{"id":6625,"date":"2023-02-07T10:42:05","date_gmt":"2023-02-07T16:42:05","guid":{"rendered":"https:\/\/casusconsulting.com\/?p=6625"},"modified":"2023-08-16T16:56:16","modified_gmt":"2023-08-16T21:56:16","slug":"frequently-asked-questions","status":"publish","type":"post","link":"https:\/\/casusconsulting.com\/frequently-asked-questions\/","title":{"rendered":"Frequently Asked Questions"},"content":{"rendered":"\n
How often should a Clinical Evaluation Report (CER) be updated?<\/strong><\/p> The MDR defines clinical evaluation as the \u201csystematic and planned process to continuously<\/em> generate, collect, analyse and assess the clinical data.\u201d And that manufacturers shall \u201ccontinuously<\/em> conduct and document a clinical evaluation.\u201d<\/p>\n\n\n\n The expectations from regulatory authorities and notified bodies are that:<\/strong><\/p>\n\n\n\n The above dates are not explicitly stated in the regulation. Instead, the regulation simply states that the CER should be updated throughout the life cycle of the device, i.e., through the safe and effective use period for the device, as was defined by the manufacturer in the device documentation.<\/p>\n\n\n\n So then how do manufacturers determine the appropriate timeframes to update the CER?<\/strong><\/p>\n\n\n\n The short answer is that, at minimum, the CER should be updated on the same schedule as outlined in the device\u2019s Post-Market Surveillance Plan. The reason is that:<\/p>\n\n\n\n Further, a Periodic Safety Update Report (PSUR) is part of Post-Market Surveillance, and those require updates on the following schedule:<\/p>\n\n\n\n Since post-market surveillance data feeds into the CER, the status of the CER should be considered as post-market surveillance data is assessed. Where the post-market data shows potential new risks, this should be investigated and addressed, including in the CER. If the post-market surveillance data continues to show a positive benefit-risk ratio, this should also be noted in the CER.<\/p>\n\n\n\n The requirement for Periodic Safety Update Reports (PSUR) is throughout the device\u2019s lifetime. Where the device is no longer being manufactured, the PSUR is expected to at least include reactive data, e.g., complaints and vigilance. And such information may warrant an update to the CER.<\/p>\n\n\n\n *Where Post-market Clinical Follow-ups (PMCFs) are required, the MDR stipulates that the PMCF evaluation report for Class III and implantable devices shall be updated at least annually (MDR Art. 61(11)(para 2).<\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Does the software interface require translation into the languages in each EU market where the product is being sold?<\/strong><\/p> The MDR and IVDR state that it is the manufacturer\u2019s responsibility to translate \u2018Information Supplied with the Device\u2019, as defined by Section 23 of Annex I. This is stipulated per:<\/p>\n\n\n\n MDR Art.10(11): Manufacturers shall ensure that the device is accompanied by the information set out in Section 23 of Annex I in an official Union language(s) determined by the Member State in which the device is made available to the user or patient. The particulars on the label shall be indelible, easily legible and clearly comprehensible to the intended user or patient.<\/em><\/p>\n\n\n\n The question then becomes: Is the software user interface considered information supplied with the device?<\/p>\n\n\n\n The MDR and IVDR do not explicitly identify the software interface as such. Further, to date, there is no official published guidance advising one way or another.<\/p>\n\n\n\n While many notified bodies and regulatory authorities do consider the software interface as \u2018information supplied with the device\u2019, there is no single centralized position published. Therefore, manufacturers, Notified Bodies and Competent Authorities may each have differing interpretations.<\/p>\n\n\n\n Manufacturers would ideally take the following into consideration:<\/p>\n\n\n\n Generally, if the software interface includes information required to ensure the device is used as intended and\/or information related to the safety and performance, this information should be translated. This is especially important for layperson devices.<\/p>\n\n\n\n If, considering the above, a manufacturer chooses not to translate the software interface, the rationale and justification should be clearly documented in the risk assessment. Where more definitive confirmation is needed, manufacturers should confirm directly with the local Competent Authority if it is required and\/or if an exemption can be granted for their device.