What do you need to know?
In order to safeguard the quality of custom-made orthopaedic medical devices and protect people’s health, companies manufacturing these devices based in Catalonia need to have administrative authorisation from the Ministry of Health, which they have to apply for before they start trading.
Manufacturers of custom-made orthopaedic prostheses are responsible for the specific features, design, manufacture, adaptation and labelling of these devices which must be tailored to each patient following the prescription of a specialist practitioner.
This procedure may only be done by Internet.
When you send the form, you have to identify yourself with a digital certificate or idCAT Mòbil if you are the owner of the company, or with the digital certificate of representation if you are its representative.
This procedure may only be done by Internet.
When you send the form, you have to identify yourself with a digital certificate or idCAT Mòbil if you are the owner of the company, or with the digital certificate of representation if you are its representative.
Authority responsible
Individuals and legal entities owning companies manufacturing custom-made orthopaedic medical devices.
Structural changes (extension, reworking or new layout of the authorised facilities, relocation of premises, extension of production lines, changes in subcontracting manufacture to companies without a health authorisation to manufacture custom-made orthopaedic medical devices or a change in ownership of the manufacturer) have to be authorised and cannot be started up or carried out until this authorisation has been applied for and given.
Non-structural changes (change of address of the company’s facilities for administrative reasons, change of name of the manufacturer, change of registered office, changes in subcontracting manufacture to authorised manufacturers, change of the chief technical officer or discontinuation of operations for manufacturing custom-made orthopaedic medical devices) must be reported and may be made once this report has been submitted to the relevant Administration.
Documents to be submitted.
In all cases:
In case of a change in chief technical officer:
- Statement by the chief technical officer (this document has to be signed electronically by the chief technical officer).
If device manufacture is subcontracted to authorised manufacturers, the following documents must be submitted for each subcontractor:
- Copy of the contract between the two companies duly updated and signed by the chief technical officer of each company which specifies the operations and devices which are subcontracted.
If device manufacture is subcontracted to firms which do not hold health authorisation to manufacture custom-made orthopaedic prostheses, the following documents must be submitted:
- Detailed plan of the facilities showing the floor area of each zone and the equipment available in them which is issued and signed by a qualified specialist.
- List of equipment and appliances available.
- Copy of the standard operating procedures for manufacture and control of the devices whose manufacture is subcontracted.
- Copy of the contract between the two companies duly updated and signed by the chief technical officer of the manufacturer and the legal representative of the subcontractor which specifies the operations and devices which are subcontracted.
- Documents showing in detail how the contracting manufacturer checks that the operations performed by the subcontractor comply with the technical and health conditions required to ensure the quality of the custom-made orthopaedic devices manufactured for its company.
In case of changes due to extension, reworking or new layout of the authorised facilities, the following documents must be submitted:
- Detailed plan of the facilities showing the floor area of each zone and the equipment available in them which is issued and signed by a qualified specialist.
In case of changes due to relocation of the facilities, the following documents must be submitted:
- Detailed plan of the facilities showing the floor area of each zone and the equipment available in them which is issued and signed by a qualified specialist.
In case of changes due to inclusion of an additional establishment, the following documents must be submitted for each new establishment:
- Detailed plan of the facilities showing the floor area of each zone and the equipment available in them which is issued and signed by a qualified specialist.
- Statement by the chief technical officer (this document has to be signed electronically by the chief technical officer).
The technical and health requirements to be met by manufacturers of custom-made orthopaedic medical devices are set out in the following regulations:
- Decree 265/2005 of 13 December specifying the requirements for awarding operating health authorisation to manufacturers of custom-made orthopaedic medical devices.
- Royal Decree 1591/2009 of 16 October regulating medical devices.
- Royal Decree 437/2002 of 10 May specifying the criteria for awarding operating licences to manufacturers of custom-made medical devices.
For a change in the licence due to incorporation of one or more establishments, change of address or type of operations: €362,05.
For a change in the licence due to change in the owner of the establishment or the chief technical officer: €147.80.
