Health Products (Clinical Research Materials) Regulations 2016

Source: Singapore Statutes Online | Archived by Legal Wires


No. S 332
Health Products Act
(CHAPTER 122D)
Health Products (Clinical Research Materials) Regulations 2016
In exercise of the powers conferred by sections 71 and 72 of the Health Products Act, the Health Sciences Authority, with the approval of the Minister for Health, makes the following Regulations:
PART 1
GENERAL
Citation and commencement
1.  These Regulations are the Health Products (Clinical Research Materials) Regulations 2016 and come into operation on 1 November 2016.
[S 108/2021 wef 01/03/2021]
Definitions
2.—(1)  In these Regulations, unless the context otherwise requires —
“active substance”, in relation to a CTGT product, means a substance that —
(a)is usable in the manufacture of a CTGT product as an active constituent; and
(b)achieves its intended action by pharmacological, immunological, physiological, metabolic or physical means;
[S 108/2021 wef 01/03/2021]
“administer”, in relation to any clinical research material, means to give or apply to a human being, whether —
(a)orally;
(b)by injection or by introduction into the body in any other way; or
(c)by external application, whether by direct contact with the body or not;
“appropriate non‑proprietary name”, in relation to an active ingredient of a therapeutic product or an active substance in a CTGT product, means —
(a)the name or a synonym of the active ingredient or the active substance (as the case may be) described in the relevant monograph appearing in the latest edition of any specified publication; or
(b)in any other case, its international non-proprietary name or the accepted scientific name or other name descriptive of the true nature of the active ingredient or the active substance, as the case may be;
[S 108/2021 wef 01/03/2021]
“approved permanent premises”, “approved conveyance” and “permanent premises” have the meanings given by section 2(1) of the Healthcare Services Act 2020;
[S 430/2023 wef 26/06/2023]
“Authority’s website” means the Authority’s Internet website at http://www.hsa.gov.sg;
“auxiliary CRM” means any clinical research material that is used for the needs of any clinical research as described in the protocol, but not as the material to be tested or used as a reference in the research;
“business name”, in relation to a healthcare service licensee, means the name under which the healthcare service licensee is authorised by a licence under the Healthcare Services Act 2020 to carry on the business of providing a licensable healthcare service;
[S 430/2023 wef 26/06/2023]
“clinical research” means any research involving human beings (whether or not a regulated clinical trial);
“clinical research material” means any of the following that is manufactured, imported or supplied for the purpose of being used in any clinical research by way of administration to a subject in accordance with the protocol for the research:
(a)a therapeutic product;
(b)a CTGT product that is treated as a Class 1 CTGT product under the CTGTP Regulations and for which no notice has been submitted under regulation 4, 7 or 10 (as the case may be) of the CTGTP Regulations;
(c)a CTGT product that is treated as a Class 2 CTGT product under the CTGTP Regulations;
(d)a placebo;
[S 108/2021 wef 01/03/2021]
[Deleted by S 730/2021 wef 01/10/2021]
“CTGT product” means a health product categorised as a cell, tissue or gene therapy product in the First Schedule to the Act;
[S 108/2021 wef 01/03/2021]
“CTGTP Regulations” means the Health Products (Cell, Tissue and Gene Therapy Products) Regulations 2021 (G.N. No. S 104/2021);
[S 108/2021 wef 01/03/2021]
“healthcare service licensee” means a person who holds a licence under the Healthcare Services Act 2020 to provide a licensable healthcare service;
[S 430/2023 wef 26/06/2023]
“institutional review board” means an independent body which —
(a)is constituted of medical, scientific, and non‑scientific members, whose responsibility is to ensure the protection of the rights, safety and wellbeing of subjects by, among other things, reviewing, approving and providing continuing review of the protocol, amendments, and the methods and materials to be used in obtaining and documenting informed consent of the subjects; and
(b)when Part 4 of the Human Biomedical Research Act 2015 comes into operation, is appointed under that Act;
[S 430/2023 wef 31/12/2021]
“international non-proprietary name”, for an active ingredient of a therapeutic product or an active substance in a CTGT product, means a name which has been selected by the World Health Organization as a recommended international non-proprietary name for the active ingredient or the active substance, as the case may be;
[S 108/2021 wef 01/03/2021]
“investigational CRM” means any clinical research material that is to be tested or used as a reference in any clinical research;
“in-store pharmaceutical officer” means —
(a)a qualified pharmacist engaged or employed to provide pharmacy services at or from a licensed retail pharmacy; or
(b)a person acting under the supervision of the qualified pharmacist mentioned in paragraph (a) when providing pharmacy services at or from the licensed retail pharmacy;
