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Book II: Medical devices, in vitro diagnostic medical devices and other products and articles regulated in the interests of public health

Article R5211-1 of the French Public Health Code

The provisions of this Title apply to the medical devices defined in Article L. 5211-1. These devices are intended to be used for the purposes of: 1° the diagnosis, prevention, control, treatment or alleviation of a disease ; 2° The diagnosis, monitoring, treatment, alleviation or compensation of an injury or disability; 3° the study, replacement or modification of anatomy or a physiological process; 4° Design control.

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Article R5211-2 of the French Public Health Code

Medical devices intended for the administration of a medicinal product are governed by this Title. However, where a device forms with a medicinal product an integrated product intended exclusively for use in the given combination and which is not reusable, this product is governed by the provisions applicable to medicinal products. The device must comply with the essential requirements concerning the safety and performance of medical devices referred to in…

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Article R5211-3 of the French Public Health Code

The provisions of this Title do not apply to: 1° in vitro diagnostic medical devices ; 2° Products which, because of their principal mode of action, are considered to be medicinal products; 3° Cosmetic products; 4° Human blood, blood products, blood cells of human origin or devices containing labile blood products or cells of human origin when they are placed on the market; 5° Organs, tissues or cells of human…

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Article R5211-4 of the French Public Health Code

For the purposes of this Title, the following definitions shall apply 1° Intended use means the use for which a medical device is intended according to the information provided by the manufacturer in the labelling, the instruction leaflet or promotional material; 2° Placing on the market: the first making available, whether in return for payment or free of charge, of a medical device, other than one intended for clinical investigations,…

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Article R5211-5 of the French Public Health Code

For the purposes of this Title, the following definitions shall apply 1° Operator of a medical device: any natural or legal person who assumes legal responsibility for the activity requiring the use of this device or who makes this device accessible to third parties; 2° Maintenance of a medical device: all the activities intended to maintain or restore a medical device in a given state or in given conditions of…

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Article R5211-6 of the French Public Health Code

A custom-made device is any medical device manufactured specifically in accordance with the written prescription of a duly qualified practitioner, or any other person who is authorised to do so by virtue of his professional qualifications, and intended to be used only for a specific patient. The written prescription referred to in the previous paragraph indicates, under the responsibility of the person who drew it up, the specific design characteristics…

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Article R5211-7 of the French Public Health Code

For the purposes of this Title, medical devices other than active implantable medical devices are divided into four classes known as Class I, Class IIa, Class IIb and Class III. Whether a device belongs to one or other of these classes is determined in accordance with the classification rules defined, on a proposal from the Director General of the Agence nationale de sécurité du médicament et des produits de santé,…

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Article R5211-9 of the French Public Health Code

For the purposes of this Title, accessories to medical devices are treated as devices in their own right. Accessories are classified as such, independently of the devices with which they are used, with the exception of accessories for active implantable devices treated as active implantable devices.

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Article R5211-10 of the French Public Health Code

Where a medical device is not intended for use in a specific part of the body, it must be considered and classified according to the most critical use as specified. Where more than one rule applies to the same device because of the uses indicated by the manufacturer, the rule which applies shall be the most stringent and the device shall be classified in the highest class.

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