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TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

1. The Karnataka High Court has ruled that cases involving offences related to the manufacture, sale, and distribution of drugs and cosmetics under Chapter IV can only be tried in a sessions court. The magistrate court must send the case to the Sessions Judge for trial. The court clarified that while no court lower than a Sessions Court can try these offences, it does not mean that the Sessions Court can take cognizance of the case directly without a committal order from the Magistrate’s Court.
Source: bit.ly/41uSVNZ

2. The Kerala High Court ruled that a married woman can undergo IVF with donor sperm even if her husband exceeds the age limit under the Assisted Reproductive Technology (Regulation) Act, 2021 as long as he provides consent. The Court laid down that the age criteria apply individually to men and women, ensuring fair access to ART services.
Source: bit.ly/4gTEffT

3. The Ministry of Textiles has released a comprehensive list of technical textile products included under the Production Linked Incentive (PLI) Scheme. This list encompasses medical and hygiene textiles like baby diapers, sanitary napkins, surgical dressings, and compression stockings. The scheme is designed to enhance India’s production capabilities in healthcare textiles, increase global competitiveness, and create job opportunities.
Source: bit.ly/3F5jW1w

4. The European Commission is seeking feedback from stakeholders on a proposal to extend the option of providing electronic instructions for use (eIFU) for all medical devices, not just high-risk products. The Commission’s proposal suggests that manufacturers of medical devices and their accessories be permitted to provide instructions in electronic form, rather than on paper, for professional users, in line with Regulation (EU) 2017/745. This move aims to reduce paper waste and improve accessibility for healthcare professionals.
Source: bit.ly/41hBFdz

5. Amid the looming threat of a 25% tariff on pharmaceutical imports, Indian drugmakers, are confident they can remain competitive in the US generics market. Major Indian drug manufacturers emphasized that shifting production to the US isn’t feasible, and Indian companies will continue offering cost-effective alternatives despite the tariff.
Source: bit.ly/41hqCRL

Posted on

TOP 5 HEALTH LAWS AND POLICY UPDATES

Dear Readers, we are happy to share the most interesting legal and policy updates concerning health industry that we read today. we hope you enjoy reading it.

1. Maharashtra Health Minister has reportedly announced reforms for increased hospital safety such as independent third-party testing of medicines supplied to state hospitals. Other proposed reforms include stricter oversight on medicine procurement, manpower increase in Maharashtra Medical Goods Procurement Agency (MMGPA) and enhanced enforcement of the Bombay Nursing Act. Plans for regulating private labs, flying squads for inspections, and public hospital makeovers with standardised designs were also announced.
Source: bit.ly/3DE8QQy

2. The Central Pollution Control Board (CPCB) has issued show cause notices under the Environment (Protection) Act, 1986, to Producers, Importers, and Brand Owners (PIBOs) for failing to meet Extended Producer Responsibility (EPR) obligations under the Plastic Waste Management Rules, 2016. Non-compliance includes not filing annual returns for FY 2022-23 and FY 2023-24 and falling short of EPR targets. Affected entities must respond within 7 days or face Environmental Compensation (EC) penalties and stricter enforcement measures.
Source: bit.ly/3W3Deua

3. The Indian Council of Medical Research (ICMR) has released the draft second edition of the National Essential Diagnostics List (NEDL), inviting stakeholder suggestions by January 15, 2025. The revised list aims to enhance diagnostic services across all healthcare levels, including Ayushman Arogya Mandirs, Primary Health Centres (PHCs), and Community Health Centres (CHCs) and Sub-District Hospitals (SDHs) with a focus on underserved areas. It aligns with national health programmes and incorporates technological advancements like point-of-care testing to ensure accessibility and affordability.
Source: bit.ly/4059Qor

4. The Indian Government (Ministry of Textiles) has issued the Medical Textile (Quality Control) Amendment Order 2025. This amendment states that if the manufacturer / importer certified by the Bureau or any manufacturer / importer who has applied for certification has declared its old stock products  which are without BIS  Mark manufactured or imported before the commencement of the timeline of implementation (mentioned below) of the order, such manufacturer / importer shall be permitted to sell or display to offer to sell such declared stock up to 30th June, 2025. The key timelines are as follows: For Large and Medium Enterprises: 1st January, 2025 ; For Small and Micro Enterprises: 1st April, 2025
Source: bit.ly/4fDZi5q

