Medical Device - Hungary

Download PDF
Update

Competent Authority

Contact Details

Contact name 1
National Public Health and Pharmaceutical Center (NNGYK, formerly: OGYÉI)
Contact name 2
Department of Medical Devices
Contact name 3
Phone
+36 1 886 9300 extension: 329 or 272
Fax
Email General
Email Department
amd@nngyk.gov.hu
Address
Zrinyi u. 3/ Mail: 1372 P.O. Box: 450
ZIP/City
1051, Budapest
Country
Hungary
Additional information

Clinical Investigation Authorisation / Registration / Notification

Regulatory & ethics bodies involved in approval proccess
Competent Authority/-ies (CA)
Ethics committee(s)
CA - Submission for authorisation mandatory for...
All interventional medical device trials
CE-marked MD used within label are exempted from any notification obligation to CA
Not specified
Guidance on submission of application available
Yes
Guidance on submission of application
National legal framework in place
Yes
Applicable national legal framework/reference
Decree 235/2009 and Decree 33/2009
Additional information

Submission Format

Online portal
Standard application form available
No
Standard application form
Standard application form - additional information
Use of standard application form binding
No
Guidance on submission format available
No
Guidance on submission format
National legal framework in place
Yes
Applicable national legal framework/reference
Additional information

Language of Submission

Language(s) of application
Hungarian
English accepted
Partly, not for all documents
Documents mandatory to be in official national language
Information material, Documents and Forms intended for study participants and patient information
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Submission Fees

Fees for trial submission mandatory
Yes
Fees

Application for a clinical trial:  500.000 HUF
Application for a non-interventional trial: 370.000 HUF

Any substantial modification or amendment that requires a new opinion of Special authorities has the same fee as a new application.

Waiver for academic (non-commercial) studies possible
Not specified
Payment requirements (timelines)
Prior to submission of application
Official guidance on required fees available
Yes
Official guidance on required fees

Fees are provided the homepage of CA: https://ogyei.gov.hu/eljarasi_dijak/

 Eljárási díjak (Service Fees) in Hungarian only. 

National legal framework in place
No
Applicable national legal framework/reference
Additional information

All fees payable in advance of the procedure.

Fees should be sent or transferred to the account of CA as defined on their homepage. 

Timelines Autorisation

General timespan (maw nr days)
60
Mode of approval
Explicit (written)
Clock-stop possible if complementary information requested
Yes
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Amendments/Substantial Amendments

Standard notification form
Timeline for approval of SA (max nr days)
60
Guidance of submission of SA available
No
Guidance of submission of SA
National legal framework in place
Yes
Applicable national legal framework/reference

Par 35 of Decree No 235/2009

 

Additional information

Safety Reporting

Sponsor must declare reportable events to
National CA
CA(s) of EU&EFTA Member States concerned
Investogator/PI shall separately report any SAE/SADE to CA
Yes
Reportable AEs
Not specified
SUSAR being life-threateningor leading to death must be reported
Not specified
All other SUSARs
Not specified
SAE/SADE must be reported
EU MDR reguirements apply
National standard reporting form available
No
Standard reporting form

The guidance document in EU should be applied: 

MDCG 2020-10/1 Safety reporting in clinical investigations
of medical devices under the Regulation (EU) 2017/745

Reporting format - options
Not specified
Online safety reporting portal
Provision of annual safety report mandatory
Yes
Annual safety report shall be provided by sponsor to
Not specified
Guidance on AE reporting procedure available
No
Guidance on AE reporting procedure
National legal framework in place
Yes
Applicable national legal framework/reference
Additional information

The guidance document in EU should be applied: 

MDCG 2020-10/1 Safety reporting in clinical investigations
of medical devices under the Regulation (EU) 2017/745

End of trial

End of trial declaration: who, when, what?
All clinical investigations requiring authorisation by CA
Responsible for end of trial declaration
Sponsor
Regular termination - declaration of timespan (max nr days)
Not specified
Timespan counted from
Not specified
Early/premature termination - declaration timespan (max nr days)
Not specified
Reasons for early termination shall be clearly declared
Yes
Standard declaration form available
No
Standard declaration form
Guidance on end of trial declaration available
No
Guidance on end of trial declaration
National legal framework in place
Yes
Applicable national legal framework/reference
Additional information

EU MDR regulations apply. 

