Medical Device - Poland

Download PDF
Update

Competent Authority

Contact Details

Contact name 1
The President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products
Contact name 2
Contact name 3
Phone
+48 22 492 11 00
Fax
+48 22 492 11 09
Email General
urpl@urpl.gov.pl
Email Department
dim@urpl.gov.pl
Address
Al. Jerozolimskie 181C
ZIP/City
02-222 Warszawa
Country
Poland
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 clinical trials on Medicinal Products (MP)
CE-marked MD used within label are exempted from any notification obligation to CA
Yes
Guidance on submission of application available
Yes
Guidance on submission of application

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

National legal framework in place
Yes
Applicable national legal framework/reference

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

Additional information

Submission Format

Online portal
Standard application form available
Yes
Standard application form

A Standard Application From for submission to the CA and the EC: "Wzór wniosku o wydanie pozwolenia na prowadzenie badania klinicznego"; available on the CA website (in Polish).
 

Standard application form - additional information
Use of standard application form binding
Not applicable
Guidance on submission format available
No
Guidance on submission format
National legal framework in place
No
Applicable national legal framework/reference
Additional information

Language of Submission

Language(s) of application
Polish
English
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
Yes
Applicable national legal framework/reference

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

Additional information

Submission Fees

Fees for trial submission mandatory
Yes
Fees

Fees for authorization:
1) Clinical investigation: 7000 PLN (approx. € 1700.- )

2) Amendments: 3000 PLN (approx. € 720.-)

Waiver for academic (non-commercial) studies possible
No
Payment requirements (timelines)
Prior to submission of application
Official guidance on required fees available
Yes
Official guidance on required fees

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

National legal framework in place
Yes
Applicable national legal framework/reference

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

Additional information

Timelines Autorisation

General timespan (maw nr days)
45
Mode of approval
Explicit
Clock-stop possible if complementary information requested
Yes
National legal framework in place
Yes
Applicable national legal framework/reference

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

Additional information

Amendments/Substantial Amendments

Standard notification form
Timeline for approval of SA (max nr days)
38
Guidance of submission of SA available
Yes
Guidance of submission of SA

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

National legal framework in place
Yes
Applicable national legal framework/reference

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 - https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

Additional information

Safety Reporting

Sponsor must declare reportable events to
National CA
Relevant EC(s)
Investogator/PI shall separately report any SAE/SADE to CA
No
Reportable AEs
SAE (Serious Adverse Event)
SADE (Serious Adverse Device Effect)
Any events with the potential to influence safety of a subject
SUSAR being life-threateningor leading to death must be reported
Within a max of 7d from the day when the event occurred
All other SUSARs
As soon as possible
SAE/SADE must be reported
As soon as possible
National standard reporting form available
Yes
Standard reporting form

"Form for medical incident notification"/ "Formularz zgłoszenia incydentu medycznego" (in en/pl).
Form available on the URPL website.

Provision of annual safety report mandatory
Yes
Annual safety report shall be provided by sponsor to
National CA
National legal framework in place
Yes
Applicable national legal framework/reference
Additional information

An annual safety report shall be submitted to the CA clinical investigations on MD (interventional and observational) and registries (MD CE-marked used within label are exempted from this obligation).

End of trial

End of trial declaration: who, when, what?
All clinical trials requiring authorisation by CA
Responsible for end of trial declaration
Sponsor
Regular termination - declaration of timespan (max nr days)
90
Early/premature termination - declaration timespan (max nr days)
15
Reasons for early termination shall be clearly declared
Yes
National legal framework in place
Yes
Applicable national legal framework/reference

Art 54 Medical Device Act 2010 (en)
Health Minister Order 15 Nov 2010 (related details on the final report)

Additional information

In case of a multinational investigation, the relevant bodies of the Member States shall be notified of completing the clinical investigation.
Premature termination: The sponsor shall also notify the relevant bodies of the Member State and the European Commission if the investigation has been early terminated due to safety considerations.

Additional Information & Specifics

Additional Information & Specifics

Summary of the description of the URPL Office related to medical devices:
President of the Office is a government administrative authority, competent for matters concerning marketing and use of medical devices – within the meaning and on the basis of the Act on Medical Devices of 20 May 2010 (O.J. No 107, item 679) and clinical trials within the scope determined by the Medical Devices Act of 20 May 2010.
The Office is a public administration body supporting the President of the Office in realization of the above matters.
The rules and the scope of responsibilities is determined by the Act of 18 March 2011 on the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products.

