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CFR- CODE OF FEDERAL REGULATIONS
TITLE 21--FOOD AND DRUGS
PART 822
POSTMARKET SURVEILLANCE
By:
N. Sai sree
I/II M PHARMACY
(Regulatory affairs)
CHALAPATHI INSTITUTE OF PHARMACEUTICAL
SCIENCES
What is CFR??
• The CFR is the codification of the general and permanent rules and
regulations published in the Federal Register by the executive departments
and agencies of the federal government of the United States. The CFR is
divided into 50 titles that represent broad areas subject to federal regulation.
Post marketing surveillance is the practice of
monitoring the safety of a pharmaceutical drug or
medical device after it has been released on
the market and is an important part of the science
of pharmacovigilance
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUB PARTS:
Sub part A - General provisions
Sub part B - Notification
Sub part C - Post market surveillance plan
Sub part D - FDA Reviews and action
Sub part E - Responsibilities of manufacturer’s
Sub part F - Waivers and Exemptions
Sub part G - Records and reports
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUBPART A--GENERAL PROVISIONS (822.1-822.4)
• This part implements section 522 of
the Federal Food, Drug, and Cosmetic
Act (the act) by providing procedures
and requirements for post market
surveillance.
Sec. 822.1 What
does this part
cover?
• The purpose of this part is to
implement our post market
surveillance authority to maximize the
likelihood that PMS plans will result in
the collection of useful data.
Sec. 822.2 What is
the purpose of this
part?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
• Some of the terms we use in this
part are specific to post market
surveillance and reflect the
language used in the statute
(law).
Sec. 822.3 How do
you define the terms
used in this part?
• If we have ordered you to
conduct post market surveillance
of a medical device under
section 522 of the act, this part
applies to you.
Sec. 822.4 Does
this part apply to
me?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUB PART B- NOTIFICATION(822.5-822.7)
Sec. 822.5 How will I
know if I must conduct post
market surveillance?
We will send you a letter
notifying you of the
requirement to conduct
post market surveillance.
Sec. 822.6 When will you
notify me that I am
required to conduct post
market surveillance?
They will notify during
the review of a marketing
application for your
device, as your device
goes to market, or after
your device has been
marketed for a period of
time.
Sec. 822.7 What should I
do if I do not agree that
post market surveillance is
appropriate?
If you do not agree you
may request review of our
decision by requesting a
meeting with the Director
Office of Surveillance
and Biometrics, who
generally issues the order
for post market
surveillance.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUBPART C-POST MARKET SURVEILLANCE PLAN (822.8 822.15)
Sec. 822.8 When I submit my post market surveillance
plan?
• You must submit your plan within 30 days of the date you
receive the post market surveillance order.
Sec. 822.9 What must I include in my submission?
• Your submission must include the following:
• Organizational/administrative information.
• Post market surveillance plan.
• Designated person information.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
Sec. 822.10 What must I
include in my surveillance
plan?
• It includes:
• The investigator agreement, if
applicable;
• Sources of data, e.g., hospital
records;
• The data collection plan and
forms;
• Sample size and units of
observation.
Sec. 822.11 What should I
consider when designing
my plan to conduct post
market surveillance?
• If any, patient protection
measures should be
incorporated into your plan.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
 Sec. 822.12 Do you have any information that will help me prepare my submission or
design my post market surveillance plan?
Guidance documents that discuss our current thinking on preparing a post market
surveillance submission and designing a post market surveillance plan are available.
 Sec. 822.13 [Reserved].
 Sec. 822.14 May I reference information previously submitted instead of submitting it
again?
Yes, you may reference information that you have submitted in premarket submissions
as well as other post market surveillance submissions.
 Sec. 822.15 How long must I conduct post market surveillance of my device?
The length of post market surveillance will depend on the post market surveillance
question identified in our order. We may order prospective surveillance for a period up to 36
months, longer periods require your agreement.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUBPART D- FDA REVIEW AND ACTION(822.16 -822.23)
• First, we will determine that the submission is
administratively complete. Then, in
accordance with the law whether the
designated person has appropriate
qualifications and experience
Sec. 822.16 What will you
consider in the review of
my submission?
• We will review your submission within 60 days
of receipt
Sec. 822.17 How long will
your review of my
submission take?
• We will send you a letter notifying you of our
decision and identifying any action you must
take.
Sec. 822.18 How will I be
notified of your decision?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
Sec. 822.19 What kinds of decisions may you make?
