Medical Device: An instrument, apparatus, contrivance, or another similar article, or an in vitro reagent, including a component, part, or accessory of any of them, that is manufactured, sold, or represented for use in:
1. Diagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical state, or any of their symptoms in human beings or animals.
2. Restoring, modifying or correcting the body structure of human beings or animals or the functioning of any part of the bodies of human beings or animals,
3. Diagnosing pregnancy in human beings or animals,
4. Caring for human beings or animals during pregnancy or at or after the birth of the offspring, including caring for the offspring, or
5. Preventing conception in human beings or animals:
however it does not include such an instrument, apparatus, contrivance or article, or a component, part or accessory of any of them, that does any of the actions referred to in paragraphs 1. to 5. solely by pharmacological, immunological or metabolic means or solely by chemical means in or on the body of a human being or animal: (instrument).