PART VIII | DUTIES AND OBLIGATIONS OF MANUFACTURERS, IMPORTERS, ETC., OF MEDICAL DEVICES |
| Duty of licensees, suppliers and registrants to comply with enforcement orders |
31.—(1) A licensee, supplier or registrant of a medical device shall, if required by the Authority or an enforcement officer —| (a) | produce his licence or certificate of registration, or such other document as the Authority or enforcement officer may specify for ensuring compliance with the Act, to the Authority or enforcement officer for inspection; | | (b) | furnish the Authority or enforcement officer with such information as the Authority or enforcement officer may require for ensuring compliance with the Act; and | | (c) | attend at such place as the Authority or enforcement officer may specify to produce that licence, certificate or other document or furnish that information. |
(2) An enforcement officer may conduct routine inspections of —| (a) | any premises that are being used for the manufacture, supply or storage of medical devices; and | | (b) | any conveyances that are being used for the transport of medical devices. |
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(3) An enforcement officer conducting an inspection under paragraph (2) may —| (a) | require the person having possession or control of any medical device that is found during the inspection —| (i) | to furnish, without charge, a sample of the medical device for the Authority’s examination; or | | (ii) | to send, at the person’s own cost, a sample of the medical device to a testing laboratory approved by the Authority to carry out such tests as the Authority may require within the time specified by the Authority or, if no time is specified, within a reasonable time; and |
| | (b) | take or cause to be taken any photograph of —| (i) | the premises or conveyance mentioned in paragraph (2); or | | (ii) | any property or material found on the premises or conveyance. [S 318/2018 wef 01/06/2018] |
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| (3A) Where a person having possession or control of a medical device is required to send a sample of the medical device for testing under paragraph (3)(a)(ii), the person must furnish a copy of the results of the test to the Authority within such time as the Authority may specify. [S 318/2018 wef 01/06/2018] |
(4) A licensee, supplier or registrant of a medical device whose premises are being used for the manufacture, supply or storage of medical devices, or whose conveyances are being used for the transport of medical devices, shall allow an enforcement officer —| (a) | to conduct routine inspections of those premises or conveyances; and | | (b) | to take, without payment, for testing, examination or analysis a sample of any medical device that is found pursuant to the inspection. |
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| (5) Any person who contravenes paragraph (1) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Duty to comply with conditions of licence or registration |
32.—(1) A manufacturer, importer, supplier or registrant of any medical device shall comply with such conditions, for the grant to the manufacturer, importer, supplier or registrant of any licence in respect of that medical device, or for the registration of that medical device, as the Authority may impose.| (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (3) Without prejudice to paragraph (2), the Authority may suspend or cancel the licence or registration, as the case may be, which the Authority has granted to a person, if that person contravenes paragraph (1). |
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33. Despite any other provision in this Part, a manufacturer of a medical device —| (a) | must ensure, and maintain objective evidence to establish, that the medical device complies with the safety and performance requirements for the medical device set out on the Authority’s website; | | (b) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling, storage and distribution of the medical device as are necessary to prevent the deterioration of the medical device while it is in the manufacturer’s ownership, possession or control; | | (c) | if the manufacturer is the holder of a manufacturer’s licence for the medical device —| (i) | must ensure, and maintain objective evidence to establish, that the manufacture of the medical device complies with the requirements of ISO 13485; | | (ii) | must provide and maintain such staff, premises, equipment and facilities as are necessary for carrying out, in accordance with the licence, the manufacture of the medical device; | | (iii) | must not carry out the manufacture of the medical device in any premises other than the premises specified in the licence; | | (iv) | must not use, for the purposes of handling or storing the medical device, any premises other than the premises specified in the licence, or any other premises that the Authority may approve from time to time; | | (v) | must arrange, at the manufacturer’s own cost, for a testing laboratory approved by the Authority to carry out such tests as are necessary to ensure the safety, quality and performance of the medical device, and that the medical device complies with the safety and performance requirements for the medical device mentioned in paragraph (a); and | | (vi) | must, if the Authority requires in writing, furnish a copy of the results of the tests mentioned in sub‑paragraph (v) to the Authority within such time as the Authority may specify; and |
| | (d) | must conduct all manufacturing operations in such a way as to ensure that the medical device is not wrongly labelled as another type of medical device. [S 318/2018 wef 01/06/2018] |