If your plan: Then we will send you: And you must:
Should result in the
collection of useful data
that will address the post
market surveillance
question
An approval order,
identifying any specific
requirements related to
your post market
surveillance
Conduct post market
surveillance of your
device in accordance
with the approved plan
Is not likely to result in
the collection of useful
data that will address the
post market surveillance
question
A letter disapproving
your plan and
identifying the reasons
for disapproval
Revise your post market
surveillance submission
and submit it to us
within the specified
timeframe. We will
determine the timeframe
case-by-case, based on
the types of revisions or
information that you
must submit
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
If fail to
submit plan then
failure to comply
with section 522 of
the act. Your
failure would be a
prohibited act
under section
301(q)(1)(C) of the
act, and your
device would be
misbranded under
section 502(t)(3)
of the act.
Sec. 822.20
What are the
consequences if I
fail to submit a
post market
surveillance
plan?
You must
submit three
copies of the
request to make
the proposed
change and revised
post market
surveillance plan
to the applicable
address with
making changes in
your plan that will
not affect the
nature or validity
of the data.
Sec. 822.21 What
must I do if I
want to make
changes to my
post market
surveillance plan
after you have
approved ?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
Sec. 822.22
What recourse
do I have if I
do not agree
with your
decision?
Same as that of 822.7
Sec. 822.23 Is
the information
in my
submission
considered
confidential?
We consider the content of your
submission confidential until we
have approved your post market
surveillance plan.
SUBPART E--RESPONSIBILITIES OF MANUFACTURERS
(822.4 – 822.8)
Sec. 822.24 What are my
responsibilities once I am
notified that I am required
to conduct post market
surveillance?
• You must submit your
plan to conduct post
market surveillance to us
within 30 days from
receipt of the order
(letter) notifying you that
you are required to
conduct post market
surveillance of a device.
Sec. 822.25 What are my
responsibilities after my
post market surveillance
plan has been approved?
• After we have approved
your plan, you must
conduct the post market
surveillance of your
device in accordance with
your approved plan.
Sec. 822.26 If my company
changes ownership, what
must I do?
• You must notify us within
30 days of any change in
ownership of your
company.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
• You must notify us within 30 days of
the date of your decision to close your
business. You should provide the
expected date of closure and discuss
your plans to complete or terminate
post market surveillance of your
device.
Sec. 822.27 If I go
out of business,
what must I do?
• You may request that we allow you to
terminate post market surveillance or
modify your post market surveillance
because you no longer market the
device.
Sec. 822.28 If I
stop marketing the
device subject to
post market
surveillance, what
must I do?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUBPART F--WAIVERS AND EXEMPTIONS (822.29 – 822.30)
• You may request that we waive any
specific requirement of this part. You may
submit your request, with supporting
documentation, separately or as a part of
your post market surveillance submission
to the address.
Sec. 822.29 May I request
a waiver of a specific
requirement of this part?
• You may request exemption from the
requirement to conduct post market
surveillance for your device or any specific
model of that device at any time.
Sec. 822.30 May I request
exemption from the
requirement to conduct
post market surveillance?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
SUBPART G-RECORDS AND REPORTS (822.31 – 822.38)
 Sec. 822.31 What records am I required to keep?
You must keep copies of:
All correspondence with your investigators or FDA, including required reports;
Your approved post market surveillance plan, with documentation of the date and
reason for any deviation from the plan;
All data collected and analyses conducted in support of your post market surveillance
plan.
 Sec. 822.32 What records are the investigators in my surveillance plan required to
keep?
Your investigator must keep copies of:
 All correspondence between investigators, FDA, the manufacturer, and the designated
person, including required reports.
 The approved post market surveillance plan, with documentation of the date and reason
for any deviation from the plan.
 All data collected and analyses conducted at that site for post market surveillance.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
• You, the designated person, and your
investigators must keep all records for a
period of 2 years after we have accepted
your final report.
Sec. 822.33 How long
must we keep the records?
• you must ensure that all records related to
the post market surveillance have been
transferred to the new sponsor or
investigator and notify us within 10
working days of the effective date of the
change.
Sec. 822.34 What must I
do with the records if the
sponsor of the plan or an
investigator in the plan
changes?
• We can review your post market
surveillance programs during regularly
scheduled inspections initiated to
investigate recalls or other similar actions,
and inspections initiated specifically to
review your post market surveillance plan.
Sec. 822.35 Can you
inspect my manufacturing
site or other sites involved
in my post market
surveillance plan?
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
Sec. 822.36 Can you
inspect and copy the
records related to my
post market
surveillance plan?
• We may, at a
reasonable time
and in a reasonable
manner, inspect
and copy any
records pertaining
to the conduct of
post market
surveillance that
are required to be
kept by this
regulation.
