To get an import/manufacturing license for the sale/distribution of a medical device that does not have a predicate medical device, the importer/manufacturer must make an application to the Central Licensing Authority. The import license applicant must do this via an authorized agent having a manufacturing or wholesale license for the sale or distribution of medical devices. The application should be made to the Central Licensing Authority via an online portal of the Ministry of Health and Family Welfare in the Central Government using Form MD-26 and the permission is received in the Form MD-27.
The Applicant must follow the following process:
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Evaluation of the product, if it requires registrations as per MDR 2017 |
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If requires registration, Evaluation of classification (Class A, B, C, & D) based on the product risk category |
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Preparation of documents as per the MD 26 checklist |
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Appoint authorized agent in case of Import of the product |
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Online generation of application |
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Before submission of application, approval/confirmation of draft application by the authorised agent/manufacturer |
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Follow-up with regulatory authority and SEC meeting for Clinical Investigation Waiver |
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If Clinical Investigation Waiver received, Approval of application in Form MD 27 |
As per MDR 2017 the validity of the license is not specified as of now.
INR 50000 is the prescribed fee for taking the permission to manufacture/import new medical device that does not have its predicate device.
Form 27from CDSCO
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MONTHSThe medical device classification must be done as per the rules mentioned in MDR 2017.
To get a waiver from clinical trials by the CDSCO, the approval of the medical device in GHTF countries and other conditions must be checked.
If satisfactory data is submitted by the manufacturer of the investigational medical device in GHTF countries, where this product has been marketed for at least two years, the manufacturer do not need to fill Form MD-22, hence get a waiver from the clinical trial.
If the medical device classification is different in India and GHTF countries, the higher class will be considered.
The authorized agent/Manufacturer who has obtained an import license/Manufacturing License is responsible for the PMS.
If the first importer has obtained the approval for new investigational medical device, then subsequent applicant can just apply for the import license of the same medical device.
The clinical investigation in India may be waived off if the medical device has been approved by regulatory authorities and marketed in UK, USA, Canada, or Japan for at least two years; if the data of safety, performance, and pharmacovigilance submitted to the Central Licensing Authority is satisfactory.
The applicant who has been granted permission via Form MD-27 must submit the PSUR from the date of launch of the device in the market followed by submission every six months for the first two years. Later, the PSUR must be submitted annually for two more consecutive years. The PSUR should be submitted to the Central Licensing Authority.