5. India’s Union Health Minister has banned the manufacturing and sale of Non-Steroidal Anti-Inflammatory Drug (NSAID) drug nimesulide for animal use due to its toxicity to vultures, causing mortality through visceral gout and renal failure. The ban follows recommendations by the Drugs Technical Advisory Board (DTAB) and studies by the Bombay Natural History Society (BNHS). Safer alternatives are available, and measures to prevent misuse of the drug in humans have been proposed.
Source: bit.ly/4fOz8Nk

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PROCESS FOR OBTAINING BIS LICENSE UNDER MEDICAL TEXTILES (QUALITY CONTROL) ORDER, 2023

Introduction:

Medical textile products such as sanitary napkins, baby diapers, reusable sanitary pad/ sanitary napkins/ period panties, dental bib/ napkins, bedsheet, pillow cover, and shoe covers have been regulated for quality in India by  the Medical Textiles (Quality Control) Order, 2023 (the “Order”). The Order requires all manufacturers and importers of medical textile products to label the products with the Indian Standard (IS) Mark. A license over the IS Mark is issued by Bureau of Indian Standards (BIS) after it has determined that the medical textiles and the manufacturing process meet with the standards prescribed by BIS. Such license is commonly referred to as the BIS license.

Which are the standards prescribed by BIS that medical textiles have to meet?

The medical textiles covered by the Order have to mandatorily meet with the standards described in the table below.

Sl. No.Goods or articleIndian Standard (IS)Title of Indian Standard
 1.Sanitary napkinsIS 5405:2019Sanitary napkins – Specification (second revision)
 2.Baby DiaperIS 17509:2021Disposable baby diaper – Specification
 3.Reusable Sanitary Pad Sanitary Napkin Period PantiesIS 17514:2021Reusable sanitary pad/ Sanitary Napkin/ Period Panties – Specification
 4.Shoe coversIS 17349:2020Medical textiles – Shoe covers – Specification
 5.Dental bib/NapkinsIS 17354:2020  Medical textiles – Dental Bib or Napkins – Specification
 6.Bedsheet and Pillow CoverIS 17630:2021  Medical Textiles – Bed sheet and pillow cover – Specification  

How to obtain license to use Indian Standard mark on medical textiles?

The process to obtain license over the Indian Standard (IS) mark is described in Scheme – I of Schedule – II to the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 (the “Conformity Assessment Regulations”). The process entails on-site factory inspection, review of manufacturing process, sampling/testing of products at BIS recognized labs, and strict adherence to prescribed labelling and marking requirements.

Do all manufacturers and importers of medical textiles require declaration of Indian Standard (IS) mark on label?

Yes, the Order applies to all manufacturers (Indian and foreign) of medical textiles who wish to sell medical textiles in India. Therefore, such manufacturers will have to obtain license over IS mark from BIS.

However, the Order does not apply to:

  1. Goods/articles intended for export, or
  2. Sanitary napkin, baby diaper, reusable sanitary pad / sanitary napkins / period panties manufactured by Self Help Groups (SHG)

The above-mentioned goods/articles need not be mandatorily labelled with IS Mark.

What are the timelines for the Order to become effective?

All manufacturers (domestic and foreign) of sanitary napkins, baby diapers, reusable sanitary pad/ sanitary napkins/ period panties have to ensure that any of their products sold in India on or after October 1, 2024, ought to contain an IS Mark on their label.

All manufacturers (domestic and foreign) of dental bib/ napkins, bedsheet, pillow cover, and shoe covers have to ensure that any of their products sold in India on or after April 1, 2024, ought to contain an IS Mark on their label.

Conclusion:

It generally takes around 4 – 6 months, depending on the delay caused in responding to queries raised (if any), organizing inspection(s), sample deposition, and clearance of fee dues, etc., to receive license over IS Mark from BIS. Therefore, manufacturers and importers of medical textiles should ensure that they make the license application in time so that the business does not suffer.

For more insights on the Medical Textiles (Quality Control) Order, 2023, please refer to our article Medical Textiles (Quality Control) Order, 2023: Impact Analysis for Personal Hygiene Products.