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ATMA NIRBHAR BHARAT WITH
MEDICAL DEVICES RULES
IMPLEMENTATION
NEHU – 15TH
Nov 2021
MEDICAL DEVICES RULES
2017 IMPLEMENTATION
Dr. S.B.Sinha
Ex. President Biomedical
Engineering Society of
India
THERE WILL BE CHAOS IF WE
DON’T FOLLOW THE RULES. WE
WILL MOVE SLOWER
GOING WILL BE SMOOTH IF WE
FOLLOW THE RULES WE CAN MOVE
FASTER
WHY
REGULATIO
NS
Patient Safety
Global Acceptance
Level Playing Field for Imported as
well as Indigenous Manufacturers
WHAT IS
QUALITY
STANDARD
Quality standards are defined
as documents that provide
requirements, specifications,
guidelines, or characteristics that can
be used consistently to ensure that
materials, products, processes, and
services are fit for their purpose.
We have ISO Standard, BIS Standard
etc. for Medical Devices.
The standards are there as Voluntary
Standards in the beginning but when
Regulators come into force the
standards are made mandatory and
every MD is required to follow these
regulations.
MDR-2017
Medical Devices Rules 2017 were introduced in 2017 AND are
required to be complied with effective Jan 2018.
List of Regulated Devices were released in pieces.
However the regulators defined the MD and all the Medical
Devices were required to comply with the regulations in phases.
Phase-1- All the MD are required to be registered with CDSCO
till 1st Oct 2021.
Phase-2- All the Devices in Class A and B are required to get
Manufacturing or Import License till 1st Oct 2022
Phase-3- All the Devices in Class C & D are required to get
Manufacturing OR Import License till 1st Oct 2023.
STATUS OF
THE MD
IMPLEMENTAT
ION
37 Devices have been
notified as below out of
which 15 are Medical
Equipment as below:
These devices can no
longer be sold or imported
or manufactured without
registration
Name of
MD
Class Name of MD Class Name of
MD
Class
CT Scan C Nebulizer C Bone
Marrow
Cell
Separator
C
MRI C BP Monitors B PET C
Defibrilator
s
C Digital
Thermomet
ers
B X-Ray C
Dialysis
M/C
C Glucometers C
STATUS
UPDATE
CONT..
All other MD will be regulated phase wise as below:
1. All the devices and firm required to be registered on VOLUNTARY basis till 1st
Oct 2021.
2. All the devices and firm to be registered on mandatory basis after 1st Oct
2021. No imports can take place without registration.
3. All the devices and firm to get either manufacturing license or import license
till 1st Oct 2022 for A and B devices and till 1st Oct 2023 for Class C and D
devices failing which manufacture, sale and imports will be illegal. There will be
a penalty of Rs 1 lakhs or 3 times the value of drugs confiscated and an
imprisonment of 3-5 years.
WHAT WE
NEED TO
DO
We need to get registered as manufactures, as importers or as
distributors till 1st Oct 2021
After registration till 1st Oct 2021 we need to apply for
Manufacturing License, Import License or distributors license.
For reselling of imported goods under the Indian brand name
you need to get a Loan Manufacturing License and get the
items manufactured and sold at the loaned premises of any
manufacturer which already has got a manufacturing license.
PROCEDUR
E FOR
DISTRIBUT
ORS
Apply for a Drug License with state
authorities.
Get a user name and password within 1-2
days
After getting user name and password apply
for Wholesale or retail license to authorities
with the documents including Trade License,
Firm registration certificate, site ownership
or rent agreement in Form 19 A which
doesn’t require any pharmacist. However a
Biomedical Engineer CV may be required.
Time to get the License 37 days
The space requirement is 10 sqm for
Wholesale and 15 sqm for Wholesale and
retail combined license.
Fees will be vary from state to state but it is
less than rs 5000/-
DOCUMENT
S FOR
DISTRIBUT
ORS
1. Blueprint of the premises with signatures
of owners and tenant.
2. Supervisor and 2 Directors photograph.
3. Non conviction affidavits by two directors
and supervisor.
4. Address proof of Directors and
Supervisor.
5. Rent receipts / ownership certificates for
operating from premises.
6. Affidavit of Authorised Signatory attested
by notary.
PROCEDURE
S FOR
MANUFACTU
RERS
Get the firm and devices registered till 1st Oct
2021.
After 1st Oct apply for Manufacturing License.
