Regulatory Open Forum

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  • 1.  District of Columbia Medical Device Regulations

    Posted 06-Jul-2017 16:46
    One of my clients just received a letter from the Health Regulation and Licensing Administration of the Department of Health in DC.  I have not heard of this before so we're wondering if it's for real.  Hoping someone can help.

    Dear Madam/Sir

    As of October 28, 2016, the District of Columbia Medical Device Regulations, Title 22-B (Public Health and Medicine), Chapter 102 (Licensing of Medical Devices - Distributors, Manufacturers, Initial Importers, And Vendors) requires that each person engaged in distributing, manufacturing, importing, or the vending of medical devices to or within the District of Columbia must be licensed with the D.C. Department of Health (DOH).  For further details, please review or regulations located at .....

    The initial license fee is five hundred dollars ($500).  The expiration date of the license is September 30th of each year at the cost of five hundred dollars ($500).


    The letter goes on but I think you get the idea.  Can you provide insight?

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    Susan Hamann RAC
    President
    Hamann QR Consulting
    Burlington MA
    United States
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  • 2.  RE: District of Columbia Medical Device Regulations

    Posted 06-Jul-2017 16:52
    Susan,

    It is real.

    Thank you.

    s/ David
    ______________________________________________
    Dr. David Lim, Ph.D., RAC, ASQ-CQA 
    REGULATORY DOCTOR
    Phone (Toll-Free): 1-(800) 321-8567

    NOTICE: This communication (including any attachments) may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication and/or shred the materials and any attachments and are hereby notified that any disclosure, copying or distribution of this communication, or the taking of any action based on it, is strictly prohibited.







  • 3.  RE: District of Columbia Medical Device Regulations

    Posted 07-Jul-2017 07:47
    Hello Susan,

    It is real.  D.C. has used licensing mechanisms for certain device manufacturers, distributors, demonstrators,  importers for a while (think radiology equipment, for example). Actually D.C. was one if the easier municipalities/states to deal with, but I don't remember their fees being quite this high in the past, when my company had to license servicing CT equipment.

    Many states and some counties within have these requirements.  I would contact them directly and look them up on the web.

    Good luck,

    Ginger Cantor, MBA, RAC
    Centaur Consulting LLC centaurconsultingllc@gmail.com
    (+1) 715-307-1850







  • 4.  RE: District of Columbia Medical Device Regulations

    Posted 07-Jul-2017 14:42
    Susan,
    It is real and many states require licenses to operate within their state. Typically there are conditions related to when you have to pay and these vary state to state (or district, commonwealth, etc.). Some require licenses just to sell within the state, while others only require the license if you operate your business or distribute within their state. I agree with the recommendation to call the DC DOH. The full regulations are here: https://doh.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/District%20of%20Columbia%20Municipal%20Regulations%20for%20Medical%20Devices_0.pdf and I would recommend looking at section 10208 which goes over the minimum requirements for licensure.

    -MN

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    Michael Nilo
    Network Regulatory Partners
    Nilo Medical Consulting Group
    Portland OR
    United States
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  • 5.  RE: District of Columbia Medical Device Regulations

    Posted 08-Jul-2017 09:42
    ​Yes, there was a time when many small businesses operated without "required" state and local licenses, simply due to a lack of resources for state and local government to inform businesses of these requirements and to find those that are not in compliance.   Thanks to the internet, both activities have become easier and less expensive.

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



  • 6.  RE: District of Columbia Medical Device Regulations

    Posted 12-Jul-2017 22:02
    ​One of my clients just received the same letter.  So I had to dive into the 314 pages of the regulation.  In case it's of use to the Forum, here is what I found:

    Accept for the licensing requirements (Chapter 102 spanning pp. 1-12 of the document), the DC regulations are basically a local (DC) adoption of medical device laws and regulations that already exist at the federal level.  In other words, the content on pp. 13-314 is essentially a recitation of certain preexisting FDA medical device laws and regulations (see p. 2).

    However there are some administrative adaptations [such as DC Department of Health (DOH) mailing addresses] to accommodate correspondence with the DC DOH instead of FDA.  Beware also that the DC DOH's recitations of FDA's rules/regulations don't always match FDA's current rules/regulations.  For example, the Quality System Regulation citations (chapter 107) are from an older version of the Quality System Regulation.  Another example: The Establishment Registrations are to be done using the old form FDA-2891 (FDA has since implemented the FURLS system instead).

     

    To sum it all up:

    1. Comply with the licensing requirements on pp. 1-12.
    2. Keep complying as usual with the p. 2 FDA rules/regulations, except also send duplicates to the DC DOH too.  This even includes things like MDR reports and premarket submissions such as 510(k)s, PMAs, and IDEs.

    For the premarket submissions, the DC DOH claims (for example, see subchapter 10521) it will perform a premarket review and clearance that is essentially identical / redundant to FDA's.  I don't see how the DC DOH has the bandwidth and capability to duplicate FDA's efforts unless it is via some kind of internal mutual recognition arrangement between the DC DOH and their friends down the road at the FDA.

    ------------------------------
    Kevin Randall, ASQ CQA, RAC (U.S., Canada, Europe)
    Principal Consultant
    ComplianceAcuity, Inc.
    Golden CO
    United States
    www.complianceacuity.com
    Copyright 2017 by ComplianceAcuity. All rights reserved.
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  • 7.  RE: District of Columbia Medical Device Regulations

    Posted 12-Jul-2017 22:11
    ​By the way, remember that these DC regulations only apply to persons engaged in distributing, manufacturing, importing, or vending of medical devices to or within the District of Columbia.

    Hope this helps,

    ------------------------------
    Kevin Randall, ASQ CQA, RAC (U.S., Canada, Europe)
    Principal Consultant
    ComplianceAcuity, Inc.
    Golden CO
    United States
    www.complianceacuity.com
    ------------------------------



  • 8.  RE: District of Columbia Medical Device Regulations

    Posted 13-Jul-2017 07:32
    Hi Kevin, 

    She should call D.C. DOH. This is usually more of a license to do business by the firm, not a product review issue. Think of other state regulations for distributor registrations, etc.

    Ginger Cantor, MBA, RAC
    Centaur Consulting LLC centaurconsultingllc@gmail.com





  • 9.  RE: District of Columbia Medical Device Regulations

    Posted 13-Jul-2017 11:08
    Yes, in my experience, the only "compliance" state and local governments are really interested in is with the licensing fee.

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