Skip Navigation
FDA Logo links to FDA home page
U.S. Food and Drug Administration
HHS Logo links to Department of Health and Human Services website

FDA Home Page | Search FDA Site | A-Z Index | Contact FDA

Office of Management
Budget Formulation and Presentation

horizonal rule

FY 2007 Table of Contents

MEDICAL DEVICES AND RADIOLOGICAL HEALTH

FY 2005 Actual

FY 2006 Enacted 1/

FY 2007 Estimate

Increase or Decrease

Program Level

$244,282,000

$260,503,000

$271,571,000

11,068,000

Center

$183,157,000

$192,714,000

$200,480,000

7,766,000

FTE

1,104

1,136

1,158

22

Field

$61,125,000

$67,789,000

$71,091,000

3,302,000

FTE

412

407

421

14

Program Level FTE

1,516

1,543

1,579

36

Budget Authority

$214,962,000

$220,564,000

$229,334,000

8,770,000

Trigger Needs for ADUFA and MDUFMA

$4,950,000

$4,950,000

FTE

28

28

Cost of Living

$3,334,000

$3,334,000

Strategic Redeployment

$486,000

$486,000

FTE

0

0

Budget Authority FTE

1,367

1,378

1,406

28

User Fees

$29,320,000

$39,939,000

$42,237,000

$16,864,000

MDUFMA

$16,361,000

$22,978,000

$24,931,000

$1,953,000

FTE

115

131

139

8

MQSA

$12,959,000

$16,961,000

$17,306,000

$345,000

FTE

34

34

34

0

User Fee FTE

149

165

173

8

1/Includes a one percent rescission

Historical Funding and FTE Levels

Fiscal Year

Program Level

Budget Authority

User Fees

Program Level FTE

2003 Actual

217,285,000

193,350,000

23,935,000

1,485

2004 Actual

$221,506,000

$191,143,000

$30,363,000

1,515

2005 Actual

$244,282,000

$214,962,000

$29,320,000

1,516

2006 Enacted

$260,503,000

$220,564,000

$39,939,000

1,543

2007 Estimate

$271,571,000

$229,334,000

$42,237,000

1,579

Statement of Budget Request

The Center for Devices and Radiological Health is requesting $271,571,000 in program level resources for accomplishing its mission activities including:

Program Description

CDRH regulates a wide array of medical devices, from: artificial hearts, pacemakers, drug-coated stents to deep brain stimulators and spinal implants, mammography and dialysis machines and infusion pumps to intraocular lenses and cochlear implants; as well as robotic surgery devices, stair-climbing wheelchairs, in vitro diagnostic devices, radiologic devices and many others. To keep pace with the rapid development of new technology, and to make decisions based on the best scientific information and knowledge available, CDRH routinely consults with experts in the academic community, other government entities, clinical practice, and the military. CDRH also supports initiatives to improve the Nation's ability to respond to bioterrorism and public health challenges, including expediting the review of bioterrorism diagnostics, managing product shortages, supporting safe and effective development and use of battlefield and emergency devices, ensuring safe use of x-ray machines in airports and other security systems, and assessing radiation products for misuse as weapons.

ORA supports CDRH by conducting preapproval inspections of both foreign and domestic establishments and other premarket-related activities such as: bioresearch monitoring of clinical research, preapproval inspections and laboratory method validations needed for premarket application decisions, and inspections of manufacturing facilities to determine if the factory is able to manufacture the product to the specifications stated in the application. ORA conducts risk-based domestic and foreign postmarket inspections, field exams and sampling of medical device manufacturers to assess their compliance with Good Manufacturing Practice requirements, and conducts inspections of reprocessors of single-use devices and radiological health products.To complement the regular field force, the Office of Criminal Investigations investigates instances of criminal activity in FDA regulated industries.

Performance Analysis

During the latest performance period, (FY 2005), the Medical Devices program met four of its seven center performance targets; expects to meet the remaining three when the data becomes available in June FY 2007; and met all three of its field performance targets.For more information about these performance goals and results, please see the Performance Detail section.