[Deleted by S 430/2023 wef 26/06/2023]
“licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020;
[S 430/2023 wef 26/06/2023]
“licensed retail pharmacy” means the premises specified in a pharmacy licence;
[Deleted by S 802/2023 wef 18/12/2023]
“pharmacy licence” means a licence issued under the Health Products (Licensing of Retail Pharmacies) Regulations 2016 (G.N. No. S 330/2016);
“pharmacy‑only medicine” means a therapeutic product registered under the classification of “pharmacy‑only medicine” in the Register of Health Products;
“prescription‑only medicine” means a therapeutic product or a CTGT product registered under the classification of “prescription‑only medicine” in the Register of Health Products;
[S 108/2021 wef 01/03/2021]
“proprietary name” means a word or words used in connection with the supply of a therapeutic product or CTGT product for the purpose of indicating that it is the product of a particular person who manufactures, selects the name of, certifies or deals with that product, or offers it for supply;
[S 108/2021 wef 01/03/2021]
“protocol” means a document that describes the objectives, design, methodology, statistical considerations and organisation of any clinical research;
“psychotropic substance” means a substance specified in the First Schedule to the Health Products (Therapeutic Products) Regulations 2016 (G.N. No. S 329/2016);
“qualified pharmacist” means a person who —
(a)is registered as a pharmacist under the Pharmacists Registration Act 2007;
[S 430/2023 wef 31/12/2021]
(b)holds a valid practising certificate granted under section 23 of that Act; and
(c)is in active practice as defined in regulation 2 of the Pharmacists Registration (Practising Certificates) Regulations 2008 (G.N. No. S 438/2008);
“qualified practitioner” means —
(a)a registered medical practitioner under the Medical Registration Act 1997; or
[S 430/2023 wef 31/12/2021]
(b)a registered dentist under the Dental Registration Act 1999 whose name appears in the first division of the Register of Dentists maintained and kept under section 13(1)(a) of that Act;
[S 430/2023 wef 31/12/2021]
“regulated clinical trial” means any clinical trial that is —
(a)authorised by the Authority, or notified to the Authority and the notification accepted by the Authority, under regulation 8 or 9 of the Health Products (Clinical Trials) Regulations 2016 (G.N. No. S 331/2016); or
(b)issued with a certificate under regulation 8 of the Medicines (Clinical Trials) Regulations 2016 (G.N. No. S 335/2016);
“relevant fee” means a fee specified in the Second Schedule to the Health Products (Fees) Regulations 2022 (G.N. No. S 450/2022);
[S 452/2022 wef 01/07/2022]
“remote service kiosk” has the meaning given by regulation 2(1) of the Healthcare Services (Outpatient Medical Service) Regulations 2023 (G.N. No. S 410/2023);
[S 430/2023 wef 26/06/2023]
“specified publication” means any of the following:
(a)the British Pharmacopoeia;
(b)the European Pharmacopoeia;
(c)the United States Pharmacopoeia and the National Formulary;
(d)any other publication that is specified on the Authority’s website;
[S 108/2021 wef 01/03/2021]
“sponsor” means a person who takes responsibility for the initiation, management or financing of any clinical research;
“subject” means a human being, whether or not a patient, who participates in any clinical research —
(a)as a recipient of the clinical research material to which the research relates, or of some other treatment or procedure in that research; or
(b)as a control, without receiving any such clinical research material, or any such treatment or procedure;
“temporary premises” means any premises other than permanent premises;
[S 430/2023 wef 26/06/2023]
“therapeutic product” means a health product categorised as a therapeutic product in the First Schedule to the Act;
[S 108/2021 wef 01/03/2021]
“traceability”, in relation to a CTGT product, means —
(a)the ability to locate and identify the CTGT product and its starting and raw materials at any point in time during its manufacture, import, supply or administration, including the sourcing, procurement, processing, testing, packaging, storage, transport, delivery and disposal of the CTGT product;
(b)the ability to identify the donor and tissue bank, blood bank or manufacturing facility that receives, processes or stores any cells or tissue that the CTGT product contains;
(c)the ability to locate and identify all data relating to any raw material or other substance that comes into contact with any cells or tissue that the CTGT product contains; and
(d)the ability to identify the person who is —
(i)administered, dispensed or supplied the CTGT product at a licensed retail pharmacy or any approved permanent premises, temporary premises or approved conveyance of a healthcare service licensee; or
[S 802/2023 wef 18/12/2023]
(ii)dispensed or supplied the CTGT product by a healthcare service licensee using a remote service kiosk or by delivery to the person;
[S 108/2021 wef 01/03/2021]
[S 430/2023 wef 26/06/2023]
“trial site” means a place where activities relating to a clinical trial are conducted.
