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Import Authorization for Novel Medical Devices IVDs (Forms MD-26, MD-27)

Introducing an innovative medical device into the Indian market may require a specialised regulatory assessment where the proposed device does not have a predicate medical device.

Under the Medical Devices Rules, 2017, a specific regulatory pathway is available for obtaining permission to import or manufacture for sale or distribution a medical device that does not have a predicate medical device.
The application and approval process involves:

Form MD-26 – Application for Grant of Permission

Form MD-27 – Permission Granted by the Central Licensing Authority

MDR Consultants provides regulatory and documentation support to manufacturers and authorised representatives navigating this specialised CDSCO pathway.

Understanding Form MD-26 and Form MD-27

What is Form MD-26?

Form MD-26 is the prescribed application for seeking permission to import or manufacture for sale or distribution a medical device that does not have a predicate medical device.

The application is submitted to the Central Licensing Authority (CLA) along with the applicable fee and supporting documents prescribed under the Medical Devices Rules, 2017.

The application includes information relating to the applicant, manufacturer, manufacturing site and medical device proposed for import or manufacture.

What is Form MD-27?

Form MD-27 is the permission granted by the Central Licensing Authority for the import or manufacture for sale or distribution of a medical device that does not have a predicate medical device, subject to the applicable provisions and conditions.

In simple terms:

MD-26 = Application for Permission

MD-27 = Regulatory Permission

Who Can Apply Under the MD-26 / MD-27 Pathway?

The regulatory pathway may be relevant to eligible applicants seeking permission to:

  • Import a medical device for sale or distribution in India; or
  • Manufacture a medical device for sale or distribution in India,

where the device does not have a predicate medical device and the applicable requirements of the Medical Devices Rules, 2017 are fulfilled.

where the device does not have a predicate medical device and the applicable requirements of the Medical Devices Rules, 2017 are fulfilled.

Indian Medical Device Manufacturers

Manufacturers seeking regulatory permission for an innovative medical device intended to be manufactured and introduced into the Indian market.

Authorised Indian Representatives / Import Applicants

Eligible Indian entities representing overseas manufacturers and seeking permission to import a medical device into India.
The appropriate applicant structure and regulatory responsibilities should be assessed before submission.

MD-26 & MD-27 Regulatory Process

The regulatory process may generally involve the following stages:

Device Assessment
Predicate Device Assessment
Regulatory Strategy Development
Device Classification Assessment
Technical Documentation Preparation
Safety and Performance Evidence Review
Risk Management Documentation
Quality Management Documentation
MD-26 Application Preparation
CDSCO Submission
Technical and Regulatory Review
Response to Queries, if Raised
Grant of Permission in Form MD-27
01

Assess the Medical Device

The regulatory process begins with a detailed assessment of the proposed medical device.

Key information that may require review includes:
• Generic name of the device
• Model or variant details
• Intended use
• Indications and target users
• Device technology
• Mode of operation
• Materials, where applicable
• Sterile or non-sterile status
• Shelf life, where applicable
• Proposed risk classification

02

Assess the Availability of a Predicate Device

An important aspect of this pathway is determining whether an appropriate predicate medical device exists.

The regulatory assessment should consider the characteristics and intended use of the proposed device and evaluate the availability of an appropriate predicate device.

Where the device is determined to fall within the pathway applicable to medical devices without a predicate device, the regulatory submission strategy should be developed accordingly.

03

Determine the Applicable Regulatory Strategy

The regulatory strategy should be established before preparing the application.

This assessment may include:
• Device classification
• Intended use
• Novelty of the technology
• Availability of comparable devices
• Regulatory status in other jurisdictions
• Available safety and performance evidence
• Clinical evidence, where applicable
• Applicable testing or evaluation requirements

A properly planned regulatory strategy helps identify the information and documentation required for the proposed application.

04

Prepare the Technical Documentation

The technical documentation should provide sufficient information about the medical device and support its regulatory evaluation.

Depending on the nature of the device and applicable requirements, documentation may include:
• Device description
• Intended use
• Design information
• Manufacturing information
• Material specifications, where applicable
• Product specifications
• Performance characteristics
• Verification and validation information
• Packaging details
• Labelling
• Instructions for Use
• Shelf-life information, where applicable

The scope and level of documentation should be determined based on the specific device and applicable CDSCO requirements.

05

Compile Safety and Performance Evidence

The regulatory application should be supported by appropriate evidence relating to the safety and performance of the medical device.

Depending on the nature and risk profile of the device, relevant evidence may include:
• Bench testing
• Verification data
• Validation data
• Performance testing
• Biocompatibility information, where applicable
• Electrical safety and electromagnetic compatibility information, where applicable
• Software validation, where applicable
• Clinical evidence, where applicable
• Other device-specific supporting data

The evidence package should be appropriate to the device technology, intended use and regulatory requirements.

06

Prepare Risk Management Documentation

Risk management is an important component of medical device regulatory documentation.

