FDA may regulate iPhone Health Apps

Thursday - February 12th, 2009 - 09:48am EST by Brian Dolan | | | | | | |  |

Don WittersOne of the last and liveliest sessions at TEPR+ last week was a presentation and Q&A with Don Witters from the FDA Center for Devices and Radiological Health. Witters repeated multiple times that he attended the show in order to begin a dialog with the mHealth industry to establish clear pathways and regulations that ensure wireless quality of service, coexistence with other medical systems, data integrity, security and electromagnetic compatibility. Witters said his goal was safe, secure and reliable deployments of wireless technology in healthcare.

What is a medical device?

“So, what is a medical device?” Witters asked. “This is an implementation, product, apparatus or other component or accessory, which is used in the diagnosis, cure, mitigation, treatment, prevention of disease or effects any structure of the body–that could actually include some information technologies and performance technologies–but usually it’s something that is performed on the patient, touches the patient or is performed between physician and patient.”

iPhones with diagnostic apps are medical devices?

At times during the session, the tension in the room was palpable. Witters declared that the FDA has jurisdiction over any device that diagnoses, treats or prevents a disease. This led to one question from the audience: “So an MRI app for an iPhone is a wireless medical device? Or a patient reporting their blood glucose level by text messaging their physician who then adjusts their insulin dosage with a return SMS?” Witters initial response was “No, I think that’s getting into information exchange–that’s different.” After the questioner thanked him and said that people probably just breathed a sigh of relief, Witters doubled-back. “Well, I think the real answer is ‘We don’t know.’ That’s why I’m here today to begin this dialog and see where [the FDA] fits.” So, the FDA could really be interested in inspecting iPhones for use as “wireless medical devices”? You bet.

If it connects to a phone does the FDA look at the phone too?

Following the question, mobihealthnews asked Witters about a blood glucose monitoring device that recently gained approval by the FDA–the module connects to Motorola’s RAZR phone via the USB port. The company also recently told me it had plans to alter the module so it fits into an iPhone, too. Witters noted that he had heard of the recently approved device, but he wasn’t on the team that actually approved it so he didn’t know whether they inspected the RAZR as part of the wireless medical device system. If it was him, Witters said he would have looked at the RAZR.

Time to discuss standards is now

“I don’t think anyone in this room,” Witters said, “including myself, knows what the clear pathways are from a concept, to design, to testing, to deployment and maintenance for these systems. There are pieces that the FDA can weigh in on and then there are places that we don’t. There’s not even a good definition of a standard.”

Witters said that the real role of the FDA is to provide some reasonable assurance of safety and effectiveness in medical devices marketed in the U.S. The key point there is “marketed” in the U.S. This does not effect, and is not intended to, direct medical care for physician care directive.

We’re the FDA not the IRS

“When it comes to the FDA people think of us more like the IRS,” Witters said. “You don’t talk to the IRS unless they call you and then you call your lawyer or accountant or somebody. That’s not really the way systems work or ought to work. It should be a much more open process. It goes over the edge, though, when you start marketing [an unapproved wireless medical device] and it’s a money-making proposition and it has real issues with it. That’s where bad things start to happen.”

Witters encouraged all mHealth applications developers and wireless medical device makers to contact the FDA to weigh-in on how the industry should be regulated. Certainly better now than later. Contact the FDA’s Center for Devices and Radiological Health here.

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16 Responses to “FDA may regulate iPhone Health Apps”

  1. FDA Suggests Possible iPhone Health App Regulation…Or Do They? Says:

    [...] Health, gave a presentation at a healthcare IT conference last week during which he suggested that the FDA ought to have some regulatory jurisdiction over healthcare apps developed for the iPhone. His reasoning is that the FDA is responsible for all [...]

  2. FDA Suggests Possible iPhone Health App Regulation…Or Do They? | Apple News Says:

    [...] Health, gave a presentation at a healthcare IT conference last week during which he suggested that the FDA ought to have some regulatory jurisdiction over healthcare apps developed for the iPhone. His reasoning is that the FDA is responsible for all [...]