The Food & Drug Administration Modernization Act of 1997 gives FDA the mandate to replace universal user facility reporting with the Medical Product Surveillance Network (MedSun) that is composed of user facilities that constitute a representative profile of user reports.  FDA estimates that there may be as many as 300,000 injuries and deaths annually associated with device use and misuse. FDA surpassed by 200% our long-term goal of expanding patient surveillance by 50% by 2008, through increasing the number of patients covered from 17 million to 53 million this year. This will allow for more rapid identification and analysis of adverse events.  MedSun is a critical component towards achieving this long-term goal.

Performance Highlight:

FY 2007 Goal Target

FY 2005 Results

Context

Expand actively participating sites in Medsun Network to 76 percent.

FDA recruited, trained and have functioning 354 facilities for the network

MedSun will reduce device-related medical errors; serve as an advanced warning system; and create a two-way communication channel between FDA and the user-facility community.

Program Resource Changes

Budget Authority

Cost of Living-Pay: + $3,334,000

FDA's request for inflationary pay costs is essential to accomplishing our public health mission.Payroll costs account for more than sixty-percent of the FDA budget, and the Agency is not able to absorb this level of inflation on such a significant portion of its resources. The increase will allow FDA to maintain staffing levels, including a national cadre of specially trained scientific staff. The total estimate for pay increases is $20,267,000. The Devices portion of this increase is $3,334,000. These resources are vitally important for FDA to fulfill its mission to protect the public health by helping safe and effective products reach the market in a timely way, and monitoring products for continued safety after they are in use.

Appropriated User Fee Trigger Needs -- Maintaining Medical Device Review Programs:+ $ 4,950,000 and + 28 FTE

To meet the statutory requirements for collecting Medical Device User Fees, FDA must spend a minimum amount of appropriated resources, indexed to the cost of living, on the review process. If the appropriation and/or spending do not meet these minimum requirements (known as user fee triggers), the agency is unable to receive the supplemental user fee funding and the program terminates. The additional budget authority is needed to ensure that the trigger requirements are met. The requested amount for the Medical Device review Program is $4,950,000 and 28 FTE. The portion for the Center for Devices and Radiological Health is $2,901,000 and 15 FTE, and the portion for the Office of Regulatory Affairs is $2,049,000 million and 13 FTE.

User Fees

Medical Devices User Fee and Modernization Act:+$1,953,000 and + 7 FTE

The Medical Device User Fee and Modernization Act of 2002 (MDUFMA), P.L. 107-250, amends the Federal Food, Drug, and Cosmetic Act to provide FDA important new responsibilities, resources, and challenges. MDUFMA was signed into law October 26, 2002 and was amended by the Medical Device User Fee Stabilization Act of 2005. MDUFMA has three particularly significant provisions. These provisions allow for the collection of user fees for premarket applications, allow establishment inspections to be conducted by third parties and place new regulatory requirements on reprocessed single use devices. The revenues from these fees, and the appropriated trigger amounts will allow FDA to pursue a set of ambitious performance goals that will provide patients earlier access to safe and effective technology, and will provide more interactive and rapid review to the medical device industry. In FY 2007 FDA will work with Congress on the reauthorization of the Medical Device User Fee and Modernization Act. This increase of $1,953,000 will cover inflationary costs, as well as overhead and rent costs, for additional staff associated with the Act.

Mammography Quality Standards Act (MQSA):+$345,000

Breast cancer is the most commonly diagnosed cancer and the second leading cause of cancer deaths among American women. Experts estimate that one in eight American women will contract breast cancer during their lifetime. The MQSA, which was reauthorized in October 2004, addresses the public health need for safe and reliable mammography. The Act required that mammography facilities be certified by October 1994, and inspected annually to ensure compliance with national quality and safety standards. The reauthorization codified existing certification practices for mammography facilities and laid the groundwork for further study of key issues that include ways to improve physicians' ability to read mammograms and ways to recruit and retain skilled professionals to provide quality mammograms. The increase of $345,000 will cover inflation.

Proposed User Fees (Reclassified as Mandatory): (Non-Add)

Reinspection User Fee (Mandatory):+ $2,616,000 and + 22 FTE (Non-Add)

The Administration is proposing authorizing legislation that requires establishments to pay the full costs of reinspections and associated follow-up work when FDA reinspects facilities due to failure to meet Good Manufacturing Practices (GMPs) or other important FDA requirements.Under this proposal, these activities will be reclassified as mandatory user fees in FY 2007. FDA currently funds this activity through discretionary appropriations. Imposing a fee would generate $22.0 million in revenue, an estimated amount sufficient to fund the FY 2007 reinspections. The Devices Program component of this user fee is $2,616,000 and 22 FTE.

