1 authorised representative licensing presented by: eng. abdullah s. al dobaib registration and...
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Authorised Representative Licensing
Presented By: Eng. Abdullah S. Al Dobaib
Registration and Licensing Executive Department ,MDS
04/21/23 16:24
IMPORTER
MDNR NumberE. License
Market Authorizati
on
DISTRBUTER
Local Manuf.
ARAR
IMPORTER
DISTRBUTER
ARAR
Local Manuf.
AR
Impo
rter
&
dist
ribut
er
appl
icati
on
ARap
plic
ation
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Authorised Representative Licensing
04/21/23 16:24
Authorized Representative Documents - updated version
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Authorised Representative (AR)
Definition:
• Authorised Representative (AR):
means any natural or legal person established within the KSA who has
received a written mandate from the manufacturer to act on his behalf
for specified tasks including the obligation to represent the manufacturer
in its dealings with the SFDA.
(Article 1, Chapter 1, MDIR)
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General Principles
• When the manufacturer is located outside the KSA he shall appoint an authorised representative to act on his behalf. (Article 11, MDIR)
• Chapter Six of the Medical Devices Interim Regulation requires organisations authorised by a manufacturer to act on his behalf in the KSA to have an establishment license for this activity, issued by the SFDA. (Article 4A, MDS-IR 5)
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Part I: Pre-License Activities Designation of Authorized Representatives Applying for establishment registration Mandate between the manufacturer and Authorized Representative
Part II: Applying for a License Applying for establishment Licensing
Part III: Post-License Activities of Authorized Representatives Medical Device Marketing Authorization – General Provisions Post-Marketing Responsibility for Advertising and Marketing Material Post-Marketing Surveillance of Medical Devices
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Activities to be performed by an AR
Part I: Pre-License Activities
Designation of Authorized Representatives
A. The mandate established between the manufacturer and the authorized representative shall be in writing, specify the mandated activities and be subject to the laws of the KSA.
(Article 6 A, MDS-IR 5)
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• Two Samples agreement developed in Guidance 3• I, the undersigned, as party to this agreement, have the authority to agree on
behalf of the manufacturers listed below, for them to take without delay all measures necessary to allow the execution of the tasks delegated to the authorized representative. Moreover, I accept the commitment to ensure each one of the listed manufacturers has a copy of this agreement and is aware of its particular tasks and responsibilities under its provisions. ( multiple sites)
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Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
Single Site and Multiple sites
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B. The minimum content of the contract (the ‘mandate’) between the
manufacturer and the authorized representative is specified in Article Six
of Implementing Rule MDS-IR5.
1) Represent the manufacturer in its dealings with the SFDA.
2) List each medical device category or generic device group intended to be supplied
to the KSA market.
3) Complete the marketing authorization application form.
4) Cooperate with the SFDA on evaluations and actions taken during market
surveillance and/or vigilance procedures.
5) Make any information available from the technical file to the SFDA when so
required. (Article 6 B, MDS-IR 5)
Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
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Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
6) Inform the SFDA of any adverse event that have occurred outside the KSA but
have consequences for medical device that have been authorized to be placed
on the KSA market.7) Inform the SFDA of all field safety corrective actions resulting from post-market
follow-up investigations performed by the manufacturer .
8) Cooperate with parties involved in distribution activities, installation and maintenance of medical devices that have been placed on the KSA market under its mandate.
(Article 6 B, MDS-IR 5)
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Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
C. Where a manufacturer intends to make available more than one category or generic device group of medical device to the KSA, it may either designate a single authorized representative for all the devices it intends to market, or designate a different authorized representative for each device category or generic device group.
(Article 6 B, MDS-IR 5)
Medical Device Category or Generic Device Group
• Device category :Is the broadest level of medical device
nomenclature.
• Generic device group:means a set of devices having the same or
similar intended uses or commonality of technology allowing them to be classified in a generic manner not reflecting specific characteristics.
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Category Category Active implantable devices Reusable devices
Anesthetic and respiratory devices Single-use devices
Dental devices Assistive products for persons with disability
Electro mechanical medical devices Diagnostic and therapeutic radiation devices
Hospital hardware Complementary therapy devices
In vitro diagnostic devices Biologically-derived devices
Non-active implantable devices Healthcare facility products and adaptations
Ophthalmic and optical devices Laboratory equipment
Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
Medical Device Category or Generic Device Group
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Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
Medical Device Category or Generic Device Group
I, the undersigned, declare that I have not designated any authorized representative other than that who is party to this agreement to act on my behalf for the medical devices listed in Section F.
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Part I: Pre-License ActivitiesMandate between the manufacturer and Authorized Representative
• Other Tasks and Provisions Additional to those Required for Authorized Representative Licensing are not assessed by the SFDA when it licenses the authorized representative.