Sec. 822.37 Under
what circumstances
would you inspect
records identifying
subjects?
• We are likely to be
interested in such
records if we have
reason to believe
that required
reports have not
been submitted, or
are incomplete,
inaccurate, false, or
misleading.
Sec. 822.38 What
reports must I submit
to you?
• You must submit
interim and final
reports as specified
in your approved
post market
surveillance plan.
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES

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Cfr code of federal regulations-1 (1)

  • 1. CFR- CODE OF FEDERAL REGULATIONS TITLE 21--FOOD AND DRUGS PART 822 POSTMARKET SURVEILLANCE By: N. Sai sree I/II M PHARMACY (Regulatory affairs) CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 2. What is CFR?? • The CFR is the codification of the general and permanent rules and regulations published in the Federal Register by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. Post marketing surveillance is the practice of monitoring the safety of a pharmaceutical drug or medical device after it has been released on the market and is an important part of the science of pharmacovigilance CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 3. SUB PARTS: Sub part A - General provisions Sub part B - Notification Sub part C - Post market surveillance plan Sub part D - FDA Reviews and action Sub part E - Responsibilities of manufacturer’s Sub part F - Waivers and Exemptions Sub part G - Records and reports CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 4. SUBPART A--GENERAL PROVISIONS (822.1-822.4) • This part implements section 522 of the Federal Food, Drug, and Cosmetic Act (the act) by providing procedures and requirements for post market surveillance. Sec. 822.1 What does this part cover? • The purpose of this part is to implement our post market surveillance authority to maximize the likelihood that PMS plans will result in the collection of useful data. Sec. 822.2 What is the purpose of this part? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 5. • Some of the terms we use in this part are specific to post market surveillance and reflect the language used in the statute (law). Sec. 822.3 How do you define the terms used in this part? • If we have ordered you to conduct post market surveillance of a medical device under section 522 of the act, this part applies to you. Sec. 822.4 Does this part apply to me? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 6. SUB PART B- NOTIFICATION(822.5-822.7) Sec. 822.5 How will I know if I must conduct post market surveillance? We will send you a letter notifying you of the requirement to conduct post market surveillance. Sec. 822.6 When will you notify me that I am required to conduct post market surveillance? They will notify during the review of a marketing application for your device, as your device goes to market, or after your device has been marketed for a period of time. Sec. 822.7 What should I do if I do not agree that post market surveillance is appropriate? If you do not agree you may request review of our decision by requesting a meeting with the Director Office of Surveillance and Biometrics, who generally issues the order for post market surveillance. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 7. SUBPART C-POST MARKET SURVEILLANCE PLAN (822.8 822.15) Sec. 822.8 When I submit my post market surveillance plan? • You must submit your plan within 30 days of the date you receive the post market surveillance order. Sec. 822.9 What must I include in my submission? • Your submission must include the following: • Organizational/administrative information. • Post market surveillance plan. • Designated person information. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 8. Sec. 822.10 What must I include in my surveillance plan? • It includes: • The investigator agreement, if applicable; • Sources of data, e.g., hospital records; • The data collection plan and forms; • Sample size and units of observation. Sec. 822.11 What should I consider when designing my plan to conduct post market surveillance? • If any, patient protection measures should be incorporated into your plan. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 9.  Sec. 822.12 Do you have any information that will help me prepare my submission or design my post market surveillance plan? Guidance documents that discuss our current thinking on preparing a post market surveillance submission and designing a post market surveillance plan are available.  Sec. 822.13 [Reserved].  Sec. 822.14 May I reference information previously submitted instead of submitting it again? Yes, you may reference information that you have submitted in premarket submissions as well as other post market surveillance submissions.  Sec. 822.15 How long must I conduct post market surveillance of my device? The length of post market surveillance will depend on the post market surveillance question identified in our order. We may order prospective surveillance for a period up to 36 months, longer periods require your agreement. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 10. SUBPART D- FDA REVIEW AND ACTION(822.16 -822.23) • First, we will determine that the submission is administratively complete. Then, in accordance with the law whether the designated person has appropriate qualifications and experience Sec. 822.16 What will you consider in the review of my submission? • We will review your submission within 60 days of receipt Sec. 822.17 How long will your review of my submission take? • We will send you a letter notifying you of our decision and identifying any action you must take. Sec. 822.18 How will I be notified of your decision? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 11. Sec. 822.19 What kinds of decisions may you make? If your plan: Then we will send you: And you must: Should result in the collection of useful data that will address the post market surveillance question An approval order, identifying any specific requirements related to your post market surveillance Conduct post market surveillance of your device in accordance with the approved plan Is not likely to result in the collection of useful data that will address the post market surveillance question A letter disapproving your plan and identifying the reasons for disapproval Revise your post market surveillance submission and submit it to us within the specified timeframe. We will determine the timeframe case-by-case, based on the types of revisions or information that you must submit CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 12. If fail to submit plan then failure to comply with section 522 of the act. Your failure would be a prohibited act under section 301(q)(1)(C) of the act, and your device would be misbranded under section 502(t)(3) of the act. Sec. 822.20 What are the consequences if I fail to submit a post market surveillance plan? You must submit three copies of the request to make the proposed change and revised post market surveillance plan to the applicable address with making changes in your plan that will not affect the nature or validity of the data. Sec. 822.21 What must I do if I want to make changes to my post market surveillance plan after you have approved ? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 13. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES Sec. 822.22 What recourse do I have if I do not agree with your decision? Same as that of 822.7 Sec. 822.23 Is the information in my submission considered confidential? We consider the content of your submission confidential until we have approved your post market surveillance plan.
