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Aimed & Regulatory Update

AiMeD & BCIL Seek Regulatory Framework On Medical Devices

New Delhi, Oct 5 (IANS) A joint conference was organised in New Delhi on Saturday by Association of Indian Medical Device Industry (AiMeD) and Biotech Consortium India Limited (BCIL) supported by Department of Pharmaceuticals (DoP) on comprehensive regulation of medical devices.

The discussion highlighted the current state of the beleaguered domestic industry of Indian medical devices. The private sector urged the government to expedite steps to end the 80-90 per cent import dependence forced on the industry, which results into an import bill of over Rs 38,837 Crore.

"Expedite steps for patients'' protection, stronger quality & safety regulations, price control, to make medical devices and quality treatment accessible and affordable and ethical indigenous manufacturing viable", said a statement.

Dr. Vinod Paul, Member, NITI Aayog, emphasized on the need for integrated efforts to promote innovations and development of indigenous medical devices for having a vibrant domestic medical devices industry.

He assured full support of NITI Aayog to ensure that the intent of domestic industry to provide access to safe, effective and quality medical devices to the patients is incorporated in government policies.

Gurmit Chugh, Joint Coordinator (AiMeD) said that the manufacturers have been confused with informally choosing of products and notifying them as drugs.

"They seek a comprehensive regulatory framework that allows for adequate transition and is predictable. Only then will investments speed up as they get discouraged to be regulated as Drugs," said Chugh. GST on medical devices is in favour of imports and is detrimental to Make in India, he added.

"MSME sector has been worst hit with huge job losses...MSME dominated medical domestic manufacturing which took a hit post GST as imports became 11 per cent cheaper. Imports of medical devices are up by record 24 per cent, from 31,386 crore in 2017-2018 to 38,837 crore in 2018-2019", said the private sector statement.

The private sector sought a pro-active policy formulation to regulate medical devices differently than drugs, as it will lead to free market dynamics and keep regulations simple, consumer friendly and incentivise ''Make in India''.

"The Indian Medical Device Industry is very hopeful that right from trade margin rationalization to ensuring a separate set of legislation and regulatory framework to govern the medical device sector and everything in between will be looked afresh and hastened up by Modi Government to galvanise the domestic medical device manufacturing sector." said Rajiv Nath, Forum Coordinator, AiMeD.

https://www.outlookindia.com/newsscroll/aimed-amp-bcil-seekregulatory-framework-on-medical-devices/1634729


Govt Issues Draft Notification To Bring All Medical Devices Under Single Regulatory Framework

The union health ministry has come out with the draft notification, making it mandatory for all the devices to get certified by the Central Drugs Standard Control organisation, India’s drug regulatory authority.

According to the draft notification, while certification by the regulatory authority will be on voluntary basis up to 18 months from date of notification, thereafter it will be made mandatory.

To ensure that all imported as well locally made medical devices meet certain quality standards, the health ministry has proposed to regulate all such equipment used on human beings or animals. The union health ministry has come out with the draft notification, making it mandatory for all the devices to get certified by the Central Drugs Standard Control organisation (CDSCO), India’s drug regulatory authority.

According to the draft notification dated Oct 18, "In pursuance of sub-clause (iv) of clause (b) of section 3 of the Drugs and Cosmetics Act, 1940, the Central Government, after consultation with the Drugs Technical Advisory Board, hereby specifies the following devices intended for use in human beings or animals as drugs with effect from the 1st day of December, 2019," the draft notification reads.

According to the draft notification, while certification by the regulatory authority will be on voluntary basis up to 18 months from date of notification, thereafter it will be made mandatory.

The country's top advisory body on drugs, the Drugs Technical Advisory Board (DTAB), had in April recommended that all medical devices should be notified as drugs under the existing Drugs and Cosmetics Act.

ET had first reported about the government’s agenda to bring medical devices under regulation. The government decided to update its review process in the wake of recent case of Johnson & Johnson (J&J) hip implants which left many people permanently disabled due to the faulty device.

As part of the draft notification, “all devices, including instruments, apparatus, appliances and implants, whether used alone or in combination for various purposes like diagnosis, prevention, monitoring, treatment, alleviation of any disease, investigation, replacement or modification or support of the anatomy among others”, will be regulated under the legislation. Such medical devices also include those which are used for the purpose of supporting or sustaining life, disinfection of medical devices.

Rajiv Nath, Forum Coordinator, AiMeD “What’s missing in covering note is assured road map to a separate medical devices law with a defined transition period and in a phased manner, in addition to the voluntary registration as a temporary measure under the current Drugs Act”.

The stakeholders have been given a month to respond to the draft notification.

The manufacturers, importers will have to upload information about their devices on the “Online System for Medical Devices” established by CDSCO for this purpose. Once the information is uploaded a registration number will be generated which the manufacturers will have to put on the label of the medical device. The manufacturers will also have to have certificate of compliance with respect to ISO 13485 standard accredited by National Accreditation Board for Certification Bodies or International Accreditation Forum in respect of their medical device.

The importers will also have to also obtain free sale certificate from country of origin before they enter the Indian market.

Once notification comes into effect, the Central Drugs Standard Control organisation (CDSCO) will be the nodal authority to investigate quality, safety related failure, complaints and can suspend the registration based on the outcome of investigation. Currently there is no mechanism for reporting the malfunctioning
of non-notified medical devices.

Once notified, there will be an effective product recall system, inspection of manufacturing sites by CDSCO.

(Ref : The Economic Times , Octo.18, 2019)

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