The risk management process should address the identification and evaluation of potential hazards associated with the device and the measures implemented to control associated risks. Risk management documentation may address:
• Identification of hazards
• Estimation and evaluation of risks
• Risk control measures
• Assessment of residual risks
• Evaluation of benefit-risk considerations, where applicable

Where ISO 14971 is used as part of the manufacturer's risk management framework, the documentation should be appropriately aligned with the device and its intended use.

07

Quality Management System Documentation

The manufacturer should maintain an appropriate quality management system in accordance with applicable regulatory requirements.

Relevant quality documentation may include information relating to: • Design controls
• Manufacturing controls
• Supplier controls
• Quality control procedures
• Complaint handling
• Corrective and preventive action
• Document control
• Change management

Evidence relating to an established quality management system, including ISO 13485 certification where applicable, may form part of the supporting regulatory documentation.

08

Prepare the Form MD-26 Application

Once the regulatory strategy and supporting documentation are in place, the application can be prepared in Form MD-26.

The prescribed form includes information relating to:
• Applicant details
• Nature and constitution of the applicant
• Corporate or registered office
• Manufacturing site or authorised agent details, as applicable
• Manufacturer and manufacturing site details
• Medical device details
• Applicable fee
• Supporting documents required under the applicable provisions

Before submission, the application and technical dossier should be reviewed for completeness and consistency.

09

Submit the Application to CDSCO

The MD-26 application is submitted through the applicable CDSCO regulatory system along with the required documents and applicable government fee.

Before submission, it is advisable to verify:
• Accuracy of applicant information
• Correct manufacturer details
• Device details and intended use
• Classification justification
• Completeness of technical documentation
• Supporting safety and performance evidence
• Regulatory status documentation, where applicable
• Consistency between forms and supporting documents

10

CDSCO Regulatory Review

The Central Licensing Authority reviews the application and supporting documentation in accordance with the applicable regulatory provisions.

During the review, additional clarification, documents, justification or supporting information may be requested. The nature and extent of regulatory review may depend on factors including:
• Nature of the technology
• Intended use
• Risk associated with the device
• Novelty of the device
• Available scientific evidence
• Safety and performance information
• Completeness of the submitted documentation

11

Response to Regulatory Queries

Where clarification or additional information is requested during the regulatory review, responses should be prepared carefully and supported with relevant evidence.

A well-structured response should:
• Address the specific query raised
• Provide scientifically and technically appropriate clarification
• Include relevant supporting documentation
• Maintain consistency with the original submission
• Clearly identify any revised or additional information
Effective regulatory query management is important during the review process.

12

Grant of Permission in Form MD-27

Where the Central Licensing Authority is satisfied with the application and supporting documentation in accordance with the applicable requirements, permission may be granted in Form MD-27.
The permission is subject to the applicable provisions of the Medical Devices Rules, 2017 and any conditions associated with the regulatory approval.
Applicants should review the scope and conditions of the granted permission before proceeding with commercial activities.

Key Documentation Areas for an MD-26 Application

The exact documentation requirement may vary depending on the nature of the medical device and the regulatory assessment. A typical regulatory dossier may involve the following areas:

Sr. No. Documentation Area
1 Form MD-26 Application
2 Cover Letter
3 Applicant Details
4 Manufacturer and Manufacturing Site Details
5 Device Description
6 Intended Use
7 Device Classification and Supporting Justification
8 Predicate Device Assessment
9 Technical Documentation
10 Device Specifications
11 Safety and Performance Evidence
12 Risk Management Documentation
13 Quality Management System Documentation
14 Labelling and Instructions for Use
15 Regulatory Status in Other Jurisdictions, where applicable
16 Applicable Fee Documentation
17 Additional Documents as Required by CDSCO

How MDR Consultants Can Help

MDR Consultants provides regulatory and documentation support for eligible institutions seeking assistance with the MD-18 and MD-19 regulatory pathway.

Our support services include:

  • Regulatory Applicability Assessment: Assessment of the proposed case against the relevant provisions of the Medical Devices Rules, 2017 and evaluation of the applicability of the MD-18/MD-19 pathway.
  • Device Eligibility Review: Review of the available information relating to the investigational medical device, including its regulatory status and approval in the country of origin.
  • Documentation Assessment: Identification and organisation of relevant medical, institutional, device, manufacturer and regulatory documentation required to support the application.
  • MD-18 Application Support:
    Assistance with organising the information and documentation required for preparation of the application in Form MD-18.
  • Regulatory Documentation Coordination: Support in ensuring consistency between patient treatment information, medical justification, device details and supporting institutional documentation.
  • CDSCO Submission Support: Assistance with the applicable regulatory submission process and coordination of the documentation package.
  • Query and Clarification Support: Assistance in reviewing regulatory queries or requests for clarification and coordinating appropriate responses with the concerned stakeholders.
  • MD-19 Licence Stage Support: Regulatory support throughout the application review and licensing process, including assistance in understanding the scope and conditions of the licence.

MDR Consultants – MD-18 & MD-19 Regulatory Support

MDR Consultants provides professional regulatory support for eligible Government hospitals and statutory medical institutions involved in applications for the import of investigational medical devices for patient treatment.

Contact MDR Consultants to discuss your MD-18 / MD-19 investigational medical device import requirement.