10620.1 The applicant or an authorized representative shall sign the HDE. If the applicant does not reside or have a place of business within the U.S., the HDE shall be countersigned by an authorized representative residing or maintaining a place of business in the U.S. and shall identify the representative's name and address.

10620.2 Unless the applicant justifies an omission in accordance with § 10620.4, an HDE shall include:

1. (a) A copy of or reference to the Department's determination (in accordance with § 10619) that the device qualifies as a HUD;
2. (b) An explanation of why the device would not be available unless an HDE were granted and a statement that no comparable device (other than another HUD approved under this section or a device under an approved IDE) is available to treat or diagnose the disease or condition. The application also shall contain a discussion of the risks and benefits of currently available devices or alternative forms of treatment in the United States; and
3. (c) An explanation of why the probable benefit to health from the use of the device outweighs the risk of injury or illness from its use, taking into account the probable risks and benefits of currently available devices or alternative forms of treatment. Such explanation shall include a description, explanation, or theory of the underlying disease process or condition, and known or postulated mechanism(s) of action of the device in relation to the disease process or condition.

10620.3 All of the information required to be submitted under § 10606.2(b), except that:

1. (a) In lieu of the summaries, conclusions, and results from clinical investigations required under §§ 10606.2(c)(5)(B), (c)(6), and (f)(2), the applicant shall include the summaries, conclusions, and results of all clinical experience or investigations (whether adverse or supportive) reasonably obtainable by the applicant that are relevant to an assessment of the risks and probable benefits of the device; and
2. (b) In addition to the proposed labeling requirement set forth in § 10606.2(l) the labeling shall bear the following statement:

"Humanitarian Device. Authorized by District of Columbia law for use in the [treatment or diagnosis] of [specify disease or condition]. The effectiveness of this device for this use has not been demonstrated."; and

(c) The amount to be charged for the device and, if the amount is more than two hundred fifty dollars ($250), a report by an independent certified public accountant, made in accordance with the Statement on Standards for Attestation established by the American Institute of Certified Public Accountants, or in lieu of such a report, an attestation by a responsible individual of the organization, verifying that the amount charged does not exceed the costs of the device's research, development, fabrication, and distribution. If the amount charged is two hundred fifty dollars ($250) or less, the requirement for a report by an independent certified public accountant or an attestation by a responsible individual of the organization is waived.

10620.4 If the applicant believes that certain information required under § 10620.2 is not applicable to the device that is the subject of the HDE, and omits any such information from its HDE, the applicant shall submit a statement that identifies and justifies the omission. The statement shall be submitted as a separate section in the HDE and identified in the table of contents. If the justification for the omission is not accepted by the agency, the Department will so notify the applicant.

10620.5 Copies of all original HDE amendments and supplements, as well as any correspondence relating to an HDE, must be sent or delivered to the Department.

SOURCE: Final Rulemaking published at 60 DCR 10252 (July 12, 2013).