<\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n What is the process to transfer your EU Authorized Representative?<\/strong><\/p> An overview of the process to transfer your EU Authorized Representative (EU AR) can be found in our Knowledge Center: STEPS AND TIMING TO TRANSFER YOUR EU AR<\/a><\/strong><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n What is the process to transfer your UK Responsible Person?<\/strong><\/p> An overview of the process to transfer your UK Responsible Person (UKRP) can be found in our Knowledge Center: STEPS AND TIMING TO TRANSFER YOUR UKRP<\/strong><\/a><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n What is the process to transfer your Swiss Authorized Representative?<\/strong><\/p> An overview of the process to transfer your Swiss Authorized Representative (CH-REP) can be found in our Knowledge Center: STEPS AND TIMING TO TRANSFER YOUR CH-REP<\/a><\/strong><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Am I allowed to donate non-CE Marked medical devices to Europe<\/strong>?<\/p> Devices being placed on the market for the first time in the EU must be CE Marked or have been granted a derogation by an EU Competent Authority, whether they are for donation or for sale (see definition of \u2018placed on the market\u2019 in the EU <\/strong>here<\/strong><\/a>). Each EU Competent Authority can only grant a derogation for its specific market, so manufacturers must seek individual derogations for each EU country where they would like to place their product on the market without CE Marking.<\/p>\n\n\n\n Once the device has been placed on the market, it can be further resold or donated.<\/p>\n\n\n\n The MDR and IVDR only apply to medical devices being placed on the market for the first time. The <\/strong>EU Blue Guide 2022<\/strong><\/a> clarifies that second-hand products from third countries placed on the market for the first time must comply with the EU legislation (MDR and IVDR).<\/p>\n\n\n\n There is no medical device legislation that specifically covers devices for resale or reuse, including providing devices second-hand for donation. Therefore, if a device was compliant at the time it was placed on the market, it can be further sold or donated for reuse. That being said, those further resold medical devices are still required to be safe and within their effective use period.<\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Am I allowed to donate non-CE Marked medical devices to Switzerland?<\/strong><\/p> Devices being placed on the market for the first time in the Switzerland must meet the requirements of the applicable device Ordinance (MedDO<\/a> <\/strong>or IvDO<\/a><\/strong>) or have been granted an exemption by Swissmedic, whether they are for donation or for sale (see definition of \u2018placed on the market\u2019 in Switzerland here<\/a><\/strong>). Information on requesting an exemption from Swissmedic can be found here<\/a><\/strong>.<\/p>\n\n\n\n The Swiss Ordinances only apply to medical devices being sold for the first time. And, there is no medical device legislation which specifically covers devices for resale or reuse, including providing devices second-hand for donation. Therefore, if a device was compliant at the time it was placed on the market, it can be further sold or donated for reuse. That being said, those further resold medical devices are still required to be safe and within their effective use period.<\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Am I allowed to donate non-CE Marked\/UKCA Marked medical devices to the UK?<\/strong><\/strong><\/p> Devices being placed on the market for the first time in the UK must be CE Marked, UKCA marked, or have been granted an exemption by the MHRA, whether they are for donation or for sale (see definition of \u2018placed on the market\u2019 in the UK here<\/a><\/strong>). Information on requesting an exemption from the MRHA can be found here<\/a><\/strong>.<\/p>\n\n\n\n Once the device has been placed on the market, it can be further resold or donated.<\/p>\n\n\n\n The UK MDR 2002 only applies to medical devices being sold for the first time. And, there is no medical device legislation which specifically covers devices for resale or reuse, including providing devices second-hand for donation. Therefore, if a device was compliant at the time it was placed on the market, it can be further sold or donated for reuse.