Convenience Kits Interim Regulatory Guidance

Published: 1997-05-19

Status: Final Type: Guidance Document Category: Premarket (510(k) / PMA / De Novo / IDE) Topics: Premarket Docket: FDA-2020-D-0957

Official Source

https://www.fda.gov/regulatory-information/search-fda-guidance-documents/convenience-kits-interim-regulatory-guidance PDF: https://www.fda.gov/media/72720/download

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Official Full Text

Convenience Kits Interim Regulatory Guidance This document is intended to provide guidance regarding a new premarket notification regulatory strategy for convenience kits. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute, regulations, or both. Public input on this document was not obtained prior to implementation because it is believed that this guidance presents a less burdensome policy that is consistent with public health. Premarket Notification (510(k)) Staff Program Operations Staff Office of Device Evaluation May 20, 1997 While this guidance document represents a final document, comments and suggestions may be submitted at any time for Agency consideration by contacting the Premarket Notification (510(k)) Section at 301-796-5640. For questions regarding the use or interpretation of this guidance, contact the Premarket Notification (510(k)) Section at 301-796-5640. U.S DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Center for Devices and Radiological Health

Convenience Kits Interim Regulatory Guidance As part of the Center for Devices and Radiological Health's organizational transformation initiative, the 510(k) Process Reengineering Team has been carefully examining the Premarket Notification (510(k)) Program to insure that it is operating at peak efficiency and that the optimum public health benefit is achieved given the allotted resources. During the preliminary examination of the requirements and execution of the 510(k) Program, the Team identified a change to the Program that may reduce the regulatory burden for assemblers of convenience kits. Outlined below is a new regulatory approach to be applied to convenience kits which could result in a decrease in the number of 510(k) submissions for these devices and, in so doing, will save ODE review resources. It is estimated that the Office of Device Evaluation (ODE) receives approximately 300 510(k) submissions per year that could be impacted by this regulatory approach. Background Under the current regulations, first time marketers of devices must submit a premarket notification and obtain clearance for a device before it can be lawfully introduced into interstate commerce. Assemblers/manufacturers of convenience kits who intend to market these devices for the first time are subject to these requirements. Many of the kits that have been the subject of 510(k) review are comprised of legally marketed devices that are simply being assembled in kit form strictly for the "convenience" of the purchaser or user, thus the term "convenience kit." During the review of convenience kit 510(k)s, ODE has traditionally focused its efforts on the intended use(s) of the particular type of kit, the device components that are included in the kit, and the impact that any further processing may have on the kit and/or its components. The labeling for these kits tends to be rather basic, identifying the assembler or manufacturer of the particular kit and the intended use(s). Additional processing typically involves affixing the label to the outside packaging of the kit and terminal sterilization of the kit and its components. New Regulatory Approach Based on this experience, FDA believes that under certain circumstances premarket clearance for convenience kits may not be necessary to ensure protection of the public health. Accordingly, FDA intends to propose rulemaking to exempt certain, specifically identified convenience kits from the requirement of premarket notification. Until such a rule is in effect, FDA intends to exercise enforcement discretion regarding the requirement for premarket clearance for

convenience kits that conform with the specific limitations regarding intended use, components, and processing described below.