Additional Information & Specifics

Additional Information & Specifics

Ethics Committee

Contact Details

Contact name 1
Central Ethics Committee/ Public co-authority for MD investigations:
Contact name 2
Scientific Research Ethics Committee of the Medical Research Council - ETT TUKEB
Contact name 3
Phone
(+36 1) 795-1197 or (+36 1) 795-1198
Fax
Email General
tukeb@bm.gov.hu
Email Department
tukeb@bm.gov.hu
Address
ZIP/City
Country
Hungary
Additional information

Ethical Review - General

Submission for Ethical review mandatory for
All clinical investigations of MD
Submission to CA and EC to be performed in the following order
EC first
Procedural interaction between CA and EC during approval proccess
Yes
Procedural interaction - additional information

Ethical review is prior to the submission to CA. 

Additional information

The central ethics committees are officially appointed by law as public co-authorities (in the meaning of the general rules of public authority procedures). This is a specific Hungarian phenomenon. 

The opinion of the co-authority (the ethical approval in the given case) is binding for the decision-making authority (CA).

Single-Centre Studies - Ethical Review

Ethical approval (favourable opinion) to be obtained from
Central EC (appointed as co-authority)
Institutional EC
Additional information

Single-site clinical investigations with medical devices fall in the nationwide competence of TUKEB (acting as co-authority for ethical approval). 

Institutional ECs do not give approval but they need to be informed about the initiating trial. 

Multi-Centre Studies - Ethical Review

Ethical approval (favourable option) required form
Central EC (appointed as co-authority)
Submission of application required to
Central EC (appointed as co-authority)
All local ECs of participating sites
Additional information

Multi-site clinical investigations with medical devices fall in the nationwide competence of TUKEB (acting as co-authority for ethical approval).

Institutional ECs do not give approval but they need to be informed about the initiating trial. 

Submission of Application

Responsible for study submission
Sponsor
Entitled to study submission
Sponsor
Prerequisites for submission
Positive opinion by relevant EC(s)
Proof of payment of fees
Appropriate insurance
Guidance on submission of application available
Yes
Guidance on submission of application
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Submission Format

Format option(s)
Electronically
Preferred format
Electronically
Online portal

Preferably using client gate: https://epapir.gov.hu/

Standard application form available
No
Standard application form
Standard application form - additional information
Use of standard application form binding
No
Guidance on submission format available
No
Guidance on submission format
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Submission directly to EC, prior to submission to CA.  
 

Language of Submission

Language(s) of application
Hungarian
Preferred language of application
Hungarian
English accepted
Partly, not for all documents
Documents mandatory to be in official national language
Basic application form
Information material, Documents and Forms intended for study participants and patient information
Information on safe use of MD
Instructions for use (of CE-marked MD)
Labels
Agreements concerning the Hungarian arrangement of the investigation
Documents mandatory to be in local language of study site
Not specified
Documents mandatory to be in language of study participant
Not specified
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Submission Fees

Fees for ethical review mandatory
No
Waiver for academic (non-commercial) studies possible
No
Fees for ethical review

There is no fee for TUKEB, when it is issuing an ethical opinion prior to submission to CA (for clinical trials that are planned regarding Article 62 (1) of the MDR). 

Official guidance on required fees available
No
Official guidance on required fees
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Timelines Ethical Review

General timespan for single-centre studies (max nr days)
60
General timespan for multi-centre studies (max nr days)
60
Clock-stop possible if complementary information requested
Timespan counted from
National legal framework in place
Yes
Applicable national legal framework/reference

Section 3/B of Decree No 235/2009

Additional information

Amendments/Substantial Amendments

Ethical review mandatory for
Any substantial amendments
Responsible for submission of SA
Not specified
Standard notification form available
No
Standard notification form
Timeline for approval of SA (max nr days)
Not specified
Guidance of submission of SA available
No
Guidance on submission of SA
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Safety Reporting

Reportable AEs
No AE reporting obligation
Investigator shall report SAE to
Competent Authority
Reporting timeline
Not applicable
Responsible for AE reporting to relevant EC(s)
Not applicable
SUSAR being life-threatening or leading to death must be reported
Not applicable
All other SUSAR must be reported
Not applicable
SAE/SADE must be reported
Not applicable
Sponsor is obliged to notify all investigators of SAE/SADE occurence
Yes
National standard reporting form available
Not specified
Standard reporting form
Reporting format - options
Preferred format
Online safety reporting portal
Provision of annual safety report mandatory
Yes
Annual safety report shall be provided by sponsor to
National CA
Guidance on AE reporting procedure available
No
Guidance on AE reporting procedure
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Annual Safety report must be provided to EC for clinical investigations on: MD CE-marked use within and outside label, MD without label, respective combination studies with IMPs. 