Justification of Base

FDA Strategic Goal: Enhancing Patient and Consumer Protection and Empowering Them with Better Information about Regulated Products

FDA will continue to improve problem detection and the timeliness of risk management actions aimed at preventing harm from regulated products, and will continue its highly-regarded risk communications activities aimed at increasing safe and effective use of medical products. FDA plans to:

Modernize Medicare and Medicaid through Safe Product Use

Improve Problem Detection and Risk Management to Transform Health Care

Communicating Risks More Effectively to Empower Consumers

National Evaluation of X-ray Trends (NEXT)

The NEXT program is a world-recognized collaboration of FDA with the Conference of Radiation Control Program Directors, the umbrella organization of state radiation control agencies to monitor the radiation doses patients receive during diagnostic x-ray exams.

In April 2005 FDA posted an article on the Radiological Health website titled "Dental Radiography: Doses and Film Speed." The article is a result of the NEXT Dental Survey, major film manufacturer research, and other literature searches, and it documents that dentists who use a higher film speed during dental x-rays can reduce patient radiation exposure by 60 percent. The article is available at: http://www.fda.gov/cdrh/radhlth/dentalradio.html .

FDA Strategic Goal: Increasing Access to Innovative Products and Technologies to Improve Health

FDA will continue to provide rapid, transparent and predictable review of marketing applications and to increase the number of safe and effective new products "including those for untreated conditions, emerging infectious diseases and counterterrorism" by improving the predictability, efficiency and effectiveness of product development; contributing to standards for performance characteristics of diagnostic devices; and increasing the quality of applications. FDA plans to:

Premarket Review to Advance Medical Research

New DNA-Based Test for Cystic Fibrosis

FDA approved the first DNA-based blood test to help detect cystic fibrosis by directly analyzing human DNA to find genetic variations indicative of the disease. The test will be used to help diagnose cystic fibrosis in children and to identify adults who are "carriers" of the gene variations. FDA was able to take advantage of the automatic reclassification of class III devices (the de novo process) to bring this product to market with an expedited and streamlined 510(k) review despite the lack of a predicate device. The result is the availability of a powerful new diagnostic tool that represents a significant advance in the application of genetic technology and paves the way for similar genetic diagnostic tests to be developed in the future.

Cystic fibrosis is a serious genetic disorder affecting the lungs and other organs that often leads to an early death. It is the number one cause of chronic lung disease in children and young adults, as well as the most common fatal hereditary disorder affecting Caucasians in the U.S.The disease affects about one in 3,000 Caucasian babies. Half of the people with cystic fibrosis die by age 30.

Obesity, Diabetes and Cardiovascular Disease Strategies

Improve the availability of diagnostic devices and consumer information by continuing to:

Third Party Review to Sustain Access to New Products

Science and Standards to Advance Medical Research

Genetic Testing

The vast majority of genetic tests are currently not regulated by FDA but are being developed as home brew assays under the authority of the Clinical Laboratory Improvement Amendments of 1988 (CLIA). There is considerable confusion about these two different regulatory mechanisms.There is also ongoing interest in assuring appropriate assessment of technology and communication of information on new genetic tests. FDA plans to work with the Center for Disease Control and Prevention (CDC), the Center for Medicare and Medicaid Services (CMS), the Federal Trade Commission (FTC) and other agencies to:

Collaboration Corrects Problems Across An Industry

CDRH issued an inspection assignment to ORA's field investigators after CDRH's review and evaluation of various data determined that many of the cochlear implant manufacturers had hermeticity and moisture problems that led to injuries in patients using these devices. Based on the findings of the inspections, CDRH conducted numerous meetings and discussions with the industry on ways to resolve the problems, including redefining moisture level specifications in the cochlear implants. Through CDRH's efforts, the industry made a number of major hermeticity and moisture level improvements that have led to a decrease in injuries.As a result of CDRH's work, the National Institute of Standards and Technology sponsored an October 2005 workshop on the biocompatibility of microchips, capacitors, and components used in implantable devices.

