MEDICAL DEVICES REGISTRATION

NKG team has a cumulative experience of more than 50 Years in Regulatory affairs. Over years, our experts have been Behind breakthrough Medical Devices Technology approvals by helping Medical Device companies from India and the World with a clear Regulatory Pathway for Successful Launch of their products under Medical Device Rules in India..

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    definition of

    medical devices

    As per New Notified definition of Medical Device Medical Device Rules 2017, Medical Device means – 

    1. substances used for in vitro diagnosis and surgical dressings, surgical bandages, surgical staples, surgical sutures, ligatures, blood and blood component collection bag with or without anticoagulant covered under sub-clause (i),
    2. substances including mechanical contraceptives (condoms, intrauterine devices, tubal rings), disinfectants and insecticides notified in the Official Gazette under sub-clause (ii),
    3. devices notified from time to time under sub-clause (iv), of clause (b) of section 3 of the Act;

    There are 37 categories of Notified Medical Devices under these rules.

    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)
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    INTRODUCTION TO

    medical devices

    There was a time when the concept of medical devices was very little in use in India. Besides, whatever equipment or systems were available, there was no control over the quality aspect and the patients at large had to suffer either because of quality or due to non availability of quality devices to treat various illness. The above difficulties were viewed seriously by the Ministry of Health and Family Welfare, Government of India and it was felt necessary to promulgate a law which would regulate the Medical devices including the intravenous diagnostic medical devices so that all Indian manufacturers and foreign suppliers can come under the Purview of the Guidelines of the said regulations issued by Central Drugs Standard Control Organisation.

    Accordingly, in 2006 Government issued a law through which all types of medical devices felt necessary at that time were regulated.A provision was also kept to bring in any other advanced technology Devices and Diagnostics under the government Purview. This definitely helped the country to a large extent to get quality products. The government has been including more and more medical devices under regulation which has helped direct control on the quality products by manufacturers and exporters to India. Over the years it has been felt by the Government that prices of a lot of devices have been going up drastically and sometimes unaffordable to the population at large and the National Pharmaceutical Pricing authority also intervened and regulated the Prices of the Devices.

    With the ever increasing innovation in medical devices Government has also been including many devices in the ambit of regulation for licences and as latest as on 11th February 2020, Government of India also revised the definition of medical devices through S.O. No. 648 to cover all devices under the definition of drugs.

    This expansion of medical device regulations to cover all devices has now made it mandatory for registration of devices being sold in the country. The government has also given sufficient time to the Indian Manufacturers as well as Overseas suppliers to adopt to such regulations and ensure that the Indian Consumers are assured safe and quality medical device products.

    2006

    YEAR

    It became compulsory for the medical devices entering India to be in compliance with the Indian Medical Device Regulations set forth by the CDSCO

    37

    families

    There are about 37 device “families” that outline the medical devices that need to be registered.

    4

    classes

    Class A -Low Risk, Class B- Low Moderate Risk, Class C – Moderate High Risk and Class D – High Risk

    get started with registration
    List of 37 categories of medical devices regulated or proposed to be regulated

    regulatory timeline

    The New Medical Devices Regulations came into Effect from January 2018 giving a Separate Regulatory identity to the Medical devices and Invitro Diagnostic Devices.To ensure Patient Safety the devices were delinked from drugs and the New medical Devices Regulations were formulated to ensure and Check Quality, Performance of Devices being sold in the country.

    Disposable Hypodermic Syringes
    Disposable Hypodermic Needles
    Disposable Perfusion Sets

    DOWNLOAD NOTIFICATION GSR 365 (E)

    Substances used for in vitro diagnosis including Blood Grouping Sera

    DOWNLOAD NOTIFICATION GSR 601 (E)

    Cardiac Stents
    Drug Eluting Stents
    Catheters
    Intra Ocular Lenses
    I.V. Cannulae
    Bone Cements
    Heart Valves
    Scalp Vein Set
    Orthopedic Implants
    Internal Prosthetic Replacements

    DOWNLOAD NOTIFICATION S.O.1468 (E)

    Ablation Devices

    DOWNLOAD NOTIFICATION GSR No 237 (E)

    Disinfectants and insecticide specified in Medical Devices Rules, 2017

    DOWNLOAD File No- 29/Misc.3/2017-DC (292)