The guidance document in EU should be applied: MDCG 2020-10/1 Safety reporting in clinical investigations
of medical devices under the Regulation (EU) 2017/745

End of trial

End of trial declaration mandatory
Yes
Responsible for end of trial declaration
Sponsor
Regular termination - declaration of timespan (max nr days)
Not specified
Timespan counted from
Not specified
Early/premature termination - declaration timespan (max nr days)
Not specified
Reasons for early termination shall be clearly declared
Not specified
Standard declaration form available
No
Standard declaration form
Guidance on end of trial declaration available
No
Guidance on end of trial declaration
National legal framework in place
No
Applicable national legal framework/reference
Additional information

End of trial declaration via CA.
If the trial cannot be finished until the planned ending date indicated in the study plan, the sponsor should notify the CA.

Study Specific Requirement

Sponsor - Definition available in national law
Yes
Sponsor - Definition (pursuant to national law)

„any natural person or legal entity, unincorporated business entity initiating, leading or funding the clinical trial. The investigator and the sponsor may be the same entity“ (pursuant to Section 2(d) of Decree No 235/2005). 

Sponsorship mandatory
Yes
Sponsorship mandatory - Additional information

The application for medical research must include a) the name of sponsor, b) its legal representative in Hungary, and c) the address of the legal representative (Decree No 235/2009). 

Co-Sponsor - Definition available in national law
No
Co-Sponsor - Definition (pursuant to national law)
Co-sponsorship allowed
No
Legal representative based in the EU/EEA is mandatory where Sponsor is located outside EU/EEA:
Yes
Additional Information

Investigator

Entitled to be principal investigator
Physician
Additional Information

All personnel requirements are specified in Annex 2 of Decree No 33/2009. There are specific requirements for the personnel of Type I, IIa, IIb and invasive medical device trials. 

 Specific board exam is required for principal investigators. 
 

Standard IC form (ICF) available
No
Standard IC form (ICF)
Standard ICF - Additional Information
IC is regulated by law
Yes
Informed Consent - Definition/ Requirements

Informed Consent is covered in Art 10, 10/A, 10/B Decree No 33/2009 in detail. 

Informed Consent is also covered in Act CLIV of 1997 on Health.

Applicable national legal framework/ Reference
Additional Information

Study participants - vulnerable population

Minors / Children - Studies allowed
Yes
Special provisions apply
Specific provision

In clinical trials with minors there should be a patient information sheet adequate for the age group so that the minor is capable of formulating an opinion and assessing the situation. ICF should be signed by the minor and their parents or legal representatives.

Legal framework/Reference (Minors/Children)
Incapacitated persons - Studies allowed
Yes
Special provisions apply
Specific provisions
Legal framework / Reference (Incapacitated persons)
Emergency situations - Studies allowed
Yes
Special provisions apply
Specific provisions

No explicit provisions in national legislation

Emergency situation without prior consent of patient or proxy - Studies allowed
No explicit provisions in national legislation
Conditions allowing trial participation in emergency setting without prior consent

In special urgent cases, when the study is expected to be of direct benefit for the health of the research subject, it may be done without consent.

Legal framework / Reference (Emergency Situation)
Pregnant or breastfeeding women - Studies allowed
Yes
Special provisions apply
Specific provisions

A pregnant or lactating woman can only be the subject of research if it directly benefits the health of herself or her child, or of women and children in a similar stage of life, and there is no procedure available through which similarly effective research can be conducted on a non-pregnant or lactating woman.

Legal framework / Reference (Pregnant or breastfeeding women)
National legal framework for protection of vulnerable populations in place
No
Applicable legal framework / Reference (Vulnerable Population)
Guidelines & conventions for protection of vulnerable populations
Additional Information

Study participants - compensation & reimbursement

Reimbursement for study participants
Optional
Depends on study population (healthy subjects or patients)
Compensation is limited to/provided for
Expenses arising from study participation (e.g. Travel)
Additional Information

Compensation for income loss related to participation in the study, as well as costs, particularly in the context of travel or other extra costs are allowed  (pursuant to Art 9(10) Decree No 33/2009).
Accordingly, travel/food reimbursement are acceptable as compensation for subjects (patients or healthy volunteers) participating in a clinical research. 