[S 430/2023 wef 26/06/2023]
(2)  For the purposes of these Regulations, a prescription is valid only if the prescription —
(a)is written and signed by a qualified practitioner; and
(b)contains all of the following particulars:
(i)the date of the prescription;
(ii)the name and address of the qualified practitioner giving the prescription;
(iii)the name, identity card or other identification document number, and contact details, of the subject to whom the prescription relates;
(iv)the name and total amount of the prescribed clinical research material to be supplied to, and the dose to be taken by, the subject;
(v)where the qualified practitioner giving the prescription intends for the prescription to be repeated, an indication of the number of times, and the time period between which, the prescribed clinical research material may be supplied;
(vi)where the prescription is given by a dentist, a declaration by the dentist that the prescription is “for dental treatment only”.
PART 2
EXCEPTIONS FOR MANUFACTURE, IMPORT AND SUPPLY
OF CLINICAL RESEARCH MATERIALS
Exceptions from Act
3.—(1)  Section 12(1) of the Act does not apply to the manufacture of any clinical research material.
(2)  Subject to regulations 4 and 5, section 13(1) of the Act does not apply to the import of any clinical research material.
(3)  Subject to regulations 6 and 7, section 14(1) of the Act does not apply to the supply by wholesale of any clinical research material.
(4)  Subject to regulation 7, section 15(1) of the Act does not apply to the supply of any clinical research material.
Notification of import of clinical research material
4.—(1)  Regulation 3(2) applies to the import of any clinical research material only if the person who imports the material (called in these Regulations an importer) gives the Authority notice of the import before importing the material.
(2)  The notice must be given in the form and manner, and within the time, specified on the Authority’s website.
(3)  A notice of the import mentioned in paragraph (1) is not required if —
(a)before 1 November 2016 —
(i)the clinical research material was a medicinal product under the Medicines Act 1975; and
[S 430/2023 wef 31/12/2021]
(ii)the import of the product was permitted by the licensing authority under that Act in connection with any clinical trial regulated under the Medicines (Clinical Trials) Regulations (Rg 3); and
[S 430/2023 wef 31/12/2021]
(b)the clinical research material is imported in accordance with the permission.
Approval for import of consignments of clinical research materials containing psychotropic substances
5.—(1)  Despite regulation 3(2), an importer must not import any clinical research material that is a therapeutic product and that contains any psychotropic substance, except under and in accordance with a prior approval of the Authority for each consignment of the material to be imported.
[S 108/2021 wef 01/03/2021]
(2)  An application for an approval under paragraph (1) must —
(a)be made in the form and manner specified on the Authority’s website;
(b)be accompanied by such particulars, information, documents and samples as the Authority may require; and
(c)be accompanied by the relevant fee.
[S 452/2022 wef 01/07/2022]
(3)  Upon receiving an application under this regulation, the Authority may approve the application or refuse to approve the application.
(4)  The Authority may subject its approval to such conditions as the Authority thinks necessary and may, from time to time, by notice in writing to the person granted the approval —
(a)modify or remove any condition of the approval; or
(b)impose any new condition on the approval.
(5)  The conditions referred to in paragraph (4) may include a condition limiting the quantity which may be imported in the consignment under the approval, and different limits may be imposed under different approvals.
(6)  The Authority may, at any time, suspend or revoke any approval.
(7)  To avoid doubt, this regulation applies in addition to regulation 4.
(8)  In this regulation, “prior approval of the Authority” includes a permission given before 1 November 2016 by the licensing authority under the Medicines Act 1975, for the importer to import a consignment of the clinical research material on or after that date in accordance with the conditions of the permission (if any).
[S 430/2023 wef 31/12/2021]
Approval for export of consignments of certain clinical research materials
6.—(1)  This regulation applies to any clinical research material that is a therapeutic product and that —
(a)contains any psychotropic substance; or
(b)is a codeine cough preparation.
[S 108/2021 wef 01/03/2021]
(2)  Despite regulation 3(3), the person must not export the clinical research material except under and in accordance with a prior approval of the Authority for each consignment of the material to be exported.