Steps to follow
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1
Step one
Apply for and/or report the change
This application only allows you to attach to the form the document Annex of specific details of the health authorisation to manufacture custom-made orthopaedic medical devices and the Statement by the chief technical officer. You must provide the rest of the documentation by following the steps below:
Once the application has been sent, you will receive a notification email at the contact address you provided with the link to the procedure folder. Click this link.
Once you have signed in (NIF/NIE of the applicant), you will see your procedure folder.
Go to the “Requirements” tab where you will see a list of all the documents that can be attached depending on the type of application processed. You must only attach the documents required in accordance with the purpose and specific features of the authorisation requested which are listed in the “Documentation” section on this page.
The maximum size of each of the documents you send is 97.66 MB..
Confirmation of receipt will be generated for each document sent.
You can also provide this documentation at the same time as you submit your application by following the links on the submission confirmation screen.
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2
Step two
Pay
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3
Step three
Check the status of my application
You can do this in:
You can do this in:
- Canal Empresa(with the procedure identifier and your DNI/NIF)
- In Status of my procedures (Tràmits Gencat)(with the procedure identifier and your DNI/NIF)
- In Status of my procedures (Canal Empresa)(with the procedure identifier and your DNI/NIF)
- 012 helpline(with the procedure identifier and your DNI/NIF)
Procedure identifier
You will need to have the procedure identifier (procedure ID) which is a five-digit alphanumeric code that is generated when you submit your application and is unique.
You can use this code to check the history of the procedure.
For more information, please see the section on How to log in and track my procedures and IdCAT Mòbil in the ‘Support’ section for Tràmits Gencat.
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4
Step four
Get a reply from the Administration
When do I get a reply from the Administration?
When do I get a reply from the Administration?
The decision on applications must be notified within at most six months from the date of entry of the application in the register. If you have not been notified of the decision or been asked to make any changes by the end of this period, you can assume your application has been accepted.
Who gives a reply?
The general director of Ordering and Sanitary Regulation of the Department of Health is the person been in charge of granting or denying the request of structural modifications authorization (the modifications for the enlargement, restructuring or redistribution of the authorized facilities, the transfer from the premises, the enlargement of the lines of manufacture, the changes in the outsourcing of the manufacture in companies without sanitary authorization to manufacture ortopròtesis to measure or the change of titularity of the manufacturing company), once has verified that the requesting person fulfills the technicsanitary requirements. The requesting person receives by ordinary mail a copy authenticated of the resolution of this authorization.
The communication of non structural modifications (the change of address of the facilities of the company for administrative motives, the change of denomination of the manufacturing company, the change of the social address, the changes in the outsourcing of the manufacture in authorized manufacturing companies, the change of the technical responsible person or the communication of the cessation of the activity of manufacture of ortropròtesis to measure) they are object of communication and they can carry out once shown|presented this communication in front of the corresponding organ.
Once has verified that all the information that the communication has evidence about is correct, as well as also the brought documentation, the interested person receives a resolution of the general director of Ordering and Sanitary Regulation of the Department of Health in which the changes communicated, together with a sanitary license updated in accordance with these changes, are accepted.
Any change or modification of the stated data has to communicate in an immediate way to|in the General Direction of Ordering and Sanitary Regulation of the Department of Health, showing|presenting the form of request and/or communication of modifications of the sanitary authorization to manufacture ortoprotètics sanitary products to measure and/or of cessation of the activity duly filled.How do I get a reply?
You get an electronic notification of the decision which you can view in the e-NOTUM service. You will get the notification notice at the email address or mobile phone number you specified. You have 10 calendar days to accept or reject the notification from the date it is sent. If you have not accessed the notification within this period, we will assume you have rejected it. The notification is considered to have been served when you access it. You can view electronic notifications under electronic notifications in ‘My Folder’. For more information, see the electronic notifications section on the Ministry of Health or Tràmits Gencat websites.
Can appeals be submitted?
The decision made by the Director General for Healthcare Planning and Regulation does not exhaust all available administrative remedies and you may lodge an administrative appeal against it with the Regional Minister of Health within one month from the day after the date of notification as provided in sections 114 and 115 of the Law 30/1992 of 26 November, on Public Administration legal system and common administrative procedure.