any person not authorized under this part to receive it.
812.110(d) Financial disclosure	(d) Financial disclosure. A clinical investigator shall disclose to the sponsor sufficient accurate financial information to allow the applicant to submit complete and accurate certification or disclosure statements required under part 54 of this chapter. The investigator shall promptly update this information if any relevant changes occur during the course of the investigation and for 1 year following completion of the study.
812.110(e) Disposing of device	(e) Disposing of device. Upon completion or termination of a clinical investigation or the investigator’s part of an investigation, or at the sponsor’s request, an investigator shall return to the sponsor any remaining supply of the device or otherwise dispose of the device as the sponsor directs. [45 FR 3751, Jan. 18, 1980, as amended at 63 FR 5253, Feb. 2, 1998]

812.119 Disqualification of a clinical investigator.	Sec. 812.119 Disqualification of a clinical investigator.
812.119(a) FDA will notify investigator with opportunity for response	(a) If FDA has information indicating that an investigator has repeatedly or deliberately failed to comply with the requirements of this part, part 50, or part 56 of this chapter, or has repeatedly or deliberately submitted false information either to the sponsor of the investigation or in any required report, the Center for Devices and Radiological Health will furnish the investigator written notice of the matter under complaint and offer the investigator an opportunity to explain the matter in writing, or, at the option of the investigator, in an informal conference. If an explanation is offered and accepted by the Center for Devices and Radiological Health, the disqualification process will be terminated. If an explanation is offered but not accepted by the Center for Devices and Radiological Health, the investigator will be given an opportunity for a regulatory hearing under part 16 of this chapter on the question of whether the investigator is entitled to receive investigational devices.
812.119(b) FDA may disqualify investigator from receiving investigational devices	(b) After evaluating all available information, including any explanation presented by the investigator, if the Commissioner determines that the investigator has repeatedly or deliberately failed to comply with the requirements of this part, part 50, or part 56 of this chapter, or has deliberately or repeatedly submitted false information either to the sponsor of the investigation or in any required report, the Commissioner will notify the investigator, the sponsor of any investigation in which the investigator has been named as a participant, and the reviewing IRB that the investigator is not entitled to receive investigational devices. The notification will provide a statement of basis for such determination.
812.119(c) Data will be examined	(c) Each investigational device exemption (IDE) and each cleared or approved application submitted under this part, subpart E of part 807 of this chapter, or part 814 of this chapter containing data reported by an investigator who has been determined to be ineligible to receive investigational devices will be examined to determine whether the investigator has submitted unreliable data that are essential to the continuation of the investigation or essential to the approval or clearance of any marketing application.
812.119(d) Notification or termination of IDE if data is unreliable	(d) If the Commissioner determines, after the unreliable data submitted by the investigator are eliminated from consideration, that the data remaining are inadequate to support a conclusion that it is reasonably safe to continue the investigation, the Commissioner will notify the sponsor who shall have an opportunity for a regulatory hearing under part 16 of this chapter. If a danger to the public health exists, however, the Commissioner shall terminate the IDE immediately and notify the sponsor and the reviewing IRB of the determination. In such case, the sponsor shall have an opportunity for a regulatory hearing before FDA under part 16 of this chapter on the question of whether the IDE should be reinstated.
812.119(e) FDA may withdraw approval or rescind clearance	(e) If the Commissioner determines, after the unreliable data submitted by the investigator are eliminated from consideration, that the continued clearance or approval of the marketing application for which the data were submitted cannot be justified, the Commissioner will proceed to withdraw approval or rescind clearance of the medical device in accordance with the applicable provisions of the act.
812.119(f) Investigator may be reinstated	(f) An investigator who has been determined to be ineligible to receive investigational devices may be reinstated as eligible when the Commissioner determines that the investigator has presented adequate assurances that the investigator will employ investigational devices solely in compliance with the provisions of this part and of part 50 and 56 of this chapter. [62 FR 12096, Mar. 14, 1997]

	Subpart F [Reserved]
	Subpart G—Records and Reports
812.140 Records.	Sec. 812.140 Records.
812.140(a) Investigator records	(a) Investigator records. A participating investigator shall maintain the following accurate, complete, and current records relating to the investigator’s participation in an investigation:
812.140(a)(1) All correspondence	(1) All correspondence with another investigator, an IRB, the sponsor, a monitor, or FDA, including required reports.
812.140(a)(2) Records of receipt, use or disposition of device	(2) Records of receipt, use or disposition of a device that relate to: (i) The type and quantity of the device, the dates of its receipt, and the batch number or code mark. (ii) The names of all persons who received, used, or disposed of each device. (iii) Why and how many units of the device have been returned to the sponsor, repaired, or otherwise disposed of.
