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Regulatory

Homologous use

Homologous use means an HCT/P is intended to perform the same basic function in the recipient that it performed in the donor, one of the criteria FDA applies in 21 CFR 1271.10 when determining whether a tissue product qualifies for the section 361 pathway.

The homologous use concept asks a narrow question: does the tissue do, in the recipient, the same basic thing it did in the donor's body? A structural tissue used to provide structural support, or a cushioning tissue used to provide cushioning, is the kind of comparison the standard is built around. How this comparison applies can differ by tissue type, and the specifics should be reviewed with counsel against 21 CFR 1271.10.

Homologous use is evaluated against the product's labeled or marketed intended use, not against every way a clinician might theoretically use it. A single tissue product could be marketed for one intended use that is homologous and another that is not, which is why the same product cannot be assumed to qualify for section 361 treatment across every possible application.

We do not advise on whether a specific clinical application is homologous for a particular product, since that determination depends on facts about the product's processing and the clinic's specific intended use. Buyers should request the supplier's written intended use description and review it, with their own counsel, against 1271.10 before relying on it.

These products are not FDA approved or licensed for any disease or condition. Information is for licensed healthcare professionals and is not medical or legal advice.

Because homologous use is tied to a specific intended use, a clinic cannot assume one product's classification automatically carries over to a different application.

Sources

  1. 21 CFR 1271.10 - Are my HCT/Ps regulated solely under section 361 of the PHS Act ↗eCFR