ElendiLabs Logo
Back to Articles

Need Regulatory Help? Try Our Platform

Post your regulatory questions or request quotations from verified pharmaceutical consultants worldwide. Get matched with experts who specialize in your market.

Registration

October 28, 2025

Approximately 5 minutes

Slovakia Act No. 362/2011 §6(4)(f)(1): Exemption from Registration for Custom-Made Medical Devices

Slovakia Act No. 362/2011 §6(4)(f)(1): Exemption from Registration for Custom-Made Medical Devices

Section 6(4)(f)(1) of Act No. 362/2011 Coll. on Medicinal Products and Medical Devices (as amended) provides a specific exemption from the general registration obligation for custom-made medical devices. This provision aligns with EU Directive 93/42/EEC (now largely superseded by MDR 2017/745) and facilitates rapid availability of patient-specific devices without full pre-market registration. Source: Act No. 362/2011 Coll. §6(4)(f)(1) (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

2. Scope of the Exemption

The exemption applies exclusively to custom-made medical devices that are:

  • Manufactured specifically for an individual patient based on a written prescription by a qualified healthcare professional.
  • Designed and produced to meet the unique anatomical, physiological or pathological needs of that patient.
  • Not mass-produced and not intended for series production.

Devices that can be adapted from standard models without significant custom design do not qualify. Source: Act No. 362/2011 Coll. §6(4)(f)(1) (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

3. Conditions for Exemption

To benefit from the registration exemption, the manufacturer must:

  • Obtain a written prescription or medical justification from the prescribing healthcare professional confirming the absence of suitable registered alternatives.
  • Prepare and maintain technical documentation demonstrating design, manufacture, risk management and conformity with essential requirements.
  • Affix CE marking (if applicable under MDR) or comply with national conformity assessment.
  • Ensure traceability through unique device identification for the specific patient.

Source: Act No. 362/2011 Coll. §6(4)(f)(1) & related provisions (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

4. Manufacturer Responsibilities Despite Exemption

Even when exempt from registration, the manufacturer remains fully responsible for:

  • Safety and performance of the device.
  • Risk management throughout the device lifecycle.
  • Post-market surveillance and vigilance reporting to ŠÚKL in case of incidents.
  • Maintaining records for at least 5 years (or 15 years for implantable devices) after the last device is placed on the market.

Source: Act No. 362/2011 Coll. cross-referenced with MDR obligations (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

5. Role of the Prescribing Healthcare Professional

The prescribing physician or qualified professional must:

  • Justify in writing the medical necessity and lack of equivalent registered devices.
  • Provide detailed specifications of the required device characteristics.
  • Monitor clinical use and report any adverse events to the manufacturer and ŠÚKL.

This ensures the exemption is not abused for series production disguised as custom-made. Source: Act No. 362/2011 Coll. §6(4)(f)(1) (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

6. Oversight by ŠÚKL

The State Institute for Drug Control (ŠÚKL) retains authority to:

  • Verify compliance with exemption conditions during inspections.
  • Request technical documentation and prescription justification.
  • Take enforcement action (including market withdrawal) if a device is found to be non-custom-made or unsafe.

Source: Act No. 362/2011 Coll. supervisory provisions (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

7. Practical Implications under MDR Transition

Since Slovakia transposed MDR via Act No. 171/2022 and related decrees, custom-made devices under MDR Article 1(5) continue to benefit from similar exemption principles, but with enhanced documentation, risk management (ISO 14971) and post-market surveillance obligations. Legacy custom-made devices may follow transitional rules. Source: Act No. 362/2011 Coll. §6(4)(f)(1) in context of MDR implementation (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

8. RA Manager Checklist for Exemption Use

  • Confirm device meets strict custom-made definition (patient-specific, non-series).
  • Secure detailed written prescription and medical justification.
  • Prepare complete technical file including design verification/validation.
  • Implement full risk management and PMS plan.
  • Label device as custom-made with patient reference and avoid CE marking claims unless MDR-compliant.
  • Monitor ŠÚKL inspections and vigilance reporting obligations.

Source: Act No. 362/2011 Coll. §6(4)(f)(1) (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

9. Risks of Misclassification

Misclassifying mass-produced or adapted devices as custom-made to avoid registration can result in:

  • Administrative fines.
  • Product withdrawal orders.
  • Potential criminal liability for endangerment to health.

Source: Act No. 362/2011 Coll. enforcement provisions (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

10. Comparison with EU MDR Approach

While MDR Article 1(5) provides similar exemption for custom-made devices, Slovakia's §6(4)(f)(1) historically offered a national framework before full MDR application. Current practice combines both, with MDR taking precedence but national law filling procedural gaps (e.g., language, reporting formats). Source: Act No. 362/2011 Coll. §6(4)(f)(1) (https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2011/362/#paragraf-6.odsek-4.pismeno-f.bod-1)

Ask Anything

We'll follow up with you personally.

100% response rate • Reply within 7 business days

Your email will not be published. We'll only use it to notify you when we respond.

Need Expert Guidance?

Contact us at contact@elendilabs.com / +852 4416 5550