1. Intended Use - Using the 510(k) database, ODE has developed the attached list of generic types of kits that the Agency believes represents established intended use(s) for convenience kits and that does not modify the intended use(s) of the individual kit components. FDA recognizes that additional types of kits may currently exist that should be subject to this guidance. Likewise, FDA anticipates that other types of kits may become eligible for consideration in time. Thus, the list may be periodically updated based on the Agency's experience with this new regulatory approach as well as on comments received from interested parties.
2. Components - Convenience kits subject to this guidance should only include components that are either: (1) legally marketed preamendments devices, (2) exempt from premarket notification, or (3) have been found to be substantially equivalent through the premarket notification process. The components should be purchased in finished form, i.e., they should be packaged, labeled, etc., consistent with their legal marketing authorization.
3. Processing - This guidance only applies in instances where the kit assembler/manufacturer concludes that further processing, if any, of the kit does not significantly affect the safety or effectiveness of any of the kit's components. In making this determination, FDA recommends that kit manufacturers follow the procedures described in FDA's guidance document entitled, "Deciding When to Submit a 510(k) for a Change to an Existing Device." It is the responsibility of each kit assembler/manufacturer to carefully consider the impact that any processing may have on the kit's components. In the past, sterilization has been a focus of the 510(k) review for convenience kits; therefore, kit assemblers should carefully consider the impact of the sterilization process on individual kit components. If the kit's components may be sensitive to further processing, e.g., surgical sutures, the assemblers/manufacturers should take measures necessary to ensure that the components are not adversely affected by the reprocessing procedures. In summary, FDA intends to exercise its enforcement discretion, i.e. not require 510(k) clearance, for convenience kits of a type matching one of those included on the attached list, consisting of components that have been cleared through the 510(k) process, and where the assembler/manufacturer is able to reasonably conclude that any further processing of the kit and its components does not significantly affect the safety or effectiveness of any of its components. Documentation to support each of these determinations should be maintained in the assembler's/manufacturer's files in accordance with the Quality System regulation (21 CFR 820) and should be available for FDA review if needed. It should be noted that while FDA intends to exercise enforcement discretion with respect to premarket notification requirements, assemblers/manufacturers of convenience kits are still required to comply with other general controls including registration, listing, prohibition against misbranding, and good manufacturing practices. In the future, FDA intends to propose rulemaking to formally exempt these types of kits from the requirement of premarket notification.

Limitations FDA does not intend to propose regulatory changes relating to drug requirements for convenience kits. For convenience kits that contain components subject to regulation as drugs, the assembler/manufacturer should contact the Center for Drug Evaluation and Research, Division of Prescription Drug Compliance & Surveillance, at (301) 594-0101 regarding premarket requirements for the drug components in the kit. This guidance is not intended to apply to kit 510(k)s that are under the jurisdiction of the Center for Biologics Evaluation and Research. For information regarding kits reviewed by CBER, the assembler/manufacturer should contact the Office of Blood Research and Review, Division of Blood Applications, Biologics Devices Branch at (301) 827-3524. Effective Date This guidance is effective immediately.

Types of Convenience Kits The attached list of convenience kits was developed based on FDA's database and is organized by medical speciality. For purposes of this document, the terms "kit," "set," and "tray" are considered synonymous. This list may be periodically updated based on the Agency's experience with this guidance as well as on comments received from interested parties. Name of Kit/Tray/Set and Intended Use (if Needed) Anesthesiology Devices Airway Suction Kit Anesthesia Breathing Circuit Kit (Adult & Pediatric) Anesthesia Conduction Kit Anesthesia Kit Arterial Blood Sampling Kit Blood Specimen Collection Kit (Excludes HIV Testing) Brachial Plexus Anesthesia Kit Caudal Anesthesia Kit Continuous Brachial Plexus Block Tray Custom Anesthesia Tray Epidural Anesthesia Kit Glossopharyngeal Anesthesia Kit Humidifier - Nebulizer Kit Laryngoscope Kit Nasal Endotracheal Tube Holder Kit Nerve Block Tray Orotrachael Intubation Guide Kit Oxygen Administration Kit Regional Anesthesia Kit Spinal Anesthesia Kit Spinal Epidural Anesthesia Kit Tracheal Suction Set Tracheobronchial Suction Catheter Kit Tracheostomy and Nasal Suctioning Kit Tracheotomy Care Kit

Cardiovascular Devices Angiography/Angioplasty Kit Angioscopic Valvulotome Kit Cardiac Catheterization Kit Cardioplegia Solution Administration Kit Cardiopulmonary Bypass Catheter Kit Cardiopulmonary Resuscitation Aid Kit Cardiovascular Catheter Sheath Introducer Kit Cardiovascular Procedure Kit Cardiovascular Surgical Instruments Tray Catheter Balloon Repair Kit Catheter Guide Wire Kit Catheter Introducer Kit Central Venous Blood Pressure Kit Central Venous Catheter Tray CT Biopsy Tray Digital Angiography Tray Endothelial Cell Harvesting Kit Laser Blood Flow Kit Lead Introducer Kit Percutaneous Atrial Catheter Kit Percutaneous Sheath Introducer Kit Phlebotomy Blood Collection Kit Winged Intravenous Catheterization Kit Clinical Chemistry and Clinical Toxicology Devices Blood Alcohol Kit (Excludes HIV testing) Blood and Urine Collection Kit (Excludes HIV testing) Neonatal Blood Collection Kit and Screening Form (Excludes HIV testing) Sex Crimes/Sexual Assault/Suspect Evidence Collection Kit (Excludes HIV testing) Urine Collection Kit (Excludes HIV testing) Urine Transport Kit (Excludes HIV testing)