• AR will be Acting on behalf of the Manufacturer for the medical device within the KSA according to the AR agreement with the exception to the paragraph pertaining aadditional tasks and Provisions
Other tasks and provisions
Other activities
E. Where the Authorized Representative is also involved in importation or distribution activities of medical devices within the KSA, it is subject to the additional requirements and responsibilities (MDS – IR4 Establishment Licensing)
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D. The authorized representative shall have separate mandate and license for each
manufacturer it represents within the KSA.
Authorized representative
License
License
License
Part I: Pre-License Activities
(Article 5 C, MDS-IR 5)
Requirements
1. A copy of the mandates.
2. Copies of the procedures that support each of the activities specified in the manufacturer’s mandate .
3. Application fees , 5200 SR for each mandate , to be paid through SADAD system.
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Applications for Medical Devices Systems can be applied online through The Medical Device Electronic Services .
1st. Apply for Establishment registration and obtain MDNR number through MDNR system.
2nd. Apply for Authorized Representative license online through MDEL system.
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Part II: Applying for a License
MDNR
In order to be able to access Authorised representative application through MDEL system , you must select Authorised Representative as an establishment type on MDNR system
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Online application
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The AR Application consists of Three Main sections:
Section A: Company Details
Section B: Authorized Contact Person
Section C: Manufacturer and device categories
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Please note that sections A and B will be retrieved from
the MDNR.
Section C:
1.Add Manufacturer
2.Save the application
NOTE :
To add sub sites
3 .Add device category
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Please note that sections A and B will be retrieved from the
MDNR.
Section C:
1.Add Manufacturer
2.Save the application
3 .Add device category
4 .attestation
5.Sumbission
Payment
1. 5200 for each mandate.2. Though SADAD system.3. One month period to proceed with the payment
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Application cycle
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Open
Closed
Submission
Assessment( 20 working days)
Through SADAD
One year
Renewal
Issuing
Establishment license
Only an authorised representative holding a valid establishment license, issued by the SFDA, is permitted to legally act on behalf of the manufacturer in relation to the relevant provisions of the Medical Device Interim Regulation and the corresponding Implementing Rules.
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License Annexes
Part III: Post-License Activities of Authorized Representatives
Medical Device Marketing Authorization (MDS – IR6 Marketing Authorization)
Post-Marketing Responsibility for Advertising and Marketing Material The overseas manufacturer through its authorized representative is responsible
for ensuring all advertising and marketing materials are approved by the SFDA before they are used.
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(II. Advertising, Article 39, Chapter 10, MDIR)
Part III: Post-License Activities of Authorized Representatives
Post-Marketing Surveillance of Medical Devices– Cooperate with the SFDA on evaluations and actions taken during Post-marketing
surveillance (MDS – IR7 Postmarking surveillance)
– Cooperate with parties involved in distribution activities, installation and maintenance of medical devices that have been placed on the KSA market under its mandate.
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Termination
Authorized representative is expected to continue with the mandated tasks until such time as the SFDA licenses an alternative authorised representative to represent the manufacturer within the KSA.
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Security and Confidentiality of Data
• All data submitted online will be protected and encrypted via the MDEL security infrastructure.
• All data provided will be used by SFDA.
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The Validity of a License
• The issued license has a validity of One year.• The system automatically generates notification
for renewal through the email to the establishment 30 days before the license end.
• Any changes to the provided information has to be submitted to SFDA within 10 days of the date of the change occur.
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Refusal of an Establishment License
A. The SFDA shall refuse to issue a license for an authorized representative if the mandated tasks and/or the proposed procedures are insufficient to ensure the proper implementation of the Medical Device Interim Regulation and this Implementation Rule. (Article 9A, MDS-IR 5)
B. If the SFDA intends to refuse the license, it shall notify the applicant in writing of the reasons of the refusal and information of the procedure to appeal the action taken. (Article 9B, MDS-IR 5)
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Suspension of an issued license
A. The SFDA shall suspend the license of an authorized representative if it has reasonable grounds to believe that the licensee has contravened any of the relevant provisions of the Medical Devices Interim Regulation, or of the Implementing Rule 5 , or has made a false or misleading statement in its application. (Article 10A, MDS-IR 5)
B. The SFDA shall suspend the license of an authorised representative if it is of the view that he has not correctly fulfilled the mandates tasks. (Article 10A, MDS-IR 5)
SUSPEN
EDED
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Corrective action
1. Before suspending a license, the SFDA shall send the licensee a notice that sets out the reason for the intended suspension and, if appropriate, corrective actions to be taken as well as the time during which they shall be implemented. (Article 10C, MDS-IR 5)
2. The suspended license shall be reinstated if the situation that gave rise to its suspension has been properly corrected. (Article 10D, MDS-IR 5)
3. If the required corrective actions have not been adopted in due time, the license shall be withdrawn. (Article 10E, MDS-IR 5)
4. The SFDA shall provide information to the licensee on the procedure to appeal the action taken. (Article 10F, MDS-IR 5)
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