Singapore legislation

Regulation 41

of Health Products (Medical Devices) Regulations 2010

Regulation 41

Duty to maintain records of complaints

Amended byS 318/2018 wef 01/06/2018S 318/2018 wef 01/06/2018S 318/2018 wef 01/06/2018

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 complaint received by the person pertaining to 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 the following information:

(i)

the proprietary name or description of the medical device that is the subject of the complaint;

(ii)

the date on which the complaint was received;

(iii)

the name and address of the complainant or, if unavailable, a unique identifier for the complaint;

(iv)

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

(v)

the nature of the problem that is the subject of the complaint; and

(b)

is retained for at least 5 years after the expiry of the projected useful life of the medical device.

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.