Fees for Site Registration for Class A & B Devices-
Rs 5,000
Fees for each device
Rs 500
Fees for Site Registration of Class C&D Devices -
Rs 50,000
Fees for each Device
- Rs 1,000
DOCUMENTS
FOR
MANUFACTU
RING
LICENSE
CLASS A
& B MD
Form MD-3 Duly filled in.
Time frame -45 days for class A Device.
No audits will be required for Class A Device.
However after the license is granted within
120 days an audit by SLA may take place.
For Class B devices audits will take place by
NB within 90 days prior to grant of License.
The NB will send the report within 30 days.
The SLA will either reject the application with
reasons recorded in writing or grant the
License.
The appeal for rejection can be made within
45 days and will be disposed off within 60
days with hearings.
DOCUMENTS
FOR
MANUFACTU
RING
LICENSE
C&D
Form MD-7 for Class C & Class D Duly filled in.
Fees details
Scrutiny period 45 days by CLA with help of experts.
Inspection within 60 days from the date of application.
License or rejection with reasoning to be issued within
45 days of inspection.
Appeal within 45 days and disposal within 60 days.
License validity period is 5 years for all devices and
renewed annually thereafter.
DOCUMENT
S FOR
CLASS A
DEVICE
SCH 4
1. Device details, intended use and description.
2.Material of construction.
3. Working principle.
4. Label, package and inserts, IFU and User Manual.
5. Summary of serious AER and action taken by
authorities.
6.Site or plant master file.
7.Constitution details of the firm.
8.Essential performance and safety checklists.
9.Undertaking for compliance to fifth schedule(QMS
ISO 13485)
DOCUMENT
S FOR
CLASS
B.C&D
DEVICE
SCH 4
1. Constitution of the firm.
2. Site/ Plant Master File.
3. Device Master File. With BIS standard conformity
assessment report for EACH Device
4.Essential Checklists for compliance to safety and
Performance of MD.
5.Test License if any .
6. Undertaking of compliance to QMS.
REQUIREMENTS FOR
IMPORTERS CLASS A
DEVICE
Power of Attorney by Foreign Manufacturer in Favour of
Authorised Indian Agent (Authenticated by First Class
magistrate in India OR Indian Embassy in the Originating
Country of Apostile Services recognized in the
originating Country) on Standard Format Provided.
All the documents required for Manufacturing License.
In addition the Authorised agent will submit the
following to get the import license.
MD-14 Duly filled in.
THE FOREIGN MANUFACTURERS CAN’T REGISTER
DIRECTLY.
REQUIREM
ENTS FOR
IMPORTERS
CLASS A
DEVICE
Notarized copy of overseas Plant or Site
registration., and Free sale Certificate of the
Manufacturer.
Notarized copy of QMS Certificate issued by
competent authority in respect of the
manufacturing site.
Self attested copy of Manufacturing License or
Wholesale License.
Copy of inspection report carried out by the
Regulatory or Notified bodies within last three
years.
FEES FOR IMPORT LICENSE
CLASS A MD- SITE
FEES $1000 AND
EACH DEVICE FEES
$ 50
1
CLASS B MD- SITE
FEES $2000 AND
EACH DEVICE FEES
$ 1000
2
CLASS A MD- SITE
FEES $3000 AND
EACH DEVICE FEES
$ 1500
3
REQUIREM
ENTS FOR
IMPORTERS
CLASS B,C
AND D
DEVICES
TO BE
SUBMITTED
BY
AUTHORIZE
D AGENT
1. Constitution of the manufacturing firm.
2. Site/ Plant Master File of manufacturing firm
3. Device Master File for EACH Device with test reports
on compliance to standards.
4.Essential Checklists for compliance to safety and
Performance of MD.
5. Undertaking of compliance to QMS.
6. MD-14 Duly filled in.
SITE OR
PLANT
MASTER
FILE
CONTENTS
1. General information- Name and addres of
company and site, number of employees, type
of Medical Devices handled, any other activities
in the site, QMS Description summary.
2. Personnels- Qualifications and designations
and responsibility, training and hygiene.
3.Equipment- List of equipment for Quality
Control, maintenance and Calibration
procedures and records.
4.Sanitation requirements.
5. Production process, quality validations and
rejections handling.
SITE OR
PLANT
MASTER
FILE
CONTENTS
6. Premises and facilities- Ventilation, handling of hazardous
materials, fixtures, water handling schematics.