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34.—(1) Despite any other provision in this Part, an importer of a medical device —| (a) | must ensure, and maintain objective evidence to establish, that the medical device complies with the safety and performance requirements for the medical device set out on the Authority’s website; | | (b) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling and storage of the medical device as are necessary to prevent the deterioration of the medical device while it is in the importer’s ownership, possession or control; | | (c) | if the importer is the holder of an importer’s licence for the medical device —| (i) | must, if required under these Regulations, ensure, and maintain objective evidence to establish that, the handling and storage of the medical device complies with the requirements of the Good Distribution Practice Standard for Medical Devices or ISO 13485; and | | (ii) | must not use, for any purpose mentioned in sub‑paragraph (b), any premises other than the premises specified in the licence, or any other premises that the Authority may approve from time to time; and |
| | (d) | must import only medical devices that are authorised to be imported by —| (i) | the registrant of the medical device; | | (ii) | the product owner of the medical device; or | | (iii) | any other person approved by the Authority. |
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| (2) Paragraph (1)(d) does not apply to the import of any medical device in accordance with regulation 4C. [S 318/2018 wef 01/06/2018] |
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35. Despite any other provision in this Part, a wholesaler of a medical device —| (a) | must supply the medical device by wholesale only to a person who may lawfully supply such medical devices in accordance with the Act and these Regulations; | | (b) | must provide and maintain, or ensure the provision and maintenance of, such staff, premises, equipment and facilities for the handling, storage and distribution of the medical device as are necessary to prevent the deterioration of the medical device while it is in the wholesaler’s ownership, possession or control; and | | (c) | if the wholesaler is the holder of a wholesaler’s licence for the medical device —| (i) | must, if required under these Regulations, ensure, and maintain objective evidence to establish, that the handling, storage and distribution of the medical device complies with the requirements of the Good Distribution Practice Standard for Medical Devices or ISO 13485; and | | (ii) | must not use, for any purpose mentioned in paragraph (b), any premises other than the premises specified in the licence, or any other premises that the Authority may approve from time to time. [S 318/2018 wef 01/06/2018] |
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| Duty of supplier of unregistered Class A medical devices to furnish information |
| 35A. Where a medical device would have been assigned to Class A according to regulation 24 had it been registered and the medical device is supplied without being registered in accordance with the requirements specified in regulation 10B, the Authority may, under section 41(1) of the Act, by notice in writing, require the supplier of the medical device to furnish to the Authority, within such time as may be specified in the notice, the name, address and licence number of the manufacturer or wholesaler, as the case may be, from whom the supplier obtained the medical device. [S 169/2012 wef 01/05/2012] |
| Duty of registrant to ensure compliance with safety and performance requirements |
| 36. A registrant of a medical device shall ensure, and maintain objective evidence to establish, that the medical device complies with the safety and performance requirements for the medical device set out on the Authority’s website. [S 318/2018 wef 01/06/2018] |
36A.—(1) This regulation applies in relation to any medical device manufactured under regulation 3A, imported under regulation 4C or supplied under regulation 5B or 10A.(2) Without prejudice to regulation 13A, a person must not use the medical device, and the sponsor must ensure that no person involved in the clinical research uses the medical device except —| (a) | for a clinical purpose in the research, and where the research requires approval of an institutional review board, with the approval of that board; or | | (b) | for some other use that the Authority has allowed and no other. |
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| (3) To avoid doubt, as from the time that the Authority has allowed the other use mentioned in paragraph (2)(b), the medical device ceases to be a medical device whose planned use is, or which must be used, for a clinical purpose in any clinical research for the purposes of these Regulations; but continues to be subject to any applicable law relating to medical devices (including these Regulations). |
| (4) Unless the Authority otherwise allows, the sponsor must ensure that, within 6 months after the conclusion or termination of the clinical research, any unused medical device for that research is disposed of or exported. |
| (5) Any person who contravenes paragraph (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
(6) In this regulation, “unused medical device” means any medical device referred to in paragraph (1) that —| (a) | is not used in the clinical research (including where the medical device cannot or can no longer be used in the research); or | | (b) | is reusable after the conclusion or termination of the clinical research. [S 334/2016 wef 01/11/2016] |
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| Offence for contravention of duties |
