Regulatory Challenges of SAMD

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Tejas. S. Aware, Girish. B. Kashid, Sandeep S. Kulthe, Rojana Patra, Pooja. B. Deore, Manish. B. Sahane

Abstract

In the European Union, digital systems, particularly those utilized for health data surveillance, fall under complex regulatory frameworks, prominently the Medical Device Regulation (MDR). The MDR is pivotal, defining the scope of digital systems capable of modifying body functions autonomously, thus categorizing them under MDR's purview. Despite this, distinguishing which systems qualify remains challenging, especially when considering the preventive, diagnostic, and monitoring roles. As digital surveillance technologies advance, they encounter regulatory structures designed for traditional medical devices, creating hurdles for innovation and implementation. This paper examines the key regulatory challenges faced by Software as a Medical Device (SaMD), focusing on the need for clear definitions and the evolving regulatory landscape. The lack of consensus on SaMD definitions between the EU and other bodies, such as the IEC and WHO, complicates compliance and innovation. Moreover, the rapid evolution of digital health technologies demands adaptable regulatory frameworks to ensure safety and efficacy without stifling progress. Addressing these issues is crucial for fostering innovation while maintaining rigorous safety standards in the growing field of digital health surveillance.

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