Singapore legislation

Regulation 39

of Health Products (Medical Devices) Regulations 2010

Regulation 39

Duty to maintain records of supply

Amended byS 318/2018 wef 01/06/2018S 318/2018 wef 01/06/2018S 318/2018 wef 01/06/2018S 334/2016 wef 01/11/2016

Subregulation 1

Amended byS 318/2018 wef 01/06/2018

A person who —

(a)

is a manufacturer, an importer, a wholesaler or a registrant of a medical device;

(b)

manufactures a medical device without holding a manufacturer’s licence under section 12(1) of the Act in accordance with regulation 3;

(c)

supplies a custom‑made medical device or laboratory‑developed test that is an unregistered medical device in accordance with regulation 6;

(d)

supplies a refurbished medical device mentioned in regulation 7 as in force immediately before 1 June 2018; or

(e)

supplies an unregistered medical device in accordance with regulation 7, 8, 9, 10 or 11,must comply with the requirements in paragraph (1A).

Subregulation 1A

Amended byS 318/2018 wef 01/06/2018

The requirements mentioned in paragraph (1) are —

(a)

to maintain a record of every supply by the person of the medical device; and

(b)

to produce the record mentioned in sub‑paragraph (a) for inspection by the Authority or an enforcement officer as and when the Authority or enforcement officer requires.

Subregulation 1B

Amended byS 318/2018 wef 01/06/2018

In paragraph (1)(d), “refurbished medical device” has the same meaning as in regulation 2 as in force immediately before 1 June 2018.

Subregulation 2

A person referred to in paragraph (1) shall ensure that every record referred to in that paragraph —

(a)

contains, in relation to each supply by him of the medical device, the following information:

(i)

the proprietary name or description of the medical device;

(ii)

the date on which the medical device was supplied;

(iii)

the name and address of the person to whom the medical device was supplied;

(iv)

the quantity of the medical device supplied; and

(v)

the identification number or mark (including the control number, lot number, batch number or serial number) of the medical device supplied; and

(b)

is retained for the longer of the following periods:

(i)

the projected useful life of the medical device; or

(ii)

2 years after the date on which the medical device is supplied to another person.

Subregulation 3

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.

Subregulation 4

Any person who, in compliance or purported compliance with paragraph (1), furnishes the Authority or an enforcement officer with any record which he knows is false or misleading shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.

Subregulation 5

Amended byS 334/2016 wef 01/11/2016

This regulation does not apply to a medical device which is supplied for a clinical purpose in any clinical research.