7. Quality assurance and release of finished products.
8. Storage of raw materials and finished goods condituons.
9. Documentation storage and control.
10. MD Complaints handling procedures.
11.Internal Audits procedures and records.
12.Contract activities.
DEVICE
MASTER
FILE
1. Executive Summary-
A. Device Descriptions, intended use etc.
B. Sterilization requirement, process details if sterilization is
required.
C. Risk management.
D. Clinical evidence for new equipment.
E. Regulatory status of similar devices in India(approved or not
approved)
F. Declaration of conformity.
G. Domestic pricing of the device.
DEVICE
MASTER
FILE
H. List of regulatory approvals in other countries.
I. AER and corrective actions and other safety evaluations.
2. Device description and product specification, including variants and
accessories
3.Labelling , IFU , Catalogues and Manual
4. Design and manufacturing informations
5. Essential principal checklists.
6. Risk analysis and control summary.
7. Verification and validation information
8.Biocomatibility, stability
QUALITY
MANAGEME
NT SYSTEM
1. General requirement.
2. Applicability
3. Terms and definitions
4. General QMS
5. Documentation and control
6. Quality Manual
7. Management responsibility
8. Quality Policy
QUALITY
MANAGEME
NT SYSTEM
9. Planning
10. Management review.
11. Resource management.
12. Product realization.
13. Customer management.
14. Design and development.
15. Purchasing
16. Service and installation.
QUALITY
MANAGEME
NT SYSTEM
17. Measurement and analysis
18. Internal Audit and
feedback.
19. Control of non conforming
products
20.Corrective and preventive
actions
LIST OF
FORMS
MD-3- Grant of Manufacturing license
for Class A & B Devices.
MD-4- Grant of Loan manufacturing
license for Class A&B MD
MD-7-Grant of Manufacturing license
for Class C&D MD
MD-8- Grant of loan manufacturing for
Class C&D MD
MD-14- Application for import of MD
STATUS
UPDATE Oct. 2021
Manufacturers represented to
Govt that ISO 13485 from
Notified Bodies takes time and
hence extension to the deadline
of Oct 2021 may be relaxed.
May 2022
Govt relaxed the conditions and
the DEADLINE for REGISTRATION
has been extended provided the
MANUFACTURERS submit a
DECLARATION that they will get
their ISO 13485 CERTIFICATIONS
BEFORE MAY 2022.
THANKS FOR
WATCHING
Q/A

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Medical Devices Rules 2017 Implementation

  • 1. ATMA NIRBHAR BHARAT WITH MEDICAL DEVICES RULES IMPLEMENTATION NEHU – 15TH Nov 2021
  • 2. MEDICAL DEVICES RULES 2017 IMPLEMENTATION Dr. S.B.Sinha Ex. President Biomedical Engineering Society of India
  • 3. THERE WILL BE CHAOS IF WE DON’T FOLLOW THE RULES. WE WILL MOVE SLOWER
  • 4. GOING WILL BE SMOOTH IF WE FOLLOW THE RULES WE CAN MOVE FASTER
  • 5. WHY REGULATIO NS Patient Safety Global Acceptance Level Playing Field for Imported as well as Indigenous Manufacturers
  • 6. WHAT IS QUALITY STANDARD Quality standards are defined as documents that provide requirements, specifications, guidelines, or characteristics that can be used consistently to ensure that materials, products, processes, and services are fit for their purpose. We have ISO Standard, BIS Standard etc. for Medical Devices. The standards are there as Voluntary Standards in the beginning but when Regulators come into force the standards are made mandatory and every MD is required to follow these regulations.
  • 7. MDR-2017 Medical Devices Rules 2017 were introduced in 2017 AND are required to be complied with effective Jan 2018. List of Regulated Devices were released in pieces. However the regulators defined the MD and all the Medical Devices were required to comply with the regulations in phases. Phase-1- All the MD are required to be registered with CDSCO till 1st Oct 2021. Phase-2- All the Devices in Class A and B are required to get Manufacturing or Import License till 1st Oct 2022 Phase-3- All the Devices in Class C & D are required to get Manufacturing OR Import License till 1st Oct 2023.
