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Aimed & Regulatory Update

Health Ministry To Relax ISO Compliance Norms For Medical Devices To Register With CDSCO

In a relief to the medical devices industry, especially the micro, Small and Medium Scale Enterprises (MSME), the Union ministry of health and family welfare is planning to relax the norms related to registration of medical devices with the regulator by allowing more time to comply with the ISO 13485 certification, which is a prerequisite to get the registration.

This comes at a time when the majority of the medical devices manufacturers complained that they could not get the registration done within September 30, when the timeline for voluntary registration ended, due to difficulties in getting the ISO certification amidst Covid-19 pandemic and related disruption.

A draft amendment rules notified by the Ministry, proposed insertion of a proviso and explanation, under the Rule 19 B, in subrule (2), in item (iii), where in the Rules, it is stated that the certificate of compliance in respect to ISO 13485 standard accredited by National Accreditation Board for Certification Bodies or International Accreditation Forum in respect of the medical devices, has to be uploaded for registration on the online system for medical devices, established by the Central Drugs Standard Control Organisation (CDSCO).

The draft amendment rule adds a provision that in case the applicant submits, on or before November 30, 2021, an undertaking that applicant shall obtain the ISO 13485 certificate on or before May 31, 2022, in lieu of certificate of compliance, a provisional registration number shall be generated. This will remain valid up to May 31, 2022 or the date on which the applicant obtained such ISO certificate whichever is earlier. The generated provisional registration number shall be valid for all purposes.

The draft further explains, “For the removal of doubt, it is hereby declared that in case of such ISO 13485 certificate not obtained before May 31, 2022 as per undertaking referred in the Proviso by the applicant the provisional registration shall be deemed to have been cancelled for all purposes without any notice.”

Further, under the Rule 19 C, instead of the condition that the company “shall mention the registration number” on the label of the medical device. This has been amended by substituting it with the condition that the manufacturer may, if so desired, mention the registration number or provisional registration number, as the
case may be, for a period of up to May 31, 2022. After this date, it shall be mandatory for all registration holders to mention the registration number on the label.

The draft rule also amended the Rule 19D sub rule (2) item (iii), related to the registration of medical devices by importers, adding a proviso and explanation to the effect that the importer can also submit an undertaking on or before November 30, 2021, that the company shall obtain the ISO 13485 certificate on or before May 31, 2022, in lieu of certificate of compliance. A provisional registration number shall be generated which will remain valid up to May 31, 2022, or the date on which the applicant obtained such ISO certificate, whichever is earlier. The provisional registration number shall be valid for all purposes.

It has also declared that in case the ISO certificate is not obtained before May 31, 2022, as per undertaking, the provisional registration shall be deemed to be cancelled for all purposes without any notice. Here also, the relaxation has been extended to the mentioning of registration numbers on the label.

Rajiv Nath, forum coordinator, Association of Indian Medical Device Industry (AiMeD) said that this a partial reprieve as the small and medium entrepreneurs were extremely nervous regarding the registration norms. He also requested the Centre to reschedule the last date of manufacturing licence of implants and certain medical electronics from October 18, 2021 to October 2023, while those ready can get the licence earlier.


He earlier said that almost 90 per cent of the medical devices manufacturers are probably not registered with the CDSCO due to issues including the lack of ISO 13485 certification owing to the Covid-19 related delays; issue of unauthenticated certification; inability to comply with ISO 13485 requirements or because the manufacturer does not understand them; and technical glitches while attempting to register on the portal.

According to the ministry of health and family welfare’s notification on February 11, 2020, the medical devices were under voluntary registration scheme from April 1, 2020 till end of September, 2021. From October 1, 2021, Class A & B Medical Devices will be under compulsory registration scheme up to September, 2022 and Class C&D medical devices will be under compulsory registration scheme up to September 2023. After the compulsory registration period, these classes will respectively move to the licensing regime.

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CDSCO To Enhance Testing Capacity For Medical Devices

Gireesh Babu, New Delhi
Thursday, October 21, 2021, 08:00 Hrs [IST]

The Drugs Controller General of India (DCGI) is in the process of enhancing capacity for testing medical devices in the country in tandem with its efforts to bring all the medical devices under the regulatory regime. This also comes in line with the demand of the medical devices industry to increase the testing laboratories so that the regulatory compliance will be hastened. DCGI Dr V G Somani in a notice issued lately said that in order to enhance the testing capacity of medical devices in the country, identification, registration and empanelment of government and private testing laboratories for medical device testing is under consideration as per medical devices Rules, 2017.

The laboratories which have capacity for testing of medical devices and are NABL accredited and interested in the process area to intimate the same to the CDSCO in its email ID, along with details of categories of such medical devices and capacities and capabilities of testing to CDSCO for initiating further examination and communication, added the official.

According to the CDSCO, till August 27, there are 16 medical devices testing laboratories registered with the Organisation in accordance with the provisions of Medical Devices Rules, 2017, to carry out test or evaluation of a medical device on behalf of the manufacturer. The Medical Devices Rules, 2017, to regulate the manufacture, import, sale and distribution of the medical devices came into effect from January 1, 2018.

The industry has earlier sought provision of testing facilities in India to enable manufacturers to demonstrate compliance to regulations under Medical Devices Rules, 2017.

This work needs to be coordinated on a war footing by the ministry of health and family welfare, Department of Pharmaceuticals (DoP) and CDSCO if the deadlines set at August 2022 for Class A&B and August 2023 for Class C&D for initiation of licensing regime to be met, said Association of Indian Medical Device Industry (AiMeD).

“This has been missing so far. We are not even ready for the October 18th deadline for the eight categories,” said Rajiv Nath, forum coordinator, AiMeD.

According to the ministry of health and family welfare’s notification on February 11, 2020, the medical devices were under voluntary registration scheme from April 1, 2020 till end of September, 2021. From October 1, 2021, Class A&B Medical Devices will be under compulsory registration scheme up to September, 2022 and Class C&D medical devices will be under compulsory registration scheme up to September 2023. After the compulsory registration period, these classes will respectively move to the licensing regime.

The Ministry, however, has relaxed certain requirements in compliance following the request from the industry. For instance, in a relief to the medical devices industry, especially the micro, small and medium scale (MSME) enterprises, the ministry of health and family welfare is planning to relax the norms related to registration of medical devices with the regulator by allowing more time to comply with the ISO 13485 certification, which a prerequisite to get the registration.

In a relief to the medical devices industry, especially the micro, small and medium scale enterprises, the ministry of health and family welfare is planning to relax the norms related to registration of medical devices with the regulator by allowing more time to comply with the ISO 13485 certification, which a prerequisite to get the registration. A similar relaxation was also announced for medical devices that are imported, through the same amendment.

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