Pub. L. 112-144, tit. VI, sec. 601 (as amended)
INVESTIGATIONAL DEVICE EXEMPTIONS.
SEC. 601. INVESTIGATIONAL DEVICE EXEMPTIONS.
Section 520(g) (21 U.S.C. 360j(g)) is amended—
(1) in paragraph (2)(B)(ii), by inserting “safety or effectiveness” before “data obtained”; and
(2) in paragraph (4), by adding at the end the following:
“(C) Consistent with paragraph (1), the Secretary shall not disapprove an application under this subsection because the Secretary determines that—
“(i) the investigation may not support a substantial equivalence or de novo classification determination or approval of the device;
“(ii) the investigation may not meet a requirement, including a data requirement, relating to the approval or clearance of a device; or
“(iii) an additional or different investigation may be necessary to support clearance or approval of the device.”
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