  • 8. STATUS OF THE MD IMPLEMENTAT ION 37 Devices have been notified as below out of which 15 are Medical Equipment as below: These devices can no longer be sold or imported or manufactured without registration Name of MD Class Name of MD Class Name of MD Class CT Scan C Nebulizer C Bone Marrow Cell Separator C MRI C BP Monitors B PET C Defibrilator s C Digital Thermomet ers B X-Ray C Dialysis M/C C Glucometers C
  • 9. STATUS UPDATE CONT.. All other MD will be regulated phase wise as below: 1. All the devices and firm required to be registered on VOLUNTARY basis till 1st Oct 2021. 2. All the devices and firm to be registered on mandatory basis after 1st Oct 2021. No imports can take place without registration. 3. All the devices and firm to get either manufacturing license or import license till 1st Oct 2022 for A and B devices and till 1st Oct 2023 for Class C and D devices failing which manufacture, sale and imports will be illegal. There will be a penalty of Rs 1 lakhs or 3 times the value of drugs confiscated and an imprisonment of 3-5 years.
  • 10. WHAT WE NEED TO DO We need to get registered as manufactures, as importers or as distributors till 1st Oct 2021 After registration till 1st Oct 2021 we need to apply for Manufacturing License, Import License or distributors license. For reselling of imported goods under the Indian brand name you need to get a Loan Manufacturing License and get the items manufactured and sold at the loaned premises of any manufacturer which already has got a manufacturing license.
  • 11. PROCEDUR E FOR DISTRIBUT ORS Apply for a Drug License with state authorities. Get a user name and password within 1-2 days After getting user name and password apply for Wholesale or retail license to authorities with the documents including Trade License, Firm registration certificate, site ownership or rent agreement in Form 19 A which doesn’t require any pharmacist. However a Biomedical Engineer CV may be required. Time to get the License 37 days The space requirement is 10 sqm for Wholesale and 15 sqm for Wholesale and retail combined license. Fees will be vary from state to state but it is less than rs 5000/-
  • 12. DOCUMENT S FOR DISTRIBUT ORS 1. Blueprint of the premises with signatures of owners and tenant. 2. Supervisor and 2 Directors photograph. 3. Non conviction affidavits by two directors and supervisor. 4. Address proof of Directors and Supervisor. 5. Rent receipts / ownership certificates for operating from premises. 6. Affidavit of Authorised Signatory attested by notary.
  • 13. PROCEDURE S FOR MANUFACTU RERS Get the firm and devices registered till 1st Oct 2021. After 1st Oct apply for Manufacturing License. Fees for Site Registration for Class A & B Devices- Rs 5,000 Fees for each device Rs 500 Fees for Site Registration of Class C&D Devices - Rs 50,000 Fees for each Device - Rs 1,000
  • 14. DOCUMENTS FOR MANUFACTU RING LICENSE CLASS A & B MD Form MD-3 Duly filled in. Time frame -45 days for class A Device. No audits will be required for Class A Device. However after the license is granted within 120 days an audit by SLA may take place. For Class B devices audits will take place by NB within 90 days prior to grant of License. The NB will send the report within 30 days. The SLA will either reject the application with reasons recorded in writing or grant the License. The appeal for rejection can be made within 45 days and will be disposed off within 60 days with hearings.
  • 15. DOCUMENTS FOR MANUFACTU RING LICENSE C&D Form MD-7 for Class C & Class D Duly filled in. Fees details Scrutiny period 45 days by CLA with help of experts. Inspection within 60 days from the date of application. License or rejection with reasoning to be issued within 45 days of inspection. Appeal within 45 days and disposal within 60 days. License validity period is 5 years for all devices and renewed annually thereafter.
  • 16. DOCUMENT S FOR CLASS A DEVICE SCH 4 1. Device details, intended use and description. 2.Material of construction. 3. Working principle. 4. Label, package and inserts, IFU and User Manual. 5. Summary of serious AER and action taken by authorities. 6.Site or plant master file. 7.Constitution details of the firm. 8.Essential performance and safety checklists. 9.Undertaking for compliance to fifth schedule(QMS ISO 13485)
  • 17. DOCUMENT S FOR CLASS B.C&D DEVICE SCH 4 1. Constitution of the firm. 2. Site/ Plant Master File. 3. Device Master File. With BIS standard conformity assessment report for EACH Device 4.Essential Checklists for compliance to safety and Performance of MD. 5.Test License if any . 6. Undertaking of compliance to QMS.