  • 14. SUBPART E--RESPONSIBILITIES OF MANUFACTURERS (822.4 – 822.8) Sec. 822.24 What are my responsibilities once I am notified that I am required to conduct post market surveillance? • You must submit your plan to conduct post market surveillance to us within 30 days from receipt of the order (letter) notifying you that you are required to conduct post market surveillance of a device. Sec. 822.25 What are my responsibilities after my post market surveillance plan has been approved? • After we have approved your plan, you must conduct the post market surveillance of your device in accordance with your approved plan. Sec. 822.26 If my company changes ownership, what must I do? • You must notify us within 30 days of any change in ownership of your company. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 15. • You must notify us within 30 days of the date of your decision to close your business. You should provide the expected date of closure and discuss your plans to complete or terminate post market surveillance of your device. Sec. 822.27 If I go out of business, what must I do? • You may request that we allow you to terminate post market surveillance or modify your post market surveillance because you no longer market the device. Sec. 822.28 If I stop marketing the device subject to post market surveillance, what must I do? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 16. SUBPART F--WAIVERS AND EXEMPTIONS (822.29 – 822.30) • You may request that we waive any specific requirement of this part. You may submit your request, with supporting documentation, separately or as a part of your post market surveillance submission to the address. Sec. 822.29 May I request a waiver of a specific requirement of this part? • You may request exemption from the requirement to conduct post market surveillance for your device or any specific model of that device at any time. Sec. 822.30 May I request exemption from the requirement to conduct post market surveillance? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 17. SUBPART G-RECORDS AND REPORTS (822.31 – 822.38)  Sec. 822.31 What records am I required to keep? You must keep copies of: All correspondence with your investigators or FDA, including required reports; Your approved post market surveillance plan, with documentation of the date and reason for any deviation from the plan; All data collected and analyses conducted in support of your post market surveillance plan.  Sec. 822.32 What records are the investigators in my surveillance plan required to keep? Your investigator must keep copies of:  All correspondence between investigators, FDA, the manufacturer, and the designated person, including required reports.  The approved post market surveillance plan, with documentation of the date and reason for any deviation from the plan.  All data collected and analyses conducted at that site for post market surveillance. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 18. • You, the designated person, and your investigators must keep all records for a period of 2 years after we have accepted your final report. Sec. 822.33 How long must we keep the records? • you must ensure that all records related to the post market surveillance have been transferred to the new sponsor or investigator and notify us within 10 working days of the effective date of the change. Sec. 822.34 What must I do with the records if the sponsor of the plan or an investigator in the plan changes? • We can review your post market surveillance programs during regularly scheduled inspections initiated to investigate recalls or other similar actions, and inspections initiated specifically to review your post market surveillance plan. Sec. 822.35 Can you inspect my manufacturing site or other sites involved in my post market surveillance plan? CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 19. Sec. 822.36 Can you inspect and copy the records related to my post market surveillance plan? • We may, at a reasonable time and in a reasonable manner, inspect and copy any records pertaining to the conduct of post market surveillance that are required to be kept by this regulation. Sec. 822.37 Under what circumstances would you inspect records identifying subjects? • We are likely to be interested in such records if we have reason to believe that required reports have not been submitted, or are incomplete, inaccurate, false, or misleading. Sec. 822.38 What reports must I submit to you? • You must submit interim and final reports as specified in your approved post market surveillance plan. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES
  • 20. CHALAPATHI INSTITUTE OF PHARMACEUTICAL SCIENCES