Dental Devices Dental Hygiene Kit Dental Implant Surgical Tray Dental Prophylaxis Kit Denture Repair Kit Endodontic Kit Fixture Mount Kit General Purpose Dental Tray Gingival Retraction Kit Lapping Tool Kit Oral Surgery Tray Plaque Disclosing Kit Prophylaxis Kit Restorative Instrument and Component Tray Ear, Nose, and Throat Devices Cricothyrotomy Kit Ear Irrigation Kit Ear, Nose, and Throat Surgical Tray Myringotomy Procedure Kit Oral Irrigation Kit Pierced Ear/Entry Cleaning Tray Tracheostomy Cleaning Tray Tracheostomy Kit Gastroenterology-Urology Devices Anti-Regurgitation Blood Tubing Kit Balloon Gastrotomy Tube Kit Barium Enema Kit Biopsy Needle Kit Bladder Irrigation Kit Body Fluids Barrier Kit Bulb Irrigation Tray Catheter Care Tray Catheter (Insertion) Tray Cholangiogram Catheter Kit Continuous Arteriovenous Hemofiltration Catheter Kit Declotting Tray

Dialysis Administration Kit Dialysis On/Off Kit Dialyzer Holder Set Dual Lumen Catheter Tray Electrosurgical Electrode Kit Endoscope Introducer Kit Endoscopic Cholangiogram Kit Enema Kit Enteral Administration Kit (Adult & Pediatric) Esophageal Dilator Kit Feeding Tube Kit Femoral Catheter Kit Flexible and Rigid Choledochoscope Kit Foley Catheter Kit (Excludes HIV Testing) Gastric Colonic Catheter Irrigation Kit Gastric Irrigation and Aspiration Kit Gastric Lavage Kit (Adult or Pediatric Use) Gastro-Urology Biopsy Kit Gastrointestinal Tube Kit Gastrostomy Guide Wire Placement Kit Gastrostomy Jejunostomy Feeding Tube Kit Gastrostomy Tube Kit Hemodialysis Tray Kidney Perfusion Kit Laparoscopic Cholangiogram Catheter Kit Laparoscopic Gastrostomy Kit Laparoscopic Jejunostomy Kit Laparoscopy Kit Male External Catheterization Kit (Excludes HIV Testing) Multi-Lumen Hemodialysis Catheterization Kit Nasogastric Feed Tube Kit Nasogastric-Gastrojejunal Kit Needle Catheter Jejunostomy Kit Nephroscope Set Non-Balloon Replacement Gastrostomy System Ostomy Care Kit Percutaneous Endoscopic Gastrostomy Kit Percutaneous Replacement Gastrostomy Tube Kit Percutaneous Cholangiogram Kit Perineal Irrigation Kit Peritoneal Dialysis Administration Kit Peritoneal Dialysis Tubing Kit Personal Erection Kit

Rectal Dilator Kit Replacement Gastrostomy Feeding Catheter Tray Single Needle with Uni-Directional Pump Kit Single Needle (Co-Axial Flow) Dialysis Kit Sterile Infant Gavage Kit Subclavian Catheter Kit Suprapubic Cystostomy Catheter Kit Universal Drainage Tray Urinary Irrigation Kit Urinary Drainage Collection Kit Urinary Catheterization Kit (Excludes HIV Testing) General and Plastic Surgery Devices Aspiration Tray Basic Set-Up Tray Bone Marrow Biopsy Tray Bowel Kit Breast Biopsy/Localization Tray Burn Dressing Tray Burn Kit Cement and Bone Removal Kit Cholecystectomy Kit Debridement Tray Decontamination Kit Dressing Change Tray First Aid Kit Fluid Drainage Tray General Purpose Instrument Tray General Surgery Tray Herniorrhaphy Kit Hysterectomy Kit Incision and Drainage Tray Irrigation Kit (Wounds) Laceration Tray Laparoscopic Cholecystectomy Kit Laparoscopic Sphincterotomy Kit Liver Biopsy Kit Minor Surgical Procedures Tray Operating Room Accessories Table Tray Paracentesis Tray Pelviscopy Kit

