Update: August 19, 2022: If manufacturers are considering seeking 510(k) clearance for personal protective equipment, most masks (such as product code FXX) and gloves (such as product codes LYY, LYZ, LZA, KGO, and LZC) are eligible for 510(k) Third Party Review.
- How to Submit a 510(k) Through the Third Party Review Program
- How to Become a Third Party Review Organization
- Interacting Early with the FDA During a 510(k) Review
- Resources for Third Party Review Organizations
- 510(k) Third Party Performance Metrics and Accreditation Status
The 510(k) Third Party Review Program provides medical device manufacturers with a voluntary alternative review process, in which accredited Third Party Review Organizations (3P510k Review Organizations) are allowed to review certain low-to-moderate risk medical devices. The program is intended to help yield more rapid 510(k) decisions and to allow the FDA to focus its resources on higher risk devices, while still maintaining oversight of the review of lower risk devices eligible for third party review. This program is formally known as the Accredited Persons Program.
Under the Third Party Review Program, a 510(k) submission for an eligible device may first be submitted to an accredited 3P510k Review Organization rather than directly to the FDA. Use of this program is voluntary. Approximately half of 510(k)s the FDA receives are eligible for this program. The sole payment under the program is between the 510(k) submitter and the 3P510k Review Organization; there is no separate payment (i.e., user fee) to the FDA.
3P510k Review Organizations use the same criteria used by the FDA to review 510(k) submissions. A 3P510k Review Organization's review may include early interaction with the FDA to ensure the 3P510k Review Organization is using up-to-date standards and guidance relevant to that type of device. It may also include requests for additional information from the 510(k) submitter. After the 3P510k Review Organization is satisfied with its review and has documented all the necessary information for the submission, it sends the submission to the FDA including the original 510(k) submission, the 3P510k Review Organization's review, and a recommendation of either substantially equivalent (SE) or not substantially equivalent (NSE).
The FDA makes the final determination on the 510(k) submission based on the review and recommendation received from the 3P510k Review Organization. If the 3P510k Review Organization did not appropriately apply the 510(k) decision criteria or if there are substantive review quality issues with their documentation, the FDA may need to re-review all or part of the 510(k) submission. However, the FDA is updating this program to avoid the routine re-review of 510(k) submissions already reviewed by a 3P510k Review Organization.
The FDA's review timeframe for a MDUFA decision is within 30 days after receiving the recommendation of a 3P510k Review Organization.