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TGA conformity assessment and MDSAP

  • 1.  TGA conformity assessment and MDSAP

    This message was posted by a user wishing to remain anonymous
    Posted 06-Dec-2019 16:18
    This message was posted by a user wishing to remain anonymous

    I understand TGA is part of the MDSAP program. The MDSAP is essentially a 13485 audit with the addition of regional requirements.  Is a product specific audit also part of the audit to receive a CE mark?  I know the EU's conformity assessment looks at both the qms and product.  But I am not sure if the TGA audit looks at both to receive the CE mark.  I look forward to any clarification.  Thanks.


  • 2.  RE: TGA conformity assessment and MDSAP

    Posted 08-Dec-2019 19:39
    Product audit is very definitely part of the CE mark process.  The depth of the audit goes up with product risk class.  

    I am not sure what you mean by "But I am not sure if the TGA audit looks at both to receive the CE mark."  

    TGA does issue MDD CE marks under a mutual recognition agreement with Europe but that is being phased out.  TGA's own Conformity Assessment process and their CE marking process is essentially identical to that of Europe - and includes both product and QMS review.

    TGA has for years accepted CE certificates as basis for Australian registration (with additional desktop review for higher risk devices). With advent of MDSAP, TGA now can register devices in Australia based on MDSAP audit plus product review from either Canada, Japan or USA.

    The process is as below:

    TGA Registration processes using international evidence


    ------------------------------
    Arthur Brandwood PhD FRAPS
    Director and Principal Consultant
    Brandwood CKC
    Sydney, Australia
    Arthur.brandwood@brandwoodckc.com
    ------------------------------



  • 3.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 06:13
    Arthur,

    Can you clarify 'TGA does issue MDD CE marks under a mutual recognition agreement with Europe but that is being phased out' . We have TGA as our Notified body and have indicated they would continue their status as NB..

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    RashmiGreenacresAustralia
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  • 4.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 08:37
    Hi Arthur

    My.understanding is also that TGA will accept ISO 13485:2016 certification with FDA 510(k) clearance (instead of needing MDSAP) certificate but it will take longer if the ISO certificate is not an MDSAP AND more likely TGA may request their own inspection and/or more thorough review of the  Australian Technical Dossier.

    Is this correct?  Or Is TGA only accepting MDSAP, which, like Canada would be shooting themselves in the foot for companies cleared by FDA but not yet possessing a CE cert (even if they have a major NB issuing their ISO cert).

    A couple of my clients intend to submit if possible with Australian dossier and DoC, and 510(k) clearance, and ISO 13485:2016 from a top NB.

    Thanks for clarifying,  I am getting conflicting information from potential in-country reps there we are thinking of working with.

    Ginger



    ------------------------------
    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
    ------------------------------



  • 5.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 10:09
    Just for clarification: a manufacturer can submit an MDSAP certificate (e.g. for Canada) plus a domestic regulatory approval certificate to TGA for registration of their product.  An Australia-specific technical file is not required.  However, for higher risk devices, TGA may require additional information.  Thank you.

    ------------------------------
    Karen Zhou
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  • 6.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 10:20
    Hi Karen

    Thanks, yes, I was not clear enough I think.

    We do not intend to go through MDSAP certification audit at this time because it would be a huge distraction and CANADA is the only country requiring it for the moment...  My clients do not intend to enter Canada in the short term and the expense and distraction of preparing for MDSAP if not required is too much at this time for them (or might be, given all they are working on). 

    SO, with only ISO 13485:2016 and FDA clearance, will TGA accept a filing to list on ARTG?  (with DoC and payment and Australian Tech File and EP checklist)?  or will TGA only accept MDSAP.  Unclear from TGA. 

    Thanks,

    ------------------------------
    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
    ------------------------------



  • 7.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 17:45
    Edited by Arthur Brandwood 09-Dec-2019 17:46
    Some additional clarifications for Ginger and Rashmi.

    1. Ongoing MRA status of TGA issue of CE certificates. 

    We have authoritative advice from TGA that they will continue under the Australia - Europe Mutual Recognition Agreement to act as Notified Body under the MDD, but that they will not transition to act under the MDR.  TGA are currently extending CE certificates issued under the MDD for the full grace period (to May 2024), providing there are no substantial changes to product.  This gives all manufacturers with TGA issued CE certificates the maximum time to transition to a Notified Body and gain separate MDR certification from an MDR  designated Notified Body.

