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 Medical Devices Being Marketed Without 
Regulations, Safeguards In India 
 
India still does not have a comprehensive set of rules for the manufacture and 
marketing of medical devices despite their increasing therapeutic in human 
bodies for several years. The Central Drugs Standard Control Organisation (CDSCO) 
has been working on to frame specific standards for licensing of these products 
for more than 16 months now.  
 
In the absence of a set of rules or any guidelines, the state drugs control 
authorities in the country are in total confusion with regard to the standards 
for licensing the 10 medical devices notified as drugs by the Central government 
in October 2005. The notified products are very much available in the market 
without licence. 
 
Senior drug control officials said that the authorities have failed to issue a 
single licence for the notified products so far. Although some of the states 
have commenced inspection of storage and manufacturing premises as per the 
directive of a sub-committee under the CDSCO, the state authorities are groping 
in the dark on the standards and guidelines for issuing product licence, they 
said. 
 
Moreover, the Drugs Controller General of India (DCGI) has issued a circular to 
the state drugs controllers seeking information to take policy decisions on the 
issue after the October notification came into effect and the 60 day period 
allowed for manufacturers to submit application. The letter dated September 21, 
2006 seeks information like number of applications received, the details of 
inspection carried out jointly with CDSCO, details of guidelines followed for 
such inspection and whether any experts were involved in the inspection. 
 
"The aforesaid information is required in order to take policy decision about 
the procedures, standards requirements to be adopted for grant licences to 
medical devices," reveals the letter in possession with Pharmabiz. "This show 
that the CDSCO itself is in confusion on the procedure to be taken. And it also 
reveals that the authority has not furnished any solid guidelines even after the 
period of implementation started from October 2006. Around 80 percent of these 
notified products available in the markets at present doesn't have any approval 
but we cannot take action because of the DCGI's guidelines," said a drug control 
official from Andhra Pradesh. 
 
"Currently the only guideline we have Schedule M and we are inspecting the 
companies as per these norms. There is no other guideline with us specifically 
for medical devices licensing. There are a number of players in the segment, 
either as manufacturer or more as distributors and we are on the process of 
inspecting the sites," said a senior official from Gujarat FDA. 
 
"We have sent the applications to the CDSCO and are conducting inspection in 
distribution and manufacturing centres according to their suggestion. But the 
details for licensing are yet to be cleared by the central authority. It seems 
that the central authority is on a deceleration in the issue," another official 
from Kerala Drug Control Administration informed. 
 
Though product licensing is under purview of the state drugs control 
organization, the inspection are to be conducted in association with the CDSCO 
zonal officers. The CDSCO with strength of 40 officials for the entire country 
has to accompany the state officials in inspection simultaneously with its 
existing workload. 
 
The CDSCO West zone has conducted inspection on around 35 units in January 2007, 
though the officials informed that not a single licence for the notified 
products has been issued till date. The officials informed that only around 
eight units would pass through approval, while all the other applicants withdrew 
applications in a later stage.  
 
(Ref : Chronicle Pharmabiz dated February 22, 2007) 
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