Research and Clinical Study Ethics and Integrity (Bioresearch Monitoring)

FDA Strategic Goal: Improving Product Quality, Safety, and Availability through Better Manufacturing and Product Oversight

FDA will continue to prevent harm from regulated products by developing scientific and technical standards and systems aimed at maximizing medical product quality, and by using efficient and effective risk targeting, external partnering and collaboration aimed at detecting and intercepting substandard manufacturing processes and products. FDA plans to:

Risk Management

Import Monitoring and Inspections

Bioterrorism and Homeland Security

Radiological Counterterrorism and Radiation Safety

Electro-Magnetic Interference From Security Systems

In the late 1990s, CDRH identified over 100 reports of injuries in patients with critical active implanted medical devices such as pacemakers/defibrillators and nerve stimulators. Injuries occurred when patients walked through some electromagnetic security devices like metal detectors.Preliminary CDRH measurements confirmed that some devices emitted relatively strong magnetic fields.With no standardized test methods addressing security systems emissions, CDRH engineers developed a new test method and novel simulator to generate electromagnetic fields similar to any security device. The results of this work help biomedical engineers and manufacturers of medical devices and security systems to identify incompatible combinations of emitters and victims early in the development stage, thus preventing injuries for vulnerable medical device patients.

CDRH used the expertise they developed on this subject in numerous premarket reviews, and published the simulator details and test results in peer reviewed journals. They are working with several international standards setting organizations to adopt this FDA-developed technology.

International Activity Collaborations

Inspections by Accredited Persons

Maintain the MDUFMA-authorized program to accredit third persons (Accredited Persons) to conduct inspections of eligible manufacturers of Class II and Class III medical devices.This program is independent of third party inspections performed under the current US/EC Mutual Recognition Agreement and offers companies that use the program, if they are doing business globally, the option to coordinate required inspections so that one appropriately certified third party can perform an inspection that may satisfy more than one regulatory authority- thereby limiting the disruption to production that is associated with multiple inspections. FDA will continue to:

Bovine Spongiform Encephalopathies (BSE) and Transmissible Spongiform Encephalopathies (TSE)

BSE, also known as "Mad Cow Disease," is a deadly, degenerative disorder of the central nervous system. TSE includes a group of related human and animal diseases that are fatal to humans and animals and for which there is no treatment or preventive vaccine. FDA plans to:

Clinical Laboratory Improvement Amendments (CLIA)

FDA Strategic Goal: Transforming FDA Business Operations, Systems, and Infrastructure to Support FDA's Mission in the 21st Century

FDA works to increase the quality, effectiveness, and adaptability of the FDA workforce and to improve capability and capacity for highly coordinated and integrated operations. FDA will:

In addition, FDA plans to relocate CDRH's engineering and physics research programs to FDA's consolidated campus at White Oak. FDA needs to allocate funds to provide basic laboratory support equipment, such as biosafety cabinets and autoclaves, and for research instrumentation, such as electron microscopes and lasers.

Selected FY 2005 Accomplishments

FDA Strategic Goal: Enhancing Patient and Consumer Protection and Empowering Them with Better Information about Regulated Products

Modernize Medicare and Medicaid

Improve Problem Detection and Management

Communicate Risk More Effectively

FDA increased access to information on its websites, in newsletters, through increased outreach efforts, and through internal operational initiatives. Highlights include:

 

For Youth and Mature Adults … Health Matters

CDRH leads FDA's efforts to reach all consumers "including youth and older adults"with medical information important to maintaining good health."Maturity Health Matters," a newly-launched online newsletter, is geared toward providing FDA regulated product information of interest to the older adult population. This newsletter focuses on FDA regulated products that help people live longer and more productive lives. www.fda.gov/cdrh/maturityhealthmatters/ .

The FDA & You newsletter targets secondary school students and Health Educators. FDA & You provides information on FDA topics of interest to teenagers. www.fda.gov/cdrh/fdaandyou/index.html .

