Three Things You Should Know about Medical Device Regulations in Russia, November 2017

Dear colleagues and group members,

Welcome to my monthly newsletter with the most important regulatory updates on medical devices in Russia for November 2017.

  1. Russian medical device expert organisations are starting pre-submission consultancy
    In November 2017, both Russian expert organisations involved in the registration process announced the start of pre-submission consultations for medical device manufacturers. The expert organisations published information on consultancy procedures, application forms, contracts, information on prices, and required and recommended documents on their websites:
    – Consultations from VNIIMT (ВНИИМТ) expert organization – link in Russian;
    – Consultations from CMIKEE (ЦМИКЭЭ) expert organization – link in Russian;

    According to Roszdravnadzor Regulation 6478 (link in Russian) published in July and enforced in September 2017, the scope of the consultations are: development of a medical device and necessary documentation and testing for registration and re-registration for particular devices, specific aspects of the Russian registration process and requirements, classification of medical devices, and determination if a product meets the definition of a medical device, according to Russian regulations.

  2. Evolution of restrictions on polyvinyl chloride consumables
    On 1 November 2017, the Russian Ministry of Health published a letter (link in Russian) with information on weighted average prices for disposable medical devices from the government list of foreign disposables made from polyvinyl chloride (PVC) plastics, whose admission to public procurement was restricted by Resolution # 968.
    It should be recalled that Resolution No. 967 (link in Russian) and Resolution No. 968 (link in Russian) came into force in August 2017, and extended the list of medical products restricted from participation in state procurements, (link to up-to-date version in Russian) with particular reference to medical devices containing PVC implementing criteria for its manufacturers, and the new scheme of state procurement for such products.
    The national register for manufacturers of PVC consumables that met the criteria is published by the Russian Ministry of Industry and Trade and at the end of November contains one company.

    3. Medical software in telemedicine technologies

    On 3 November 2017, the Russian Ministry of Health published draft regulations on providing medical care using telemedicine technologies (link in Russian). Amongst other matters, the document contains a requirement for mandatory registration of special medical software that is ‘designed for the prevention, diagnosis, treatment and medical rehabilitation of diseases, monitoring the state of the human body and used as a part of information systems’ as a medical device.

    It should be noted that, the Russian medical device regulator Roszdravnadzor has emphasised several times during the past years that medical software should be considered a type of medical device and must therefore pass the mandatory registration process

Three Things You Should Know about Medical Device Regulations in the Eurasian Union, October 2017

 

Dear colleagues and group members,

In October 2017 my usual newsletter will focus on updates in developing harmonised Eurasian medical device regulatory system.

 

  1. Eurasian Quality Management System Requirements for Medical Device Manufacturers

In early October 2017, the Eurasian Commission published decision 134 (link in Russian), which includes what is requirements for a quality management system (QMS) for manufacturers of medical devices.
This decision is the last of the “second level” documents approved in the harmonised Eurasian model.

According to the published regulation, the implementation, development and maintenance of the QMS is becoming mandatory for the registration of  sterile IIA, IIB, III class devices. For low class devices (I and non-sterile IIA class products) QMS maintenance is not formally mandatory,however, it offers the advantage of a simplified amendment/re-registration procedure (notification instead of assessment).

The document contains checklists with requirements for every QMS subsystem: design and development controls, record/document change control, corrective and preventive actions, production and process control and consumer-related processes.

The assessment of the QMS is a mandatory step in the registration process and is carried out by way of an inspection audit of every declared manufacturing site by accredited organisations of Eurasian member states (according to the document, there is a list of accredited organisations maintained by the regulator of each member state, and the manufacturer may apply to any of them).

In addition to the primary “registration” inspection audit periodic post-registration QMS assessment inspections are also requited once every three years, as well as unscheduled inspections in limited cases.

The document introduces a twelve-month transitional period, during which QMS assessment is not mandatory for the registration. During this period, the submission of an ISO 13485 certificate provides a presumption of conformity with quality requirements when the QMS inspection audit is postponed (within a two-year period after registration).

 

  1. Russian Laboratories are Preparing to Start Medical Device Testing According to Harmonised Eurasian Requirements

In early October 2017, the Russian medical device expert centre (VNIIMT (ВНИИМТ) published information about its inclusion in the list of organisations accredited for technical and biological testing for the registration of medical devices according to the Eurasian procedure.

Later, on 27 October, during the seminar on Eurasian medical device testing requirements held by the same organisation, it was confirmed that manufacturers may apply for start testing according to the new requirements.

At the end of October 2017, there are two laboratories accredited for testing according to Eurasian requirements. The list is published on the website of the Russian medical device regulator Roszdravnadzor.