Study participants - recriutment & trial outcome >> end of study

Mandatory to inform participant of clinical trial outcome
No
Additional information

Data protection

Notification to DP Authority/ Ombudsmann is mandatory
No
Approval/authorisation required
No
Specific notification timelines before operations start
Not applicable
Laguage of notification
Not applicable
Notification format
Not applicable
Guidance on notification requirements available
No
Guidance on notification requirements
Data protection authority/agency - contact details
Hungarian National Authority for Data Protection and Freedom of Information / Nemzeti Adatvédelmi és Informáciszabadság Hatóság
Phone
+36 -1-391-1400
Fax
36-1-391-1410
E-mail
privacy@naih.hu
Web address
Address
Szilágyi Erzsébet fasor 22/C.
ZIP/City
1125, Budapest
Country
Hungary
Additional information

National Data Protection Act:

Act XLVII of 1997 on the management and protection of health and related personal data

Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information

Archiving & data management

Study documents must be kept at least (in years)
10
Additional information

The Clinical study documentation is a part of the Technical documentation of the medical device.
Manufacturers shall keep the technical documentation, the EU declaration of conformity and, if applicable, a copy of any relevant certificate, including any amendments and supplements, issued in accordance with Article 56, available for the competent authorities for a period of at least 10 years after the last device covered by the EU declaration of conformity has been placed on the market. In the case of implantable devices, the period shall be at least 15 years after the last device has been placed on the market.

National Legislations

General Information

Official website providing relevant national legislation available
No
Official website providing relevant national legislation
Official governmental legal database available
Yes
Official governmental legal database

Nemzeti Jogszabálytár”: the official public source of national legislation (according to the Hungarian Act CXXX. of 2010). Acts and Decrees are available only in Hungarian.

Additional information

Investigations on Medical Devices

Applicable national regulations
General Act(s) on Medical/Clinical Research in Humans
National Act on Medical Devices
Act on Medical Devices (or comparable national legal framework)

Decree No 33/2009 on clinical investigations with medical devices. 

Transposition of Directive 90/385/EEC

Decree No 4/2009 on Medical Devices

Transposition of Directive 93/42/EEC

Decree No 4/2009 on Medical Devices

Transposition of Directive 98/79/EC

Decree No 8/2003 on in-vitro diagnostic medical devices. 

Transposition of Directive 2007/47/EC

Decree No 8/2003 on in-vitro diagnostic medical devices. 

Other applicable regulations / implementing provisions (Acts, laws, decrees, ordinances, circulars, etc)

•  Decree No 235/2009 on rules governing authorisation procedures of biomedical research, clinical trials with investigational medicinal products for human use as well as clinical investigations on medical devices intended for human use.

Combination Studies: 
•  Decree No 35/2005 of the Minister of Health on the clinical trial of investigational medicinal products for human use and on the application of the good clinical practice. 

Non-interventional clinical investigations with medical devices:
• Art. 20/A-20/S of Decree 23/2002 on biomedical research on human individuals 
 

Additional Information

Combination studies (IMP/MD)

Applicable national regulations
Not specified
Legal act applicable to both study types
Other applicable regulations/implementing provisions (acts, laws, decrees, ordinances, circulars, etc)
Additional information

Combination studies are briefly mentioned in (10) of MDR Regulation. 

Radiation & Radiotherapy

Specific framework available
Yes
Applicable legal framework

Decree No 2/2002 on the protection against ionizing radiation and the corresponding licensing, reporting and inspection system

Additional information

Biobanking

Specific framework available
Applicable legal framework
Additional information

Data protection

Legal framework (on safeguarding the collection, handling, recording, keeping and/or processing of any clinical trial related data and patient files)
National Data Protection Act
National DP act

Act XLVII of 1997 on the management and protection of health and related personal data ('the Medical Data Act')

Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information

Implementing decrees / ordinances
Other applicable regulations (covering DP related issues)
Additional Information

Insurance

Specific requirements
Applicable legal framework

As defined in Art. 69 of MDR Regulation.

Additional information

EC operations/ Fees

Separate legal framework available
Yes
Applicable legal framework

Medical Research Council/ Ethics Committees: 
Decree 28/2014. on the Medical Research Council

CA operations/ Fees

Separate legal framework available
Applicable legal framework

Decree 235/2009 and Decree 33/2009 are applicable. 

Additional information

Definitions

MD/MD Investigation

MD - Definition available in national law
No
MD - Definition

Definitions of MD are provided in MDR Regulation.

Investigation of MD - Definition available in national law
Yes
MD Investigation - Definition
Additional Information

• Clinical investigations on MD: 
Investigations on CE-marked MD used outside label, non-CE-marked MD, and respective combination studies with IMPs. 

•  Non-Interventional trial on MD: 
Investigations on CE-marked MD used within label; observational investigations on MD.

 

Further Definitions

Additional information

Additional Information & Specifics

Additional Information & Specifics Additional Information & Specifics