FDA published four device classification orders in the Federal Register on October 30, each creating a new Class II device type with special controls. The orders cover a spinal imaging system for neuraxial procedures, an over the counter device that assesses the risk of sleep apnea, software-aided diagnostic support for skin cancer lesions, and radiology software that refers findings related to fibrotic lung disease. CDRH posted them online on October 29.

Two of the regulations are now easy to look up. The spinal imaging system sits at 21 CFR 868.1985 under product code QXD, in the anesthesiology panel, and traces to DEN220009, IntuiTap Medical's VerTouch Spinal Imaging Device. The sleep apnea risk device sits at 868.2378 under product code QZW, from Samsung Electronics' Sleep Apnea Feature, authorized under DEN230041 in February 2024. The skin lesion type comes out of DermaSensor's DEN230008.

Codification is the part that changes a submission plan. A De Novo authorization sits with one company until FDA writes the regulation, and then the device type becomes a predicate anyone can cite with a published set of special controls to design against. For a startup working on wearable sleep apnea screening or point of care skin lesion assessment, the pathway question just moved from a De Novo request to a 510(k).