(3)  An application for an approval under paragraph (2) must —
(a)be made in the form and manner specified on the Authority’s website;
(b)be accompanied by such particulars, information, documents and samples as the Authority may require; and
(c)be accompanied by the relevant fee, if the material contains any psychotropic substance.
[S 452/2022 wef 01/07/2022]
(4)  Upon receiving an application under this regulation, the Authority may approve the application or refuse to approve the application.
(5)  The Authority may subject its approval to such conditions as the Authority thinks necessary and may, from time to time, by notice in writing to the person granted the approval —
(a)modify or remove any condition of the approval; or
(b)impose any new condition on the approval.
(6)  The Authority may, at any time, suspend or revoke any approval.
(7)  In this regulation, “codeine cough preparation” means a therapeutic product that —
(a)is in liquid or solid form;
(b)contains codeine or its salts; and
(c)is intended for the treatment of coughs.
[S 730/2021 wef 01/10/2021]
Notification of supply of clinical research material by manufacturer
7.—(1)  Regulation 3(3) and (4) applies to a supply of clinical research material by a person who manufactures the material (called in these Regulations a manufacturer) only if the manufacturer gives the Authority notice of the supply before the manufacturer supplies the material.
(2)  The notice must be given in the form and manner, and within the time specified, on the Authority’s website.
(3)  This regulation does not apply if the manufacture of the clinical research material being supplied comprises solely of the packaging or labelling of the material.
PART 3
MANUFACTURE AND IMPORT
OF CLINICAL RESEARCH MATERIALS
Manufacture and import of clinical research materials
8.—(1)  A manufacturer of any clinical research material, or an importer of such material, must ensure that the material is of the correct identity and conforms with the applicable standards of strength, quality and purity for the material.
(2)  Despite paragraph (1), where the manufacturer of the clinical research material only packages or labels the material, the manufacturer need only ensure that the material is of the correct identity.
PART 4
SUPPLIES OF CLINICAL RESEARCH MATERIALS
Supply only as clinical research material
9.—(1)  A person who manufactures, imports or is supplied with any clinical research material under regulation 3(1), (2), (3) or (4) must only supply the material for the purpose of being used in any clinical research in accordance with the protocol for the research.
(2)  Despite paragraph (1), the person may supply the clinical research material for a purpose other than that specified in paragraph (1) if the Authority has allowed such supply.
(3)  To avoid doubt, as from the time that the Authority has allowed the supply for a purpose other than that specified in paragraph (1) —
(a)the clinical research material in question ceases to be clinical research material; and
(b)nothing in these Regulations prevents the clinical research material which ceases to be such, from being subject to any law relating to therapeutic products or CTGT products.
[S 108/2021 wef 01/03/2021]
10.  [Deleted by S 730/2021 wef 01/10/2021]
Supply to subject of prescription‑only or pharmacy‑only medicine
11.—(1)  This regulation applies to a supply of any clinical research material that is prescription‑only medicine or pharmacy‑only medicine to a subject in any clinical research that is not a regulated clinical trial.
(2)  A person must not make the supply unless —
(a)the person is specified in the first column of Part 1 of the Second Schedule; and
(b)the person makes the supply in the circumstances specified against the person in the second column of Part 1 of the Second Schedule.
Supply to subject by administration of prescription‑only medicine
12.  A person must not administer any clinical research material that is prescription‑only medicine to a subject in any clinical research unless —
(a)the person is a qualified practitioner; or
(b)the person administers the material in accordance with the instructions of a qualified practitioner.
Supply of clinical research material properly labelled
13.—(1)  For the purpose of section 18 of the Act, a person must not supply any clinical research material for the purpose of being used in any regulated clinical trial, unless it is labelled in accordance with the Second Schedule to the Health Products (Clinical Trials) Regulations 2016 (G.N. No. S 331/2016); except that paragraph 1(1)(d), (2)(a) to (d) and (g), (3)(a) to (d), (g) and (j) and (4)(a), (b), (e) and (h) of that Schedule does not apply if the supply is by wholesale.
(2)  For the purpose of section 18 of the Act, a person must not supply any other clinical research material unless it is labelled in accordance with the requirements set out in the Third Schedule.
 
Made on 14 July 2016.
KANDIAH SATKUNANANTHAM
Chairman,
Health Sciences Authority,
Singapore.
[HSA 401:04/05-000; HSA/LPPD/711-12/57-000; AG/LEGIS/SL/122D/2015/2 Vol. 1]
(To be presented to Parliament under section 72(5) of the Health Products Act).

Archived for legal research. Authoritative version at sso.agc.gov.sg.