Ethics Committee

Contact Details

Contact name 1
Local independent Research Ethics Committees (in Poland named „Bioethics Committees“)
Contact name 2
50 local RECs
Additional information

Local RECs are established at academic institutions (e.g. medical universities), non-university medical research centres and health institutes or at the Regional Chambers of Physicians and Dentists.
List of ECs is provided on the website of the Regional Chamber of Physicians and Dentists in Warsaw (Okręgowa Izba Lekarska).

No central Ethics Committee.

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
Not specified

Single-Centre Studies - Ethical Review

Ethical approval (favourable opinion) to be obtained from
Local EC
Additional information

The competent local Research Ethics Committee (“Bioethics Committee”) issues its reasonable opinion on the application of the clinical investigation.

Multi-Centre Studies - Ethical Review

Ethical approval (favourable option) required form
Lead EC + All concerned local ECs for site-specific assessment
Submission of application required to
Lead EC (authorised to issue a single opinion)
Additional information

The sponsor shall appoint a coordinator of clinical investigation from among all the clinical investigators involved in a multi-centre clinical investigation (Art 42 Medical Device Act 2010).

The sponsor or the designated coordinator shall submit the application to the EC (“Bioethics Committee”) where the coordinating investigator has his/her registered office.
This EC, acting as “lead” EC, shall inform all other ECs of the involved trial sites on the envisaged participation. They have 14 days to perform a site-specific assessment and submit reservations concerning the participation of the investigator or site in the clinical investigation.
The designated “lead” EC is authorized to issue a binding “single opinion” on the clinical investigation on behalf of the other involved ECs.
(Art 49 Medical Device Act 2010)

Submission of Application

Responsible for study submission
Sponsor
Prerequisites for submission
Positive opinion by relevant EC(s)
Guidance on submission of application available
Yes
National legal framework in place
Yes
Applicable national legal framework/reference
Additional information

The sponsor shall submit the request for approval of the clinical investigation to the local REC of the trial site. In case of a multi-centre investigation it shall be submitted to the EC where the coordinating clinical investigator has its registered office.

Submission Format

Format option(s)
Paper hardcopy
Standard application form available
Yes
Standard application form

Form for submission of the clinical investigation to the CA and the EC (Wzór wniosku o wydanie pozwolenia na prowadzenie badania klinicznego) is available on the CA website (in Polish).
The application form is also provided in Annex 1 (Załącznik Nr.1) of Health Minister Order 15 Nov 2010.

Guidance on submission format available
Yes
Guidance on submission format

The application documentation is specified in Art 44(3) (1-10) Medical Device Act 2010 (en)/ Dz.U. 2010 nr 107 poz. 679 (pl).

National legal framework in place
Yes

Language of Submission

Language(s) of application
Polish
English
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

Submission Fees

Fees for ethical review mandatory
Yes
Waiver for academic (non-commercial) studies possible
Not specified
Fees for ethical review

Depending on EC concerned: each regional Ethics Committee has its own payment criteria; eg Bioethics Commission Jagiellonian University:
Single center trial 1500 Euro
Multi-centre trial: 1500 Euro + 250 Euros for each subsequent examination center

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
Yes
Timespan counted from
Date of receipt of valid application

Amendments/Substantial Amendments

Ethical review mandatory for
Any substantial amendments
Responsible for submission of SA
Sponsor
Standard notification form available
Yes
Standard notification form

Depending on EC concerned: each regional Ethics Committee has its own payment criteria.

eg Bioethics Commission Jagiellonian University:
Single center trial 1500 Euro
Multi-centre trial: 1500 Euro + 250 Euros for each subsequent examination center

Timeline for approval of SA (max nr days)
60
Additional information

NB! A positive opinion of the competent EC is a prerequisite for application to the CA.

