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Subsection 3: Procedure for medical devices subject to evaluation of clinical data or clinical investigations.

Article R5211-36 of the French Public Health Code

The evaluation of the clinical data referred to in Article L. 5211-3-2, hereinafter referred to as the “clinical evaluation”, must, taking into account any relevant harmonised standards, follow a procedure based on either: -either a critical assessment of the relevant scientific literature currently available concerning the safety, performance, characteristics, design and intended purpose of the device, demonstrating the equivalence of the device with the device to which the data refer…

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Article R5211-36-1 of the French Public Health Code

The clinical evaluation and its results are included or duly referenced in the technical documentation for the device referred to in Article R. 5211-39. The clinical evaluation and its documentation are updated using data obtained during post-marketing surveillance. The decision not to conduct clinical follow-up as part of the post-marketing surveillance plan for the device must be duly justified and documented.

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Article R5211-37 of the French Public Health Code

The manufacturer who intends to have clinical investigations carried out in France to verify the performance of a medical device or to detect any undesirable side effects, or his authorised representative established in a Member State of the European Union or party to the Agreement on the European Economic Area, must, before undertaking his investigations : 1° Certify, in accordance with the procedures defined in Article R. 5211-38 , that…

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Article R5211-38 of the French Public Health Code

As part of the procedure applicable to medical devices undergoing clinical investigations, the manufacturer shall draw up a declaration containing the information referred to in Articles R. 1123-37 to R. 1123-41 and certifying that the medical device concerned complies with the essential requirements defined in Section 5 of this Chapter, with the exception of the aspects to be investigated and for which he certifies that all precautions have been taken…

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