| 37. Any person who contravenes regulation 33, 34, 35 or 36 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
| Duty to maintain records of manufacture |
38.—(1) A manufacturer of a medical device shall maintain records of —| (a) | such information relating to the medical device and its manufacture or assembly as the Authority may specify; and | | (b) | the manufacture of each batch of the medical device and of the tests carried out thereon, in such manner as the Authority may specify. |
(2) The manufacturer shall maintain the records referred to in paragraph (1) for the longer of the following periods:| (a) | the projected useful life of the medical device; or | | (b) | 2 years after the date on which the medical device is supplied to another person. |
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| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Duty to maintain records of supply |
39.—(1) A person who —| (a) | is a manufacturer, an importer, a wholesaler or a registrant of a medical device; | | (b) | manufactures a medical device without holding a manufacturer’s licence under section 12(1) of the Act in accordance with regulation 3; | | (c) | supplies a custom‑made medical device or laboratory‑developed test that is an unregistered medical device in accordance with regulation 6; | | (d) | supplies a refurbished medical device mentioned in regulation 7 as in force immediately before 1 June 2018; or | | (e) | supplies an unregistered medical device in accordance with regulation 7, 8, 9, 10 or 11, |
| must comply with the requirements in paragraph (1A). |
[S 318/2018 wef 01/06/2018] (1A) The requirements mentioned in paragraph (1) are —| (a) | to maintain a record of every supply by the person of the medical device; and | | (b) | to produce the record mentioned in sub‑paragraph (a) for inspection by the Authority or an enforcement officer as and when the Authority or enforcement officer requires. [S 318/2018 wef 01/06/2018] |
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| (1B) In paragraph (1)(d), “refurbished medical device” has the same meaning as in regulation 2 as in force immediately before 1 June 2018. [S 318/2018 wef 01/06/2018] |
(2) A person referred to in paragraph (1) shall ensure that every record referred to in that paragraph —| (a) | contains, in relation to each supply by him of the medical device, the following information:| (i) | the proprietary name or description of the medical device; | | (ii) | the date on which the medical device was supplied; | | (iii) | the name and address of the person to whom the medical device was supplied; | | (iv) | the quantity of the medical device supplied; and | | (v) | the identification number or mark (including the control number, lot number, batch number or serial number) of the medical device supplied; and |
| | (b) | is retained for the longer of the following periods:| (i) | the projected useful life of the medical device; or | | (ii) | 2 years after the date on which the medical device is supplied to another person. |
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| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
| (5) This regulation does not apply to a medical device which is supplied for a clinical purpose in any clinical research. [S 334/2016 wef 01/11/2016] |
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| Duty to maintain records of receipt and supply in relation to medical devices for clinical research |
39A.—(1) Every person who supplies any medical device whose planned use is for a clinical purpose in any clinical research (including a person who manufactures or imports the medical device, and supplies the medical device) must —| (a) | maintain a record relating to every receipt (where applicable) and every supply by the person of the medical device; and | | (b) | produce such record for inspection by the Authority or an enforcement officer as and when required by the Authority or enforcement officer. |
(2) A person referred to in paragraph (1) must ensure that every record referred to in that paragraph —| (a) | contains, in relation to (where applicable) each receipt, and each supply, by the person of the medical device, all of the following information:| (i) | the proprietary name or description of the medical device; | | (ii) | the date on which the medical device was received and supplied; | | (iii) | the name and address of the person from whom and to whom the medical device was received and supplied; | | (iv) | the quantity of the medical device received and supplied; and | | (v) | the identification number or mark (including the control number, lot number, batch number or serial number) of the medical device received and supplied; and |
| | (b) | is retained for the following periods:| (i) | for any registered medical device used in a regulated clinical trial or any medical device used in any clinical research that is not a regulated clinical trial, the longer of the following periods:| (A) | the projected useful life of the medical device; | | (B) | 2 years after the date on which the medical device is supplied; |
| | (ii) | for any unregistered medical device used in a regulated clinical trial, the period for which records must be kept under regulation 23(2)(c) of the Health Products (Clinical Trials) Regulations 2016 (G.N. No. S 331/2016) or regulation 23(2)(c) of the Medicines (Clinical Trials) Regulations 2016 (G.N. No. S 335/2016), as the case may be. |
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| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [S 334/2016 wef 01/11/2016] |
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| Duty to maintain records of use and disposal, etc., in relation to medical devices for clinical research |