Safety Reporting

Reportable AEs
SAE (Serious Adverse Event)
SADE (Serious Adverse Device Effect)
Any events with the potential to influence safety of a subject
Investigator shall report SAE to
Sponsor
Reporting timeline
Immediately (without delay)
Responsible for AE reporting to relevant EC(s)
Sponsor
SUSAR being life-threatening or leading to death must be reported
Immediately (without delay)
Within a max of 7d from the day when the event occurred
SAE/SADE must be reported
Immediately (without delay)
Within a max of 7d from the day when the event occurred
National standard reporting form available
Yes
Standard reporting form

"Form for medical incident notification"/ "Formularz zgłoszenia incydentu medycznego" (in en/pl).
Available on URPL website in section: Wyroby Medyczne » Nadzor Rynku » Formularze.

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

End of trial

End of trial declaration mandatory
Yes
Responsible for end of trial declaration
Not specified
Regular termination - declaration of timespan (max nr days)
15
Reasons for early termination shall be clearly declared
Yes
Applicable national legal framework/reference
Additional information

Premature termination of the clinical investigation: The sponsor shall also notify the relevant bodies of the Member State and the European Commission if the investigation has been early terminated due to safety considerations.

Study Specific Requirement

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

Definition of sponsor pursuant to Art 2 (28) Medical Device Act 2010:
“Any entity responsible for initiating and conducting a clinical investigation having the place of residence or the registered office in a Member State or acting solely through the agency of its legal representative having the place of residence or the registered office in a Member State”.
Definition of Authorised representative: see Art 2 (2) Medical Device Act 2010.

Sponsorship mandatory
Yes
Sponsorship mandatory - Additional information
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

Additional Information

The investigator may be a doctor or another person with professional qualifications necessary to perform a clinical investigation of a MD (pursuant to Art 40 Medical Device Act 2010)
In the case of clinical investigation of Active implantable MD, the clinical investigator may only be a doctor.
In terms of qualification, the clinical trials directive and guidlines (Volume 10), ICH E6 apply (qualified by training and experience).

Standard IC form (ICF) available
Not specified
Standard IC form (ICF)
IC is regulated by law
Yes
Informed Consent - Definition/ Requirements

Prior to the commencement of a clinical investigation with MD, informed consent must be obtained from study subjects according to the provisions specified in the national law.

Additional Information

Special provisions apply to vulnerable populations such as minors, incapacitated adults and subjects in emergency situations (Art 40 (4,10,11,13) Medical Device Act 2010).

Study participants - vulnerable population

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

Clinical investigations with MD on minors are possible under special provisions.
Clinical trials on minors include trials on: preterm newborns, full-term newborns (0-27 days), infants and small children (28 days-23 months), children (24 months-11 years) and teenagers (12-18 years).
A specific regulation issued by the Minister of Health covers in detail the provisions for the conduct of clinical trials on minors: Order of the Minister of Health 30 April 2004 (Dz.U. 2004 nr 104 poz. 1108)

Legal framework/Reference (Minors/Children)

Art 40 (10) Medical Device Act 2010 (en)
Order of the Minister of Health 30 April 2004 (Dz.U. 2004 nr 104 poz. 1108)

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

Art 40 (11-13) Medical Device Act 2010 (en)
Art 26 (2&3) of Act of 5 December 1996 on the professions of a physician and a dentist

Emergency situations - Studies allowed
Yes
Special provisions apply
Specific provisions
Emergency situation without prior consent of patient or proxy - Studies allowed
Not specified
Conditions allowing trial participation in emergency setting without prior consent
Legal framework / Reference (Emergency Situation)

Art 40 (11-13) Medical Device Act 2010 (en)

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

Art 26(1&2) Physician’s Profession Act 1996 (Dz.U. 1997 nr 28 poz. 152)
Not explicitly mentioned in Medical Device Act 2010.

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
Permissible
Additional Information

No incentives or financial inducements shall be given to study subjects, except compensation for any expenses incurred (pursuant to Art 40 (9) Medical Device Act 2010). Payment may be made to healthy volunteers of age taking part in bioavailability studies, or Phase I studies conducted in Poland.

