introduction to medical device act 2012 (act 737) and medical device authority act 2012 (act 738)

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Introduction to Medical Device Act 2012 (Act 737) and Medical Device Authority Act 2012 (Act 738) by Medical Device Authority (MDA)

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  • Chief Executive

    Medical Device Authority

  • Global trend in Medical Devices

    Global trend demand for Medical Devices

    Estimated to about USD 290 billion 2009

    Estimated increase:- USD 300 billion -2011

    Estimated 10% increase annually

  • Malaysian Market

    Malaysia currently imports around 95% of the medical device for its consumption

    The medical devices industry in Malaysia is a highly diversified industry that produces a broad range of products and equipment ranging from medical gloves, implantable devices, orthopaedic devices and dialysers to diagnostic imaging equipment and minimal invasive surgical equipment and other devices which can be used for medical, surgical, dental, optical and general health purpose.

  • The Industry in Malaysia

    190 small to large players in the country

    (manufacturing, distribution, sales )

    Export revenues of RM 11.7 Billion in 2011

    Export CAGR of 10 % per annum from 2000 2011

    Dominated by MNCs and local latex glove manufacturers

    Source: AMMI

  • 9.4 2.3 2.3

    28%

    12%

    13%

    12%

    12%

    11% 5% 7%

    Reusable instruments

    Radiation devices

    Opthalmic

    Catheters, syringes, needles & sutures

    Contraceptives

    Electro mechanical MD Orthopedic implants

    Others

    Malaysia Exports of Medical Devices

    RM

    Billion

    RM

    Billion

    Gloves Medical Devices (Excluding Gloves)

    Source: Malaysia Statistics Department, MITI, MIDA, PEMANDU

    Total Exports in 2011: RM11.7 Billion

  • Consumables Surgical Instruments,

    Implants & Clinical Devices Healthcare Equipment

    Technology Latex

    Plastic Metal Machining Electronics Furniture

    Products

    Companies

    Supporting Infrastructure

    Sterilization Certification Packaging Biocompatibility And Clinical Trial

    Materials: Rubber, Plastics, Steel, Electronics, etc.

    Industry Group

    Education Training

    Regulatory

    Glove, Contraceptives,

    Catheters, woundcare,

    Orthalmology, IVD, SUD

    Pacemaker, Orthopedics,

    Surgical instrument

    Radiation equipment,

    Life Science Instrument,

    Electrodes, Hospital beds

    UKM, UM, USM, UKM,

    UniMap, PSDC,

    Medsociate,

    Neville Clarke

    Medical

    Device

    Act 2012

    Medical Device Industry Ecosystem in Malaysia

    Info

    Kinetics

  • World Health Organization guidance Governments need to put in place policies that will address all elements related to medical devices, ranging from access to high quality, affordable products, through to their safe and appropriate use and disposal.

    Policies will be unsuccessful unless they are translated into national regulations that are enforced by legislation and correlating sanctions, and that form an integral part of the overall national health system. Source: Medical device regulations: Global overview and guiding principles; World Health Organization, Geneva; 2003

    (At: http://www.who.int/medical_devices/publications/en/MD_Regulations.pdf )

  • Background

    Policy direction: Cabinet decision 2005

    Policy: Regulatory framework for the control of medical devices in Malaysia Based on & harmonized with global regulatory model Endorsed by WHO, in-line with WTO agreement Adopted by ASEAN member countries and major trading

    partners eg USA, Japan, Canada, EU and Australia

    Objectives of regulatory framework: To ensure availability, accessibility, safety and

    performance of medical devices for patient care and public health

    To facilitate trade and reduce technical barrier to trade To encourage innovations for economic growth