It should be noted that the Eurasian medical device regulation model contains separate requirements for technical (link in Russian) and biological safety (link in Russian) testing, which must be conducted in an accredited laboratory in any Eurasian member state.

 

  1. Eurasian Advisory Committee on Medical Devices

Another document adopted by the Eurasian commission in October is decision 123 (link in Russian) “On the Regulations on the Advisory Committee on Medical Products”. According to the text in the published document the Advisory Committee is a new regulatory body on the Eurasian level which will be responsible for adjusting differences between Eurasian member states (i.e., the reference state and acceptance state) during the process of medical device registration assessment. The committee’s tasks also include consultations on issues in the field of medical devices.

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Thank you for following this blog! My objective here is to make developing Eurasian medical device regulations clearer. You can also follow my updates on Twitter @MedDevRus.

First Laboratory for Testing Medical Devices according Eurasian Registration Rules

Significant milestone in the development of Eursian harmonized medical device regulation model …The first data on laboratories performing testing of medical devices according to the Eurasian Registration Rules became available.

According to the information appeared on the website of the expert organization and Russian medical device regulator Roszdravnadzor at the beginning of October 2017, Russian medical device expert center VNIIMT (ВНИИМТ) has been included in the list of organizations for technical and biological testing for registration of medical devices in Eurasian Union.

It is to be recalled, that prior to registration according to the Eurasian Union procedure, a medical device must be tested in the laboratory from the “approved” list in any of Eurasian member states.

Eurasian Medical Device Quality Management System Requirements

The Eurasian Economic Commission published the Order # 134 (link in Russian) and approved the draft resolution on requirements on quality management system (QMS) for medical device manufacturers in Eurasian Union. This news was published on 2nd October 2017 on the website of the Eurasian commission and the Russian medical device regulator Roszdravnadzor.
The requirement on QMS is the thirteenth and the last adopted ‘‘second level’’ document of Eurasian medical device regulation model.

Three Things You Should Know about Medical Device Regulations in Russia, September 2017

Dear Colleagues and Group Members,

This is a monthly update with a selection of the latest news on medical device regulation changes across Russia and the Eurasian Union.

 

  1. Development of Eurasian Medical Device Regulations

 

On 4 September 2017, the Eurasian Economic Commission published Recommendation No. 17, (link in Russian) ‘On the list of voluntary national standards that […] ensure conformity of a medical device with the Eurasian Essential Requirements for the Safety and Efficiency of Medical Devices’. The document harmonises existing national standards (155 voluntary standards for different types of medical devices and 43 standards for in-vitro devices) of the member states of the Eurasian Union and correlates them with the relevant requirements of the Essential Checklist.

In addition, earlier in September a number of drafts concerning medical device classifiers were published by the Eurasian Commission:

  • classifier of changes in the registration dossier of a medical device (link in Russian)
  • classifier of documents in the registration dossier of a medical device (link in Russian)
  • classifier of medical device area of usage (link in Russian).
    Usage of codes of the above classifiers are expected to be mandatory across several steps of medical device turnover in the Eurasian Union

At the same time, Roszdravnadzor (the Russian medical device regulator) created on its website the section ‘Registration of medical devices within the framework of the Eurasian Economic Union’, in which all Eurasian medical device regulations that came into force at that time were summarised.

Despite all published regulations, as of the end of September 2017, applications on Eurasian medical device registration process are still not working.

 

  1. Russian Ministry of Finance Clarified Rules for Medical Device Tax Exemptions

On 11 September 2017, the Ministry of Finance of the Russian Federation published a letter # СД-4-3/1794 (link in Russian) in which it recalled the rules for exemption from value added tax (VAT) when selling medical devices in Russia.

The regulator also confirmed the same VAT exemption for both ‘new’ and ‘old’ registration documents for the period 1 January 2017 to 30 June 2017 (i.e. the period before the amendment of the Russian tax code).

In this context it should be recalled that in February 2017, the Russian government published Resolution #160 (link in Russian) and extended to 1 January 2021 the deadline for the administrative replacement of the ‘old’ Russian medical device registration certificates.

 

  1. Medical Devices Incorporating a Medicinal Substance – Difficulties in Registration in Russia*

The registration of borderline products and medical devices with ancillary medicinal (pharmaceutical) substances is now one of the most pressing regulatory problems in Russia.

Resolution (Order) #11 N of the Russian Ministry of Health (link in Russian), which came into force in March 2017, requires the mandatory registration of all such chemical or pharmaceutical components as pharmaceutical substances in the Russian Federation.

