2. What’s going on in NL?
•
•
•
•
GMH developments – mutuality
Dutch lobby for HCP interaction provisions in MDR and IVDR proposal
Enforcement developments
Transparency / Sunshine
3. GMH – Mututality
• Problem of “HCP shouldn’t ask what industry is not allowed to offer”
• As of 1 January 2014 hospitals and doctors associations have agreed to
comply with GMH code
• NVZ & NFU
• KNMG and Orde van Medisch Specialisten
• Not all HCPs bound yet though
• Nurses (V&VN)
• Institution for long-term care (Actiz)
• Minister want to involve healthcare insurance funds as well because of
their role in the purchase of medical devices
4. Dutch lobby MDR and IVDR
• Dutch Minister of Health unhappy with enforcement tools re HCP
interaction
• IGZ (competent authority) should be able to enforce in addition to self
regulation
• Dillema: national or EU solution?
• Dutch have put it on the agenda for MDR and IVDR revision and will
keep pushing the point
• Late in the legislative process and so far difficult to see if there is any
traction – may however pop up post elections if MDR and IVDR do
not complete pre-elections
5. HCP interaction enforcement by
CA IGZ
• While waiting for Brussels, NL wants to do something in terms of HCP
interaction enforcement
• Change in Act on Medical Devices under construction
• Analogous to provisions on hospitality in Medicinal Products
Act, supplemented by self regulatory standards
• Amendment to be tabled in 2014; entry into force expected by 1-12016
• Unclear if and how the enforcement competence will apply to
different product groups and risk classes – Minister says amendment
will be analogous to “medicinal products logic”
6. Generally: CA enforcement up and
experimental
• Visible increase in CA enforcement in NL
• “new” sectors
• As of 1-1-2014 IGZ actively enforces in medical software field on
medical device law
• Joint Immediate Action Plan gone wild
• IGZ has adopted policy to enforce against authorised
representatives as if they are manufacturer for manufacturer
infringements
• IGZ has adopted policy to redo Ethical Committee approvals for
clinical investigations based on manufacturer’s notification duty
7. Transparency / Sunshine
• Minister wants public transparency of
HCP – industry relations
• To be implemented in self-regulation
like with medicinal products
• Entry into force 2015
• GMH body to present proposal
shortly
• Transparency to be limited only to
“interactions relevant to the patient”
• Example given by Minister
“gloves: no, pacemakers and
hip replacements: yes. Implants
should always be covered.
Scope of products flexible.”
• Infrastructure: Transparantieregister
Zorg
8. THANKS FOR YOUR ATTENTION
Erik Vollebregt
Axon Lawyers
Piet Heinkade 183
1019 HC Amsterdam
T +31 88 650 6500
F +31 88 650 6555
M +31 6 47 180 683
E erik.vollebregt@axonlawyers.com
@meddevlegal
B http://medicaldeviceslegal.com
READ MY BLOG:
http://medicaldeviceslegal.com
www.axonlawyers.com
9. Legal stuff
• The information in this presentation is provided for information purposes only.
• The information is not exhaustive. While every endeavor is made to ensure
that the information is correct at the time of publication, the legal position may
change as a result of matters including new legislative developments, new
case law, local implementation variations or other developments.
• The information does not take into account the specifics of any person's
position and may be wholly inappropriate for your particular circumstances.
• The information is not intended to be legal advice, cannot be relied on as
legal advice and should not be a substitute for legal advice.