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GN-35 — Guidance on Special Access Routes (SAR) for Medical Devices

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1. Introduction

•Under the Health Products Act (Act) and Health Products (Medical Devices) Regulations 2010 (Regulations), all Class B, C and D medical devices are required to be registered with HSA prior to placing them on the Singapore market. •In an emergency or in a case where all conventional therapies have failed, qualified practitioners (i.e. doctors and dentists) may need access to unregistered medical devices to meet special clinical needs (refer to Table 1) arising in the course of their practice. •Special access routes may be used to enable qualified practitioners to access unregistered medical devices for use on their patients. Obligations R5 ► Table 1: Definition of Special Clinical Needs Novel or established medical device or upgraded version of established medical device ❑Absence of registered alternatives or lack of a specific feature in registered medical device; or ❑User’s (doctor or dentist) familiarity or expertise in terms of device technology, design and/or operation that is likely to support or enhance the safety outcomes of the procedure or treatment for the patient; and ❑Patient’s health will be clinically compromised without the requested medical device. Medical devices on compassionate use basis ❑Absence of alternative treatment option; or ❑Available alternative treatments failed or deemed ineffective or unsuitable for the patient according to the doctor’s or the dentist’s clinical judgement; and ❑Patient’s health will be clinically compromised without the requested treatment Alleviation of out-of-stock situation ❑The unregistered medical device is needed to minimise disruption to the continued supply of a similar registered medical device Obligations IMPORTANT ❑The safety, quality and performance of the device is not assessed by HSA during application review. ❑As such, the responsibility for prescribing an unregistered medical device rests with the qualified practitioner. ❑The qualified practitioner should also ensure the patient is appropriately informed prior to treatment and consents to the treatment*. The following special access routes may be used to facilitate the import and supply of unregistered medical devices for clinical use: •For licensed qualified practitioners to seek approval for the import and supply of unregistered medical devices for use on his patient. GN-26 •For healthcare facilities licensed under the Healthcare Services Act (HCSA) to seek approval for the import and supply of unregistered medical devices for use on their patients. GN-27 Obligations R3 ► *the doctor has discretion on the format used for this process 1.Endorsement of SAR application by Chairman of Medical Board (CMB) of the Public Healthcare Institution (PHI) or equivalent ❑If the GN-26 or GN-27 application contains unregistered Class C and/ or Class D medical devices, endorsement by CMB of the PHI or equivalent is required. As part of HSA’s efforts to strengthen our regulatory oversight on import of higher risk unregistered medical devices for local clinical use, additional safeguard measures* are required to ensure these devices are used to meet genuine clinical services needs. GN-26 and GN-27 applications with Class C and D medical devices for Public Healthcare Institutions Obligations *Please note that the additional safeguard measures will not apply to requests from private healthcare facilities for unregistered class C and D medical devices at the moment. HSA and MOH will track and review requests for these higher risk medical devices from the private healthcare facilities and introduce additional safeguard measures as required at a later date. GN-26 and GN-27 applications with Class C and D medical devices for Public Healthcare Institutions Obligations For the following specific categories of Class D medical devices: a.New technologies and state-of-the-art medical devices for clinical use on patients, including novel indications for existing medical devices or technologies.They can expose healthcare professionals and patients to significant risks as these unregistered medical devices have not been reviewed by HSA for their safety and effectiveness. b.Unregistered implants (e.g., pacemakers, breast implants) as implants can fail post surgery, and give rise to long term complications, e.g., repeat or revision surgeries, or other clinical interventions that are likely to expose patients to further risks/complications. ❑Applicable only to PHIs that apply for unregistered Class D medical devices. ❑Requesting qualified practitioner/Head of Department (HOD) of the PHI shall complete the Clinical Justification Review Form for unregistered Class D medical devices available on the HSA website. ❑Completed form shall be uploaded and submitted together with the rest of the supporting documents via R5 ► SHARE ◄ 2.Review of clinical justification by Ministry Of Health (MOH) for Class D medical devices GN-26 and GN-27 applications Yes Prepare all required supporting documents and importer to apply for SAR via R5 ► SHARE Request includes unregistered Class D medical devices that fall under the specific categories of Class D devices as per slide 8? Request from Public Healthcare Institution (PHI) for unregistered Class C and/or D medical device? No For SAR applications containing the specific categories of class D medical devices, the SAR application and Clinical Justification Review Form will be assessed by HSA and MOH respectively. *MOH will contact applicant directly for any clarifications related to the Clinical Justification Review Form. Flowchart: Request for unregistered medical devices for local clinical use Requesting qualified practitioner/Head of Department (HOD) of PHI to complete the Clinical Justification Review Form for unregistered Class D medical devices HSA to inform applicant of outcome via R5 ► SHARE Obligations Yes Endorsement from CMB of PHI or equivalent is required. Complete Section E of Request form for unregistered medical device for use on patients by QP and licensed healthcare facility. No •For the import of unregistered medical devices for the purposes of export or re-export Note: -Companieswith existing importer and wholesalerlicencesshall not require GN-28authorisationfor importfor re-export. -Dealersshall be required to maintain documentary evidence of import and supply (e.g. traceability records) as part of their mandatory device distribution records. -Medicaldevices manufactured in Singapore and that are solely for export shall not require GN-28authorisationfrom HSA for their export by the licensed manufacturer •For the import of unregistered medical devices for non-clinical purposes Note: Non-clinical purposes includes any form of use other than use or administration on humans e.g. training equipment (i.e. Not for use on humans); use on animals; or use of in-vitro diagnostic medical devices for research-use only. Special access routes may also be used to facilitate the import and supply of unregistered medical devices for export, re-export or non-clinical purposes, as described below. GN-29 •For the import of registered medical devices on a consignment basis, by dealers not authorised by the Registrant Note: The importation of a medical device which is already registered on the Singapore Medical Device Register (SMDR) shall be performed by a licensed importer authorised by the Registrant only. A dealer who has not been authorised by the Registrant to import a registered medical device may seek authorisation from HSA through this route. Obligations GN-30 GN-28

