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Frequently Asked Questions

 
General
 
What is a medical device?
What is the existing legislative control of medical devices?
Why do we need to regulate medical devices?
Does regulation limit the choice of medical devices available in the market?
What is the progress so far?
Do overseas countries have regulation on medical devices?
What is the Global Harmonization Task Force (GHTF)?
   
Classification of medical devices
 
How many classes of medical devices are there?
What are the principles in classifying medical devices?
What is the purpose of separating medical devices into different classes?
How can I know the class of a particular medical device?
   
Control on use of selected medical devices
 
What is the proposed control on use of medical devices?
What is the impact of the proposed regulation on registered health care professionals?
   
   
  General
What is a medical device?
 

Medical devices range from sophisticated equipment such as cardiac pacemakers used by health care professionals to simple products such as bandages and thermometers bought over the counter by the public.

In essence, a medical device refers to any instrument, apparatus, appliance, material or other article, excluding drugs, used for human beings for diagnosis, prevention, treatment, monitoring of diseases or injuries; or for rehabilitation purposes; or for the purposes of investigation, replacement or modification of body structure or function. In addition, it includes devices used for examination of human specimens.

An accessory to a medical device is subject to the same regulations that apply to the medical device itself. However, devices designed for the treatment or diagnosis of diseases and injuries in animals are outside the scope of the proposed regulatory framework.

Please refer here for a full definition of medical device as adopted from the Global Harmonization Task Force (GHTF).

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What is the existing legislative control of medical devices?
 

Currently, there is no specific legislation to regulate the importation or sale of medical devices in Hong Kong except those containing pharmaceutical products or emitting ionizing radiation.

The Consumer Goods Safety Ordinance (Cap.456) provides protection against the supply, manufacture or import of unsafe products, including some medical devices that can be regarded as consumer goods, unless otherwise specified in the Schedule. The Electrical Products (Safety) Regulation (Cap.406G) provides protection against the supply of unsafe electrical products including medical devices designed for household use except those products specified otherwise.

The statutory regulation of certain health care professionals, whereby the practitioners are required to ensure the safe and appropriate treatment for patients, also provides incidental control on the use of medical devices.

The Undesirable Medical Advertisements Ordinance (Cap.231) prohibits advertisements related to the curative or preventive effects of products on diseases listed in the Ordinance.

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Why do we need to regulate medical devices?
 

Following are the major problems identified at present -

  1. No pre-market control to assess the safety, efficacy and quality of medical devices to safeguard public health;

  2. No specific control on the use of selected medical devices by non-medical professionals to ensure the safety of consumers;

  3. No formal adverse incident reporting and proactive surveillance systems;

  4. Inadequate product information for the public and operators to make informed choices on the safe use of medical devices.

In view of the above, there is a need to develop an appropriate regulatory system to control the supply and use of medical devices in Hong Kong.

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Does regulation limit the choice of medical devices available in the market?

 

We should strike a balance between providing consumers with sufficient choice and offering the community medical devices that perform safely, efficaciously and as intended. The Government is aware of the potential cost implication to the trade and users of medical devices. Therefore, we propose a cost-effective, risk-based regulatory approach with reference to harmonized international standards recommended by the relevant international authority - Global Harmonization Task Force (GHTF) on medical devices. The degree of control will be relative to the level of risk associated with a device.

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What is the progress so far?

 

To raise public awareness on the safe use of medical devices and enable traders to familiarize themselves with the future mandatory requirements, the Government has launched a Medical Device Administrative Control System (MDACS) on 26 November 2004. The first phase of MDACS starts with voluntary listing of Class IV (High Risk) Medical Devices.The second phase of MDACS, which includes voluntary listing of Class II & Class III (Medium Risk) Medical Devices, has been launched on 14 November 2005. The list of medical devices will be posted on our website as reference for the public in due course.

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Do overseas countries have regulation on medical devices?

 

Many regions and countries like the European Union, USA, Australia, Canada, and Japan already have their own systems for the control of medical devices. Asia-Pacific countries such as the Mainland China, Philippines, Indonesia, South Korea and Thailand also operate their own systems to regulate medical devices. Singapore will soon implement her own mandatory control on medical devices.

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What is the Global Harmonization Task Force (GHTF)?
 

GHTF is a voluntary consortium with representatives from the trade and regulatory authorities from USA, Canada, Australia, Japan and the European Union formed in 1992 to harmonize the standards and principles of regulating medical devices.

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  Classification of medical devices
How many classes of medical devices are there?
 

Adopting from the Principles of Medical Devices Classification proposed by the GHTF, medical devices are grouped into four (4) classes according to the risk level associated with their intended use. Class IV Medical Devices bear the highest risk whereas Class I Devices bear the lowest risk. Please refer to the principles and rules of classification for details. Some general examples of classified devices can also be found in our website (please note that the listed examples are for the purpose of illustration only. The classification of a particular medical device depends on its actual design, intended use, and other factors described in the following question).

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What are the principles in classifying medical devices?

 

Medical devices are classified according to the risk level associated with their intended use. In general, the risk level depends on the design of a medical device as well as its intended use. The actual classification of each device also depends on one or several of the following factors, such as the duration of device in contact with the body, the degree of invasiveness, whether the device delivers medicines or energy to the patient, whether they are intended to have a biological effect on the patient and local versus systematic effects (e.g. conventional versus absorbable sutures). These factors may, alone or in combination, affect device classification. For details, please refer to rules of classification.

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What is the purpose of separating medical devices into different classes?

 

Safety can only be considered in relative terms. All medical devices carry a certain degree of risk that could cause problems in specific circumstances. The level of regulatory control should take into account the risks and benefits associated with use of the medical device. To avoid unnecessary burden on trade and provide local consumers with access to medical devices of latest technology, the rules of classification separate medical devices into different classes and subject them to different level of regulatory control.

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How can I know the class of a particular medical device?
 

The class of a particular medical device is important only for the purpose of regulatory control, such as a decision on whether pre-market approval and/or proactive post-market surveillance are required. As classification of a particular medical device depends on the risk associated with its intended purpose, the manufacturer is in the best position to follow the rules of classification and provide this information. Some general examples of classified devices can also be found in our website.

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  Control on use of selected medical devices
What is the proposed control on use of medical devices?
 

The proposed regulation emphasizes that some medical devices should only be operated by properly trained personnel. It aims at preventing harms or complications arising from improper use of the selected medical devices by unqualified personnel. Based on public concern and risk assessment, only laser and Intense Pulsed Light equipments are initially selected for regulation on their possession and operation.

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What is the impact of the proposed regulation on registered health care professionals?
 

Registered healthcare professionals using those selected devices will continue to be regulated by their own professional bodies.

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Last revision date: 26 May 2009