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« 10 States With the Highest Car Theft Rates | Main | FindLaw Survey: 1 in 6 Americans Still Paying Student Loans » FDA to Regulate Smartphone Health AppsThe U.S. Food and Drug Administration (FDA) has released a press announcement stating that it will begin regulating smartphone health apps.
With the continuing popularity of smartphones such as the Apple iPhone, Android mobile devices, and various tablets, a whole new slew of health applications have hit the market designed to keep users' health in check. Medical applications such as calorie counters and heart monitors are easily downloadable, and many users rely on them to serve their designated functions.
Despite these benefits, there could be potential health consequences if an application is faulty or used improperly. Enter the new FDA regulations:
What Types of Applications?
There is a huge variety of different mobile medical apps currently on the market. Some can diagnose abnormal heart rhythms or even function as a glucose meter for those with diabetes. However, just because an app serves some type of health or medical function doesn't mean the FDA's new regulations will apply.
The FDA states in its press release that the focus will be on the following types of apps in particular:
Apps that are intended to be used as an accessory to a regulated medical device (e.g. an application that allows a doctor to diagnose by viewing an image from a picture archiving and communication system); orApps that can transform a mobile platform into a regulated medical device (e.g. applications that serve as a device to detect abnormal heart rhythms or measure glucose)Regulations Focused on Functionality
The FDA also does not plan to regulate any general consumer functions of smartphone apps such as sales, settings, or where they are sold (through iTunes or Google Play, for example). Nor will they plan to regulate personal wellness apps, such as those that allow a user to track her daily calorie consumption.
According to the director of the FDA's medical device division, as stated in the press announcement, regulation of an application ultimately depends on that app's primary functions and its risks. He states that, for example, if a heart device that is used in a hospital is regulated, then the mobile app version will of course also be regulated. A faulty application can be just as dangerous as a faulty medical device.
Basically, "[i]t's not about the platform. It's about the functionality."
These products will first need to be cleared by the FDA before being released into the market. The average review time could take up to a couple of months, and the apps will be regulated according to the same standards for medical devices.
Related Resources:
U.S. FDA issues final rules on mobile medical apps (Reuters)FDA lays out rules for some smartphone health apps (The Associated Press)Mobile Medical Applications (U.S. Food and Drug Administration)FDA to Take New Look at Older Medical Devices (FindLaw's Injured) September 24, 2013 in Legal Topic: Consumer Protection, Legal Topic: Health & Health Care Law | PermalinkTechnorati Tags:FDA, FDA regulations, medical devices, medical health apps, smartphone health apps TrackBack
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Common Law Vanguard PanelThe following firms have assisted the FindLaw editorial team in identifying emerging trends in consumer protection law and topics of importance to readers of this blog:
Corsiglia McMahon & Allard, LLP - San Jose, CAKnapp & Roberts - Phoenix-Mesa, AZMcKeen & Associates - Detroit, MICarter Law Offices - Kansas City, MO-KSDavid G. Smith - Oakland, CADollar, Burns & Becker, L.C. - Kansas City, MO-KSFoley, Griffin, Jacobson & Faria, LLP - Nassau-Suffolk, NYJames P. Ginzkey, Trial Attorney - Bloomington-Normal, IL
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