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![]() Frequently asked question about Registration, Licensing & Enforcement Please refer to document:
Please refer to document: All establishments, ie manufacturer, authorised representative (AR), importer and distributor must apply for establishment licence. However, only manufacturer and AR need to apply for medical device registration. A distributor is a person or company appointed by an AR (for medical device manufactured in foreign country) or a manufacturer (for locally manufactured medical device) to further medical devices registered by the AR or the manufacturer into the Malaysian market. A distributor shall only distribute registered medical devices authorized and on behalf of the AR or the manufacturer. A distributor shall obtain an establishment license to conduct its activity. A distributor is a person or company appointed by an AR (for medical device manufactured in foreign country) or a manufacturer (for locally manufactured medical device) to further medical devices registered by the AR or the manufacturer into the Malaysian market. A distributor shall only distribute registered medical devices authorized and on behalf of the AR or the manufacturer. A distributor shall obtain an establishment license to conduct its activity. There is no issue if the name of the distributor differs with the name of the manufacturer. However, an AR cannot be the brand owner. Various people or entities who are responsible for procurement, transportation, delivery, storage, device tracking, installation, commissioning, service, maintenance and calibration, need to be appropriately managed and regulated to ensure safety and performance of medical devices at the point of use. The level of risks associated with these activities may be of similar degree as those in the manufacturing environment and the lack of control over these activities may affect safety and performance of the devices. GDPMD specifies the requirements for a quality management system (QMS) to be established, implemented and maintained by an establishment in carrying out activities in medical device supply-chain to comply with medical device regulatory requirements as stipulated in Act 737 and its subsidiary legislations. GDPMD requires an establishment to demonstrate its ability to maintain quality, safety and performance of medical devices in compliance with the regulatory requirements throughout the supply-chain. The requirement for GDPMD is stipulated as the QMS requirement for those involved in medical device supply chain, namely the AR, importer and distributor as required para 11 of Third Schedule of MDR2012. GDPMD is a requirement for establishment licensing of distributor. It is a type of QMS to ensure the safety and performance throughout the medical device supply chain. The GDPMD will be assessed and certified by the CAB. The certificate issued by the CAB shall be submitted as part of the requirements for establishment license application. Only certain non-confidential information on licensed establishments and registered medical devices will be made available for public access. Sections 67, 68 and 69 of Act 737 and Regulations 21 and 22 of MDR2012 give the provisions on how the Authority shall handle the information. No, as long as they do not involve in any activities related to distribution. Tendering agent are strictly for the purpose of procurement with the government hospital You may asked for the copy of establishment licensing certificate directly from your manufacturer/ Authorized representative (AR) / distributor. It is a requirement for Ministry of Health procurement division to ascertain that this products are from a licensed establishment and registered. MDA will not provide any letter for tendering agent. If they are still facing a problem, the tendering agent may call directly to MDA. Requirement for CAB recognition must be from a local CAB in Malaysia that are registered under Section 10, Act 737. For manufacturer, it is required to have ISO 13485, not GDPMD Please write an official letter to MDA to notify us on this Establishment can apply establishment license once they get provisional certificates. Establishment need to update MDA once they get full certificates. If the distributor is not licensed, then, as AR, you are responsible to not appoint the establishment as your distributor. If our Singapore office staff is handling everything in Singapore, is this acceptable? Answer If the medical device is place in Malaysia market, then it is subjected to Act in Malaysia. AR must have licensed and domicile in Malaysia MDA will refer to legal manufacturer only. Answer MDA will take action to the individual involve, not only the establishment under Malaysian act No, you have to get the scope for implantable Process output for establishment license for 2015 KPI – 21 working days with complete application Yes, you still can do the placement in Malaysia market and the medical device are responsible by the Authorised Representative AR license can be used to represent many different manufacturer and many products; However, only one (1) product must be represent by one (1) AR Have to write to MDA and application will be open for changes. In future we will come out with system that will allow changes notification can be done anytime. Currently, write to us and MDA will facilitate for additional necessary changes. If changes of certificate, the latest certificate must be submitted to MDA. E.g. changes of manufacturing sites for GDPMD/ISO 13485, certificate must be submitted to MDA together with the application for amendment.
Where can we check list of company that has already obtained establishment licence and GDPMD status?
