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EXEMPTION FROM REGISTRATION OF MEDICAL DEVICES
EXEMPTION FROM REGISTRATION OF MEDICAL DEVICES
The Medical Device (Exemption) Order 2016 which has been gazetted on 18 April 2016 has provided an exemption from registration requirement under Section 5 of Act 737 for medical devices for the purpose purposes:
1. The purpose of demonstration for marketing
2. The purpose of education
3. The purpose of clinical research or performance evaluation of medical device
4. A Custom-Made Medical Device; or
5. A Special Access Medical Device
A person who imports or manufactures the above medical device also exempted from the requirement of an establishment license under subsection 15(1) of the Act. However, prior to importation and supplying a device potentially eligible for exemption, manufacturer or importer of the device must submit a notification to Medical Device Authority (MDA). An acknowledgement on the notification issued by the MDA then permits the device to be supplied or imported lawfully for the specific defined use.
Submission of notification
Any local applicant who wishes to import and/or supply of a medical device shall submit notification form together with supporting documents to Chief Executive, Medical Device Authority (MDA) by email. All notification forms and other related forms can be downloaded from the above link.
Exemption Type | Form Name | Download Form | Submission email |
1. Notification of Medical Device for Demonstration for Marketing | bpt@mdb.gov.my | ||
2. Post Handling Notice to MDA : 'Disposed of or Destroyed; or Exported Out of Malaysia’ of Unregistered Medical Device | |||
Notification of Medical Device for the Purpose of Education | bpt@mdb.gov.my | ||
1. Notification to Import and/or Supply Medical Devices for Clinical Investigational Use | ci@mdb.gov.my | ||
2. Notification to Import Medical Devices for Clinical Research Use | |||
3. Serious Adverse Device Events (SADE) | |||
4. Notification for Export /Disposal of Devices Upon Completion /Termination of Clinical Investigation /Drug Study | |||
5. Investigational Device (IDE) Progress Report | |||
6. Notification of Change on Clinical Trial for Medical Devices Use | |||
Custom made | bpt@mdb.gov.my | ||
Special Access | Notification of Unregistered Medical Device for Special Access | bpt@mdb.gov.my |
Detail and further explanation about the forms and other related requirement are describe in guidance document which can be refer here: GD Demonstration , GD Clinical Research .
Payment and Review of the notification
Upon receipt of notification, the authority will issue a payment advice to the applicant. Starting from 28 March 2018 onwards, all notifications shall be accompanied with a fee of RM 300 per notification. All payment shall be made using bank draft payable to “Kumpulan Wang Pihak Berkuasa Peranti Perubatan”. Once the payment clear, then the Authority will review the information and issue an Acknowledgement on Notification / Letter of No Restriction. A processing time of up to 14 working days may be needed upon receipt of notification.
As overall, the notification process can be summarized as in the flow chart below :