    Ligatures, Sutures and Staplers
    Intra Uterine Devices (Cu-T) – CDSCO Category (Contraceptives)
    Condoms -CDSCO Category (Contraceptives)
    Tubal Rings- CDSCO Category
    (Contraceptives)
    Surgical Dressings
    Umbilical tapes
    Blood/Blood Component Bags

    DOWNLOAD File No. 29/Misc/3/2018-DC(18)

    Organ Preservative Solution

    DOWNLOAD FILE NO 29/Misc/3/2017-DC (292)

    Ultrasound equipment

    DOWNLOAD NOTIFICATION G.S.R. 102 (E)

    Nebulizer
    Blood Pressure Monitoring Device
    Glucometer
    Digital Thermometer
    All implantable medical devices Equipment
    CT Scan Equipment
    MRI Equipment
    Defibrillators
    PET Equipment
    X-Ray Machine
    Dialysis Machine
    Bone marrow cell separator

    DOWNLOAD File No. 29/Misc/3/2018-DC(18)
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    medical devices risk based

    classification in india

    In line with risk based classification of Global Harminozation task Force (GHTF), under the Medical Devices Rules 2017, Medical Device in India are classified into Class A, B, C and D with the risk associated with a device increasing from Class A (Low Risk) to Class D(High Risk). Medical Devices are classified as surgical or non-surgical devices based on a device’s invasiveness.

     

     

    FOR IMPORT

    FOR IMPORT

    FOR IMPORT
    FOR indian manufacturer

    FOR IMPORT
    FOR indian manufacturer
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    who regulates what

    cdsco & sla

     

    cdsco

    CDSCO under the Directorate General of Health Services,Ministry of Health & Family Welfare,Government of India  is the Central Licensing Authority or the National Regulatory Authority for Medical Devices falling under Class C & Class D in case of medical Devices manufactured in India. In case of imported Medical Devices, All classes from A to D are regulated by CDSCO.

    sla

    Medical Devices in Class A & B Manufactured in India are regulated by State Licensing Authorities (SLA)  (State Drug Controller) across all States/UT of India respectively. SLA is the competent authority for all enforcement, licensing and grant of permissions regarding sale, manufacture, stock of medical devices falling under Class A & Class B. 

    Medical devices belonging to class A need not be licensed and shall remain self-regulated as per applicable standards.

     

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    overview of various

    licenses, class and govt. fees

     

    #
    application form
    approval form
    risk class
    Fees
    CDSCO
    SLA
    1 MD 1 -Application for grant of Certificate of Registration of a Notified Body MD 2- Certificate of Registration for a Notified Body under the Medical Devices Rules, 2017 NA Rs. 25000  
    2

    MD 3- Application for Grant of Licence to Manufacture for Sale and Distribution of Class A or Class B medical device 

    MD 5- Licence to Manufacture for Sale or for Distribution of Class A or Class B Medical Device. 

    A & B

    Rs-5000 for plant registration

    Rs-500 for product (per product)

     
    3 MD 4-  Application for Grant of Loan Licence to Manufacture for Sale or for Distribution of Class A or Class B medical device MD 6- Loan Licence to Manufacture for Sale or for Distribution of Class A or Class B medical device A & B

    Rs-5000 for plant registration

    Rs-500 for product (per product)

     
    4 MD 7- Application for Grant of Licence to Manufacture for Sale or for Distribution of Class C or Class D MD 9- Licence to Manufacture for Sale or for Distribution of Class C or Class D C & D

    Rs-50000 for plant registration

    Rs-1000 for product (per product)

     
    5 MD 8- Application for Grant of Loan Licence to Manufacture for Sale or for Distribution of Class C or Class D MD 10- Loan Licence to Manufacture for Sale or for Distribution of Class C or Class D medical device C & D

    Rs-50000 for plant registration

    Rs-1000 for product (per product)

     
    6 MD 11- Form in which the Audit or Inspection Book shall be maintained   NA

    $6000

     
    7 MD 12- Application for licence to manufacture medical device for purpose of clinical investigations, test, evaluation, examination, demonstration or training MD 13- Licence to Manufacture Medical Devices for the Purposes of Clinical Investigations or Test or Evaluation or Demonstration or Training A, B, C, D

    Rs.500/-

    8 MD 14- Application for issue of import licence to import medical device In Class A  (Other than in vitro) MD 15- Licence to Import Medical Device In Class A (other than in vitro) A

    $1000 for plant

    $50 for product (per product)

     
    9 MD 14- Application for issue of import licence to import medical device In Class B  (Other than in vitro) MD 15- Licence to Import Medical Device In Class B (other than in vitro) B