The system is still on-going process of upgrading. So, it will be listed on the website once the system is ready. Contract manufacturer only doing manufacturing for other brand owner but didn’t own the brand. Criteria for manufacturer: Brand owner; and Do manufacturing activities themselves or outsource to OEM AELB licensed for Act 304 and for MDA, Act 737. For radiation apparatus such as x-ray, it is consider as medical device. Thus, the company need to have a licensed and registered the medical device under MDA. It can be treated as one and it can be combine in the certification of ISO 13485- during certification process CAB have to access all the plants and covered under 1 certificate Refer to Act 737; Assessment procedure must be carried out by a registered CAB. Need to have the establishment license. To comply with the requirement you have to get the GDPMD certificate. As a distributor, you need a letter of authorization from the AR or Manufacturer. U also have to keep the distribution record and you will be the first point of complaint and after that you have to pass it to the AR. AR can have many distributor around Malaysia. As a distributor no need to apply product registration. MDA will know what types of product that distributor sell under AR. AR, distributor and importer must be certified on GDPMD The different between retailer and distributor, the AR must appoint you as the distributor whereas for retailer like a pharmacy outlet didn’t need the authorization from AR. Distributor need authorization letter and have a lot of stock. The concept we have in our law is the manufacture can appoint distributor. Whoever appointed, it is a distributor and after distributor is no more. Once distributor distribute to other company that is not distributor A part of distributor responsibilities, it must make sure that reseller/retailer is operating with the requirement of the law. For example, they can ask you to certify for GDPMD but not a purpose of obtaining the licence. Distributor must make sure that product safe until it reach to consumer. If anything wrong to the product, the distributor will take the responsibilities. If distributor cannot control the reseller, then the reseller can obtain GDPMD because they will be audited and to ensure the product in a good condition. The product already sold to the user, so the user keeps their stock in the central store; there are not distributor responsibilities anymore. The second level and third level are not covered by the Law. Definitely one brand for one AR, in future the system will able to know it and alert MDA. At these moment, custom department will know, you have to show a letter to prove that you an AR. We will give a licence and list of products. If you cannot show a letter, custom will hold your goods. If somebody else break the law, they declare that goods not a medical device, you should inform us, then our enforcement will come You need to tell us if affect your GDPMD certificate or not, for example previously you are distributing condom, catheter and glove. Suddenly IVD reagent, the requirement for IVD reagent storage and glove will be different so you need to tell us the new GDPMD cover the new product. You have to get confirmation from CAB. CAB will give you report and you need to submit a letter to MDA. Then we will put it in the system your new role. COVID Self-test kit can only be sold by registered pharmacies and healthcare facilities. Manufacturer can also be distributor of its own medical device. ISO 13485 is sufficient if it is for the medical device it manufactures. Distribution is an important activity in the integrated supply-chain of medical device. The activities carrying out by the establishment shall be in accordance with GDPMD throughout the supply-chain of medical device. A retailer that warehouses medical devices need to be under the purview of the distributor and the GDPMD of the distributor will require all storage facilities to be audited. All registered medical device shall comply with labelling requirements as per MDA/GD/0026. The registered medical device shall be labelled with Malaysian medical device Medical device registration number shall be available on the outer box/external packaging. A search can also be made via Medical Device Authority Register (MDAR) mdar.mda.gov.my We wish to inform that we have received applications from several organisations to become registered conformity assessment body (CAB) under the Medical Device Act 2012 (Act 737). Currently we are in the midst of evaluating these applications. However, in the meantime, we notice that some companies are offering training on regulatory requirements of Act 737 including GDPMD. We would like to emphasise that any regulatory training under Act 737 is part of MDA Training Programme. We have never given any authority to anyone or any company to conduct such training and we shall not be liable for any inaccuracies or misinterpretations of the contents of the training conducted by parties other than MDA. List of Registered Conformity Assessment Body (CAB)Medical Device Act 2012 (Act 737, Section 10(1) and Regulation 8, Medical Device Regulation 2012
Any regulatory training under Act 737 is part of MDA Training Programme. MDA has not authorize any party to conduct such training and MDA shall not be liable for any inaccuracies or misinterpretations of the contents of the training conducted by any party other than MDA.
List of Registered Conformity Assessment Body (CAB) Please click link below to check list of registered Conformity Assessment Body (CAB): https://mda.gov.my/industry/conformity-assessment-body-cab/status.html Applicants may begin to register now or within 6 months of the SA/CA approval letter's expiration date. | |||||||||||||||||||||||||||||||||||||||||||||||||||
Note: Any changes to the electronic label shall comply with the specified requirements in Guidance on Change Notification for Registered Medical Devices (MDA/GD/0020).
It is not part of labelling. AR information and registration number shall be on the packaging where the information can be accessed at the point of receiving by the customers/users.