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2. Application Requirements

Supporting documents Supporting documentsGN-26GN-27GN-28GN-29GN-30 SAR Device List (Appendix 3) Note: for GN-26/27 applications with class C/D devices, please highlight these higher risk medical devices in the SAR device list and re-attach in R5 ► SHARE as a separate supporting document to facilitate verification √√√√√ Instructions for Use, Product Insert, or Operations Manual by the product owner √√√√ Primary medical device label √√√√ A copy of the qualified practitioner’s registration under the Medical Registration Act (Cap. 174) or Dentists Act (Cap. 76) with the The supporting documents to be submitted for each route is detailed below. Supporting documentsGN-26GN-27GN- A copy of the HCSA Licence of the requesting healthcare facility, with the Licence Number clearly legible. √ A copy of quality management system certificate (e.g. Good Distribution Practice for Medical Devices (GDPMDS)) if a valid Importer licence with GDPMDS is unavailable √√ Request form for unregistered medical device for use on patients by QP and licensed healthcare facility (Appendix 4) Note: clinical justification shall reflect special Clinical Justification Review Form for unregistered Class D medical devices (Appendix 4.1) (For Public Healthcare Institutions only, for specific categories of Class D medical devices) Supporting documents Obligations Supporting documents Obligations Supporting documentsGN-26GN-27GN-28GN-29GN-30 Copy of invoice from exporting company indicating the lot number/serial number of each of the medical device to be imported √ Attestation from product owner that the medical device is Undertaking by importer to take responsibility for quality, safety and performance of the medical device to be imported √ Supporting documents Obligations