39B.—(1) The sponsor referred to in regulation 36A(2) or (4) must —| (a) | maintain a record of the putting to some other use, disposal or export of a medical device under that provision; and | | (b) | produce such record for inspection by the Authority or an enforcement officer as and when required by the Authority or enforcement officer. |
(2) The sponsor referred to in paragraph (1) must ensure that every record referred to in that paragraph —| (a) | contains all of the following information in relation to each medical device which is put to some other use, disposed of or exported:| (i) | the proprietary name or description of the medical device; | | (ii) | the date on which the medical device was put to the other use, disposed of or exported; | | (iii) | the name and address of the person responsible for the putting to the other use, disposal or export, of the medical device; | | (iv) | the quantity of the medical device put to the other use, disposed of or exported; | | (v) | the identification number or mark (including the control number, lot number, batch number or serial number) of the medical device; and |
| | (b) | is retained —| (i) | for any registered medical device used in a regulated clinical trial or any medical device used in any clinical research that is not a regulated clinical trial, for 2 years after the time when the medical device is put to some other use, is disposed of or is exported, as the case may be; or | | (ii) | for any unregistered medical device used in a regulated clinical trial, for the period for which records must be kept under regulation 23(2)(c) of the Health Products (Clinical Trials) Regulations 2016 (G.N. No. S 331/2016) or regulation 23(2)(c) of the Medicines (Clinical Trials) Regulations 2016 (G.N. No. S 335/2016), as the case may be. |
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| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which the person knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. [S 334/2016 wef 01/11/2016] |
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| Qualified practitioners to maintain records of implantable medical devices |
40.—(1) A qualified practitioner who has introduced into the body of a person an implantable medical device listed in the Fifth Schedule shall maintain proper records of the following matters:| (a) | the name, address and national registration identity card number (if any) of that person; | | (b) | the date on which the implantable medical device was introduced into the body of that person; | | (c) | the name and description of the implantable medical device; [S 318/2018 wef 01/06/2018] | | (d) | the lot or batch number of the implantable medical device; [S 318/2018 wef 01/06/2018] | | (e) | the name of the manufacturer, product owner or supplier of the implantable medical device; [S 318/2018 wef 01/06/2018] | | (f) | the model number or catalogue number of the implantable medical device. [S 318/2018 wef 01/06/2018] |
| (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(3) Any person who in compliance or purported compliance with paragraph (1) —| (a) | wilfully makes, or causes to be made, a false entry in any record required to be maintained under that paragraph; or | | (b) | wilfully omits to make an entry required to be made by him in any such record, |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Duty to maintain records of complaints |
41.—(1) A person who —| (a) | is a manufacturer, an importer, a wholesaler or a registrant of a medical device; | | (b) | manufactures a medical device without holding a manufacturer’s licence under section 12(1) of the Act in accordance with regulation 3; | | (c) | supplies a custom‑made medical device or laboratory‑developed test that is an unregistered medical device in accordance with regulation 6; | | (d) | supplies a refurbished medical device mentioned in regulation 7 as in force immediately before 1 June 2018; or | | (e) | supplies an unregistered medical device in accordance with regulation 7, 8, 9, 10 or 11, |
| must comply with the requirements in paragraph (1A). |
[S 318/2018 wef 01/06/2018] (1A) The requirements mentioned in paragraph (1) are —| (a) | to maintain a record of every complaint received by the person pertaining to the medical device; and | | (b) | to produce the record mentioned in sub‑paragraph (a) for inspection by the Authority or an enforcement officer as and when the Authority or enforcement officer requires. [S 318/2018 wef 01/06/2018] |
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| (1B) In paragraph (1)(d), “refurbished medical device” has the same meaning as in regulation 2 as in force immediately before 1 June 2018. [S 318/2018 wef 01/06/2018] |
(2) A person referred to in paragraph (1) shall ensure that every record referred to in that paragraph —| (a) | contains the following information:| (i) | the proprietary name or description of the medical device that is the subject of the complaint; | | (ii) | the date on which the complaint was received; | | (iii) | the name and address of the complainant or, if unavailable, a unique identifier for the complaint; | | (iv) | the identification number or mark (including the control number, lot number, batch number or serial number) of the medical device; and | | (v) | the nature of the problem that is the subject of the complaint; and |
| | (b) | is retained for at least 5 years after the expiry of the projected useful life of the medical device. |
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| (3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Reporting of defects and adverse effects |
