Law Summary
Objective
- Provide guidelines on documentary requirements for medical device registration
- Align Philippine registration requirements with ASEAN Medical Device Directive via CSDT
Scope of Application
- Covers all medical devices intended for sale, import, export, manufacture, and use in the Philippines
- Excludes in-vitro diagnostic and refurbished devices (covered separately)
Definitions of Key Terms
- Applicant: Individual/entity applying for authorization
- Authorization: Certification of compliance issued by CDRRHR
- CDRRHR: Regulatory office of FDA handling medical devices
- CMDN: Certificate for Class A devices (Notification)
- CMDR: Certificate for Class B, C, D devices (Registration)
- CMDL: Certificate for devices for research, trials, exhibits, donation
- CSDT: ASEAN harmonized technical requirements
- Country of Origin: Manufacturing or prior approval country
- Distributor/Importer/Exporter/Wholesaler: Establishments handling medical device distribution
- In-Vitro Diagnostic Device: Devices for examination of human specimens
- Legal Manufacturer: Responsible entity for device design/manufacture
- License to Operate: FDA-issued authorization for operations
- Manufacturer: Entity involved in production process
- Medical Device: Instruments/apparatus intended for diagnosis, treatment, or supporting life, etc., excluding pharmacological means
- Medical Device System: Device composed of essential components
- Notification: Authorization for Class A devices
- Product Owner: Entity supplying device under own name, responsible for product tasks
- Product Standards: Standards recognized by DOH
- Refurbished Device: Previously owned reconditioned medical device
- Registration: Approval for B-D class device marketing/use
- Trader: Entity owning product, subcontracting manufacture
General Guidelines on Device Classification and Registration
- Classification by risk: Class A (Low), B (Low-Moderate), C (Moderate-High), D (High)
- Applicants to classify based on issued lists or ASEAN classification rules
- CDRRHR to verify and possibly reclassify devices
- Class A devices require Notification; Classes B-D require Registration
- CMDN and CMDR are valid for 5 years, renewable every 5 years
- Distributors must notify CDRRHR within 30 days if device production/distribution stops
- Approved registrations published on FDA website
- Devices for research, trials, exhibits, donation require CMDL, exempt from Notification/Registration
- Additional documentary requirements may be requested
- Disapproved applications returned; unclaimed documents discarded after 90 days
Specific Guidelines on Applications
- Separate application per device except allowed aggregated filings with separate certificates
- Registration fee for combined applications equals total fees for individual products
Procedural Guidelines
- Deficiencies must be corrected within 90 days or application disapproved
- Applicants may re-apply within 60 days after disapproval
- Product labels must include importer/distributor names and CMDN/CMDR numbers
- Documentary requirements detailed in annexes according to class
- Application evaluation within 180 days; non-compliance leads to disapproval
- Renewal applications accepted 90 days prior to expiry; late renewals fined
- Renewals submitted later than 120 days post expiry treated as new applications
- Renewal evaluation within 30 days; deficiencies must be corrected within 30 days
- CMDL applications filed before importation
Fees and Charges
- Follow Department of Health AO No. 50 s. 2001 and amendments
Implementation Phases
- Initial coverage includes existing registrable products and class A notifications
- Lists by classification to be released by CDRRHR
- Phased implementation for registration requirement expansion
Grounds for Sanctions
- Manufacture or sale of unsafe/ineffective devices
- Misrepresentation or data concealment
- Label alteration
- Devices causing unacceptable health risk
- Submission of falsified documents
- Falsification of CMDN or CMDR
- Sanctions complement existing FDA Act penalties
Appeals Process
- Motion for Reconsideration/Appeal as per RA 9711 and IRR
Confidentiality
- CDRRHR officers/employees prohibited from disclosing proprietary information
- Violations subject to Code of Conduct for Public Officials
Separability Clause
- Invalidity of any part does not affect the remainder of the order
Repealing Clause
- Repeals inconsistent previous FDA memoranda and issuances
Effectivity
- Effective 15 days after publication in two newspapers and filing with UP ONAR
- Medical device registration under new requirements implemented one year post-effectivity
- Voluntary early application submission permitted by CDRRHR