812.140(a)(3) Each subject’s case history	(3) Records of each subject’s case history and exposure to the device. Case histories include the case report forms and supporting data including, for example, signed and dated consent forms and medical records including, for example, progress notes of the physician, the individual’s hospital chart(s), and the nurses’ notes. Such records shall include: (i) Documents evidencing informed consent and, for any use of a device by the investigator without informed consent, any written concurrence of a licensed physician and a brief description of the circumstances justifying the failure to obtain informed consent. The case history for each individual shall document that informed consent was obtained prior to participation in the study. (ii) All relevant observations, including records concerning adverse device effects (whether anticipated or unanticipated), information and data on the condition of each subject upon entering, and during the course of, the investigation, including information about relevant previous medical history and the results of all diagnostic tests. (iii) A record of the exposure of each subject to the investigational device, including the date and time of each use, and any other therapy.
812.140(a)(4) Protocol and documentation of deviations	(4) The protocol, with documents showing the dates of and reasons for each deviation from the protocol.
812.140(a)(5) Other records	(5) Any other records that FDA requires to be maintained by regulation or by specific requirement for a category of investigations or a particular investigation.
812.140(b) Sponsor records	(b) Sponsor records. A sponsor shall maintain the following accurate, complete, and current records relating to an investigation:
812.140(b)(1) All correspondence	(1) All correspondence with another sponsor, a monitor, an investigator, an IRB, or FDA, including required reports.
812.140(b)(2) Records of shipment and disposition	(2) Records of shipment and disposition. Records of shipment shall include the name and address of the consignee, type and quantity of device, date of shipment, and batch number or code mark. Records of disposition shall describe the batch number or code marks of any devices returned to the sponsor, repaired, or disposed of in other ways by the investigator or another person, and the reasons for and method of disposal.
812.140(b)(3) Signed investigator agreements	(3) Signed investigator agreements including the financial disclosure information required to be collected under Sec. 812.43(c)(5) in accordance with part 54 of this chapter.
812.140(b)(4) Records for non significant risk device	(4) For each investigation subject to Sec. 812.2(b)(1) of a device other than a significant risk device, the records described in paragraph (b)(5) of this section and the following records, consolidated in one location and available for FDA inspection and copying: (i) The name and intended use of the device and the objectives of the investigation; (ii) A brief explanation of why the device is not a significant risk device: (iii) The name and address of each investigator: (iv) The name and address of each IRB that has reviewed the investigation: (v) A statement of the extent to which the good manufacturing practice regulation in part 820 will be followed in manufacturing the device; and (vi) Any other information required by FDA.
812.140(b)(5) Adverse device effects	(5) Records concerning adverse device effects (whether anticipated or unanticipated) and complaints and
812.140(b)(6) Other records	(6) Any other records that FDA requires to be maintained by regulation or by specific requirement for a category of investigation or a particular investigation.
812.140(c) IRB records	(c) IRB records. An IRB shall maintain records in accordance with part 56 of this chapter.
812.140(d) Retention period	(d) Retention period. An investigator or sponsor shall maintain the records required by this subpart during the investigation and for a period of 2 years after the latter of the following two dates: The date on which the investigation is terminated or completed, or the date that the records are no longer required for purposes of supporting a premarket approval application or a notice of completion of a product development protocol.
812.140(e) Records custody	(e) Records custody. An investigator or sponsor may withdraw from the responsibility to maintain records for the period required in paragraph (d) of this section and transfer custody of the records to any other person who will accept responsibility for them under this part, including the requirements of Sec. 812.145. Notice of a transfer shall be given to FDA not later than 10 working days after transfer occurs. [45 FR 3751, Jan. 18, 1980, as amended at 45 FR 58843, Sept. 5, 1980; 46 FR 8957, Jan. 27, 1981; 61 FR 57280, Nov. 5, 1996; 63 FR 5253, Feb. 2, 1998]

812.145 Inspections.	Sec. 812.145 Inspections.
812.145(a) Entry and inspection	(a) Entry and inspection. A sponsor or an investigator who has authority to grant access shall permit authorized FDA employees, at reasonable times and in a reasonable manner, to enter and inspect any establishment where devices are held (including any establishment where devices are manufactured, processed, packed, installed, used, or implanted or where records of results from use of devices are kept).
812.145(b) Records inspection.	(b) Records inspection. A sponsor, IRB, or investigator, or any other person acting on behalf of such a person with respect to an investigation, shall permit authorized FDA employees, at reasonable times and in a reasonable manner, to inspect and copy all records relating to an investigation.
812.145(c) Records identifying subjects	(c) Records identifying subjects. An investigator shall permit authorized FDA employees to inspect and copy records that identify subjects, upon notice that FDA has reason to suspect that adequate informed consent was not obtained, or that reports required to be submitted by the investigator to the sponsor or IRB have not been submitted or are incomplete, inaccurate, false, or misleading.

812.150 Reports.	Sec. 812.150 Reports.
812.150(a) Investigator reports	(a) Investigator reports. An investigator shall prepare and submit the following complete, accurate, and timely reports:
812.150(a)(1) Unanticipated adverse device effects	(1) Unanticipated adverse device effects. An investigator shall submit to the sponsor and to the reviewing IRB a report of any unanticipated adverse device effect occurring during an investigation as soon as possible, but in no event later than 10 working days after the investigator first learns of the effect.
