Title
Supreme Court
Guidelines for Medical Device Authorization
Law
Administrative Order No. 2018-0002
Decision Date
Jan 31, 2018
This Administrative Order establishes guidelines for the registration and authorization of medical devices in alignment with ASEAN's harmonized technical requirements, ensuring safety and effectiveness while facilitating trade among member states.

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

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