  • United States

    Peru

    Canada

    Chile

    Argentina Uruguay

    Brazil

    Colombia

    Venezuela

    South Africa

    China

    Thailand

    Malaysia

    Australia

    New Zealand

    Taiwan

    South Korea

    Japan

    Israel

    Slovenia

    Slovakia

    EU

    *29 Members

    Turkey

    Hong Kong

    Philippines

    Indonesia

    Countries that currently regulate, or are in the process of developing

    regulations for, medical devices

    Cuba

    GHTF Founding Member

    India

  • Laws/regulations Regulatory authority

    New Zealand

    Medicines Act 1981

    Medicines (Database of Medical Devices) Regulations 2003

    Medicines & Medical Devices Safety Authority

    China The Regulation on Supervision & Administration of Medical Devices

    State Drug Administration

    State Admin for Technical & Quality Supervision

    State Admin for Entry/Exit Inspection & Quaratine

    Thailand Medical Device Act 1988

    Ministerial Regulations 1 7

    Medical Device Control Division, Thai FDA

    Philippines Law governing medical devices is being drafted Bureau of Health Devices & Technology, Dept of Health

    Singapore Health Products Act

    Medical Devices Regulations

    Center for Medical Device Regulation, HSA

    Indonesia Health Law No 23 1992 Directorate of Medical Device Production & Distribution MoH

    Regulations in Other Countries - Laws & authorities for medical devices

    Regulatory status in various countries

  • Regulations in Other Countries - Laws & authorities for medical devices

    Laws/regulations Regulatory authority

    US Safety Medical Devices Act

    Medical Devices User Fee & Modernization Act

    Code of Federal Register Part 800 900

    Center for Devices & Radiological Health, FDA

    UK Medical Devices Regulation 2002 under Consumer Protection Act 1987

    Medicines & Healthcare Products Regulatory Agency

    Australia Therapeutic Goods Act 1989

    Therapeutic Goods (Med Devices) Regulations 2002

    Office of Devices, Blood & Tissue, TGA

    Canada Food & Drug Act

    Medical Devices Regulations (No 1101)

    Medical Devices Regulations (No 1162) Amendment

    Medical Devices Regulations (No 1293) Quality System

    Medical Devices Bureau, Therapeutic Product Directorate

    Japan Pharmaceutical Affair Law

    Pharmaceutical Control Law

    Cabinet Orders & Ministerial Ordinances

    Ministry of Health, Labour & Welfare

    Korea General regulations, has not had in place documents providing details for approvals specific to products

    Medical Devices & Radiation Health Dept, Korean FDA

    Regulatory status in various countries

  • Philippines

    Mexico

    Australia

    CONCEPTUAL QUALITATIVE OVERVIEW OF CURRENT NATIONAL MEDICAL DEVICE REGULATORY SYSTEMS - TRENDS lo

    w

    hig

    h

    high low

    Har

    mo

    niz

    atio

    n (

    GH

    TF /

    MD

    PW

    G)

    Comprehensiveness

    Singapore EU, EFTA

    Canada Arab Saudi

    Chinese Taipei

    Japan

    USA Korea

    Thailand

    China Brazil

    Columbia Argentina

    Pakistan

    New Zealand

    Bangladesh

    India South Africa NOTES: Position in clusters not necessarily

    significant Subjective assessment of many variables Variables not weighted Not all countries that regulate medical

    devices shown Some countries moving faster than others

    and with different paths

    Brunei

    Cambodia

    Laos Vietnam

    Indonesia

    Myanmar

    Malaysia

    Reference: M. Gropp; Institute of Medicine, Washington, D.C; 2-3 March 2011

  • Aims of the Regulatory Framework

    Conducive environment for medical devices manufacturing

    Facilitate trade and export

    Promote health tourism

    Ensure public health and safety Facilitate trade and

    industry Assurance for safety and

    performance

    Timely access for beneficial medical technologies

    Prevent dumping ground for unsafe and defective medical devices

  • Design & development Manufacture, import/

    export Packaging, labeling,

    storage

    POST-MARKET PRE-MARKET PLACEMENT ON MARKET

    Distribution Supply Advertising

    Surveillance & vigilance Installation, T&C,

    maintenance, calibration, repairs

    Operation, usage Decontamination,

    decommission, disposal

    Scope of regulation-WHO Model

  • Medical Device Lifecycle What are the Activities?