  • 18. REQUIREMENTS FOR IMPORTERS CLASS A DEVICE Power of Attorney by Foreign Manufacturer in Favour of Authorised Indian Agent (Authenticated by First Class magistrate in India OR Indian Embassy in the Originating Country of Apostile Services recognized in the originating Country) on Standard Format Provided. All the documents required for Manufacturing License. In addition the Authorised agent will submit the following to get the import license. MD-14 Duly filled in. THE FOREIGN MANUFACTURERS CAN’T REGISTER DIRECTLY.
  • 19. REQUIREM ENTS FOR IMPORTERS CLASS A DEVICE Notarized copy of overseas Plant or Site registration., and Free sale Certificate of the Manufacturer. Notarized copy of QMS Certificate issued by competent authority in respect of the manufacturing site. Self attested copy of Manufacturing License or Wholesale License. Copy of inspection report carried out by the Regulatory or Notified bodies within last three years.
  • 20. FEES FOR IMPORT LICENSE CLASS A MD- SITE FEES $1000 AND EACH DEVICE FEES $ 50 1 CLASS B MD- SITE FEES $2000 AND EACH DEVICE FEES $ 1000 2 CLASS A MD- SITE FEES $3000 AND EACH DEVICE FEES $ 1500 3
  • 21. REQUIREM ENTS FOR IMPORTERS CLASS B,C AND D DEVICES TO BE SUBMITTED BY AUTHORIZE D AGENT 1. Constitution of the manufacturing firm. 2. Site/ Plant Master File of manufacturing firm 3. Device Master File for EACH Device with test reports on compliance to standards. 4.Essential Checklists for compliance to safety and Performance of MD. 5. Undertaking of compliance to QMS. 6. MD-14 Duly filled in.
  • 22. SITE OR PLANT MASTER FILE CONTENTS 1. General information- Name and addres of company and site, number of employees, type of Medical Devices handled, any other activities in the site, QMS Description summary. 2. Personnels- Qualifications and designations and responsibility, training and hygiene. 3.Equipment- List of equipment for Quality Control, maintenance and Calibration procedures and records. 4.Sanitation requirements. 5. Production process, quality validations and rejections handling.
  • 23. SITE OR PLANT MASTER FILE CONTENTS 6. Premises and facilities- Ventilation, handling of hazardous materials, fixtures, water handling schematics. 7. Quality assurance and release of finished products. 8. Storage of raw materials and finished goods condituons. 9. Documentation storage and control. 10. MD Complaints handling procedures. 11.Internal Audits procedures and records. 12.Contract activities.
  • 24. DEVICE MASTER FILE 1. Executive Summary- A. Device Descriptions, intended use etc. B. Sterilization requirement, process details if sterilization is required. C. Risk management. D. Clinical evidence for new equipment. E. Regulatory status of similar devices in India(approved or not approved) F. Declaration of conformity. G. Domestic pricing of the device.
  • 25. DEVICE MASTER FILE H. List of regulatory approvals in other countries. I. AER and corrective actions and other safety evaluations. 2. Device description and product specification, including variants and accessories 3.Labelling , IFU , Catalogues and Manual 4. Design and manufacturing informations 5. Essential principal checklists. 6. Risk analysis and control summary. 7. Verification and validation information 8.Biocomatibility, stability
  • 26. QUALITY MANAGEME NT SYSTEM 1. General requirement. 2. Applicability 3. Terms and definitions 4. General QMS 5. Documentation and control 6. Quality Manual 7. Management responsibility 8. Quality Policy
  • 27. QUALITY MANAGEME NT SYSTEM 9. Planning 10. Management review. 11. Resource management. 12. Product realization. 13. Customer management. 14. Design and development. 15. Purchasing 16. Service and installation.
  • 28. QUALITY MANAGEME NT SYSTEM 17. Measurement and analysis 18. Internal Audit and feedback. 19. Control of non conforming products 20.Corrective and preventive actions
  • 29. LIST OF FORMS MD-3- Grant of Manufacturing license for Class A & B Devices. MD-4- Grant of Loan manufacturing license for Class A&B MD MD-7-Grant of Manufacturing license for Class C&D MD MD-8- Grant of loan manufacturing for Class C&D MD MD-14- Application for import of MD
  • 30. STATUS UPDATE Oct. 2021 Manufacturers represented to Govt that ISO 13485 from Notified Bodies takes time and hence extension to the deadline of Oct 2021 may be relaxed. May 2022 Govt relaxed the conditions and the DEADLINE for REGISTRATION has been extended provided the MANUFACTURERS submit a DECLARATION that they will get their ISO 13485 CERTIFICATIONS BEFORE MAY 2022.