The US Food and Drug Administration has updated and finalized guidance to determine which mobile medical applications fall under medical device oversight requirements based on their functions.
FDA’s final guidance replaces draft guidance issued in 2013, and aligns with requirements in the 21st Century Cures Act of 2016 for determining whether or not a digital health tool or product qualifies as a mobile medical device (and therefore as a medical device). The agency has also published updated guidances on related issues such as off-the-shelf software for medical devices and medical device data systems (MDDS).
The final guidance scope keeps longstanding definitions in place: telehealth products and technologies are considered mobile medical apps if intended for use either as accessories to other regulated medical devices or to transform mobile technology platforms into regulated devices.
Now that FDA guidance on mobile medical apps has been updated according to new legislative requirements, the list of digital health products not considered regulated devices has grown. The agency identifies 21 software functions that fall outside the scope of the final guidance, including:
Again, FDA criteria for which telehealth products fall under agency oversight as medical devices remains consistent in the final guidance: