[ ADMINISTRATIVE ORDER NO. 2018-0002, January 31, 2018 ]
GUIDELINES GOVERNING THE ISSUANCE OF AN AUTHORIZATION FOR A MEDICAL DEVICE BASED ON THE ASEAN HARMONIZED TECHNICAL REQUIREMENTS
Adopted: 26 January 2018
Date Filed: 31 January 2018
I. RATIONALE
The fast evolution of medical technology and the essential role of medical devices in the health care delivery system have highlighted the importance of ensuring the safety and effectiveness of these devices through regulation while facilitating trade among the ten member states of the Association of Southeast Asian Nations (ASEAN). Structured and regionally accepted technical requirements were developed through the ASEAN Consultative Committee on Standards and Quality - Medical Device Product Working Group (ACCSQ- MDPWG).
The development of the common submission dossier template (CSDT) was a
combined effort of the ASEAN member states taking into consideration the global technical requirements developed by the Global Harmonization Task Force. The CSDT is a set of technical requirements for the registration of the medical device products agreed upon by the ten ASEAN member countries. The Philippines is committed to align its regulatory guidelines with this set of technical requirements, thus the issuance of this Administrative Order.
Pursuant to Republic Act No. 9711, the Food and Drug Administration (FDA) Act of 2009 and its implementing Rules and Regulations (IRR), this Administrative Order (A0) is being issued to govern the new sets of documentary requirements for the registration of medical device products.
II. OBJECTIVE
This Order aims to provide guidelines on the documentary requirements for the registration of medical devices and to align the registration requirements to the CSDT based on the provisions ofthe ASEAN Medical Device Directive.
III. SCOPE
The new documentary requirements shall apply to all medical devices to be sold, imported, exported, manufactured, and used in the Philippines, except in-vitro diagnostic and refurbished medical devices, for which separate Administrative Orders shall be issued.
IV. DEFINITION OF TERMS
For the purpose of this Administrative Order, the terms below shall be defined as follows:
1. Applicant - refers to any individual, partnership, corporation, association, and/or organization, either a manufacturer, trader, distributor/importer/ exporter applying for a CMDN, a CMDL, and/or a CMDR as defined below.
2. Authorization - refers to any certification issued to the applicant by CDRRHR showing the product has complied on documentary and technical requirements such as Notification and Registration with certificate.
3. Center for Device Regulation, Radiation Health and Research (CDRRHR) - refers to the regulatory office under the Food and Drug Administration (FDA) of the Department of Health (DOH) that is in charge of the regulation of medical devices in the Philippines.
4. Certificate of Medical Device Notification (CMDN) - refers to the authorization issued for a medical device that complies with all the requirements for Notification of a medical device. The CMDN is issued for medical devices that will fall under class A.
5. Certificate of Medical Device Registration (CMDR) - refers to the authorization issued for a medical device that complies with all the requirements for Registration of a medical device. The CMDR is issued for medical devices that fall under classes B, C, and D.
6. Certificate of Medical Device Listing (CMDL) -- refers to the authorization issued for a medical device that is intended for research, clinical trial, exhibit, donation, etc. and that is not intended for sale.
7. Common Submission Dossier Template (CSDT) - is a set of technical requirements agreed upon by the ten member countries of the ASEAN which shall govern the regulation of medical devices in the ASEAN.
8. Country of origin - refers to the country where the device is manufactured or where the device has been registered and/or has been issued a market approval prior to distribution in the Philippines.
9. Distributor/importer/exporter - means any medical device establishment that imports or exports raw materials, active ingredients and/or finished products for its own use or for wholesale distribution to other establishments or outlets.
10. Distributor/wholesaler - means any medical device establishment that procures raw materials, active ingredients and/or finished products from local establishments for local distribution on a wholesale basis.
11. In-Vitro Diagnostic Medical Device - refers to any reagent, reagent product, calibrator, control material, kit, instrument, apparatus, equipment or system whether used alone or in combination, intended by the manufacturer to be used in-vitro for the examination of specimens, including blood and tissue donation, derived from the human body solely or principally for the purpose of
a. providing information concerning a physiological or pathological state; or12. Legal Manufacturer -means any foreign medical device establishment with responsibility for the design, manufacture, packaging and labeling of a device before it is placed in the market under his own name, regardless of whether these operations are carried out by that person himself or on his behalf by a third party.
b. providing information concerning a congenital abnormality; or
c. determining the safety and compatibility with potential recipients; or
d. monitoring therapeutic measures.
13. License to Operate (LTO) - refers to the authorization issued by the FDA to a person or establishment to operate as a manufacturer, trader, distributor/importer/exporter/wholesaler of medical devices.
14. Manufacturer - refers to any medical device establishment engaged in any and all operations involved in the production of a medical device including preparation, processing, compounding, formulating, filling, packing, repacking, altering, ornamenting, finishing and labeling with the end in View of its storage, sale or distribution.
15. Medical Device - means any instrument, apparatus, implement, machine, appliance, implant, in vitro reagent and calibrator, software, material or other similar or related article:
- intended by the manufacturer/product owner to be used, alone or in combination, for human beings for one or more of the specific purpose(s) of
- diagnosis, prevention, monitoring, treatment or alleviation of disease;
- diagnosis, monitoring, treatment, alleviation of or compensation for an injury;
- investigation, replacement, modification, or support of the anatomy or of a physiological process;
- supporting or sustaining life;
- control of conception;
- disinfection of medical devices;- providing information for medical or diagnostic purposes by means of in vitro examination of specimens derived from the human body; and
- which does not achieve its primary intended action in or on the human body by pharmacological, immunological or metabolic means, but which may be assisted in its intended function by such means.
16. Medical Device System - is composed of different medical devices wherein each device is essential in the operation of the system.
17. Notification -- is the process of seeking authorization to manufacture, import, export, sell and/or distribute Class A medical devices in the Philippines.
18. Product Owner -in relation to a medical device, means any person who:
20. Registration - means the process of approval of an application to register medical device prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable, the use, testing, promotion, advertisement, and/or sponsorship of medical device products.
21. Trader - means any local establishment that is a registered product owner of a medical device, procures the raw materials and packing components, and provides the production monographs, quality control standards and procedures, but subcontracts the manufacture of such product to a licensed manufacturer. In addition, a trader may also engage in the distribution and/or marketing of its products.
1. The classification system of medical devices in this Administrative Order shall follow the classification system as agreed on by the ACCSQ-MDPWG which is rule based and according to the level of risk listed below:
A guidance document containing the list of medical devices per classification shall be issued. Reclassification of certain devices can be done when the level of risk of the device is changed by a certain incident in the manufacture, distribution or use of the device. This shall be done upon proper consultation with the advisory committee created by the Philippine FDA and/or the ASEAN for this purpose.
2. The applicant shall classify the device based on the list of medical devices per classification issued by the CDRRHR. If the product is not included in the list, the company shall classify the device based on the intended use and on the classification rules of the ASEAN Medical Device Directive. The CDRRHR shall verify the classification made by the applicant and shall reclassify the device if another classification is deemed to be more appropriate.
3. All medical devices under class A shall apply for notification of the medical device product, while all medical devices under classes B to D shall apply for registration of the medical device product.
4. The Notification Number or Registration Number shall be issued to the device with an approved CMDN or CMDR. The CMDN and the CMDR shall be valid for five (5) years and shall be renewed every five (5) years after the initial approval.
5. The distributor/local manufacturer of the device shall inform the CDRRHR in writing Within thirty (30) calendar days in case the distributor/local manufacturer has ceased the production or distribution of such device.
6. The list of all approved CMDRs and CMDNs shall be posted in the FDA website.
7. Medical devices strictly for research, clinical trial, exhibit, and/or donated brand new medical devices are exempted from Notification and Registration. However, the researcher, institution, and/ or user of such devices shall apply for a Certificate of Medical Device Listing.
8. The CDRRHR reserves the right to ask for any other requirements not indicated in this Order but deemed necessary to support the reliability and authenticity of the submitted documents and safety of the medical device product; or that may arise based on the submitted compliance documents.
9. Disapproved applications shall be returned to the applicant. In case the applicant does not claim the disapproved applications within 90 calendar days, the application documents shall be destroyed and discarded.
1. An application shall be made separately for each specific medical device. In case of the following conditions, only one application can be filed; however, separate certificates of product registration shall be issued:
17. Notification -- is the process of seeking authorization to manufacture, import, export, sell and/or distribute Class A medical devices in the Philippines.
18. Product Owner -in relation to a medical device, means any person who:
a. supplies the medical device under his own name, or under any trade mark, design, trade name or other name or mark owned or controlled by him; and19. Product Standards - refers to medical device standards set, formulated, developed, and/or established by any of the following:
b. is responsible for designing, manufacturing, assembling, processing, labelling, packaging, refurbishing or modifying the medical device, or for assigning to it a purpose, whether those tasks are performed by him or on his behalf.
a. Bureau of Product Standards (Philippine National Standard), b. International Organization for Standardization (ISO),19. Refurbished Medical Device - refers to a medical device that was previously owned and reconditioned for re-sale and meets the safety and performance parameters set by the manufacturer.
c. International Electrotechnical Commission (IEC),
d. Other International Standard Bodies recognized by the DOH, or
e. Any foreign standards that may be recognized by the DOH for the purpose of registration.
20. Registration - means the process of approval of an application to register medical device prior to engaging in the manufacture, importation, exportation, sale, offer for sale, distribution, transfer, and where applicable, the use, testing, promotion, advertisement, and/or sponsorship of medical device products.
21. Trader - means any local establishment that is a registered product owner of a medical device, procures the raw materials and packing components, and provides the production monographs, quality control standards and procedures, but subcontracts the manufacture of such product to a licensed manufacturer. In addition, a trader may also engage in the distribution and/or marketing of its products.
V. GENERAL GUIDELINES
1. The classification system of medical devices in this Administrative Order shall follow the classification system as agreed on by the ACCSQ-MDPWG which is rule based and according to the level of risk listed below:
Class |
Risk Level |
A |
Low |
B |
Low-Moderate |
C |
Moderate-High |
D |
High |
A guidance document containing the list of medical devices per classification shall be issued. Reclassification of certain devices can be done when the level of risk of the device is changed by a certain incident in the manufacture, distribution or use of the device. This shall be done upon proper consultation with the advisory committee created by the Philippine FDA and/or the ASEAN for this purpose.
2. The applicant shall classify the device based on the list of medical devices per classification issued by the CDRRHR. If the product is not included in the list, the company shall classify the device based on the intended use and on the classification rules of the ASEAN Medical Device Directive. The CDRRHR shall verify the classification made by the applicant and shall reclassify the device if another classification is deemed to be more appropriate.
3. All medical devices under class A shall apply for notification of the medical device product, while all medical devices under classes B to D shall apply for registration of the medical device product.
4. The Notification Number or Registration Number shall be issued to the device with an approved CMDN or CMDR. The CMDN and the CMDR shall be valid for five (5) years and shall be renewed every five (5) years after the initial approval.
5. The distributor/local manufacturer of the device shall inform the CDRRHR in writing Within thirty (30) calendar days in case the distributor/local manufacturer has ceased the production or distribution of such device.
6. The list of all approved CMDRs and CMDNs shall be posted in the FDA website.
7. Medical devices strictly for research, clinical trial, exhibit, and/or donated brand new medical devices are exempted from Notification and Registration. However, the researcher, institution, and/ or user of such devices shall apply for a Certificate of Medical Device Listing.
8. The CDRRHR reserves the right to ask for any other requirements not indicated in this Order but deemed necessary to support the reliability and authenticity of the submitted documents and safety of the medical device product; or that may arise based on the submitted compliance documents.
9. Disapproved applications shall be returned to the applicant. In case the applicant does not claim the disapproved applications within 90 calendar days, the application documents shall be destroyed and discarded.
VI. SPECIFIC GUIDELINES
1. An application shall be made separately for each specific medical device. In case of the following conditions, only one application can be filed; however, separate certificates of product registration shall be issued:
a. a medical device with accessories wherein the accessories are intended to be sold separately,
b. a medical device, owned by the same legal manufacturer, that is manufactured in different manufacturing plants and will be both distributed at the same time in the Philippine market,
c. a medical device system where the use of one part of the system is needed to be used together with all or any part of the system,
d. medical devices with the same intended use and the same manufacturing process but differ in one or more raw materials,
e. medical devices with the same intended use and the same manufacturing process but differ in the design,
f. medical devices with the same raw materials but differ in types or shapes resulting in different specific intended use.2. The registration fee for application meeting the abovementioned condition/s shall be equivalent to the total registration fee for all the individual products that will be registered.
VII. PROCEDURAL GUIDELINES
A. Initial
1. All applications with deficiencies shall be given a one-time compliance period of a maximum of ninety (90) calendar days. If the deficiencies were not complied during the compliance period, the application shall be considered disapproved. However, the applicant may opt to submit a re- application within sixty (60) calendar days after the disapproval. If no compliance is received within the set compliance period, the application shall be automatically considered disapproved.
2. Product labels of the medical devices with issued CMDR or CMDN shall have the following national labeling requirements prior to sale and distribution:
B. Renewal
1. The filing for the renewal of the certificates of registration or notification shall be accepted within ninety (90) calendar days prior to the expiry date of the CMDR or CMDN.
2. Applications for renewal of certificates of registration or notification filed after the validity date shall be fined with the corresponding penalty in accordance with the existing rules and regulations on fees and charges.
3. An application for renewal of CMDR filed after one hundred twenty (120) calendar days after its expiration shall not be accepted and shall be considered an initial application. The distribution and sale of that medical device shall automatically stop until such time that the certification of product registration have been approved. The applicant can opt, however, to request the retention of the product registration/notification number.
4. The application for renewal shall be evaluated within thirty (30) days upon filing of the application. All applications that do not comply with the technical requirements shall be notified through a letter and shall be given a one-time chance to correct the deficiencies within thirty (30) days.
5. The requirements for the renewal are attached as Annex F, Requirements for the Renewal of Notification/Registration of Medical Devices for all classifications.
C. Medical Device Listing
1. The filing of application for Medical Device Listing should be made prior to the importation of the medical devices.
2. The list of requirements for Medical Device Listing are attached as
Annex G, Requirements for the Application of Medical Device Listing.
The schedule of fees and charges shall follow DOH AO No. 50 s. 2001 and its amendments and revisions.
This A0 shall cover initially all registrable products listed in FDA Memorandum Circular No. 2014-005: Updated List of Medical Devices required to be registered prior to sale, distribution and use and its amendments; the Notification of all class A medical devices; and the Medical Device Listing. The CDRRHR shall release the list of medical devices per classification based on the classification set forth in the ASEAN Medical Device Directive.
The requirement of registration for all medical devices not indicated in the list of registrable medical devices shall be implemented in phases. The schedule of implementation shall be issued in separate memoranda. The phases are listed as follows:
The following are the grounds for disapproval, cancellation, revocation and/or non-renewal of a CMDN and a CMDR:
1. The manufacture, sale, offer for sale, or transfer of a medical device that does not meet all the requirements of safety and effectiveness;
2. Misrepresentation or concealment of significant data or information about the product sought to be registered;
3. Alteration, mutilation, destruction, obliteration, or removal of any part of a label
4. A medical device that has a biological, chemical or physical property that may cause an unacceptable health risk;
5. Submission of falsified document(s);
6. Alteration or falsification of an issued CMDN or CMDR.
The sanctions herein are in addition to the appropriate sanctions listed in the
FDA Act of 2009 and its Implementing Rules and Regulations.
The procedure for the filing of Motion for Reconsideration or Appeal shall be in accordance with the provisions stipulated in Republic Act 9711 and its Implementing Rules and Regulations.
Any officers and employees of CDRRHR shall not make public or use for their own personal gain any trade secret or proprietary information which they obtain or become familiar with during the course of their official duties. Any official who violates this provision shall be dealt with in accordance with the Code of Conduct for Public Officials.
If any portion or provision of this Order is declared invalid or unenforceable or unconstitutional, the validity or enforceability of the remaining portions or provisions shall not be affected, and this Order shall be construed as if it did not contain the particular invalid or enforceable or unconstitutional portion or provision.
FDA Memorandum Circular No. 2014-005, Updated List of Medical Devices required to be registered prior to sale distribution and use, and all other issuances inconsistent with the provision of this Order are hereby repealed or modified accordingly.
This AO shall take effect fifteen (15) days following the completion of its publication in two (2) newspapers of general circulation and filing of three (3) copies hereof to the University of the Philippines Office of the National Administrative Register (UP ONAR).
The implementation of the registration of medical devices following the new set of regulatory requirements shall be one (1) year after the effectivity of this Administrative Order.
The CDRRHR may allow the voluntary submission of applications using the new set of requirements earlier than the indicated implementation of this guidelines.
1. All applications with deficiencies shall be given a one-time compliance period of a maximum of ninety (90) calendar days. If the deficiencies were not complied during the compliance period, the application shall be considered disapproved. However, the applicant may opt to submit a re- application within sixty (60) calendar days after the disapproval. If no compliance is received within the set compliance period, the application shall be automatically considered disapproved.
2. Product labels of the medical devices with issued CMDR or CMDN shall have the following national labeling requirements prior to sale and distribution:
a. Name and address of the importer3. Documentary Requirements
b. Name and address of the distributor (if exclusive distributor)
c. CMDN number or CMDR number.
a. The list of requirements for the Notification of Class A medical devices & Registration of Classes B, C and D medical devices are as follows (attached as Annexes):
a.1 Annex A - Legal Requirements for Application for the Notification of Medical Devices under Class A and Registration of Medical Devices under Classes B, C and D
a.2 Annex B - Technical Requirements for Application for the Notification of Medical Devices under Class A
a.3 Annex C - Technical Requirements for the Initial Registration of Medical Devices under Class B in Accordance with the CSDT Template a.4 Annex D - Technical Requirements for the Initial Registration of Medical Devices under Class C in Accordance with the CSDT Template a.5 Annex E - Technical Requirements for the Initial Registration of Medical Devices under Class D in Accordance with the CSDT Template
b. The CDRRH reserves the right to ask for additional documents not indicated in this Order that may arise based on the submitted compliance documents4. The application shall be evaluated within one hundred eighty (180) days upon filing of the applications. All applications that do not comply with the technical requirements shall be notified through a letter and shall be given a one-time chance to correct the deficiencies within ninety (90) days. If the applicant still fails to comply with the requirements, he/she will be given a chance to re-apply, with a corresponding fee, and to submit the complete compliance documents within sixty(60)days. Failure to comply with the required documentation within the given period shall be a ground for disapproval of the application.
B. Renewal
1. The filing for the renewal of the certificates of registration or notification shall be accepted within ninety (90) calendar days prior to the expiry date of the CMDR or CMDN.
2. Applications for renewal of certificates of registration or notification filed after the validity date shall be fined with the corresponding penalty in accordance with the existing rules and regulations on fees and charges.
3. An application for renewal of CMDR filed after one hundred twenty (120) calendar days after its expiration shall not be accepted and shall be considered an initial application. The distribution and sale of that medical device shall automatically stop until such time that the certification of product registration have been approved. The applicant can opt, however, to request the retention of the product registration/notification number.
