On 11th Feb 2020, CDSCO, Ministry of Health and Family Welfare further elaborated the NEW Definition of Medical Devices for the “New Notified Medical Devices”
All devices including an instrument, apparatus, appliance, implant, material or other article, whether used alone or in combination, including a software or an accessory, intended by its manufacturer to be used specially for human beings or animals which does not achieve the primary intended action in or on human body or animals by any pharmacological or immunological or metabolic means, but which may assist in its intended function by such means for one or more of the specific purposes of ―
(i) diagnosis, prevention, monitoring, treatment or alleviation of any disease or disorder;
(ii) diagnosis, monitoring, treatment, alleviation or assistance for, any injury or disability;
(iii) investigation, replacement or modification or support of the anatomy or of a physiological process;
(iv) supporting or sustaining life;
(v) disinfection of medical devices; and
(vi) control of conception.
This means all Medical Devices which were not notified before February 11, 2020 (i.e. other than the list of 37 categories of medical devices), and will now be covered by the new definition of medical devices.
So why are Devices defined as Drugs?
Medical devices in India are regulated under the Drugs and Cosmetics Act 1940 (DCA). Within the DCA, from time to time, medical devices are first notified as drugs to come under the purview of the act. Even more so, the Medical Device Rules 2017 have also been framed under the DCA. Therefore, all medical devices are first notified as drugs under DCA so that they can ultimately be regulated under the new Medical Device Rules 2017.
DOWNLOAD NOTIFICATION S.O. 648(E)