42.—(1) For the purposes of section 42(1) of the Act, every manufacturer, importer, supplier or registrant of a medical device, whether registered or unregistered, shall, upon becoming aware of any defect in the medical device or any adverse effect that has arisen from the use thereof, inform the Authority of the defect or adverse effect within the following time delimited after the manufacturer, importer, supplier or registrant first becomes aware of the defect or adverse effect:| (a) | within 48 hours, if the information relates to any defect or adverse effect that represents a serious threat to public health; | | (b) | within 10 days, if the information relates to an incident that has led to the death, or a serious deterioration in the state of health, of a patient, a user of the medical device or any other person; and | | (c) | within 30 days, if the information relates to an incident a recurrence of which might lead to the death, or a serious deterioration in the state of health, of a patient, a user of the medical device or any other person. |
(2) For the purposes of paragraph (1)(a), a defect in, or an adverse effect that has arisen from the use of, a medical device, represents a serious threat to public health if —| (a) | it is a hazard arising from a systematic failure of the medical device that the manufacturer, importer, wholesaler or registrant of the medical device has become aware of; | | (b) | it may lead to the death of, or a serious injury to, any person; | | (c) | the existence or probable rate of occurrence of, or degree of severity of the harm caused by, the hazard was not previously known or anticipated by the manufacturer or product owner of the medical device; and | | (d) | it is necessary for the manufacturer or product owner of the medical device to take prompt action (including the recall of the medical device) to eliminate, or reduce the risk of, the hazard. |
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| Reporting of information adversely affecting quality, safety or efficacy of medical device |
43.—(1) Every licensee or registrant of a medical device shall, within 15 days after receiving any information which adversely affects the validity of any data furnished by him to the Authority relating to the quality, safety or efficacy of any medical device to which his licence or registration relates, inform the Authority of such information.| (2) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (3) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority with any information which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Notification to Authority concerning recall |
44.—(1) For the purposes of section 44(1) of the Act, every manufacturer, importer, supplier or registrant of a medical device who intends to recall the medical device shall notify the Authority of the intended recall at least 24 hours before the time of the intended recall.| (2) The notification referred to in paragraph (1) shall be made in such form and manner as the Authority may require. |
(3) Where the Authority has been notified of the intended recall of a medical device under paragraph (1), the Authority may by notice in writing require the manufacturer, importer, supplier or registrant of the medical device to do either or both of the following:| (a) | inspect the medical device and provide a report of the findings of the inspection; | | (b) | take such other measures as the Authority thinks necessary. |
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| (4) Any person who fails to comply with a notice given to him by the Authority under paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
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| Duty to furnish report on recall |
| 45.—(1) Every manufacturer, importer, supplier or registrant of a medical device who recalls the medical device must furnish to the Authority a report on the recall no later than the 21st day after the date of the commencement of the recall, or such longer period as the Authority may allow in the particular case. [S 318/2018 wef 01/06/2018] | (2) The report referred to in paragraph (1) shall be made in such form and manner, and shall contain such information relating to the recall, as the Authority may require. [S 318/2018 wef 01/06/2018] |
| (3) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority with any report which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Notification to Authority concerning field safety corrective action |
46.—(1) Every manufacturer, importer, supplier or registrant of a medical device shall, before carrying out any field safety corrective action in relation to a medical device, notify the Authority of the intended field safety corrective action.| (2) The notification referred to in paragraph (1) shall be made in such form and manner as the Authority may require. |
(3) Where the Authority has been notified of any intended field safety corrective action in relation to a medical device under paragraph (1), the Authority may, by notice in writing, require the manufacturer, importer, supplier or registrant of the medical device to do either or both of the following:| (a) | issue or cause to be issued, to such persons as the Authority may specify or to the general public, a statement informing them of the field safety corrective action; | | (b) | take such other measures as the Authority thinks necessary. |
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| (4) Any person who contravenes paragraph (1) or fails to comply with a notice given to him by the Authority under paragraph (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (5) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority with any notification which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Duty to furnish report on field safety corrective action |