MQSA - Mammography Quality Standards Act

Research, Development And Evaluation Activities

CDRH conducted applied research that expanded patient protection, including:

Bioresearch Monitoring (BIMO)

FDA invoked the Application Integrity Policy (AIP) against a manufacturer and distributor of drug of abuse test kits after significant questions arose concerning the integrity of data submitted to the Agency. This achievement effectively removed thousands of potentially inaccurate and ineffective diagnostic drugs of abuse test kits from the marketplace. Because of this action, FDA suspended the substantive review of eight (8) of the manufacturer's pending 510(k) marketing submissions, and the manufacturer subsequently withdrew 18 additional cleared 510(k) marketing submissions due to widespread data inconsistencies and questionable design and research practices

FDA Strategic Goal: Increasing Access to Innovative Products and Technologies to Improve Health

Medical Device User Fee and Modernization Act of 2002, P.L. 107-250 (MDUFMA)

FDA continued to implement MDUFMA of 2002. FDA used the additional funds to hire staff expertise and develop better systems and infrastructure to support more effective and timely premarket review. The law requires FDA to pursue a complex and comprehensive set of review goals that are more aggressive each successive year. In 2005 CDRH fulfilled the MDUFMA statutory requirements and maintained device review performance in areas not covered by official performance goals.

Innovations In Patient Care

The following devices are examples of advanced device technologies that FDA approved or cleared during FY 2005 that have a particular impact on patient care.

Diagram of the device

 

 

 

Rapid, Transparent Device Reviews

Leveraging Expertise to Supplement Review Decisions

Improving Application Quality

Research, Development And Evaluation Activities

Applied research advances innovative technologies and consumer health. CDRH research contributes to the internal review process as well as to the development of guidance for industry in the development of innovative technologies:

Efficient, Effective Predictable Product Development

FDA Strategic Goal: Improving Product Quality, Safety, and Availability through Better Manufacturing and Product Oversight

Risk-Based Management

Continued to refine the risk-based management program for inspection and enforcement actions. This program not only impacts how inspections areprioritized, but will help identify and prioritize other types of regulatory activities, such as device recalls, that present the greatest risk to public health. CDRH analyses of past inspection data is used to make decisions on inspection priorities and regulatory actions. CDRH analyzed 132 Warning Letters issued to medical device manufacturers, finding 75 percent of the citations related to GMP violations and 24 percent related to MDR violations.

Radiological Health New Direction

CDRH's Radiological Health activities provide expertise for the review and approval of treatment and therapy systems, for preventing excessive radiation exposures from diagnostics examinations such as fluoroscopy, and for monitoring and evaluating radiation emitting products such as security screening devices used to guard against terrorist threats.

Emergency Preparedness

CDRH routinely consulted with other government agencies on diagnostic and monitoring devices, radiological counter measures and radiation-emitting devices with potential to be used as weapons (e.g., visible lasers) and on radiation safety issues, including preventing unnecessary radiological exposure from security screening products.

FDA Strategic Goal: Transforming FDA Business Operations, Systems, and Infrastructure to Support FDA's Mission in the 21st Century

Improved Management - IT

Devices and Radiological Health
Program Activity Data (PAD)

PROGRAM WORKLOAD AND OUTPUTS

FY 2005 Actual 1/

FY 2006 Estimate

FY 2007 Estimate

Expedited Original PMA MDUFMA Decision Goal (% of decisions within # of FDA days)

70% in 300 days

80% in 300 days

90% in 300 days

Expedited PMA Received

5

9

9

Expedited PMA Approved
2
9
9

Expedited PMA -Performance

100% in 300 days

80% in 300 days

90% in 300 days

PMA original, panel track supplement and premarket report submissions MDUFMA Decision Goals (% of decisions within # of FDA days)

NA

80% in 320 days

90% in 320 days

PMAs Received
(PDP and PMA)

49

50

50

PMAs Approved
( PDP and expedited)

38

43

43

Original PMA performance

100% in 320 days

80% in 320 days

90% in 320 days

 PMA Supplement Panel Tracks2/ Received

12

12

12

PMA Supplement Panel Tracks2/ Approved

9

12

12

Panel track PMA Supplement2/ performance

100% in 320 days

80% in 320 days

90 % in 320 days

Humanitarian Device Exemptions Received

4

6

6

Humanitarian Device Exemptions Approved

2

5

5

Average HDE FDA Review Time (FDA days approval)

222

150

140

180- day PMA Supplements MDUFMA Decision Goal (% of decisions within # of FDA days)

80% in 180 days

80% in 180 days

90% in 180 days

PMA Supplements Received

97

110

110

PMA Supplements Approved

79

100

100

 

