Medical devices reforms: Personalised medical devices

Project overview

A new framework has been introduced to ensure an appropriate level of regulation is applied to Personalised Medical Devices to manage the risk these devices may pose.

Prior to 25 February 2021, most personalised medical devices (PMD) met the definition of 'custom-made' and were exempt from the requirement to be approved by us and included in the Australian Register of Therapeutic Goods (ARTG) before they could be imported, exported or supplied (though they were subject to other regulatory obligations).

Over the past two decades, rapid advances in computing technology and materials science have resulted in significant changes to medical imaging technology, manufacturing technology and, as a result, medical device technology. Newer methods of manufacture such as 3D-printing allowed more complex and, in some cases, higher-risk medical devices to be personalised for an individual patient and supplied under the custom-made medical device exemption.

Following extensive consultation and liaison with other global regulators, we developed a new regulatory framework for PMD. This new framework has been introduced by the Government to ensure an appropriate level of regulation is applied to PMD to manage the risk they may pose. The new framework came into effect on 25 February 2021, and includes:

• new definitions for personalised medical devices, including patient-matched and adaptable medical devices, that reduce the scope of the custom-made medical device exemption
• changes to the conditions of exemption for custom-made medical devices
• new requirements for the inclusion of Medical Device Production System (MDPS) in the ARTG.

Medical Device Production Systems (MDPS)

MDPS are a new concept in medical device regulation where an end-to-end system for the manufacture of medical devices can be included in the ARTG, thereby allowing medical devices to be manufactured within healthcare facilities without the need for the facility to include those devices in the ARTG. 

While the definition of an MDPS is included in the Therapeutic Goods (Medical Devices) Regulations 2002, this definition will not take effect until a subsequent legislative instrument declaring an MDPS to be a medical device is in place. 

This subsequent legislative instrument is likely to be drafted following work currently underway with the International Medical Device Regulators Forum (IMDRF) and once we have established regulatory structures to appropriately assess and evaluate these systems. This work is progressing.

Patient-matched medical devices (PMMD)

Most of the devices that were previously supplied under the custom-made medical device exemption will now meet the definition of a PMMD. From 25 February 2021, PMMD must be included in the ARTG before they are imported into, supplied within, or exported from Australia (unless they are exempt, excluded or otherwise approved by us).

For PMMD that met the definition of a custom-made medical device before 25 February 2021, the original deadline to notify us of intention to transition to inclusion in the ARTG was 25 August 2022.

In November 2023, regulatory amendments were made to extend the notification period for sponsors of existing PMMD from 25 August 2022 to 1 November 2024. Sponsors can therefore still qualify for the transition if they notify us before 1 November 2024. They can then continue to supply their PMMD without an ARTG inclusion until 1 July 2029. 

Sponsors with PMMD that entered the market after 25 February 2021 will not qualify for transitional arrangements and must be included in the ARTG before it can be imported or supplied.

If no transition notification is made for an eligible PMMD it must be included in the ARTG prior to import or supply (unless exempt or excluded).

There is an exemption allowing the supply of up to five of a kind of PMMD to be supplied in a financial year without requiring an ARTG inclusion.

Useful guidance

• A Step-by-step guide – How to submit a custom-made medical device / patient-matched medical device notification
• Personalised medical devices (including 3D-printed devices)
• Regulatory framework for personalised medical devices: Frequently asked questions
• Refinements to the Personalised Medical Devices Framework 
• General requirements for advertising personalised medical devices to consumers

Consultations

For more information see Consultations and reviews.

Dental Sector Working Group

On 9 April 2021, we held a workshop with key representatives of the Australian dental sector to discuss the implementation of the new regulatory framework for personalised medical devices in the specifically in the dental sector.

Following on from this workshop a working group of volunteers has been established to continue to work closely with us, providing input, advice and feedback on the implementation and concerns raised by the sector.

For more information see Personalised medical devices: Dental Sector Working Group.

Contact us

If you have any questions or comments, email devices@tga.gov.au.

You can also send an email to devices@tga.gov.au with 'SUBSCRIBE PMD' in the subject line to receive:

• notification when guidance documents and other information resources are published
• updates about the new framework
• details about webinars and workshops.