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Aimed & Regulatory Update

BIS Notifies New Standard For Active Implantable Medical Devices For Hearing Impairment

The Bureau of Indian Standards (BIS) has notified establishment of the revised ISO standard for active implantable medical devices part 7 particular requirements for cochlear and auditory brainstem implant systems from the date of December 27, 2021.

According to the notification, the IS 7750 (Part 7) : 2021/ISO 14708-7 : 2019 has been established as standard for Implants for Surgery - Active Implantable Medical Devices Part 7 Particular Requirements for Cochlear and Auditory Brainstem Implant Systems (First Revision), from December 27, 2021.

The IS/ISO 14708-7 established in 2013, for the same would remain valid for one more year, but will be withdrawn on December 26, 2022, one year from the establishment of the new ISO standard, according to a notification issued by BIS, under the Department of Consumer Affairs.

It may be noted that the international standard setting organisation ISO has published the revised version of the 2013 standards in December 2019 and withdrew the former earlier. The 2019 document specifies requirements that are applicable to those active implantable medical devices that are intended to treat hearing impairment through electric stimulation of the auditory pathways.

“Devices which treat hearing impairment via means other than electrical stimulation are not covered in this document,” says the ISO website. However, it is applicable to non-implantable parts and accessories of the devices. It also specifies the tests to be carried out on samples of a device to show compliance.

“A device that is commonly referred to as an active implantable medical device can in fact be a single device, a combination of devices, or a combination of a device or devices and one or more accessories. Not all of these parts are required to be either partially or totally implantable, this document specifies those requirements of non-implantable parts and accessories which could affect the safety or performance of the implantable part,” added the ISO specification of the standard.

Copies of the IS 17750 (Part 7): 2021/ISO 14708 - 7: 2019 standards are available for sale with the BIS head office in New Delhi, regional offices in Kolkata, Chandigarh, Chennai, and Mumbai and across its 22 branch offices in the country, said the notification.

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DoP Revises List Of Medical Devices For Which No Local Manufacturers Are Available

The Department of Pharmaceuticals (DoP) has revised the list of medical devices for which the government and public sector procurers could not identify domestic manufacturers for public procurement orders (PPO) from the previous 493 to 391 now. This comes at a time when the Department of Expenditure (DoE) has exempted a list of 128 medical devices from its mandate that PPO for orders below Rs. 200 crore should not invite global tenders and purchase from local manufacturers, in January.

The DoP, in a public notice issued on February 1, stated that following its earlier notice in December, 2021, seeking information on local manufacturers for 493 Class I and Class II medical devices for which the procurement agencies could not identify local players, has received 63 representations and responses from various stakeholders including industry associations, individual companies and the Department of Health and Family Welfare (DoHFW), among others. The list of 493 devices includes 128 devices in List I and another 365 in List II.

Keeping in view of the inputs from these representations, the DoP has now issued a consolidated list of 391 medical devices or equipment for which there are no local manufacturers available.

Subsequent to the DoHFW's proposal to the DoE to exempt the initial list of 128 medical devices, the DoP has received a list of local manufacturers for some of these medical devices, which are also exempted by the DoE in its Official Memorandum on January 6, 2022. Following this, the List I has been reduced to 108 from 128. Similarly, the List-2 has been reduced t4o 283 from the erstwhile 365, it added.

"Therefore, the consolidated list of 391 medical devices/equipment is published to seek specific comments from the industry/medical devices associations, with regard to nonavailability of Class-I or Class-II suppliers for identified medical devices/equipment," added the public notice issued. The comments have to be provided by not later than 6 pm on February 7, 2022.

Meanwhile, the DoE has issued the Official Memorandum on January 6, exempting the list of 128 medical devices/equipment items from seeking approval for floating Global Tender Enquiry (GTE) till March 31, 2023, following the MoHFW's reference. The MoHFW is also requested to review domestic availability of these items at the end of 2022, keeping in view the production linked incentive (PCI) scheme etc., launched by the DoP in medical devices and other relevant factors, in consultation with that Department.

According to the DoE's instruction on May 15, 2020 and May 28, 2020, no GTE shall be invited for tenders upto Rs. 200 crore or such limit prescribed by the DoE from time to time. In exceptional cases, where the Ministry feels that there are special reasons for GTE, it may record detailed justification and seek prior approval for relaxation to the rule.

The search for local manufacturers for the list of medical devices started following the Department of Industry and Internal Trade (DPIIT) issued the Public Procurement (Preference to Make in India) Order, 2017, and DoP guidelines on February 16, 2021, mandating local procurement of goods and services in medical devices.

The Department requested the industry associations to submit the data available with them regarding the manufacturers of these medical devices from their members. Also, recognising that the manufacturers of the identified medical devices may be spread across the country and may not be member of any manufacturers Association and also to give a reasonable opportunity.

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