4. The application for renewal shall be evaluated within thirty (30) days upon filing of the application. All applications that do not comply with the technical requirements shall be notified through a letter and shall be given a one-time chance to correct the deficiencies within thirty (30) days.
5. The requirements for the renewal are attached as Annex F, Requirements for the Renewal of Notification/Registration of Medical Devices for all classifications.
C. Medical Device Listing
1. The filing of application for Medical Device Listing should be made prior to the importation of the medical devices.
2. The list of requirements for Medical Device Listing are attached as
Annex G, Requirements for the Application of Medical Device Listing.
VIII. FEES AND CHARGES
The schedule of fees and charges shall follow DOH AO No. 50 s. 2001 and its amendments and revisions.
IX. PHASES OF IMPLEMENTATION
This A0 shall cover initially all registrable products listed in FDA Memorandum Circular No. 2014-005: Updated List of Medical Devices required to be registered prior to sale, distribution and use and its amendments; the Notification of all class A medical devices; and the Medical Device Listing. The CDRRHR shall release the list of medical devices per classification based on the classification set forth in the ASEAN Medical Device Directive.
The requirement of registration for all medical devices not indicated in the list of registrable medical devices shall be implemented in phases. The schedule of implementation shall be issued in separate memoranda. The phases are listed as follows:
Phase1: Notification of Class B, C and D that are non-registrable medical devices based on FDA Memorandum Circular No. 2014-005.
Phase 2: Registration of Class D (Notification of Class D shall cease during this phase)
Phase 3: Registration of Class B and Class C (Notification of classes B
and C shall cease during this phase)
X. SANCTIONS
The following are the grounds for disapproval, cancellation, revocation and/or non-renewal of a CMDN and a CMDR:
1. The manufacture, sale, offer for sale, or transfer of a medical device that does not meet all the requirements of safety and effectiveness;
2. Misrepresentation or concealment of significant data or information about the product sought to be registered;
3. Alteration, mutilation, destruction, obliteration, or removal of any part of a label
4. A medical device that has a biological, chemical or physical property that may cause an unacceptable health risk;
5. Submission of falsified document(s);
6. Alteration or falsification of an issued CMDN or CMDR.
The sanctions herein are in addition to the appropriate sanctions listed in the
FDA Act of 2009 and its Implementing Rules and Regulations.
XI. MOTION FOR RECONSIDERATION/APPEAL
The procedure for the filing of Motion for Reconsideration or Appeal shall be in accordance with the provisions stipulated in Republic Act 9711 and its Implementing Rules and Regulations.
XII. CONFIDENTIALITY OF INFORMATION
Any officers and employees of CDRRHR shall not make public or use for their own personal gain any trade secret or proprietary information which they obtain or become familiar with during the course of their official duties. Any official who violates this provision shall be dealt with in accordance with the Code of Conduct for Public Officials.
XIII. SEPARABILITY CLAUSE
If any portion or provision of this Order is declared invalid or unenforceable or unconstitutional, the validity or enforceability of the remaining portions or provisions shall not be affected, and this Order shall be construed as if it did not contain the particular invalid or enforceable or unconstitutional portion or provision.
XIV. REPEALING CLAUSE
FDA Memorandum Circular No. 2014-005, Updated List of Medical Devices required to be registered prior to sale distribution and use, and all other issuances inconsistent with the provision of this Order are hereby repealed or modified accordingly.
XV. EFFECTIVITY
This AO shall take effect fifteen (15) days following the completion of its publication in two (2) newspapers of general circulation and filing of three (3) copies hereof to the University of the Philippines Office of the National Administrative Register (UP ONAR).
The implementation of the registration of medical devices following the new set of regulatory requirements shall be one (1) year after the effectivity of this Administrative Order.
The CDRRHR may allow the voluntary submission of applications using the new set of requirements earlier than the indicated implementation of this guidelines.
(SGD.) FRANCISCO T. DUQUE III, MD, MSc
Secretary of Health
Secretary of Health