The State Council of China revised and issued the
Regulations for the Supervision and Administration of Medical Devices on March
7, 2014. The new regulations are going
to take effect from June 1, 2014.
The new regulations have eight chapters, which
respectively cover general principles (Chapter 1), the registration and recordal
of medical devices (Chapter 2), the manufacturing of medical devices (Chapter
3), the operation and use of medical devices (Chapter 4), the disposal of
incidents and recall of medical devices (Chapter 5), the supervision and
inspection (Chapter 6), legal liabilities (Chapter 7) and appendices (Chapter
8).
One of the big differences from the old regulations
(2000) is that medical devices, in the new regulations, are classified and
administered according to their risk levels.
Class I medical devices have low-leveled risks, for which safety and
effectiveness can be ensured through routine administration. Class II medical devices have medium-leveled
risks, for which safety and effectiveness can be ensured through strict control
and administration. Class III medical
devices have high-leveled risks, for which safety and effectiveness cannot be
ensured without the adoption of some special measures for strict control and
administration. Following factors shall
be taken into account to assess the risk level of a medical device such as its
expected purpose, structure characteristics, and methods to use.
Previously, the old regulation defines Class III as
the medical devices implanted into or pose potential risk to the human body --
Class III Medical Devices are those which are implanted into the human body, or
used for life support or sustenance, or pose potential risk to the human body
and thus must be strictly controlled in respect to safety and
effectiveness. The new regulations
apparently abandoned this human body-related classification.
Another difference is that the new regulations provide
for the recall system. If a medical
device does not abide by the compulsory standards, the registered or recorded
technical specifications or have some other defects, the concerned
manufacturing enterprise shall stop manufacturing the medical devices, notify
the concerned businesses and individuals to stop using the medical devices,
recall the sold medical devices, and adopt remedial or destroying measures.
You may follow the link for the Chinese version
of the new regulations.