Plastic Surgery and Accessories Kit Shave Prep Kit Single Use Instrument Tray Skin Prep Tray Staple Removal Kit Sterile Puncture Tray Sterilization Wrap Tray Suction Catheter Kit Surgical Instrument Tray Surgical Retractor Kit Suture Kit Suture Removal Kit Thoracic Catheter Insertion Tray Tourniquet Kit Ulcer Wound Tray Vacuum Powered Body Fluid Collection Kit Venous Ulcer Kit Wound Drainage Kit Wound Dressing Kit General Hospital and Personal Use Devices Admission Kit (Patient Utensil) Anaphylactic Emergency Kit Baby Care Kit Blood Administration Kit Blood Borne Pathogen Response Kit Blood Sampling Kit (Excludes HIV Testing) Blood Transfusion Kit Body Fluid Barrier Kit Body Fluid Clean Up Kit Body Fluid Disposal Kit Bone Marrow Collection/Transfusion Kit Buret Administration Intravenous Kit Catheter Repair Kit Central Venous Catheter Dressing Change Kit Chemotherapy Administration Kit Chemotherapy Spill Clean-up Kit Chest Drainage Kit Clean-Up Kit Delivery Room Apparel Kit Emergency Response Safety Kit

Fever Monitoring Kit I.V. Start Kit Insect Sting Emergency Kit Intra-Arterial Administration Kit Intravenous Extension Tubing Kit Lumbar Puncture Tray (Adult & Pediatric) Medical Procedure Tray Microsurgical Instrument Tray Mid-Stream Collection Kit Mortician’s Kit O.R. Scrub Prep Tray Oral Administration Set Parenteral Administration Kit Parenteral Supply Kit Percutaneous Introducer Kit Peripheral Catheter Insertion Kit Personal Protection Kit Port Introducer Kit Prep Kit Pressure Monitoring (Air/Gas) Kit Sitz Bath Kit Snake Bite Kit Snake Bite Suction Kit Spill Kit Survival Kit Thermometer Kit Thoracentesis Tray Ultrasonic Aspiration Biopsy Kit Umbilical Catheter Insertion Tray Vascular Access Port Kit Venipuncture Kit Vomitus Clean-Up Kit Neurological Devices Endoscopic Shunt Placement Kit Endoscopic Ventricular Catheter Placement Kit Intracranial Pressure & Temperature Monitoring Kit Lumbar Drainage Catheter Kit Lymphangiographic Kit Myelogram Kit Neurological Test Kit Neurological Tray

Obstetrical and Gynecological Devices Amniocentesis Tray Breast Pump Kit Cervical Smear Kit Cesarean Section Tray Circumcision Tray Culdocentesis Kit Cytology Kit D&C Tray Delivery Kit Emergency Obstetrical Kit Endometrial Sampling Kit Fetal Blood Sampling Kit (Excludes HIV Testing) Forensic Evidence Sexual Assault Kit Gynecological Laparoscopic Kit Labor and Delivery Kit Maternity Kit Obstetrical Kit Obstetrical Anesthesia Kit Obstetrical Vacuum Delivery Kit Pap Smear Kit Paracervical Anesthesia Kit Pelvic Exam Kit Pudendal Anesthesia Kit Seminal Fluid Collection Kit Trocar Kit Vaginal Examination Tray Vasovasostomy Set Opthalmic Devices Eye Tray IOL Tray Phaco Kit Surgical Eye Tray Vitrectomy Kit

Orthopedic Devices Disposable Joint Aspiration/Injection Kit Endoscopic Plantar Kit Graft Harvesting Kit Laparoscopic Bone Anchor Urethropexy Instrument Kit Orthopedic Tray Pre-Drill Kit for Cartilage Re-surfacing Surgical Cannulaes & Depth Gauge Kit for Arthroscopic Procedures Surgical Kit Transtibial Anterior Cruciate Ligament Kit Physical Medicine Devices Hand Accessory Kit Radiology Devices Arthrogram Tray Biopsy Needle Guide Kit Dental Tray Discography Kit MRI Disposable Kit Prostate Seeding Kit Radiographic Contrast Tray Radiology-Diagnostic Kit