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MDA/GD/0071 · Exemption Order 2024 · Circular Letter No. 2/2022

Obsolete and discontinued devices: keeping hospital equipment in service legally.

Infusion pumps, monitors and imaging systems often outlive their registration. When the manufacturer stops making or supplying a device, its registration can no longer be maintained. MDA/GD/0071 is the route that keeps the installed devices working, with an Exemption Letter.

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Short answer: a previously registered device that is now obsolete or discontinued can stay in use in Malaysian hospitals, clinics and wellness centres if MDA confirms its status. The manufacturer or authorised representative applies under MDA/GD/0071 (RM300, decided in 10 working days). MDA’s Exemption Letter lasts 3 years and allows import and export only for maintenance and repair.

The route at a glance

ItemRule (MDA/GD/0071)
Legal basisMedical Device (Exemption) Order 2024, subparagraph 3(2)(b): exempt from registration under section 5 once declared obsolete or discontinued by the manufacturer and confirmed by MDA
Which devicesPreviously registered, no longer eligible for registration, still in use and well maintained in a healthcare facility, wellness centre or related facility
Who appliesThe person responsible at the manufacturer or authorised representative
HowMDA’s online form (a Google account is needed), one application per registration
ChargeRM300 per application, non-refundable; invoice on BayarNow in 1–7 working days, payable within 3 working days
Decision10 working days from a complete application with cleared payment
Exemption LetterValid 3 years, no extension; then a new application
After confirmationNo import or distribution on the market; import and export for maintenance or repair only; post-market duties for at least 5 years

Obsolete or discontinued: which one applies

ObsoleteDiscontinued
MeaningOutdated and no longer manufactured, because of design changes or new technologyNo longer in distribution
Why registration cannot continueThe legal manufacturer declared it obsolete and the technical documents for registration are no longer available, or production of its accessories has stoppedThe legal manufacturer or AR has stopped distributing it in Malaysia
Common to bothRegistered with MDA before; still in use at the facility, working and properly maintained

Typical cases are hospital equipment whose maker launched a successor model, devices whose Malaysian AR stopped carrying the brand, and systems that still work but whose manufacturer can no longer supply an updated essential principles checklist or CSDT for re-registration. A registration that simply lapsed is not covered: the route is for devices that can no longer be registered, not for missed renewals.

The documents

  1. Applicant and device details: the establishment, its licence number and role, the device’s previous registration number and last validity period, and the date the manufacturer declared it obsolete or discontinued.
  2. Device condition and usage: for each healthcare facility, whether the device is in use and a confirmation of its safety and performance (Appendix 1).
  3. A certificate and report confirming the device’s safety and performance for its intended use.
  4. The manufacturer’s declaration letter (Annex C), on its letterhead, signed and stamped, stating the device and the date of obsolescence or discontinuation.
  5. The healthcare facility’s declaration letter (Annex D), agreeing to keep using the device.
  6. A transition plan: the estimated timeline for continued maintenance support.
  7. The attestation and declaration form (Annex E), signed and stamped.

Every document must be uploaded at submission, and every declaration signed and stamped.

What the establishment owes afterwards

  • Technical assistance and maintenance support for the facility, as it needs.
  • All post-market duties under the Medical Device (Duties and Obligations of Establishments) Regulations 2019 for at least 5 years from the date of confirmation: mandatory problem reporting, field corrective actions and recalls.
  • Distribution, complaint, problem-report, field-corrective-action and recall records kept for 5 years from the end of support, and handed to MDA on request.
  • Import and export of the device or its accessories only for maintenance or repair, under the valid Exemption Letter.

MDA can still order users to stop using a device it finds unsafe or ineffective. Running these duties for a shrinking installed base is often the part suppliers underestimate; our post-market surveillance retainer covers it.

Related routes

  • Orphaned devices (manufacturer or AR no longer operating) are a separate exemption; Circular Letter No. 2/2022 covers orphaned, obsolete and discontinued devices together, and MDA/GD/0071 now sets the application for the last two. See the exemptions guide.
  • Refurbished devices placed back on the market follow a different regime: refurbished medical devices.
  • A new model replacing the old one needs its own MDA registration.
Jawapan ringkas · Bahasa Malaysia

Bagaimana peranti perubatan usang atau dihentikan boleh terus digunakan di hospital?

Peranti yang pernah didaftarkan tetapi kini usang (obsolete) atau dihentikan (discontinued) boleh terus digunakan di hospital, klinik dan pusat kesihatan jika MDA mengesahkan statusnya. Pengilang atau wakil sah memohon di bawah MDA/GD/0071: caj RM300, keputusan dalam 10 hari bekerja. Surat Pengecualian sah 3 tahun tanpa lanjutan, dan peranti hanya boleh diimport atau dieksport untuk penyelenggaraan atau pembaikan. WhatsApp 010-206 2070.

FAQ

Frequently asked questions

What is an obsolete medical device under MDA rules?
An existing device in a government or private healthcare facility, wellness centre or related facility that is outdated and no longer manufactured because of design changes or new technology (Medical Device (Exemption) Order 2024, as quoted in MDA/GD/0071). For MDA’s confirmation, the device must have been registered before, the legal manufacturer must have declared it obsolete (or stopped making its accessories), and it must still be in use and well maintained.
What is a discontinued medical device?
An existing device in a healthcare facility, wellness centre or related facility that is no longer in distribution. For MDA’s confirmation, it must have been registered before, the legal manufacturer or authorised representative must have stopped distributing it in Malaysia, and it must still be in use and well maintained.
Who applies, the hospital or the supplier?
The establishment: the person responsible at the manufacturer or the authorised representative. The hospital or clinic does not apply, but it signs a declaration agreeing to keep using the device, and MDA/GD/0071 says facilities should tell the establishment when they are using obsolete or discontinued devices.
How much does it cost and how long does it take?
MDA charges RM300 per application, which is not refunded if the application is rejected or withdrawn. MDA issues an invoice on BayarNow within 1 to 7 working days, which must be paid within 3 working days or the application is treated as withdrawn. MDA decides within 10 working days of a complete application with cleared payment.
How long does the Exemption Letter last?
3 years, with no extension. If the device is still in use when it expires, the establishment must submit a new application under the requirements in force at the time.
Can we still import spare parts?
Only for maintenance or repair. A device confirmed as obsolete or discontinued must not be imported or distributed on the market, but the device and its accessories may be imported and exported for maintenance or repair with a valid Exemption Letter.
What does the establishment owe after confirmation?
It must give the facility technical assistance and maintenance support, keep the post-market duties of the Medical Device (Duties and Obligations of Establishments) Regulations 2019 for at least 5 years from the date of confirmation, and keep distribution, complaint, mandatory problem report, field corrective action and recall records for 5 years from the end of support. MDA can still instruct users to stop using a device it finds unsafe or ineffective.
What about orphaned devices whose manufacturer no longer exists?
Orphaned devices are a separate exemption in the Exemption Order 2024. MDA/GD/0071 covers only obsolete and discontinued devices; at the time of writing MDA has not published a matching application guide for orphaned devices.

Supplying hospitals with equipment at end of life?

Tell us which devices are obsolete or discontinued and where they are installed. We will confirm eligibility, prepare the MDA/GD/0071 application and run the post-market duties that follow.

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