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3. Application Process

Online procedure All Special Access Route (SAR) transactions are conducted through the Singapore Health Product Access and Regulatory E-System (SHARE) Importer to log in with Corppass Please note that you will need to be granted access to e-Service, “HSA E-SERVICES: SINGAPORE HEALTH PRODUCT ACCESS AND REGULATION E-SYSTEM (SHARE)” in Corppass portal by your company’s Corppass Admin to log in. Importer to prepare and apply for SAR via SHARE •Obtain all required supporting documents •Refer to Table 2 for importer pre-requisite requirements •Refer to SHARE User Guide for Special Access Route * Note: Only the importer of the device may submit the SAR application Review of application by HSA •Turn-around-time (TAT): 14 working days* Online ProcedurePoints to note Online ProcedurePoints to note Obligations * Please note that for applications that include class D medical devices that fall under the specific categories of Class D devices that require review by MOH, the TAT will be extended by 14 working days. R4► Table 2: Pre-requisite requirements Online procedure Online ProcedurePoints to note Online ProcedurePoints to note Obligations SA route Eligibility criteria Importer pre-requisite requirements GN-26Unregistered medical device that has obtained at least one reference regulatory agency approval •Australia Therapeutic Goods Administration (TGA) •Health Canada (HC) •Japan Ministry of Health, Labour and Welfare (MHLW) •US Food and Drug Administration (US FDA) •European Union Notified Bodies (EU NB) For GN-26 only, where an unregistered medical device is requested for compassionate use on a patient (last treatment option), and is not approved by any of the above reference regulatory agency, the requesting qualified practitioner is required to provide documentary proof of professional consensus in accordance with Singapore Medical Councils’ Ethical Code and Ethical Guidelines (Section B6 paragraph 4) ◄ A certified quality management system (e.g. to the requirement of Good Distribution Practice for Medical Devices (GDPMDS)) GN-27 GN-30The medical devices registered on Singapore Medical Device Register (SMDR) A valid importer and wholesaler licence with Good Distribution Practice for Medical Devices (GDPMDS) or ISO 13485 R5► The full application fees will be charged upon submission of the application in R5 ► SHARE ◄. Payment is to be made by the applicant (i.e. importer). ➢Acceptable payment modes: R5 ► Online payment or GIRO (3-5 working days to process) For urgent request, please select online payment. ◄ ➢If you wish to set up a GIRO account with HSA, please go to here ➢Refer to the fee schedule on HSA website for the applicable fees NOTE: •Once the application has been submitted, there shall be no refund of application fees. This includes any incorrect or withdrawn applications. •There shall be no amendments to the application, including the quantity requested for use, once the application has been approved. A new submission will be required. Online procedure Online ProcedurePoints to note Online ProcedurePoints to note Obligations Points to note •It is the responsibility of the licence holder, licensed healthcare facility and qualified practitioner/user to ensure the medical device(s) complies with any other applicable regulatory requirements of other regulatory bodies in Singapore prior to its supply or for its use. ➢E.g. for medical devices also subject to control under the Radiation Protection Act, a licence from the Radiation Protection and Nuclear Science Group (RPNSG) of the National Environment Agency (NEA) may be required. •The safety and performance of the device is not assessed by HSA during application review. •The authorisation shall only be valid for a period of 12 months from the date of approval, and permits multiple import consignments within the validity period (except GN-30 which only permits a single import consignment). •The unregistered medical device shall only be imported by the importer authorised in the approval. •No further import and supply of the medical devices is permitted after expiry of the authorisation. Unauthorised supply of an unregistered medical device is an offence under the Act and penalties of a fine of up to $50,000 or imprisonment for a term not exceeding 2 years, or both will apply. Online ProcedurePoints to note Online ProcedurePoints to note Obligations GN-26 & GN-27 applications •HSA requires that applications be substantiated with a clinical justification, reflecting the special clinical need (Table 1) for the unregistered devices by the qualified practitioner (for GN-26) or Head of Department or equivalent representing the licensed healthcare facility (for GN-27) in place of registered products. •Capital equipment shall not be authorised via GN-26 and GN-27. Product registration will be required. •Refers to medical devices that are installed as part of the healthcare facility’s fixed infrastructure e.g. X-ray machines, CT scanners, MRI machines. •Records on the particulars of patients are to be maintained and kept on file by the requesting qualified practitioner or licensed healthcare facility and to be submitted upon request by the Authority. ❖Companies intending to supply these medical devices on a long term basis should register these devices. ❖Supply of unregistered single use medical devices and implants, including administration or use on patients by licensed healthcare facility or QP shall not be permitted after the authorisation expires.

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4. Post-market Obligations

The responsibility for reporting field safety corrective actions (FSCA) and adverse events (AEs) for medical devices that are supplied through the Special Access Route (SAR) lies primarily with the importer who arranged for its supply. It is a condition of approval that the importer reports the details of any FSCA or adverse event to the Authority according to applicable timelines. Qualified practitioners (QPs) and healthcare facilities can report AEs for medical devices via the voluntary adverse event e-form (mobile-friendly). For more information on AEs reporting of medical devices, please visit https://www.hsa.gov.sg/medical-devices/adverse-events Obligations

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5. Declaration on Distribution Records

DISTRIBUTION RECORDS •The importer shall be required to submit a declaration on the distribution records via R5 ► SHARE ◄ within 30 days after expiry of authorisation, or within 30 days after date of last export/supply*, whichever is earlier. •Importer shall be required to maintain documentary evidence of supply (e.g. traceability records) as part of their mandatory device distribution records for the devices imported under this authorisation. This information shall be submitted to the Authority upon request. *refers to delivery of the medical device to qualified practitioner, healthcare facility or the consignee using it for non-clinical purpose.

