PART 2Custom-Made Devices and Medical Devices to Be Imported or Sold for Special Access (continued)
(a) the benefits that may be obtained by the patient through the use of the device outweigh the risks associated with its use;
(b) the health or safety of patients, users or other persons will not be unduly affected;
(c) a licensed device that would adequately meet the requirements of the patient is not available in Canada; and
(d) the authorization is not being used by the manufacturer or importer to circumvent the requirements of Part 1.
(2) The authorization issued under subsection (1) shall specify
73 If the information and documents submitted in respect of an application made pursuant to section 71 are insufficient to enable the Minister to determine whether the conditions set out in subsection 72(1) have been met, the manufacturer, importer or health care professional shall, at the request of the Minister, submit any further information relevant to the application that the Minister may request.
74 The Minister may, in respect of an authorization that has been issued,
(a) request the manufacturer, importer or health care professional to submit information in respect of the device if the Minister believes on reasonable grounds, after reviewing a report or information brought to the Minister’s attention, that the device for which the authorization has been issued no longer meets the conditions set out in subsection 72(1); and
(b) issue a written cancellation of the authorization, giving reasons, if
75 No person shall import or sell a medical device in respect of which an authorization has been issued pursuant to section 72, or a Class I or II custom-made device, unless the device has a label that
(a) sets out the name of the manufacturer;
(b) sets out the name of the device; and
(c) specifies whether the device is a custom-made device or is being imported or sold for special access.
76 The manufacturer or importer of a medical device in respect of which an authorization has been issued pursuant to section 72 shall maintain a distribution record in respect of the device in accordance with sections 52 to 56.
Reporting an Incident
77 The health care professional referred to in subsection 71(1) shall, within 72 hours after the occurrence of an incident described in section 59 involving a medical device for which an authorization has been issued pursuant to section 72, report the incident to the Minister and to the manufacturer or importer of the device, and specify the nature of the incident and the circumstances surrounding it.
78 Sections 66 to 68 apply in respect of an implant that is imported or sold for special access.
- SOR/2002-190, s. 7
PART 3Medical Devices for Investigational Testing Involving Human Subjects
79 This Part applies to medical devices that are to be imported or sold for investigational testing involving human subjects.
(2) A manufacturer or importer of a Class II, III or IV medical device may sell the device to a qualified investigator for the purpose of conducting investigational testing if the manufacturer or importer holds an authorization issued under subsection 83(1) and possesses records that contain all the information and documents required by section 81.
(3) A manufacturer or importer of a Class I medical device may sell the device to a qualified investigator for the purpose of conducting investigational testing if the manufacturer or importer possesses records that contain all the information and documents required by section 81.
81 The records referred to in section 80 shall contain the following:
(a) the name, address and telephone number of the manufacturer and the importer of the device;
(b) the name of the device, its class and its identifier, including the identifier of any medical device that is part of a system, test kit, medical device group, medical device family or medical device group family;
(c) a description of the device and of the materials used in its manufacture and packaging;
(d) a description of the features of the device that permit it to be used for the medical conditions, purposes and uses for which it is manufactured, sold or represented;
(e) a list of the countries other than Canada where the device has been sold, the total number of units sold in those countries, and a summary of any reported problems with the device and any recalls of the device in those countries;
(f) a risk assessment comprising an analysis and evaluation of the risks, and the risk reduction measures adopted for the purposes of conducting investigational testing of the device, including, as appropriate,
(i) the results of any previous research, testing and studies conducted with respect to the device,
(ii) a description of the methods currently used to diagnose or treat the medical condition in respect of which the investigational testing is being proposed, and
(iii) information respecting any cautions, warnings, contra-indications and possible adverse effects associated with the use of the device;
(g) the names of all the qualified investigators to whom the device is proposed to be sold and their qualifications, including their training and experience;
(h) the name and address of each institution at which the investigational testing is proposed to be conducted and, in the case of a Class III or IV device, written approval from the institution indicating that the investigational testing may be carried out there;
(i) a protocol of the proposed investigational testing, including the number of units of the device proposed to be used for the testing, the hypothesis for and objective of the testing, the period of time during which the testing will be carried out and a copy of the patient consent form;
(j) a copy of the device label; and
(k) a written undertaking from each qualified investigator to
(i) conduct the investigational testing in accordance with the protocol provided by the manufacturer,
(ii) inform a patient who is to be diagnosed or treated using the device of any risks and benefits associated with its use, and obtain the patient’s written consent for its use,
(iii) not use the device or permit it to be used for any purpose other than the investigational testing specified in the protocol,
(iv) not permit the device to be used by any other person except under the direction of the qualified investigator, and
(v) in the event of an incident described in section 59, report the incident and the circumstances surrounding it to the Minister and to the manufacturer or importer of the device within 72 hours after it comes to the attention of the qualified investigator.
82 An application for an authorization referred to in subsection 80(2) shall be made in writing to the Minister and shall contain
(a) in the case of a Class II medical device or a Class III or IV in vitro diagnostic device that is not used for patient management, not including a near-patient in vitro diagnostic device, the information set out in paragraphs 81(a), (b) and (h) to (j); and
(b) in the case of a Class III or IV medical device that is not covered by paragraph (a), the information and documents set out in section 81.
- SOR/2002-190, s. 8
(a) the device can be used for investigational testing without seriously endangering the life, health or safety of patients, users or other persons;
(b) the investigational testing is not contrary to the best interests of patients on whom the testing will be conducted; and
(c) the objective of the testing will be achieved.
(2) The authorization referred to subsection (1) shall specify
(a) the name of any qualified investigator to whom the device may be sold;
(b) the type of diagnosis or treatment for which the device may be sold;
(c) the number of units of the device that are authorized to be sold; and
(d) the protocol according to which the investigational testing is to be conducted.
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