It is allowed to have other regulatory approval information in the labelling. -AR details
Product manual is recommended to be in printed form. However, electronic form is allowed to be provided subject to the following conditions
If the labelling activity alone carried by any company, do they need to comply with any requirements
1. Berkaitan pernyataan "KEMENTERIAN KESIHATAN MALAYSIA", adakah pernyataan ini dibenarkan pada label produk jika kami menyalurkan produk ini ke hospital-hospital swasta, farmasi swasta dan lain-lain institusi selain hospital-hospital awam?. Adakah penggunaan pernyataan tersebut merupakan suatu endorsement dan larangan dalam akta peranti perubatan?
Yes. Refer definition below for home use medical device.
Note 1: Lay person includes patient (care recipient), caregiver (includes non-healthcare professionals), or family member that directly uses the device or provides assistance in using the device. Note 2: A home use medical device requires adequate labelling for the user and may require training for the user by a healthcare professional in order to be used safely and effectively. Yes. Refer definition below for home use medical device.
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Face masks are regulated as medical devices if there are claims or descriptions by the manufacturer that makes the mask or respirator a medical device as defined in Section 2 of Act 737. Generally, face masks fall within this definition are intended for prevention of the transmission of disease (including uses related to COVID-19) and for medical purpose such as for surgical, clinical or use in other health services. The details information can be referred through guidance document on medical face masks and respirator- MDA/GD/0033. The glove is classified as medical device if the intended can fit the definition of medical device in accordance with Section 2 of Act 737. Usually these are labelled as “surgical” or “examination” gloves. It is in accordance with the intended use by the manufacturer and can fit the definition of medical device as stipulated in Section 2 of Act 737. | |||||||||||||||||||||||||||||||||||||||||||||||||||
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![]() FAQ regards on Self Test Kit COVID - 19 under Conditional Approval Route. The COVID-19 rapid test kit (self-test)) is used as a self-administered screening test. It does not A self-test is a rapid antigen test that you can carry out yourself at home while professional for use kit is in point of care settings for both symptomatic and asymptomatic people. This can help healthcare professionals identify a SARS-CoV-2 infection in people Conditional approval application is to be submitted via email at: All licensed establishments with IVD scope in GDPMD may apply Applicant is required to submit completed copies of the following documentation: 1)Submission of complete Application Form A and application fee (Bank Draft rm150) You have to submit Clinical Performance Report: Laymen study is used to review and demonstrate the easy use of the COVID-19 Ag Rapid Saliva Test Device for self-testing. The aim is to check whether the test, including the instructions for use, is easy to understand and in use and whether it can be recommended for personal use The application being rejected if full performance report/Clinical study report does not meet performance criteria. RTK is faster and less intrusive than a Polymerase Chain Reaction (PCR) test. This makes it easy for the public to use to test themselves if needed. In general, RTK have a sensitivity (ability of a test to identify patients with the disease) of about 80% for cases with higher viral loads and a specificity (ability of a test to identify patients without the disease) range of 97-100%. As the sensitivity and specificity of RTKs are lower as compared to PCR tests, if you test RTK-positive or invalid twice, you will need to follow up with a confirmatory PCR test at clinic. You should not repeat the RTK. Even if you do test RTK-negative in the repeated test, it may be a false negative result and hence you need to go for a confirmatory PCR test. Yes, as long as it received conditional approval The COVID-19 RTK (self-test) kit granted conditional approval shall only be sold The COVID-19 RTK (self-test) kit granted conditional approval shall only be sold MDA will issue a Conditional Approval Letter for Covid-19 RTK (self-test). | |||||||||||||||||||||||||||||||||||||||||||||||||||
MDA regulates medical device advertisement through the Medical Device (Advertising) Regulations 2019 and Code of Advertisement (CoA) - MDA/GD/0032 Yes. Restriction for professional use medical device which is not to be sold to the general public. The approved advertisement must have approval number Yes, but must have authorization from the manufacturer or AR. Advertisements for the general public to be posted, displayed or broadcasted shall include MDA advertisement approval number. | |||||||||||||||||||||||||||||||||||||||||||||||||||
Any query or feedback can be submitted to MDA Feedback Management System (FEMES) - WEB https://femes.mda.gov.my | |||||||||||||||||||||||||||||||||||||||||||||||||||
Apply through Medcast 2.0 and follow the steps for registering COVID-19 test kits according to the MDA/GL/07 Guideline for Registration of COVID-19 Test Kits Evaluation Timeline:
Please refer to guideline MDA/GL/07 Guideline for Registration of COVID-19 IVD Test Kits for further information on the main documents for registration, such as the CSDT, EPSP, DOC, Safety and Performance reports, Labeling/IFU/Brochure, and other related documents. No. All COVID-19 test kits will be reviewed based on the criteria set forth by MDA with the help of expert committee.