812.150(a)(2) Withdrawal of IRB approval	(2) Withdrawal of IRB approval. An investigator shall report to the sponsor, within 5 working days, a withdrawal of approval by the reviewing IRB of the investigator’s part of an investigation.
812.150(a)(3) Progress	(3) Progress. An investigator shall submit progress reports on the investigation to the sponsor, the monitor, and the reviewing IRB at regular intervals, but in no event less often than yearly.
812.150(a)(4) Deviations from the investigational plan	(4) Deviations from the investigational plan. An investigator shall notify the sponsor and the reviewing IRB (see Sec. 56.108(a) (3) and (4)) of any deviation from the investigational plan to protect the life or physical well-being of a subject in an emergency. Such notice shall be given as soon as possible, but in no event later than 5 working days after the emergency occurred. Except in such an emergency, prior approval by the sponsor is required for changes in or deviations from a plan, and if these changes or deviations may affect the scientific soundness of the plan or the rights, safety, or welfare of human subjects, FDA and IRB in accordance with Sec. 812.35(a) also is required.
812.150(a)(5) Informed consent	(5) Informed consent. If an investigator uses a device without obtaining informed consent, the investigator shall report such use to the sponsor and the reviewing IRB within 5 working days after the use occurs.
812.150(a)(6) Final report	(6) Final report. An investigator shall, within 3 months after termination or completion of the investigation or the investigator’s part of the investigation, submit a final report to the sponsor and the reviewing IRB.
812.150(a)(7) Other	(7) Other. An investigator shall, upon request by a reviewing IRB or FDA, provide accurate, complete, and current information about any aspect of the investigation.
812.150(b) Sponsor reports	(b) Sponsor reports. A sponsor shall prepare and submit the following complete, accurate, and timely reports:
812.150(b)(1) Unanticipated adverse device effects	(1) Unanticipated adverse device effects. A sponsor who conducts an evaluation of an unanticipated adverse device effect under Sec. 812.46(b) shall report the results of such evaluation to FDA and to all reviewing IRB’s and participating investigators within 10 working days after the sponsor first receives notice of the effect. Thereafter the sponsor shall submit such additional reports concerning the effect as FDA requests.
812.150(b)(2) Withdrawal of IRB approval	(2) Withdrawal of IRB approval. A sponsor shall notify FDA and all reviewing IRB’s and participating investigators of any withdrawal of approval of an investigation or a part of an investigation by a reviewing IRB within 5 working days after receipt of the withdrawal of approval.
812.150(b)(3) Withdrawal of FDA approval	(3) Withdrawal of FDA approval. A sponsor shall notify all reviewing IRB’s and participating investigators of any withdrawal of FDA approval of the investigation, and shall do so within 5 working days after receipt of notice of the withdrawal of approval.
812.150(b)(4) Current investigator list	(4) Current investigator list. A sponsor shall submit to FDA, at 6-month intervals, a current list of the names and addresses of all investigators participating in the investigation. The sponsor shall submit the first such list 6 months after FDA approval.
812.150(b)(5) Progress reports	(5) Progress reports. At regular intervals, and at least yearly, a sponsor shall submit progress reports to all reviewing IRB’s. In the case of a significant risk device, a sponsor shall also submit progress reports to FDA. A sponsor of a treatment IDE shall submit semi-annual progress reports to all reviewing IRB’s and FDA in accordance with Sec. 812.36(f) and annual reports in accordance with this section.
812.150(b)(6) Recall and device disposition	(6) Recall and device disposition. A sponsor shall notify FDA and all reviewing IRB’s of any request that an investigator return, repair, or otherwise dispose of any units of a device. Such notice shall occur within 30 working days after the request is made and shall state why the request was made.
812.150(b)(7) Final report	(7) Final report. In the case of a significant risk device, the sponsor shall notify FDA within 30 working days of the completion or termination of the investigation and shall submit a final report to FDA and all reviewing the IRB’s and participating investigators within 6 months after completion or termination. In the case of a device that is not a significant risk device, the sponsor shall submit a final report to all reviewing IRB’s within 6 months after termination or completion.
812.150(b)(8) Informed consent	(8) Informed consent. A sponsor shall submit to FDA a copy of any report by an investigator under paragraph (a)(5) of this section of use of a device without obtaining informed consent, within 5 working days of receipt of notice of such use.
812.150(b)(9) Significant risk device determinations	(9) Significant risk device determinations. If an IRB determines that a device is a significant risk device, and the sponsor had proposed that the IRB consider the device not to be a significant risk device, the sponsor shall submit to FDA a report of the IRB’s determination within 5 working days after the sponsor first learns of the IRB’s determination.
812.150(b)(10) Other	(10) Other. A sponsor shall, upon request by a reviewing IRB or FDA, provide accurate, complete, and current information about any aspect of the investigation. [45 FR 3751, Jan. 18, 1980, as amended at 45 FR 58843, Sept. 5, 1980; 48 FR 15622, Apr. 12, 1983; 62 FR 48948, Sept. 18, 1997]