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Frequently asked question about Registration, Licensing & Enforcement

Please refer to document:
MDA/GL No. 2  - How to apply for establishment License under medical device act 2012 ( Act 737)

 

Please refer to document:
MDA/GL/004 - Application For Renewal Of Establishment License

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.

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

Answer MDA will take action to the individual involve, not only the establishment under Malaysian act

Process output for establishment license for 2015 KPI – 21 working days with complete application

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.  

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

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.

  • Electronic IFU (e-IFU) is eligible for devices that are limited to those intended for use by professional users only. 
  • Users should always have the choice to obtain the content of the eIFU in paper form on request, without undue delay or within the time period specified in the risk assessment, and at no additional cost.
  • For information downloadable from the internet, the internet web address shall be clearly printed on the physical label of the device and displayed in such a manner that highlights to the user its purpose. The manufacturer /AR shall ensure that the electronic label is identical with the printed IFU approved in the product registration.
  • Manufacturers shall conduct and document a risk analysis for implementation of electronic IFUs and maintain records of this analysis. Specific points to address include:
    1. Does the intended user have the required level of experience and the means to use the electronic IFU (e.g. a computer with internet access at or near the device’s point of use, CD/DVD Drive or a compatible web-browser)?
    2. Are there back-up methods for accessing the electronic/hard-copy IFU?
    3. Are there processes in place to ensure ongoing security of electronic IFU?
  • Manufacturers shall have defined procedures and processes for the establishment and revisions to electronic documents.
  • Paper-form IFU is required and additional electronic IFU is optional for home use devices

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).

  • E-IFU is eligible for medical device intended for use by professional users only. 
  • Paper-form IFU is required and additional electronic IFU is optional for home use devices

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.

  • Overlabelling using stickers is allowed, as long as there is no over labeling on the lot/batch or serial number, date of manufacturing and date of expiry.

It is allowed to have other regulatory approval information in the labelling.

-AR details
 -Registration number

  • For new products registered, labelling include AR details and Registration number do not require change notification. The labelling with this information shall also submitted during Re-registration.

Product manual is recommended to be in printed form. However, electronic form is allowed to be provided subject to the following conditions

  • Manufacturers shall conduct and document a risk analysis for implementation of electronic manuals and maintain records of this analysis. Specific points to address include:
    1. Does the intended user have the required level of experience and the means to use the electronic  (e.g. a computer with internet access at or near the device’s point of use, CD/DVD Drive or a compatible web-browser)?
    2. Are there back-up methods for accessing the electronic/hard-copy manuals?
    3. Are there processes in place to ensure ongoing security of electronic manuals?
  • Manufacturers shall have defined procedures and processes for the establishment and revisions to electronic documents.
  • The manufacturing date is not necessary to be included in all labelling. However, the labelling shall consist of at least one of the information below (refer to guidance document labelling clause 4.8 b.):-
    1. An indication of batch code/lot number/serial number; 
    2. Expiry date;
    3. Shelf life; or
    4. Manufacturing date
  • The new AR need to relabel with new AR details in the labelling of stocks taken from old AR before placing them in the market.
  • The products needs to comply with labelling requirements of the importing countries.
  • All the information in the labelling need to be translated into Bahasa Malaysia for home use device except for brand name, proper nouns and words that are the same in both languages.
  • If the accessory is supplied separately, a separate labelling shall be provided
  • Manufacturing date: Day, Month and year, if only the manufacturing date is provided in the labelling. If other information such as lot/batch or serial number or expiry date has been provided, the manufacturer may decide to write the manufacturing date either in full (dd/mm/yyyy) or month and year (mm/yyyy)
  • Expiry date: at least as the year and month 
  • Additional labelling on Medical Device Registration Number, AR information, and Bahasa Malaysia translation does not require approval from the manufacturer.

1. Berkaitan pernyataan "KEMENTERIAN KESIHATAN MALAYSIA", adakah pernyataan ini dibenarkan pada label produk jika kami menyalurkan produk ini ke hospital-hospital swastafarmasi swasta dan lain-lain institusi selain hospital-hospital awam?. Adakah penggunaan pernyataan tersebut merupakan suatu endorsement dan larangan dalam akta peranti perubatan?


 2. Adakah penggunaan singkatan 'KKM' dibenarkan pada label produk jika ia disalurkan pada sektor swasta?adakah singkatan ini merupakan satu endorsement?


 3. Berkaitan isu endorsement apakah contoh-contoh endorsement yang dibenarkan dan tidak dibenarkan?

  • Kegunaan nama KKM atau MDA sudah melambangkan “endorsement” dan penggunaanya tidak dibenarkan.
  • Untuk pembekalan kepada KKM jika ada arahan untuk pembekalan, adalah dibenarkan untuk menggunakan perkataan “Kementerian Kesihatan Malaysia”.
  • Halal logo is not a requirement for medical device labelling. You may chose not to put it in. However if you label your product with a halal logo, you will need Halal certification first from JAKIM.
  • The original labelling together with registration number shall comply with labelling requirements.
  • The establishment is given transition period of 6 months after medical device registration to include medical device registration number in its labelling.
  • All labelling information has to be supplied with the medical device. If several medical devices are supplied in a box to a specific customer such as a healthcare facility for its consumption, the labelling may only be provided with the box. However, if for example, the medical devices are supplied in a box and supplied to a healthcare facility or a pharmacy so that it is to be sold or given to individual patient or customer, then labelling shall be provided with the individual medical device.

Yes. Refer definition below for home use medical device.

  • A home use medical device is a medical device labelled for use in any environment outside a professional healthcare facility and intended for use by healthcare professionals and/or lay persons. This includes but is not limited to outdoor environments, office environments, schools, vehicles, emergency shelters, and independent living retirement homes.

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.

  • A home use medical device is a medical device labelled for use in any environment outside a professional healthcare facility and intended for use by healthcare professionals and/or lay persons. This includes but is not limited to outdoor environments, office environments, schools, vehicles, emergency shelters, and independent living retirement homes.
  • 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.
  • These information shall be available on the outer box/external packaging. The manufacturer /AR may decide whether or not to include these information again in the IFU.
  • The labelling is part of activity by the manufacturer. For AR that does additional labelling to comply requirements of MDA/GD/0026 shall get approval for labelling from manufacturer.
  Medical Device Authority (MDA),
Ministry of Health Malaysia,
Level 6, Prima 9, Prima Avenue II,
Block 3547, Persiaran APEC,
63000 Cyberjaya, Selangor, MALAYSIA

  +603 - 8230 0300
  +603 - 8230 0200 
  mdb@mda.gov.my

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  • Last Modified: 03 August 2021.
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