Yes, applicants may re-apply in Medcast 2.0 for the same lot number / batch number, with a new performance report. Applicants may begin to register now or within 6 months of the SA/CA approval letter's expiration date. No, MDA will send an evaluation letter for the test kit. Any report submitted to the testing facility by the applicant without MDA's Evaluation letter will be rejected. Please contact MDA (registration unit) for more information about the test's technology and principles. Make an appointment to meet with the IVD registration officers if necessary, you refer the directory in MDA’s portal to contact them. (Staff Directory) If there is a new lot number, change notification application is required to be submitted by the applicant under: Category 2 5.5.2 Changes in design or specifications of a registered medical device (c) All changes in specifications (including shelf life and stability) of a registered medical device. Evaluation letter will be provided via email for evaluation of the new lot number in testing facilities. Professional test kits: Performance report for the new lots should be provided. For professional test kit, new lot number will be evaluated by the manufacturer and the report of performance shall be notified to MDA. Self-test kits: For every new lot number, Lot to lot Evaluation is required. It is not compulsory for the Covid-19 test kit to have obtained reference country approval. However, Approval from 5 reference countries should be stated in the CSDT under Executive Summary (Commercial Marketing History) and the related approvals should be uploaded as annexes. The establishment should identify their scenario and provide the appropriate documentation before submitting the application. Refer Table 3 Documents/Information required to be submitted in MDA/GL/07 Yes, all Conditional Approval and Special Access application submitted by 31st January 2022 and currently undergoing evaluation will be processed till the end.
Will the COVID-19 test kit intended to be submitted obtain registration number and last for 5 years?
Yes, the COVID-19 test kit will be registered in Medcast 2.0 system, a registration certificate and registration number will be issued and the validity is 5 years. Yes, multiple AR is allowed for the registration of COVID-19 test kit on Medcast 2.0. The establishment should provide Letter of Authorization (LoA) from the manufacturer.
Can the applicant change the brand name or any details for the product registered under Scenario(a)?
No. New brand requires new registration application. New proprietary name or brand shall be applied separately. Any Adverse Event in regards to the test kit should be reported to PMSV unit. Answer: COVID-19 test kits are classified as Rule 3 Class C. Rationale: e) in determining infectious disease status or immune status, and where there is a risk that an erroneous result will lead to a patient management decision resulting in an imminent life-threatening situation for the patient. Professional and self-test kits should be registered separately. They are different in terms of conditions of use; application should be submitted based on different requirements. Sample of test kits shall be submitted for evaluation to MDA upon Evaluation Officer’s request. In Medcast 2.0 for IVD applications, in section 7.0 CONFORMITY ASSESSMENT, the following should be uploaded:
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Evaluation Timeline: 60 working days Apply through Medcast 2.0 and follow the steps for registering Monkeypox test kits according to the MDA/GL/09 GUIDELINE FOR REGISTRATION OF ORTHOPOXVIRUS (MONKEYPOX) IVD TEST KITS. Please refer to guideline MDA/GL/09 GUIDELINE FOR REGISTRATION OF ORTHOPOXVIRUS (MONKEYPOX) IVD TEST KITS for further information on the main documents for registration, such as the CSDT, EPSP, DOC, Safety and Performance reports, Labelling/IFU/Brochure, and other related documents. Yes. It is necessary to appoint CAB to conduct conformity assessment.
Yes, applicants may re-apply in Medcast 2.0 for the same lot number / batch number, with a new performance report. It is not compulsory for the Monkeypox test kit to have obtained reference country approval. However, Approval from 5 reference countries should be stated in the CSDT under Executive Summary (Commercial Marketing History) and the related approvals should be uploaded as annexes. Refer Table 2 Documents/Information required to be submitted in MDA/GL/09 Yes, the Monkeypox test kit will be registered in Medcast 2.0 system, a registration certificate and registration number will be issued and the validity is 5 years.
Monkeypox test kits are classified as Rule 3 Class C. Rationale: e) in determining infectious disease status or immune status, and where there is a risk that an erroneous result will lead to a patient management decision resulting in an imminent life-threatening situation for the patient. | |||||||||||||||||||||||||||||||||||||||||||||||||||