<\/p>\n\n\n\n That being said, used medical devices are still required to be safe and still need to comply with certain consumer and trade regulations. Further, the supplier of the used products should still provide certain information to the purchaser to demonstrate the safety and efficacy of the device and the device\u2019s service history. <\/p>\n\n\n\n More information about the specific regulations and device safety information that may be applicable is included in section 10.4 of the MHRA\u2019s guidance document: Managing Medical Devices<\/a><\/strong><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Can a device with an expired CE certificate be sold in Europe?<\/strong><\/p> The ability to sell a device in the EU with an expired CE certificate depends on the following factors:<\/p>\n\n\n\n \u2018Placed on the market\u2019<\/strong><\/p>\n\n\n\n Legacy Device (valid MDD\/IVDD\/AIMDD CE Certificate):<\/strong> Legacy devices with an expired CE Certificate are able to be \u2018placed on the market\u2019 through the below transitional deadlines, per Regulation 2023\/607<\/strong><\/a>. This regulation came into force on 20 March 2023, automatically extending the validity of CE certificates for legacy devices.<\/p>\n\n\n\n To be eligible for these transition timelines, the device and manufacturer must meet the specific criteria established in the regulation. Read more about the requirements here<\/strong><\/a>.<\/p>\n\n\n\n MDR\/IVDR Device: <\/strong>MDR\/IVDR devices with an expired CE Certificate cannot be \u2018placed on the market\u2019 – the CE certificate must be valid at the time the device is \u2018placed on the market\u2019.<\/p>\n\n\n\n \u2018Made Available on the Market\u2019<\/strong><\/p>\n\n\n\n Legacy Device (valid MDD\/IVDD\/AIMDD CE Certificate):<\/strong> Legacy Devices \u2018placed on the market\u2019 in compliance with the amended deadlines and criteria of Regulation 2023\/607<\/a> <\/strong>may continue to be \u2018made available on the market\u2019 or \u2018put into service\u2019 without any limitation in time\u2019 except the device\u2019s shelf-life or expiry date (see: Q&A on practical aspects related to the implementation of Regulation (EU) 2023\/607<\/strong><\/a>).<\/p>\n\n\n\n MDR\/IVDR Device: <\/strong>MDR\/IVDR devices that were \u2018placed on the market\u2019 in the period where the certificate was valid and was in conformity with all applicable legislation, can further be \u2018made available\u2019 and \u2018put into service\u2019 after the CE certificate expires.<\/p>\n\n\n\n Definitions<\/strong><\/p>\n\n\n\n *Placing on the Market (<\/strong>MDR Article 2(28))<\/strong>: the first making available of a device, other than an investigational device, on the Union market.<\/p>\n\n\n\n The Blue Guide<\/strong><\/a> further explains that devices that are manufactured (i.e. ready to ship) and have an agreement in place for purchase with a local importer are considered \u2018placed on market\u2019. The Blue Guide further explains that \u2018Any subsequent operation, for instance, from a distributor to distributor or from a distributor to an end-user is defined as making available\u2019. Read more about the definition of \u2018placing a product on the marketing\u2019 in the EU here<\/strong><\/a>.<\/p>\n\n\n\n **Making available on the market <\/strong>(Article 2(27)): <\/strong>any supply of a device, other than an investigational device, for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge.<\/p>\n\n\n\n ***Putting into service (<\/strong>MDR Article 2 (29)): The stage at which a device, other than an investigational device, has been made available to the final user as being ready for use on the Union market for the first time for its intended purpose.<\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Is the EU Authorized Representative required to be on the device labeling?<\/strong><\/p> Yes, the EU Authorized Representative (EU AR) is required to be on the device labeling.<\/p>\n\n\n\n More information about what must be included and where to place the EU AR info can be found in our Knowledge Center: L<\/a>ABELING REQUIREMENTS FOR THE EU, UK AND SWITZERLAND IN-COUNTRY REPRESENTATIVE<\/a><\/strong><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n Is the Swiss Authorized Representative required to be on the device labeling?<\/strong><\/p> Yes, the Swiss Authorized Representative (CH-REP) is required to be on the device labeling.<\/p>\n\n\n\n More information about what must be included and where to place the CH-REP info can be found in our Knowledge Center: L<\/a>ABELING REQUIREMENTS FOR THE EU, UK AND SWITZERLAND IN-COUNTRY REPRESENTATIVE<\/a><\/strong><\/p>\n\n<\/div><\/div>\n<\/div>\n<\/div>\n\n\n
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