Article 11(Conditional Permission by Item) #
(1) For preliminary crisis response drugs that have completed a therapeutic exploratory trial similar in form and purpose to a therapeutic confirmatory trial in terms of the safety and effectiveness of the drug and the nature of the target disease, the Minister of Food and Drug Safety may grant permission by item on the condition that the confirmatory trial data, etc. of the drugs be submitted within a specified period; in such cases, the following data shall be submitted:
1. Clinical trial data proving that the drugs have clinical effectiveness from a pharmacoepidemiologic, pharmacotherapeutic, or pathophysiologic perspective, etc. or those proving effectiveness with surrogate endpoints that can reasonably predict the clinical effectiveness of the drugs;
2. Other materials prescribed by Ordinance of the Prime Minister with regard to the safety and effectiveness of the drugs.
(2) For preliminary crisis response medical devices for which it is impractical to obtain the number of subjects for a clinical trial for the indication, the Minister of Food and Drug Safety may grant permission by item on the condition that clinical trial data that can confirm the safety and effectiveness of the medical devices be submitted within a specified period; in such cases, the following data shall be submitted:
1. Clinical trial data ascertaining that the medical devices have clinical effectiveness, even if the number of subjects is less than that for a statistically valid trial;
2. Other materials prescribed by Ordinance of the Prime Minister with regard to the safety and effectiveness of the medical devices.
(3) For preliminary crisis response medical products for which it is deemed clear that clinical trials to study their effectiveness against nuclear, biological weapons, etc. cannot be conducted, the Minister of Food and Drug Safety may grant permission by item on the condition that clinical trial data that can confirm the safety and effectiveness of the medical products be submitted within a specified period, if the following data are submitted:
1. Drugs:
(a) Explanation that the mechanism of action of the relevant drug, including how the drug reduces toxicity, is reasonable in light of pathophysiology, etc.;
(b) Evidence that the results from non-clinical trials on animals are sufficient to predict response in humans;
(c) A clear explanation that the endpoints used in non-clinical trials on animals are related to a benefit, such as increasing survivability of humans;
(d) Evidence demonstrating that pharmacokinetic and pharmacodynamic data in humans or animals are the appropriate dose for use in humans for the relevant drug for which an application has been filed;
(e) Other materials prescribed by Ordinance of the Prime Minister with regard to proving, etc. the safety and effectiveness of the relevant drug;
2. Quasi-drugs:
(a) Explanation that the mechanism of action of the relevant quasi-drug is reasonable in light of the safety and effectiveness in the treatment, mitigation, cure, or prevention of the disease in question;
(b) Evidence that the results from non-clinical trials are sufficient to predict safety and efficacy in humans;
(c) Other materials prescribed by Ordinance of the Prime Minister with regard to proving, etc. the safety and effectiveness of the relevant quasi-drug;
3. Medical devices:
(a) Explanation that the relevant medical device's principle of action is reasonable in light of the safety and effectiveness in the diagnosis, treatment, mitigation, cure, or prevention of the disease in question;
(b) Evidence that the results from non-clinical trials on animals are sufficient to predict safety and effectiveness in humans;
(c) Other materials prescribed by Ordinance of the Prime Minister with regard to proving, etc. the safety and effectiveness of the relevant medical device.
(4) A person who has received permission by item for a drug under paragraphs (1) and (3) shall be deemed a person who has received permission by item under Articles 31 (2) through (3) and 42 (1) of the Pharmaceutical Affairs Act (including permission by item under Articles 23 (2) and (3) and 27 (1) of the Act on the Safety of and Support for Advanced Regenerative Medicine and Advanced Biological Products); a person who has received permission by item for a quasi-drug under paragraph (3) shall be deemed a person who has received permission by item under Articles 31 (4) and 42 (1) of the Pharmaceutical Affairs Act; and a person who has received manufacturing or import permission or certification for a medical device under paragraphs (2) and (3) shall be deemed a person who has received manufacturing or import permission or certification for a medical device under Article 6 (2) or 15 (2) of the Medical Devices Act (including manufacturing or import permission or certification for an in vitro diagnostic medical device under Article 5 (3) or 11 (2) of the Act on In Vitro Diagnostic Medical Devices).
(5) Where a person who has received permission by item for the relevant medical product under paragraphs (1) through (3) fails to fulfill the conditions of the permission, the Minister of Food and Drug Safety shall immediately revoke such permission by item as prescribed by Ordinance of the Prime Minister: Provided, That in cases prescribed by Ordinance of the Prime Minister, such as when it is necessary to ensure treatment opportunities for those to whom the medical product are administered or for those who use the medical product, the Minster may revoke the permission by item after requiring the person to take necessary measures.
(6) Details necessary for the application methods, processing procedures, and materials to be submitted under paragraphs (1) through (5) shall be prescribed by Ordinance of the Prime Minister.