| 47.—(1) Every manufacturer, importer, supplier or registrant of a medical device who carries out any field safety corrective action in relation to the medical device must furnish to the Authority a report on the field safety corrective action no later than the 21st day after the date of the commencement of the field safety corrective action, or such longer period as the Authority may allow in the particular case. [S 318/2018 wef 01/06/2018] | (2) The report referred to in paragraph (1) shall be made in such form and manner, and shall contain such information relating to the field safety corrective action, as the Authority may require. [S 318/2018 wef 01/06/2018] |
| (3) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
| (4) Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority with any report which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Changes affecting licence |
48.—(1) Every licensee shall notify the Authority of —| (a) | any change or proposed change to any particulars furnished by him to the Authority in relation to his application for his licence; and | | (b) | any change or proposed change that significantly affects the activities of the licensee that are authorised by his licence. |
(2) A notification under paragraph (1) shall —| (a) | be made in such form and manner as the Authority may require; | | (b) | be submitted within such time as the Authority may specify in the conditions of the licence; | | (c) | be accompanied by such particulars, information, documents and samples as the Authority may require; | | (d) | be accompanied by the relevant notification fee specified in the Fees Regulations, if any; and [S 318/2018 wef 01/06/2018] [S 456/2022 wef 01/07/2022] | | (e) | if required by the Authority, be accompanied by a statutory declaration by the licensee verifying any information contained in or relating to the notification. |
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| (3) A licensee shall not, without the approval of the Authority, make any change that significantly affects the activities of the licensee that are authorised by his licence. |
| (4) An application for the Authority’s approval under paragraph (3) shall be made in such form and manner as the Authority may specify on the Authority’s website. |
(5) For the purposes of paragraphs (1) and (3), a change that significantly affects the activities of a licensee that are authorised by his licence includes (but is not limited to) a change of one or more of the following:| (a) | the premises where the licensee operates; | | (b) | the facilities and equipment used by the licensee; | | (c) | the operations and processes carried out by the licensee; | | (d) | the personnel responsible for supervising the operations and processes carried out by the licensee. |
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| (6) Any licensee who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(7) Any licensee who —| (a) | in compliance or purported compliance with paragraph (1), furnishes the Authority with any notification under paragraph (1) which he knows is false or misleading; or | | (b) | contravenes paragraph (3), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Changes concerning registered medical device |
49.—(1) A registrant of a registered medical device must, unless the change is of a type specified on the Authority’s website to be one for which the Authority’s approval is not required, obtain prior approval from the Authority before effecting —| (a) | any change or proposed change to any particulars provided in relation to the registration of the medical device; and | | (b) | any change or proposed change that may affect the safety, quality or efficacy of the medical device. [S 318/2018 wef 01/06/2018] |
(2) An application for the Authority’s approval under paragraph (1) shall —| (a) | be made in such form and manner as the Authority may require; | | (b) | be submitted within such time as the Authority may specify in the conditions of the registration of the medical device; | | (c) | be accompanied by such particulars, information, documents and samples as the Authority may require; | | (d) | be accompanied by the relevant fee specified in the Fees Regulations; and [S 318/2018 wef 01/06/2018] [S 456/2022 wef 01/07/2022] | | (e) | if required by the Authority, be accompanied by a statutory declaration by the registrant verifying any information contained in or relating to the notification. [S 318/2018 wef 01/06/2018] |
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| (3) Where any change made to a registered medical device may affect the safety, quality or efficacy of the medical device, the registrant of the medical device shall ensure that the medical device is not supplied until after the Authority has given its approval for the change. |
| (4) [Deleted by S 318/2018 wef 01/06/2018] |
| (5) Any registrant of a registered medical device who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both. |
(6) Any registrant of a registered medical device who —| (a) | in compliance or purported compliance with paragraph (1), furnishes the Authority with any notification under paragraph (1) which he knows is false or misleading; or | | (b) | contravenes paragraph (3), |
| shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| (7) For the avoidance of doubt, any reference to a change or proposed change referred to in paragraph (1)(a) does not include any such change by reason only of the registered medical device ceasing to be registrable by virtue of regulation 10B. [S 169/2012 wef 01/05/2012] |
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