  • MEDICAL DEVICES LIFE CYCLE IN

    HEALTHCARE FACILITIES- ROLES

    Procurement

    Use

    Disposal

    Hosp. Devices register

    Incident reporting

    Device Assessment-HTA

    Training

    Replacement Planning, User

    requirements

    Field Safety Corrective

    Actions

    Installation/Testing & Commissioning/Acceptance

    MDA

    Devices register Establishment

    License

    Maintenance

    MDA Devices registry

    Compentency

    Hosp. ensure Devices are regtrd

    Est. licenced

    Hosp. ensure T&C done

  • Elements of Regulatory Program

    USE Usage, personnel,

    maintenance

    DEVICE Safety, quality and performance, ERSP

    ACTIVITIES Pre-market, placement on the

    market, post-market

    AUTHORITY TO GOVERN THE ELEMENTS

  • Standards

    Guidance Notes/

    Code of good practices

    Regulations

    Act

    Survey the usage and inventory

    Establish

    Policy

    Directions

    Input from all

    stakeholders

    Registration and

    Vigilance system

    Resources

    Allocation

    Implement control and enforcement

    Action Plan The Medical Device Regulatory Framework

  • Current Status

    Medical Device Act (Act 737) 2012 Appointed date for the Medical Device Act is 1st July 2013

    Medical Device Regulations 2012 Appointed date for the Medical Device Regulations is 31st December

    2012

    Medical Device Authority Act (Act 738) 2012 Appointed date for the Medical Device Authority Act is 15 March 2012

  • Chief Executive, officers, servants

    MEDICAL DEVICE AUTHORITY

    MINISTER OF HEALTH

    Institutional st MEDICAL DEVICE AUTHORITY http://www.mdb.gov.myucture of Medical Device Regulatory System

    MEDICAL DEVICE REGULATORY SYSTEM

    MEDICAL DEVICE

    AUTHORITY ACT 2012

    (ACT 738)

    MEDICAL DEVICE ACT

    2012 (ACT 737)

    CABs

    Establishments

    Manufacturers LARs Distributors Exporters

    Users

    .. gives p

    ow

    ers to

    .. gives p

    ow

    ers to

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    Medical Device Authority (Act 738) 2012

    To provide for the establishment of the Medical Device Authority with powers to control and regulate medical device, its industries and activities, and to enforce the medical device laws, and for related matters

    The Act may be cited as the Medical Device Authority Act (Act 738) 2012

    Come into operation on the appointed date by the Minister by notification in the Gazette on the 15th March 2012

  • MEDICAL DEVICE

    AUTHORITY (MDA)

    A Statutory Body with the

    following members - DG of Health as the Chairman

    - Chief Executive

    - a representative of Min of Health

    - a representative of Min of

    Finance

    - not more than five persons

    appointed by the Minister, who

    have expertise and experience in

    medical device matters

    Functions of MDA

    To implement, enforce, consider and recommend reform to the medical device laws

    To perform the following :- - to regulate all matters

    - to encourage & promote the development

    - to provide consultancy & advisory service and any

    other services,

    in relation to medical device, its industries and activities

    To utilize property of the Authority in such manner as the Authority may think expedient

    To impose fees or charges for services rendered

    Committees appointed by MDA

    - to assist it in the performance of

    the functions of the Authority

    MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

  • The Authority challenges

    MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

  • Medical Device

    Regulatory Control

    Program

    Training for Regulators Premarket Requirements

    Placement on Market

    Post Market Requirements

    Act 738

    Fees and Budgetary Act/Regulation/

    Guidance Notes/QMS

    Harmonisation

    National/International Affairs and Policy

    Computerization (ICT)