PROGRAM WORKLOAD AND OUTPUTS

FY 2005 Actual 1/

FY 2006 Estimate 3/

FY 2007 Estimate

180-day PMA supplement performance

97% in 180 days

80% in 180 days

90% in 180 days

510(k) MDUFMA Decision Goal (% of decisions within # of FDA days)

75% in 90 days

75% in 90 days

80% in 90 days

510(k)s Received (Trad., Special, Abbrev., 3rd party)

3,650

3,600

3,600

510(k)s Completed (All Decisions)

2,617

3,500

3,500

510(k) performance

95% in 90 days

75% in 90 days

80% in 90 days

Investigational Device Exemptions Received

232

230

230

Investigational Device Exemptions Decisions

244

220

220

% Acted on Within 30 Days

100%

100%

100%

InvestigationIDE Supplements Received

4,282

4,300

4,300

IDE Supplements (Approved/Total Decisions)

4,249

4,300

4,300

% Acted on Within 30 Days

100%

100%

100%

Total Standards Recognized for Application Review

695

750

775

1/Data represents CDRH contributions to the categories listed above and are current as of 1/1/2006. Performance totals for FY 2005 are subject to change as the cohort matures. FDA is committed to meeting the performance goals cited in the MDUFMA legislation. User fees, coupled with the increased appropriated resources for medical device review received in FY 2005, will enable FDA to meet the aggressive premarket goals agreed upon by FDA and its stakeholders. The FY 2005 requested increase will strengthen the capabilities needed to meet the increased performance goals by building the medical device review infrastructure and hiring new reviewers. Outputs are not expected to increase until FY 2006 and FY 2007 when the infrastructure is in place and functioning and the new reviewers are on board and fully trained. Increased outputs in FYs 2006 and 2007 are contingent upon receipt of MDUFMA user fee revenue.

2/ A "Panel-Tracked" PMA supplement is a supplement to an already approved PMA and is usually for a change in the indications for use statement. The change in indications statement is usually for a new use of the already approved device (not change to the device), for use in a different disease condition, for use in a different anatomical site, or for use in a different patient population. A summary of safety and effectiveness information is prepared and made available to the public.

3/ Includes filing decisions, review determinations, and approval decisions.

DEVICES FIELD PROGRAM OUTPUTS-DOMESTIC INSPECTIONS

FY 2005
Actual

FY 2006
Estimate

FY2007
Estimate

Bioresearch Monitoring Program Inspections

329

300

300

Pre-Approval Inspections

64

130

130

Post-Market Audit Inspections

63

65

65

GMP Inspections (Levels I, II, III and Accredited Persons)

1,430

1,530

1,530

Total Above Domestic Inspections: Non MQSA

1,886

2,025

2,025

Inspections (MQSA) FDA Domestic (non-VHA)

366

335

371

Inspections (MQSA) FDA Domestic (VHA)

32

32

32

Inspections (MQSA) by State Contract

8,340

7,924

7,700

Inspections (MQSA) by State non-Contract

545

530

530

Total Above Domestic Inspections: MQSA

9,283

8,821

8,633

Total Domestic Reinspections (Non-add)

237

237

237

State Contract Devices Funding

$1,350,000

$250,000

$275,000

State Contract Mammography Funding

$9,800,000

$9,200,000

$9,940,000

Total State Funding

$11,150,000

$9,450,000

$10,215,000

Domestic Radiological Health Inspections

107

130

130

Domestic Field Exams/Tests

944

1,215

1,215

Domestic Laboratory Samples Analyzed

200

217

217

PROGRAM OUTPUTS-IMPORT/FOREIGN INSPECTIONS

     

Foreign Bioresearch Monitoring Inspections

6

10

10

Foreign Pre-Approval Inspections

17

34

34

Foreign Post-Market Audit Inspections

26

27

27

Foreign GMP Inspections

225

207

189

Foreign MQSA Inspections

16

15

15

Foreign Radiological Health Inspections

9

19

19

Total Above Foreign FDA Inspections

299

312

294

Total Foreign Reinspections (Non-add)

24

24

24

Import Field Exams/Tests

6,901

5,000

5,000

Import Laboratory Samples Analyzed

1,333

1,440