Medicines and medical devices regulation review

28 August 2017

On 15 September 2016 the Australian Government Response to the Review of Medicines and Medical Devices Regulation was released. It identified ways to improve access to therapeutic goods for consumers and remove unnecessary red-tape for industry whilst maintaining the safety of therapeutic goods in Australia.

An important focus of the reform program to date has been extensive consultation; internal, public and targeted. This will continue to be a priority and will help frame how we do things differently.

A range of improvements have already been implemented. Further enhancements to regulatory processes will continue to be implemented in a staged approach through to 2019.

The reforms require changes to legislation. This large program of work was divided into two tranches; the first set of legislative changes were passed 14 June 2017. These focused on new assessment pathways for medicines and medical devices. The second tranche of legislative review is underway. The progress of these amendments may influence the timing of some regulatory changes.

Implementation

Medicines and medical devices regulation reforms

A mumber of changes have now been implemented under the Government's Response to the Review of Medicines and Medical Devices Regulation which commenced September 2016, with further reforms in progress or upcoming.

SME Assist

Additional support to small and medium enterprises, and R&D groups developing new medicines and medical devices (including apps) understand their regulatory and legislative obligations with targeted tools and content

SAS Category C

Implementation of a notification scheme rather than pre-approval for supply of certain unapproved therapeutic goods to patients.

Low risk minor variations

A notification process for certain 'low risk' minor variations to registered non-prescription medicines

Minor variations to prescription medicines

Implementation of a new e-form for minor variations to prescription medicines

Permissible ingredients

An updated catalogue of permissible ingredients for listed complementary medicines

Priority review pathway

A priority review pathway that involves faster assessment of vital and life-saving prescription medicines for which a complete data dossier is available

Event report data

New and enhanced analytics capabilities making it easier to assess medicines and medical device event report data

Advisory committees

Reduced number of advisory committees from eleven to seven with a new committee structure

Review and appeal rights

Review and appeal rights for assessment of new ingredients for use in listed complementary medicines

Low risk minor variations

A notification process for certain 'low risk' minor variations to prescription medicines

Advertising

A single complaints handling function within TGA, a formal advertising compliance education program, clearer advertising requirements and the removal of pre-approvals for advertising. See: Simplified and improved arrangements for handling therapeutic goods advertising complaints

Enhanced sanctions and penalties

Enhanced sanctions and penalties in relation to advertising offences and inclusion of injunctions. Standardising the TGA's enforcement and compliance powers to the provisions contained in the Regulatory Powers (Standard Provisions) Act 2014 and align with contemporary Government policy and other Commonwealth regulators

Provisional approval pathway

A provisional approval pathway will provide earlier access to certain promising new medicines that do not yet have a full dossier of clinical data, but where there is the potential for a substantial benefit to Australian patients through the earlier availability of these medicines

Permitted indications

Establishment of a list of permitted indications for listed medicinal products from which sponsors must exclusively draw from when entering their product indications in the ARTG

SAS and AP applications

Online system to manage SAS and AP applications and notifications

Medical devices

Expedited approval pathway for 'novel' medical devices

Designation of conformity assessment bodies in Australia to undertake medical device conformity assessment certification

Use of approvals from comparable overseas regulators to support inclusion of medical devices in the ARTG

Harmonisation of medical device regulations with the recent changes to the European Union medical device regulatory framework, commencing with up-classification of surgical mesh from Class IIb to Class III and patient implant identification cards and information

Pharmacovigilance and risk management

New programs introduced to ensure medicine sponsors are meeting their pharmacovigilance and risk management requirements

Comparable overseas regulators

A registration process for prescription medicines involving the submission of unredacted evaluation reports from a comparable overseas regulator

Work-sharing arrangements with comparable overseas regulators for prescription medicines

Consultation

Implementation of consultations

In addition to targeted consultations the TGA has completed a number of public consultations that are informing the implementation of the Australian Government response to the Expert Review of Medicines and Medical Devices Regulation.

Consultation forecast

A consultation forecast is available to assist stakeholders to plan for upcoming consultations

Background

About the review

Terms of reference, panel, reports, discussion papers, questions and answers

Australian Government response to the review

Following consultation with stakeholders including consumers, healthcare professionals and industry, the government has supported the majority of the recommendations of the Review. Find more information in the documents below.

Prescription medicine regulatory reforms

The reforms will result in new medicines coming to market sooner in Australia, while maintaining a framework for safety, quality and efficacy

Medical device regulatory reforms

The reforms will provide earlier access to new medical devices for consumers and health professionals, and potentially reduce costs for industry

Complementary medicine regulatory reforms

The reforms will support consumer health decisions and improve transparency for industry and consumers

Simplifying regulatory arrangements for advertising of medicines and medical devices

The reforms will simplify the regulation of advertising therapeutic products to the public

Streamlined regulation of patient-specific access to therapeutic products

These reforms will see modifications to the Special Access Scheme (SAS)

TGA advisory committees

Efficiencies will be achieved through reducing the number of statutory advisory committees that provide independent expert advice to the TGA

Further reviews

The Expert Panel Review of Medicines and Medical Devices Regulation recommended that further reviews be undertaken

Reforms to the medicines regulatory framework

Questions and answers about the medicines regulatory reforms

Reforms to the medical devices regulatory framework

Questions and answers about the medical devices regulatory reforms

Reforms to the complementary medicines regulatory framework

Questions and answers about the complementary medicines regulatory reforms

Reforms to advertising of therapeutic products to the general public

Questions and answers about the advertising regulatory reforms

Reforms to patient-specific access to therapeutic products

Questions and answers about the patient-specific access regulatory reforms