    So Rashmi - you need to ensure that you get your TGA-issued CE certificate extended and then seek a Notified Body to gain an MDR CE certificate before May 2024.  Given the long waiting times for Notified Bodies (typically 12-18 months before they will accept your case), start today.

    2. Acceptance of MDSAP vs ISO 13485  

    TGA's view is that in order to enter a product on the Australian Register of Therapeutic Goods (ARTG) they need evidence of both product and Quality System compliance.

    TGA has for many years accepted CE certificates alone as evidence for medical device registration.  Note that no ISO 13485 certificate was required as the existence of the CE certificate is evidence in its own right that both product and quality system requirements have been met. They were comfortable to do this because of the nearly identical regulatory requirements in Australia and Europe and thus were comfortable that the QMS under a CE would address Australian requirements.

    When TGA extended the acceptable evidence to include US, Canadian and Japanese requirements they put in place requirements which addressed both QMS and Product  requirements and which specifically ensured that the QMS addressed Australian regulatory requirements.  Therefore TGA requires two pieces of evidence: 

    1. a product approval from US/Canada or Japan plus
    2. an MDSAP certificate which specifically includes Australian requirements in its scope (or a Japanese QMS certification).  An ISO 13485 certificate alone is not acceptable.

    3. Application Audits and Technical File Documentation


    For any registration based on international review evidence, TGA reserves the right to review Technical File documentation under a desktop review process known as an Application Audit (it's the green bar in the graphic in my original post).  For higher risk devices (all Class III, AIMDs and most implantable IIb devices) that review is mandatory and attracts a fee.  AS TGA feels its way forwards accepting US/Canadian/Japanese evidence for the first time, they are likely to do a lot of applicaiton audits on applications supported by evidence from these countries.  That should reduce with time.

    An application audit typically is a review of :
    • Product labelling/IFU
    • Risk Management Report
    • Clinical Evidence Report
    • Essential Principles Checklist.
    Any applicant to TGA should hold these documents, maintain them up to date and be prepared to provide them to TGA on demand.  Note that this regulatory framework is based on most applications being approved on the certificates alone but a tacit understanding that the manufacturer has a Technical File that addresses Australian requirements and will provide it immediately on request.  "Immediately" is typically within 20 working days of written TGA demand.  Of greatest importance is the CLinical Evidence Report - which should address the TGA Clinical Evidence Guidelines (which are essentially the same as the European MEDDEV 2.7/1 version 4.

    Direct TGA Assessment

    Any applicant who cannot meet the international evidence requirements supported by CE/US FDA/Canadian or Japanese reviews will need to apply for direct TGA conformity assessment.  note that this is the same process as a a Notified Body conformity assessment and takes a minimum of 9 monhts to process.  This is mandatory for any Class III device which contains an integral medicine or a biological origin material.  TGA does not accept international evidence alone for these highest risk devices (but may abridge their assessment depending on the international reviews already undertaken).

    All of this is explained in more detail in a recording of a live webinar (complete with Q&A).  

    Hope this clears things up a little!


    ------------------------------
    Arthur Brandwood PhD FRAPS
    Director and Principal Consultant
    Brandwood CKC
    Sydney, Australia
    Arthur.brandwood@brandwoodckc.com
    ------------------------------



  • 8.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 18:38
    I guess I would rather have the client do the longer TGA assessment because an MDSAP audit is a pain in the ***.  And getting a MDSAP AO time to do an MDSAP might take as long or  longer than doing TGA Conformity assessment. In this case, my clients have Class IIa devices.   It might be insane at this time to do MDSAP now for such a small market.

    As I said,  I think TGA shot themselves in the foot, similar to Canada.  FDA prefers MDSAP but cannot require it until they change the laws, difficult in our current political climate. Best FDA can do and is trying to do is migrate to ISO 13485 certification and that still requires a law change.   

    Thanks Arthur, I shall take it under advisement.  I just don't see how this gives Australia quicker access to innovative devices from smaller companies more quickly.   It certainly frees up TGA.assessors from looking at evidence on how company meets Australian EPs, but will discourage smaller companies from bothering with Australia initially if they cannot quickly certify to MDSAP.

    Best regards,



    ------------------------------
    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
    ------------------------------



  • 9.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 18:55
    HI Ginger

    TGA's acceptance of US/Japan/Canada is an extension of what they were previously doing, so they certainly don't see this as a negative - it's providing more access channels than before.  And MDSAP is not mandatory - it's an additional option which opens up use of Canadian/US/Japanese evidence where that was not previously possible. 

