On January 31, 2024, the FDA issued the final version about the QSR820, adopting the relevant requirements of the international standard ISO13485:2016 for medical device quality management system, and renamed QMSR quality management system regulations.
The new regulations will come into force two years later, on February 2, 2026. After several revisions, the content of ISO13485 and QSR are closer to each other and have the prerequisites for mutual harmonization; At the same time, the integrated QMSR can also reduce the compliance burden for companies.
Can a cpmpany that obtains ISO13485 certificate be exempted from FDA's factory inspection?
While ISO 13485 audits cover QMS requirements, there is no way to ensure that other FDA medical device requirements (e.g., Parts 803, 806, 821, 830) are audited during an independent ISO 13485 audit.
In addition, FDA does not monitor non-MDSAP audit organizations or evaluate the content of non-MDSAP audit reports.
Thus, FDA does not intend to require medical device manufacturers to obtain ISO 13485 certification, nor will FDA relies on ISO 13485 certificates to regulate medical device manufacturers. For example, ISO 13485 certificates will not be considered or accepted as a substitute for any supervisory process, including factory inspections or generating EIRs pursuant to Section 704 of the FD&C Act. FDA inspections will also not issue ISO 13485 qualified certificates.
Are there any changes to FDA's sampling and review procedures for factory inspections?
FDA's factory inspection sampling will still be based on risk rules. The QSIT audit guideline will be revised and replaced by a review process more consistent with the new QMSR. This rule will be implemented when the QMSR becomes effective (two years after its issuance).
For the impact of companies, we believe that the subsequent integration of medical device management system within the comapny will be smoother. For the FDA factory inspection, it will not be reduced or replaced by ISO13485 audit because of the revision of the regulations, companies still need to do a good job of compliance and risk control work.