    $2000 for plant

    $1000 for product (per product)

     
    10 MD 14- Application for issue of import licence to import medical device In Class C or D  (Other than in vitro) MD 15- Licence to Import Medical Device In Class C or D (other than in vitro) C & D

    $3000 for plant

    $1500 for product (per product)

     
    11 MD 14- Application for issue of import licence to import medical device In Class A or B  (In vitro) MD 15- Licence to Import Medical Device In Class A or B (In vitro) A & B

    $1000 for plant 

    $10 for product (per product)

     
    12 MD 14- Application for issue of import licence to import medical device In Class C or D  (In vitro) MD 15- Licence to Import Medical Device In Class C or D (In vitro) C & D

    $3000 for plant

    $500 for product (per product)

     
    13 MD 16- Application for Licence to Import Medical Devices for the Purposes of Clinical Investigations or Test or Evaluation or Demonstration or Training MD 17- Licence to Import Medical Devices for the Purposes of Clinical Investigations or Test or Evaluation or Demonstration or Training A,B,C,D

    $100

     
    14 MD 18- Application for licence to import investigational medical devices for the purposes by a government hospital or statutory medical institution for the treatment of patients MD 19- Licence to import investigational medical device by a government hospital or statutory medical institution for the treatment of patients A,B,C,D

    Rs.500/-

     
    15 MD 20- Application for permission to import small quantity of medical devices for personal use MD 21- Permission to import of small quantity of medical devices for personal use A,B,C,D

    No Fee 

     
    16 MD 22- Application for Grant of permission to conduct clinical investigation of an investigational medical device Form 23- Permission to conduct Clinical Investigation A,B,C,D

    Rs.1,00,000

     
    17 MD 24- Application for grant of permission to conduct clinical performance evaluation of new in vitro diagnostic medical device MD 25- Permission to conduct clinical performance evaluation of new in vitro diagnostic medical device A,B,C,D

    Rs.25000/-

     
    18

    MD 26- Application for grant of permission to import / manufacture for sale or for distribution of medical device which does not have predicate medical device

    MD 27- Permission to import or manufacture for sale or for distribution of medical device which does not have predicate medical device A,B,C,D

    Rs.50000/-

     
    19 MD 28- Application for grant of permission to Import or Manufacture for sale or for distribution of new in vitro diagnostic medical device MD 29- Permission to Import or Manufacture New In Vitro Diagnostic Medical Device A,B,C,D

    Rs.25000/-

     
    20 MD 39- Application for grant of registration to Medical Device Testing Laboratory for carry out Test or Evaluation of a medical device on behalf of manufacturer MD 40- Certificate of registration to Medical Device Testing Laboratory for carry out Test or Evaluation of a medical device on behalf of manufacturer NA

    Rs.20000/-

     
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    APPROVED MEDICAL DEVICES – Devices with Predicate

    Import of Approved Medical Devices

    Authorized Agent/Registration Holding Services

    In India, An Overseas Manufacturer cannot submit an application for registration as applicants. Appointing an Indian Entity as authorised agent or license holder is mandatory in order to submit an application for registration of imported Medical Devices

    NKG holds a valid stock and sale license (Form 20B and 21B) to assist foreign manufacturers to import their medical devices in India in less time and without any hassle.

    NKG understands the needs of global brand owners and offers bespoke services to such Brand Owners or manufacturers. NKG can be nominated by overseas companies to act as its Authorised Agent in India. 

     

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    Services for Grant of Permission for Import License (Form MD-14, Form MD-15)

    Medical Devices which are imported need to be registered under the Medical Device Rules 2017. An application for Import License in MD 14 needs to be submitted to CDSCO by an authorised agent who has been appointed by a Power of Attorney.

    The Appointed  agent must have a license for stock and sale in Form 20 B & 21 B for sale and distribution issued under Medical Device Rules  2017, before applying for an application for import license on behalf of the overseas manufacturer.

    NKG experts help to understand the categorisation so that we can ascertain the correct fee structure applicable for the grant of approval.

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    Services for Grant of Permission for test license to import Medical Device (Form MD-16, Form MD-17)

    In case an Importer or manufacturer of a medical device intends to import small quantities of a medical device for the purpose of training or demonstration or clinical investigations or for the purpose of testing , an application in Form MD 16 for Test License to import such products can be submitted to CDSCO under the new Medical Device Rules 2017.

