The research referred to in 3° of Article L. 1121-1 involving products referred to in Article L. 5311-1 is understood to mean any research in the context of which the product or products are prescribed or used on a regular basis and which complies with :
1° For research involving medical devices and in vitro diagnostic medical devices, with the intended use in the context of CE marking as mentioned, in particular, when it exists in the instruction leaflet for medical devices, in the instructions for use for in vitro diagnostic medical devices, or failing this on the labelling ;
2° For research involving labile blood products, the decision referred to in 1° of Article L. 1221-8 ;
3° For research involving tissues from the human body and cell therapy preparations, the authorisation referred to in Article L. 1243-2;
The decision to prescribe or use the above-mentioned products is independent of the decision to include the person undergoing the research within the scope of the research.
The other categories of research mentioned in 3° of Article L. 1121-1 are defined, where necessary, by order of the Minister for Health.