    Resource Centre

    Capacity Building

    ACT 737

    Awareness program for

    Consumer/End User/Manufacturer/ Trader/Distributor/

    Policy

    Marker/researcher/ etc

    Infrastructure

    Legal Framework

    Medical Device

    Authority

    MRA/Agreements

    Enforcement

    International Forums

    Human Resource

    Finance

    Legal Support

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    MISSION : To provide regulatory control of medical device industry in Malaysia through compliance of the act by ensuring safety and performance of medical device product to protect public

    VISION : To become excellent medical device

    regulatory authority recognised globally

    CUSTOMER VALUE PROPOSITION: 1. Attributes -(Reliability, Consistent, Efficient), 2. Relationship -(Consultative, Customer-centric, Impartial), 3. Image -(Rule of Law-Ensure all documents process

    efficiently and effectively compliance to regulatory)

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    STRATEGIC THEME

    Excellence in delivery through; 1. Technologically driven 2. Customer / Stakeholder strategic alliance

    STRATEGIC RESULTS 1. Facilitate, timely & accurate execution of approvals 2. A systematic, reliable and secured data management 3. Collaborative, consultative relationship that exceed

    customer, employees & stakeholders expectation

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    Keys to success Initial budget obtained

    Completed first phase of recruiting staff based on the approved list obtained when the BKPP cease to operate since 31 June 2012 for 60 staffs

    Endorsement from MDA for the additional posts required for the full running of the MDA as approved by KKM

    On going registration of products, licensing of establishment and registration of Conformity Assessment Bodies through MedCast IT based systems

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    START UP SUMMARY

    On going efforts to fill up promotional posts Completed recruitment processes and setting up

    various human resource committees MDA has finalised and endorsed additional manpower

    requirements Established a financial system ( Salary, Procurement &

    Accounts) including committees to exercise its commitments

    Established infrastructure (IT & Others) requirements to enable online to fulfill the regulatory system

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    START UP SUMMARY

    Established new Location and place of doing business

    Established statutory identity and logo

    Completed start up procurement of assets

    On going Awareness program to industry, users and organisations

  • CARTA ORGANISASI PIHAK BERKUASA PERANTI PERUBATAN KKM (DILULUSKAN DALAM MESYUARAT JAWATANKUASA KHAS BAGI MENGKAJI JAWATANJAWATAN TINGKATAN TERTINGGI

    BIL. 1/2012 PADA 16 APRIL 2012)

    BAHAGIAN

    DASAR, KOD & STANDARD

    J 54

    Petunjuk:-

    KETUA EKSEKUTIF

    Jusa Utama C

    Jawatan Diisi

    Jawatan Belum Diisi

    CAWANGAN

    PENILAIAN & PENDAFTARAN

    PRODUK IVD

    C48

    C48

    CAWANGAN

    KAWALAN ESTABLISMEN &

    BADAN PENILAIAN PEMATUHAN

    (CAB)