    The technical team at NKG ABC guides applicants, through this process and will helps them in obtaining the respective test license for medical device imports for the above mentioned purposes.

     

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    APPROVED MEDICAL DEVICES – Devices with Predicate

    Manufacturing of Approved Medical Devices

    New Medical Devices Rules and regulations covers Manufacturing of Medical devices and In vitro diagnostic device. SUGAM ,a online platform, Made by Central Drugs Standard Control Organisation has been created to allow manufacturers to submit applications online.

    Manufacturers who wish to manufacture Products in Class A and B need to submit a Online application on SUGAM Portal and the approval for the same will be granted by State Licensing Authority whereas Manufacturers who wish to manufacture products in Class C and D need to submit a Online application on SUGAM and the approval shall be granted by CDSCO. 

    PERMISSION TO MANUFACTURE OR PERMISSION FOR LOAN LICENSE TO MANUFACTURE CLASS A & B MEDICAL DEVICE IN INDIA

    Medical Devices which are manufactured need to be registered under the Medical Device Rules 2017. Under these rules, An application for seeking manufacturing permission must be submitted based on the risk class of the medical device to concerned authority. 

    In case of Class A & Class B medical devices , a manufacturer needs to apply for a permission or manufacturing license to the State Licensing Authority of the state where the manufacturing premises exist.

    In Case a manufacturer wishes to apply for a Loan License to manufacture Class A & Class B medical devices, the manufacturer will need to submit an application for seeking permission to the State Licensing Authority of the state where the manufacturing premises exist.

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    PERMISSION TO MANUFACTURE OR PERMISSION FOR LOAN LICENSE TO MANUFACTURE FOR SALE AND DISTRIBUTION CLASS C & CLASS D MEDICAL DEVICE IN INDIA

    Medical Devices which are manufactured need to be registered under the Medical Device Rules 2017. Under these rules, An application for seeking manufacturing permission must be submitted based on the risk class of the medical device to concerned authority. 

    In case of Class C & Class D medical devices , a manufacturer needs to apply for a permission or manufacturing license to the Central Licensing Authority i.e. CDSCO.

    In Case a manufacturer wishes to apply for a Loan License to manufacture Class C & Class D medical devices, the manufacturer will need to submit an application for seeking permission to the Central Licensing Authority i.e. CDSCO.

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    PERMISSIONS FOR TEST LICENSE TO MANUFACTURE MEDICAL DEVICE IN FORM 12

    In case the manufacturer of a medical device intends to Manufacture small quantities of a medical device for the purpose of training or demonstration or clinical investigations or for the purpose of testing , an application for Test License to manufacture such products can be submitted to CDSCO under the new Medical Device Rules 2017.

    The new Medical Device Rules 2017 require the manufacturer to obtain a test license by applying for it using Form MD-12. Further, the test license for manufacturing medical devices for above mentioned purposes will be granted as permission through Form-13.

    The technical team at NKG ABC guides applicants, through this process and will helps them in obtaining the respective test license for medical device imports for the above mentioned purposes.

     

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    NEW MEDICAL DEVICE – DEVICES WITHOUT PREDICATE

    IMPORT – MANUFACTURE OF NEW MEDICAL DEVICE

    New Medical Devices are those products whose Predicate or similar product is not yet approved by the Indian Regulatory Body Namely- CDSCO.

    As per the New Medical Devices Rules and Regulations, a Clinical Investigation has to be administered to assess the safety and efficacy of the Proposed medical Devices.

    Once the safety and Efficacy of the Device is proved to be Safe for Indian population , an application for Import or Manufacture of this Medical Device has to be filled with the CDSCO on Online Portal SUGAM.

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    INVESTIGATIONAL MEDICAL DEVICE

    IMPORT – MANUFACTURE OF INVESTIGATIONAL MEDICAL DEVICE

    Research is an ongoing subject and Science is never stagnant. Newer Medical Devices are being researched and developed worldwide to be Launched for better health of global consumers.

    In cases where a medical device is being developed and never been approved by any regulatory authority in the world, the medical device or pharmaceutical companies working on developing such medical devices need to conduct various tests and investigate the possible outcomes of such tests.

    Therefore, in order to Check the Safety ,Efficacy & Performance of such Devices , Medical device companies need to seek prior permission from CDSCO to conduct Clinical investigation of such investigational medical devices. This is long and critically important process, NKG experts make the process simpler.

     

     

     

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