Data protection

Notification to DP Authority/ Ombudsmann is mandatory
Yes
Approval/authorisation required
No
Specific notification timelines before operations start
Not specified
Data protection authority/agency - contact details
The Inspector General for Personal Data Protection - GIODO
Phone
+48 22 860 70 86
Fax
+48 22 860 70 86
E-mail
kancelaria@giodo.gov.pl
Address
ul. Stawki 2
ZIP/City
00-193 Warszawa
Country
Poland
Additional information

Notification of clinical investigations to GIODO is required for all clinical investigations of MD.

The right for the subject to personal data protection shall be safeguarded according to Art 40 (4.3) and 55 Medical Device Act 2010 and the Act on Patients’ Rights and the Spokesman for the Patients’ Rights 6 November 2008 (Dz.U. 2009 nr 52 poz. 417:
Before obtaining consent, the investigator shall inform the participant, that source documents will be available for monitoring purposes, internal and external audits. The sponsor must archive the documentation of a study for 5 years starting from the beginning of the year after the study was completed unless a contract between the sponsor and the investigator defines a different time period (Art. 37ra. par. 1).

Archiving & data management

Study documents must be kept at least (in years)
5
National legal framework in place
Yes
Applicable national legal framework/reference

National Legislations

General Information

Official website providing relevant national legislation available
Yes
Official website providing relevant national legislation
Official governmental legal database available
Yes
Official governmental legal database

ISAP (Internetowy System Aktów Prawnych, ang. The Internet System of Legal Acts), Online Database system of legal acts containing bibliographic and legal texts published in official publications (the Journal of Laws and the Polish Monitor) issued by the Prime Minister - https://isap.sejm.gov.pl/

Additional information

Investigations on Medical Devices

Applicable national regulations
National Act on Medical Devices
Transposition of EU Directives on MD
Act on Medical Devices (or comparable national legal framework)

Act of 7 April 2022 on medical devices (Dz.U. 2022 poz. 974 -  https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20220000974/U/D20220974Lj.pdf)

 

Transposition of Directive 90/385/EEC
Transposition of Directive 93/42/EEC
Transposition of Directive 98/79/EC
Transposition of Directive 2007/47/EC
Other applicable regulations / implementing provisions (Acts, laws, decrees, ordinances, circulars, etc)
Additional Information

Combination studies (IMP/MD)

Applicable national regulations
Legal framework for both study types must be considered
Legal act applicable to both study types
Other applicable regulations/implementing provisions (acts, laws, decrees, ordinances, circulars, etc)
Additional information

Radiation & Radiotherapy

Specific framework available
Yes
Applicable legal framework

 

Special requirement apply for the use of MD emitting radiation, as specified in:
• Council Directive 93/42/EEC of 14 June 1993 concerning medical devices
Regulation of the Minister of Health of 25 August 2005 on the conditions for the safe use of ionizing radiation exposure for all types of medical research
Act of 29 November 2000 on Nuclear Law

Additional information

Biobanking

Specific framework available
Applicable legal framework
Additional information

CA operations/ Fees

Separate legal framework available

Additional Information & Specifics

Additional Information & Specifics

Definitions

MD/MD Investigation

MD - Definition available in national law
Yes
MD - Definition

Definition is in line with the provisions of the Regulation 2017/745:

"medical device means any instrument, apparatus, appliance, software, implant, reagent, material or other article intended by the manufacturer to be used, alone or in combination, for human beings for one or more of the following specific medical purposes:

  • diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease,
  • diagnosis, monitoring, treatment, alleviation of, or compensation for, an injury or disability,  
  • investigation, replacement or modification of the anatomy or of a physiological or pathological process or state,
  • providing information by means of in vitro examination of specimens derived from the human body, including organ, blood and tissue donations,

and which does not achieve its principal intended action by pharmacological, immunological or metabolic means, in or on the human body, but which may be assisted in its function by such means. The following products shall also be deemed to be medical devices:

  • devices for the control or support of conception;
  • products specifically intended for the cleaning, disinfection or sterilisation of devices as referred to in Article 1(4) and of those referred to in the first paragraph of this point.
Investigation of MD - Definition available in national law
Yes
MD Investigation - Definition

Definition is in line with the provisions of the Regulation 2017/745:

"clinical investigation’ means any systematic investigation involving one or more human subjects, undertaken to assess the safety or performance of a device;"

Additional Information

Further Definitions

Additional information

Additional Information & Specifics

Additional Information & Specifics Additional Information & Specifics