  3. Latest iPhone News » FDA Suggests Possible iPhone Health App Regulation…Or Do They? Says:

    [...] Health, gave a presentation at a healthcare IT conference last week during which he suggested that the FDA ought to have some regulatory jurisdiction over healthcare apps developed for the iPhone. His reasoning is that the FDA is responsible for all [...]

  4. Wi-Fi Gets Personal — Really Personal Says:

    [...] Don’t think that counts as a medical device? Try again. The FDA has recently hinted that it could start regulating health-related iPhone apps. [...]

  5. Wi-Fi Gets Personal — Really Personal | The Click Says:

    [...] And of course, don’t forget your iPhone. With its acceleromater, Wi-Fi signal and GPS, it has lots of potential to join in the fun, and many apps exist that use those tools for health and fitness purposes. Don’t think that counts as a medical device? Try again. The FDA has recently hinted that it could start regulating health-related iPhone apps. [...]

  6. Wireless, Health and the FDA « Intelligent Medicine Blog Says:

    [...] including the FDA’s Don Witters at the TEPR+ health IT conference earlier this month.  Mr. Witters was asked about the iPhone and whether or not it and other mobile health applications would be considered regulated devices.  [...]

  7. Wi-Fi Gets Personal — Really Personal - CHASTER - All Around The World Says:

    [...] And of course, don’t forget your iPhone. With its acceleromater, Wi-Fi signal and GPS, it has lots of potential to join in the fun, and many apps exist that use those tools for health and fitness purposes. Don’t think that counts as a medical device? Try again. The FDA has recently hinted that it could start regulating health-related iPhone apps. [...]

  8. Tom Evangelisti Says:

    If you’re going to market a wireless healthcare device (mobile phone, etc.) in the U.S. that measures vital stats, monitors, sends Rx reminds/alerts, or offers prescription medication information to consumers it needs to be cleared by the FDA.

  9. mobihealthnews » Blog Archive » Interview: Continua Health Alliance President Says:

    [...] Do you work alongside the FDA to help them craft their clearances for these devices? [...]

  10. mots Says:

    I wouldn’t trust a doctor or health professional who would use an iphone to read an mri

    MRIs on a small non-certified lcd/device

  11. Mike Ahmadi Says:

    I recently posted about this (http://tinyurl.com/LongArmFDA) on my website. There is no doubt in my mind that the FDA is going to get involved in the whole iPhone Medical environment. It is just a matter of time and resources, and will be fueled by growth of the iPhone in the healthcare environment.

  12. Cormac O'Prey Says:

    Very interesting!

    I don’t want to launch into a sales pitch here, but I’m wondering if anyone has considered the parallels between secure data transmission for medical and financial purposes. I mention sales pitch because it just happens that we (Sagentia) developed the M-PESA mobile phone SMS-based financial transaction system for Vodafone (see http://www.vodafone.com/start/media_relations/news/group_press_releases/2007/safaricom_and_vodafone.html). We also develop medical devices (that’s what I do). Coincidence? Hopefully a happy one! If anyone feels they’d like to talk to us about it I’d love to hear from them.

    Cormac

  13. Timeline: The iPhone as medical tool | mobihealthnews Says:

    [...] February 12, 2009: During a question and answer period at a medical records event in Palm Springs, CA, the Food and Drug Administration’s Don Witters says that there may be circumstances where the iPhone should be considered a medical device and regulated as one. More [...]

  14. Apple puts onus of FDA clearance on iPhone developers | mobihealthnews Says:

    [...] may be considered a medical device and therefore regulated as one, however, as of February the FDA still hadn’t figured out exactly which circumstances those might [...]

  15. FDA: Who owns health data? Durable, intractable problem | mobihealthnews Says:

    [...] like the FDA has had a busy year — in February we reported that the FDA was just beginning its conversation with the wireless health industry. While that conversation may have only led to more questions so far, they are compelling [...]

  16. The 15 most popular 2009 wireless health stories | mobihealthnews Says:

    [...] FDA may regulate iPhone Health Apps [...]

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