On 25 September 2017, 38 manufacturers and distributors of medical devices in Russia submitted a collective letter to Russian medical device regulator Roszdravnadzor, the Ministry of Health, and the Ministry of Industry and Trade, in which they drew attention to serious difficulties with, and in some cases the impossibility of, state registration of whole groups of medical devices (for example, dental cements and adhesives, drug-eluting stents, cosmetic fillers…) under new requirements.

The petition contains an analysis of the current regulations of borderline products and medical devices with ancillary medicinal (pharmaceutical) substances, as well as a request to regulators to clarify their position on this issue and correct contradictions in legislation. The issue has received wide coverage in the Russian media.

 

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* I would like to express my thanks to Medrelic – a Russian consulting company for the registration and certification of medical devices – for kindly providing material and sharing expertise on issues regarding the registration of medical devices incorporating pharmaceutical substances.

Some Practical Questions on Ukrainian Medical Device Declaration of Conformity

Improve Medical – the conformity assessment body based in Kyev kindly agreed to clarify some practical aspects and peculiarities of passing of medical device conformity assessment in  Ukraine:

 

  1. Can an authorized representative (AR) of a non-resident manufacturer draft and sign a declaration on conformity of medical device on its behalf?

 

According to Art. 28 of the Law of Ukraine “On Technical Regulations and Conformity Assessment” (hereinafter, the Law), the AR can draft and sign a declaration on conformity of a medical device with technical regulations (TR), but only on behalf of and under  responsibility of the manufacturer. For this purpose, the AR must have the properly authorized powers in the territory of Ukraine. As a rule, such powers are specified in the contract between the manufacturer and the AR.

If the conformity assessment procedures are applied by auditing the quality management system in accordance with Appendices III, VI and VII, then the declaration is drawn up and signed only by the manufacturer. In some cases and in the presence of a power of attorney, a representative office in Ukraine of a non-resident producer may also sign the declaration.

  1. Can the AR formalize the declaration in two languages ​​simultaneously with a single document?

According to Art. 28 of the Law, the declaration must be drawn up in the Ukrainian language, or necessarily translated into Ukrainian. From time to time, non-residents refuse to sign a declaration drafted only in Ukrainian, therefore, we recommend to draft and sign a single declaration in two languages (e.g. English and Ukrainian).

  1. Sometimes the regulatory authorities demand the seal of the conformity assessment body CAB to be affixed on the declaration. Is it necessary to certify the declaration of conformity in the CAB?

According to Art. 28 of the Law, the manufacturer, by drawing up the declaration, assumes responsibility for conformity of the products with the requirements of the TR. In this case, the TR does not set forth the structure or form of the declaration. According to Art. 41 of the Law, the responsibilities of the CAB do not include the need to approve the declaration. Thus, the declaration is signed only by the manufacturer and is not registered by the CAB. The requirement of the competent authorities for the seal of the CAB on the declaration is groundless.

  1. Who should approve translations of sample instructions for use, external labeling and other technical documents, if the manufacturer is a non-resident of Ukraine?

Ukrainian medical device technical regulations (TR) specify that information for users or consumers of medical devices should be stated in the Ukrainian language. However, the Law and the TR do not specify the responsibilities of the CAB for determining the quality of the translation, including the label and instruction. It means that the manufacturer submits such information in Ukrainian on its own responsibility.

The requirement to present information in Ukrainian language also applies to records and correspondence that accompany the conformity assessment procedure. However, there is no requirement in the TR to approve the translation of such information, and there are no restrictions as to who makes the translation.

Records mean documents drawn up by the auditor during the assessment process. Correspondence, as the application for conformity assessment, must also be executed in Ukranian. Documents of the quality management system may be provided to the CAB in a foreign language. However, note that the market surveillance authorities may require translation of the documents.

 

 

The answers were provided by Tatyana Pazerskaya, Director and Chief Auditor of IMPROVE MEDICAL – Conformity assessment Body which performs  conformity assessment with the Ukrainian technical regulations(regulations #753754755) for medical devicesactive implantable medical devicesand in vitro diagnostics.

Russia Opens Pre-submission Consultancy for Medical Device Manufacturers

 

On 10 September 2017, the order #6478 (link in Russian) came into force.
This order introduces pre-submission consultations from Russian regulatory expert centers involved in the registration process to medical device manufacturers for requesting feedback prior to start registration, local testing or submitting a medical device application to Roszdravnadzor (Russian medical device regulator) as far as discussing specific aspects of the Russian regulatory process and requirements (e.g. medical device classifications and designation of a product to medical device regulations).

Until now, Russian law did not allow such forms of consultancy, and direct communication between manufacturers and authorities on any specific question was formally prohibited.

Consultations will be paid for medical device manufacturers but not mandatory for obtaining approval.