COVID-19-Related Guidance Documents for Industry, FDA Staff, and Other Stakeholders
In the Federal Register of March 13, 2023, FDA published a notice addressing the Agency’s COVID-19-related guidance documents, including which of those guidance documents will no longer be in effect after the expiration of the PHE, and which of those guidance documents FDA is revising to temporarily continue in effect.
Since the start of the COVID-19 PHE [declared under the PHS Act], the FDA has been committed to providing timely recommendations and regulatory information to support response efforts.
During the COVID-19 PHE declared under the PHS Act, the FDA has provided important tools and flexibilities to manufacturers, health care facilities, providers, patients, and other stakeholders.
Importantly, the ending of the PHE declared by HHS under the PHS Act will not impact FDA’s ability to authorize devices (including tests), treatments or vaccines for emergency use. Existing emergency use authorizations (EUAs) for products will remain in effect and the agency may continue to issue new EUAs going forward when criteria for issuance are met.
The FDA remains committed to providing notice and information to all impacted stakeholders to ensure a smooth transition.
The FDA is committed to providing timely recommendations, regulatory information, guidance, and technical assistance necessary to support rapid coronavirus disease 2019 (COVID-19) response efforts. As a result of the COVID-19 pandemic, a Public Health Emergency (PHE) Declaration was issued by the Health and Human Services (HHS) Secretary under the Public Health Service Act, on January 31, 2020, and was subsequently renewed through May 11, 2023. Additional information on the PHE Declaration is available at Public Health Emergency Declarations.
Process for COVID-19 Related Guidances
In the Federal Register of March 25, 2020, FDA published a Notice announcing the process for making COVID-19 related guidance documents available to the public. The process is in accordance with FDA’s established good guidance practices regulations and has enabled FDA to more rapidly disseminate and implement agency recommendations and policies related to COVID-19.
As part of this process, FDA periodically published a consolidated Notice of Availability announcing the availability of all COVID-19-related guidance documents FDA issued during the relevant period. When published in the Federal Register, the notices are listed below.
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, May 12, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, May 26, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, June 26, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, August 3, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, September 9, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, October 16, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, November 18, 2020)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, January 4, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, February 19, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, April 23, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, May 27, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, July 23, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, October 6, 2021)
- Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transition Plan for Medical Devices Issued Emergency Use Authorizations During the Coronavirus Disease 2019 Public Health Emergency (Federal Register, December 22, 2021)
- Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transition Plan for Medical Devices That Fall Within Enforcement Policies Issued During the Coronavirus Disease 2019 Public Health Emergency (Federal Register, December 22, 2021)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, January 21, 2022)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, March 4, 2022)
- Notice of Availability: Guidance Documents Related to Coronavirus Disease 2019 (COVID-19) (Federal Register, April 22, 2022)
March 24, 2023: The FDA has finalized two guidances: Transition Plan for Medical Devices That Fall Within Enforcement Policies Issued During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency and Transition Plan for Medical Devices Issued Emergency Use Authorizations (EUAs) Related to Coronavirus Disease 2019 (COVID-19). The guidances outline the FDA’s general recommendations to transition from certain policies adopted and operations implemented during the COVID-19 pandemic to normal operations, including the FDA’s recommendations for:
- Developing a transition implementation plan,
- Submitting a marketing submission, and
- Taking other actions with respect to these devices.
The FDA encourages stakeholders to review the two final guidances, attend the webinar noted below, and reach out to the FDA if they have questions or concerns. In particular, for manufacturers planning to seek marketing authorization for their devices, the FDA recommends beginning work on a marketing submission, including a transition implementation plan, as described in the guidances.
Additional resources:
- Transition Plan for Medical Devices That Fall Within Enforcement Policies Issued During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency
- Transition Plan for Medical Devices Issued Emergency Use Authorizations (EUAs) Related to Coronavirus Disease 2019 (COVID-19)
- Webinar on Guidances on COVID-19 Transition Plans for Medical Devices (April 18, 2023)
Implementation of COVID-19 Related Guidance Documents
In accordance with FDA’s good guidance practices, FDA will not seek public comment prior to implementing a guidance document if the agency determines that prior public participation is not feasible or appropriate. As such, guidance documents where prior public participation is not feasible or appropriate are implemented immediately, but remain subject to comment. Although FDA immediately implemented most COVID-19 related guidances, FDA will consider all comments received on any guidances and revise the guidance documents when appropriate.
Note that the table on this page includes only COVID-19-related guidances that are currently in effect. The “date posted” refers to the most recent update for that guidance.
From 2020 through 2022, FDA issued 84 new guidance documents to provide policies, transparency, and flexibility, as appropriate, to address vital medical products for COVID-19 and the public health issues facing the U.S. during this pandemic.
More information about FDA guidance documents is available on FDA’s guidance website. For information about accessing archived versions of withdrawn or expired guidances, see Archived Guidances below.
About FDA Guidances
Guidance documents represent the agency's current thinking on a particular subject. They do not create or confer any rights for or on any person and do not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirements of the applicable statute and regulations. For information on a specific guidance document, please contact the originating office.
Archived Guidances
FDA publicly archives web material for historical reference purposes. To access archives of this page, including guidances that may have since been withdrawn or expired:
- March 27, 2020 – May 16, 2021: Archives are available in the Internet Archive WayBack Machine. Select a date from the calendar to view an archived version of the page on that day.
- May 17, 2021 and later: Archives are available in Pagefreezer. Select a date on the left side of the page to view an archived version of the page on that day.
For assistance with guidance documents, please contact the center that issued the document.