Моята борба...рецептите в ЕС...

[Decatur]

Здравейте отново!Преди около десетина месеца публикувах темата за рецептите издавани от различните страни членки на ЕС и тяхното взаимно признаване.От тогава минах през солидна кореспонденция с различните офиси и институции...Публикувам последното официално съобщение ,което получих тези дни.надявам се скоро въпроса да бъде разрешен,от полза на всичките 400 млн.граждани на съюза...


"Dear Mr Iliev,

Quite some time ago you addressed a question to Commissioner Kuneva's private office on the validity of medical prescriptions between Member States. For reasons that I do not understand your request has been forwarded from one department to the next a couple of times and has not ended with me. Rather than sending it on yet again, which would have been possible as Commissioner McCreevy is not responsible for the matter, I decided that look up the answer with colleagues that are familiar with the matter. I wish to apologize on behalf of us all for the long delay as your request on its way did in fact pass the services principally responsible.

In summary the situation is that:

1) currently there is no Community law on recognition of prescriptions, so this is a matter for national legislation (specifically, the legislation in the country where you, as a Bulgarian citizen are trying to have your prescription delivered. That country may or may not recognise a prescription issued in another country);

2) however, that national legislation must respect basic internal market rules, thus a simple ban on recognition of prescriptions is clearly discrimination on grounds of nationality and is not acceptable. The Commission has brought infringement procedures against Member States on this (against the UK, in particular);

3) there are legitimate reasons why national legislation might nevertheless make it difficult in practice to have such prescriptions recognised (in particular, how the pharmacist in question can be sure of the identity of the prescribing doctor and address any differences in the name or presentation of the prescribed drug between the two countries). Such problems may be valid grounds for refusing to recognise a prescription.

4) To overcome this problem the Commission services are including provisions to ensure recognition of prescriptions on a general basis with appropriate safeguards in a proposal for a Directive on cross-border healthcare that the department of Mr Kyprianou, the Commissioner for Health and Food Safety, hopes to bring forward shortly. These provisions would look also at implementation mechanisms (eg: EU e-prescription formats).

I hope this helps you in understanding the current state of play and is still of use to you, even if it may not at this stage solve a practical problem you may be encountering.

Yours sincerely,





Peter Kerstens
Member of Cabinet

European Commission
Cabinet of Mr. C. McCreevy "