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Appendix 1

devices for use on his patient. For laboratories and medical facilities licensed under the HCSA to seek approval for the import and supply of unregistered medical devices for use on their Unregistered medical device that has obtained at least one reference regulatory agency approval (i.e. TGA, HC, MHLW, US FDA and EU NB) For GN-26 only, where an unregistered medical device is requested for compassionate use on a patient (last treatment option), and is not approved by any of the above reference regulatory agency, the requesting qualified practitioner is required to provide documentary proof of professional consensus in accordance with Singapore Medical Councils’ Ethical Code and Ethical Guidelines (Section B6 paragraph 4) ◄ 12 months 12 months 12 months 12 months 12 months Refer to the fee schedule on HSA website for the applicable fees

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Appendix 2

Definitions IMPORT: with its grammatical variations and cognate expressions, means to bring or cause to be brought into Singapore by land, sea or air. MEDICAL DEVICE: means a medical device as described in the First Schedule of the Act. This includes IN VITRO DIAGNOSTIC (IVD) PRODUCT (as set out in the Regulations). PRODUCT OWNER: (as set out in the Regulations): •in relation to a health product, means a person who — •(a) supplies the health product under his own name, or under any trade mark, design, trade name or other name or mark owned or controlled by him; and •(b) is responsible for designing, manufacturing, assembling, processing, labelling, packaging, refurbishing or modifying the health product, or for assigning to it a purpose, whether those tasks are performed by him or on his behalf. QUALIFIED PRACTITIONER (as set out in the Regulations) : means:- •a person registered under the Medical Registration Act (Cap. 174), when acting in the course of providing medical treatment to a patient under his care; or •a person registered under the Dentists Act (Cap. 76) whose name appears in the first division of the dentists register kept under that Act, when acting in the course of providing dental treatment to a patient under his care.

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Appendix 4

Request form for unregistered medical device for use on patients by QP and Licensed Healthcare Facility Request form for unregistered medical device for use on patients by QP and Licensed Healthcare Facility (continued) NOTE: •A copy of “SAR Device List” shall be provided to the QP/HOD and CMB/equivalent of PHI (if applicable) signing off the forms. •The signed document shall be scanned and submitted to HSA via R5 ► SHARE ◄. •The original signed hardcopy form shall be maintained and kept on file by the applicant. This information shall be submitted to the Authority upon request.

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Appendix 4.1

Clinical Justification Review Form for unregistered Class D medical devices for Public Healthcare Institutions NOTE: •A copy of “SAR Device List” shall be provided to the QP and CMB/equivalent of PHI signing off the forms. •The signed document shall be scanned and submitted to HSA via R5 ► SHARE ◄. •The original signed hardcopy form shall be maintained and kept on file by the applicant. This information shall be submitted to the Authority upon request.

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Appendix 5

Annex Annex Letter of Authorisation Template [To be printed on Company Letterhead of Product Owner] Subject: Letter of Authorisation for [name of Importer] We, [name of Product Owner], as the Product Owner, hereby confirm that the medical devices listed below have been manufactured to the same safety, quality and performance specifications as the medical device listed under Singapore Medical Device Register (SMDR) listing number, [device listing number]. [List containing the following: (i)product names of medical devices for import, (ii) quantity for import, (iii) manufacturing site, (iv) ISO 13485:2003 certificate number,(v) SMDR listing number, (vi) invoice number (vii) invoice date] We hereby acknowledge that we are aware of the import of the medical devices listed above into Singapore by [name of Importer] for the quantity specified. We shall keep [name of Importer] informed of any Field Safety Corrective Action (FSCA) that is applicable. Yours Sincerely, [Signature] [Full Name and Title of Senior Company Official] [Name and address of company] Letter of Authorisation