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Regulation

Medical Device Industry Regulation in Asian Countries: An Overview

Korea

Singapore

South Korea’s move toward device regulation started with the Medical Devices Act (MDA), which was developed in 2003 and went into effect May 30, 2004. However, it is still in a transition period—full enforcement of the MDA begins May 30, 2007. The MDA provides for the independent regulation and safety management of medical devices and aims to harmonize Korea’s medical device regulations with international standards.

Medical Devices in Korea is regulated by Korea Food & Drug Administration (KFDA), the national regulatory authority. All devices required to obtain KFDA product license or product approval. KFDA only issues product licenses to local firms; foreign firms must submit documentation and receive approval through a Korean importer. Korean importers must maintain qualification certifications (“Certifications of Compliance to Quality Management System (QMS) for Imported Devices”) issued by a KFDAauthorized entity.

Also, Korea does not allow devices into the country that have not been approved in their country of manufacture. A Certificate to Foreign Government or Free Sale Certificate is an integral part of a foreign product’s application.

Devices are divided into four classes, Class I being lowest risk and Class IV being highest risk. There is a strict system of over 1,000 classifications dividing devices up into those four classes, although there are plans to expand the number of classifications to a new total of about 2000 more-detailed classifications.Review of applications for product licenses must be completed in 55 days.

There are three processes required to get a device registered in Korea: a product license; Korean Good Manufacturing Practice (KGMP) certification; and a Device Business License. Of these, the KGMP certification must be renewed every three years. The other two are valid permanently, although changes may require re-registration. Once these three licenses have been obtained it is finally legal to market a medical device in Korea. Beyond regulatory permission, there are other important processes as well, such as obtaining reimbursement from Korea’s national health insurance system, as well as post-market surveillance requirements.

The two main requirements for a product license are a technical file and type testing.

Device Business License is similar to the US Certificate of Device Establishment, can be obtained by submitting one Product License and other information on the company (facilities, business registration, and health certificate for its representative). It does not expire. Of course, an importer will typically have such a license already for other products.
A company applies for KGMP certification by way of a third-party inspection organization. This organization does not do the entire inspection, but assists the KFDA inspectors in much of their work. The process takes about one month from application, and costs about $1,000, depending on the size of the company. The certificate is valid for 3 years. In the case of foreign manufacturers without an office in Korea, only the importer undergoes inspection, but it needs documentation from foreign manufacturers to demonstrate its compliance. Some token manufacturing or importing must be done to produce a paper trail demonstrating compliance, even if the device cannot be sold yet.

Device Regulatory Environment

Medical devices do not have to be registered in Singapore, except for contact lens products, radiation-emitting devices, and condoms, which come under statutory control through provisions of the Contact Lens Practitioners Act, the Radiation Protection Act, and the Medicine Act, respectively. The Health Sciences Authority (HSA) is the regulatory authority, and the Center for Medical Device Regulation (CMDR) is responsible for regulating medical devices in Singapore.

The Voluntary Product Registration Scheme, launched in 2002, encourages local authorized representatives of medical device companies to register their products with CMDR. The project targets medium- and high-risk medical devices in Classes IIa, IIb, and III, and IVDs in List A, List B, and self-testing categories.

The voluntary registration constitutes a premarket application made to HSA before the device is placed on the Singapore market. Evidence of the safety and effectiveness of any Class IIa, IIb, or III device or List A, B, or self-test IVD should be submitted to HSA.

The Singapore Medical Device Register is a database of medical devices that are imported into or exported from Singapore. Manufacturers should submit information on the quality, safety, and efficacy of their devices (though listing in the register is voluntary).

CMDR first reviews the submitted information using standards that satisfy the regulatory requirements of developed countries in making its premarket assessment. The objective is for hospitals and clinics to use the register to purchase listed devices that meet those regulatory standards. CMDR will also use its database to monitor the postmarketing activities of medical device companies.

CMDR and HSA have developed the Medical Device Information & Communication (MEDICS@HSA) system. MEDICS is a Web-based system that provides an electronic environment for interaction between medical device establishments and the regulatory authority. Currently, users can access several key documents through MEDICS, including the establishment license application, the market clearance application for higher-risk devices, the notification of export-only unregistered medical devices, and more. More information is available at www.hsa.gov.sg.

(Abstracted from the articles Medical Device Regulatory Update: The Asian Market & Regulatory Updates for Medical Devices in Asia, Presented at the MD&M East Conference in June 2005, By Ames Gross, President, Pacific Bridge Medical).

 

 

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