    The key issue here is trust.  TGA regards MDSAP audits as trustworthy.  That's not necessarily true for an ISO certificate from an unknown registrar.  If the ISO cert comes from a Notified Body then there will almost always be a corresponding CE approval and TGA will accept that very easily.  For Class IIa devices, approvals based on CE can take as little as 24 hours but we usually advise clients to allow a few weeks.

    As for the difficulties of doing MDSAP, we have taken a number of Australian clients through MDSAP.  They were all small firms, it was very manageable for all of them.  Originally MDSAP was very onerous, but now that assessors have some experience things are settling down considerably and it really is becoming ISO 13485 plus.  

    And the Brazilian example shows how powerful MDSAP is becoming in that market -where the stats show MDSAP audits are replacing direct ANVISA audits very rapidly.

    ------------------------------
    Arthur Brandwood PhD FRAPS
    Director and Principal Consultant
    Brandwood CKC
    Sydney, Australia
    Arthur.brandwood@brandwoodckc.com
    ------------------------------



  • 10.  RE: TGA conformity assessment and MDSAP

    Posted 09-Dec-2019 20:53
    Hi Arthur

    Yes, I realize that.  Let's say that the ISO 13485:2016 certificate issuer is BSI or TUV SUD.  Hopefully that would go smoother.  But there is no way that a small company with less than 15-20 employees is ready to jump into the EU and get a CE mark right now under MDR as they figure everything else out.  Wow - that would be really complicated. So the clients have a ISO cert issued by a highly reputable NB, but no CE mark, as product is not evaluated for MDD/MDR yet. And no Notified Body is accepting new Tech Files  even for existing clients, the backlog for Tech File review for new products is 6 months to a year, regardless of MDD/MDR compliance audit. 

    But we positioned with a reputable NB as the ISO registrar, planning ahead for MDSAP and other CAB requirements.   Hoping that would count for something.  MDSAP certificate is there in the future, but not the immediate short term. At least the clients have a reputable Notified Body already, so they are not completely out in the cold for the future. 

    Thanks, I do know of Brandwood, it is all timing, $ and resources to get it all done, while moving forward.  This is one of the craziest times I have ever worked in this industry!

    Best, Ginger

    ------------------------------
    Ginger Cantor, MBA, RAC
    Founder/Principal Consultant
    Centaur Consulting LLC
    River Falls, Wisconsin 54022 USA
    715-307-1850
    centaurconsultingllc@gmail.com
    ------------------------------



  • 11.  RE: TGA conformity assessment and MDSAP

    Posted 10-Dec-2019 04:42
    Thanks for the concise information Arthur, that is very helpful.

    ------------------------------
    Richard Vincins RAC
    Vice President Global Regulatory Affairs
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  • 12.  RE: TGA conformity assessment and MDSAP

    Posted 10-Dec-2019 20:20
    Edited by Julie Omohundro 10-Dec-2019 20:22
    IMO, trust is the alternative to verification, and the key issue in all things regulatory and quality is not trust, but verification. Hopefully, TGA does not accept MDSAP certificates because it thinks they are trustworthy, but because it practices risk management.  Its decision not to pursue MDR designation strikes me as most likely a risk-based decision, and probably a wise one.

    How could anyone in the medical device industry seek ISO 134585 certification from an unknown certifying body?  I'm under the impression that have never been that many of them.  On the flip, how could any organization that certifies to ISO 13485 be unknown to an agency that regulates medical devices?  It's always seemed to me that everyone working on the QMS side knows them well enough, plus they seem to be pretty much the same organizations that issue MDSAP certificates.

    My impression is that the main impact of MDSAP on Brazil is that it has provided a way for the multinationals to bypass ANVISA inspections.  In contrast, Brazil's own manufacturers have had little use for MDSAP, because they don't sell their products in enough markets to warrant the cost.  Thus you have  the irony of a regulatory program that Brazil helped create, and in which it participates, offering little to no benefit to its own companies, while making it easier for their competitors to gain access to the Brazilian market.

    As for how powerful MDSAP is becoming, that could well be a phrase that fits.  Almost all of the discussions I have with those who have followed the program from the early years revolve around the extent to which it seems to have been corrupted from inception to implementation.  On the other hand, the different perceptions of MDSAP often seem to be examples of blind men and elephant, so it's possible people have just been seeing it from different perspectives over time.






    ------------------------------
    Julie Omohundro, ex-RAC (US, GS), still an MBA
    Principal Consultant
    Class Three, LLC
    Mebane, North Carolina, USA
    919-544-3366 (T)
    434-964-1614 (C)
    julie@class3devices.com
    ------------------------------