    CAWANGAN

    DASAR & HUBUNGAN

    ANTARABANGSA

    J52

    C48

    CAWANGAN

    SURVELAN & VIGILAN

    CAWANGAN

    AUDIT PEMATUHAN

    C48

    PEJABAT

    PENASIHAT UNDANG-UNDANG

    L 41

    BAHAGIAN

    PENDAFTARAN, PERLESENAN & PRA PASARAN

    C54

    -

    CAWANGAN

    PENGUATKUASAAN

    J44

    N36

    SUMBER MANUSIA

    /LATIHAN

    CAWANGAN

    ICT &

    PENGURUSAN MAKLUMAT

    F44

    SETIAUSAHA PEJABAT

    N 27/28/N32

    ANGGOTA PIHAK BERKUASA PERANTI PERUBATAN\

    CAWANGAN

    PENILAIAN & PENDAFTARAN

    PRODUK UMUM

    C52

    BAHAGIAN

    PENILAIAN KLINIKAL

    C 52

    CAWANGAN

    BANTUAN INDUSTRI

    J44

    CAWANGAN

    PERHUBUNGAN AWAM

    S44

    -

    CAWANGAN

    KAWALAN PENGGUNAAN

    J44

    N17/22

    PENTADBIRAN

    W36

    KEWANGAN/HASIL

    N17/22

    PENGURUSAN ASET

    & PEROLEHAN

    UNIT

    KHIDMAT PENGURUSAN

    N41

    CAWANGAN

    PENILAIAN KLINIKAL

    UD 41/44/48/52/54

    CAWANGAN

    RUJUKAN SAINTIFIK

    C48

    CAWANGAN

    PENYELIDIKAN

    UD 41/44/48/52/54

  • MEDICAL DEVICE AUTHORITY http://www.mdb.gov.my

    Information Technology Systems

    Medical Device Computerised Application System (MeDCASt) will developed to support the scope of regulatory control in terms of product registration

    It will also provide the basis for :

    Licencing of establisments (manufacturer, Local Authorised Representative and importer) to enable them to register medical device

    Register Conformity Assessment Body (CAB)

  • Pu

    blic

    U

    ser/

    Custo

    me

    r In

    tra

    ne

    t S

    ecure

    lin

    k

    Authority web

    page

    Lists of licensed

    establishment

    Lists of

    registered

    Medical

    Devices

    Lists of

    Safety Notice,

    Alert

    Lists of

    recall medical

    device

    Pre-market

    Medical

    Device

    Registration

    Establishment

    Licensing

    Medical

    Devices

    Classification

    Conformity

    Assessment

    Body (CAB)

    Registration

    On-market

    Inspectorate

    Advertisement

    Watch Auditing

    Complaint

    Enforcement

    Industrial Support

    Bilateral/

    Multilateral

    Agreement

    ISC R/

    Standards

    development

    Export

    Permit

    International

    Forum

    Stakeholders enggagement,

    consultation and training

    Post-market

    Incident

    Reporting

    Surveillance

    and vigilance

    Service

    Provider

    Registration

    Designated

    Device Premit

    Competency

    Registration

    Management

    System

    Finance

    Knowledge

    Centre

    Talent

    Management

    Policy and

    Authority

    secretariet

    Quality

    Management

    System

    electronic banking Custom

    Code

    RADIA, radiation

    equipment (Act 304)

    EPF, Sosco,

    Income tax

    MaHTAS

    Establishment

    License

    Application

    CAB

    Registration

    Application

    Service

    Provider

    Registration

    Application

    Medical

    Device

    Classification

    Competency

    Registration

    Application

    Incident

    Reporting

    File &

    Document

    Management

    Standards

    Malaysia CMIS Bahagian Amalan

    Perubatan (Private

    Healthcare Facilities

    Act) - Licensed premis

    Current Government

    ICT Initiative

    THIS, HIS, PHIS, Aset

    management, e-

    mesyaurat

    MITI, MIDA,

    SEMITEC,

    Biotech

    Corp

    Mohd Amin 2011

    Lists of

    registered

    CAB

    Export

    Permit

    Application

    Trending

    Lists of

    competent

    personnel

    Lists of

    registered

    service

    provider

    SSA,

    Local

    Authority

    Medical Device

    Registration

    Application

    Architecture of 1MiDAS & Development Phase

    2

    3

    4

    5

    6

    1

    1

    1

    1

    1

  • Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4

    2013 2014 2015

    Medical Device: Implementation of the Act 737

    Re

    gist

    rati

    on

    of

    Pro

    du

    cts

    and

    CA

    Bs

    IVD

    Phase 1: Registration of CAB

    Phase 2: Registration of all Classes and IVD

    Lice

    nsi

    ng

    of

    Esta

    blis

    hm

    en

    ts

    Phase 3: Imposition of other obligations

    Phase 2: Imposition of GDP for other establishments

    Phase 1: Imposition of ISO13485 for

    manufacturers

    Voluntary Transition Mandatory

  • Thank You