Rules for the formation of a list of medical products have been prepared, when forming a notice for the purchase of which a trademark can be used
Specialists of the Ministry of Health of the Russian Federation have developed a draft procedure for the formation of a list of medical devices and specialized medical nutrition products, during the procurement of which, by virtue of subparagraph "d" of paragraph 1 of Part 1 of Article 33 of Federal Law No. 44, it is allowed to use a trademark indication in the description of the object of purchase.
In particular, according to the draft document, it is assumed that an interdepartmental commission formed by the Ministry of Health of Russia will deal with the issue of including medical devices and food products in the relevant list. In this case, the decision is made based on the results of consideration of the application of the medical organization in which medical care is provided to the patient.
The list is planned to include medical devices:
- registered in the Russian Federation
- in respect of which there is a conclusion of the chief freelance specialist of the Ministry of Health of Russia on the relevant disease;
- in respect of which there is no decision of the Federal Service for Supervision in the Field of Healthcare on the suspension of use or withdrawal of a medical device from circulation.
Medical nutrition products are supposed to be included in the list if:
- there is a conclusion of the chief freelance specialist of the Ministry of Health of Russia on the relevant disease;
- a specialized product of therapeutic nutrition is used in the treatment of patients with orphan diseases.
Recall that the use of trademark indications in the description of the object of purchase is allowed, including in the case of the purchase of medical devices, specialized medical nutrition products necessary for prescribing to the patient for medical reasons (individual intolerance, for vital indications) by the decision of the medical commission, which is recorded in the patient's medical documentation and the journal of the medical commission. The list of the specified medical devices, specialized medical nutrition products and the procedure for its formation are approved by the Government of the Russian Federation (subparagraph "d" paragraph 1 of part 1 of Article 33 of Federal Law No. 44).
Document: Draft Resolution of the Government of the Russian Federation (prepared by the Ministry of Health)