I. – Early access as defined in this article governs the use, on an exceptional basis, of certain medicinal products, in specific therapeutic indications, intended to treat serious, rare or incapacitating diseases, when the following conditions are met:
1° There is no appropriate treatment ;
2° Implementation of the treatment cannot be deferred;
3° The efficacy and safety of these medicines are strongly presumed on the basis of the results of therapeutic trials;
4° These medicinal products are presumed to be innovative, particularly with regard to any clinically relevant comparator.
II. – Early access applies :
1° Either, by way of derogation from articles L. 5121-8 and L. 5121-9-1, to a medicinal product which does not have a marketing authorisation in the indication in question and for which the company concerned has submitted, or undertakes to submit within a period determined by the Haute Autorité de santé, which may not exceed a limit set by decree, an application for the issue of such an authorisation ;
2° Or to a medicinal product which, where applicable after application of 1° of this II, has a marketing authorisation for the indication in question without being included for this indication on one of the lists mentioned in the first paragraph of Article L. 5123-2 of this Code or in the first paragraph of Article L. 162-17 of the Social Security Code and for which the company concerned has submitted, or undertakes to submit within one month of obtaining its marketing authorisation, an application for inclusion on one of these lists.
III. – The use of the medicinal product under early access is authorised for each indication considered by the Haute Autorité de Santé, at the request of the company concerned, for a period which may not exceed a limit set by decree, which may be renewable.
When it concerns a medicinal product mentioned in 1° of II and no favourable opinion has been issued by the Committee for Medicinal Products for Human Use of the European Medicines Agency, the authorisation decision is taken after receiving the assent of the National Agency for the Safety of Medicines and Health Products, attesting to the strong presumption of efficacy and safety of the medicinal product in each indication considered.
IV. – Early access authorisation is subject to compliance, by the company marketing the medicinal product, with a therapeutic use and data collection protocol defined by the Haute Autorité de santé and appended to the authorisation decision. The protocol is drawn up in conjunction with the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) when the authorisation is granted under 1° of II and no favourable opinion has been issued by the Committee for Medicinal Products for Human Use of the European Medicines Agency.
The data to be collected relates to efficacy, adverse reactions, actual conditions of use and the characteristics of the population benefiting from the medicinal product authorised in this way. In particular, it concerns persons belonging to populations that are not represented, or are insufficiently represented, in relation to the populations likely to use these medicinal products, within the therapeutic trials carried out with a view to a marketing authorisation application.
The company responsible for marketing the medicinal product is responsible for collecting the data. To this end, prescribers send it the follow-up data on patients treated, in accordance with procedures that ensure respect for medical confidentiality.
V. – When authorisation for early access is granted under 1° of II, the prescriber informs the patient, his legal representative, in the case of a minor, and the person responsible for the legal protection measure, in the case of an adult subject to a legal protection measure with representation relating to the person, or the trusted support person that the patient has designated in application of article L. 1111-6, that the medicinal product is not being prescribed under a marketing authorisation but under an early access authorisation pursuant to III of this article, of the risks incurred and of the constraints and benefits likely to be provided by the medicinal product. The prescriber will write on the prescription: “Prescription without a marketing authorisation under an early access authorisation”.
When the early access authorisation is issued under 2° of II, the prescriber will write on the prescription: “Prescription under an early access authorisation”.
In all cases, the prescriber informs the patient of the conditions for reimbursement by the health insurance scheme of the medicinal product prescribed in this indication.
VI. – The early access authorisation may be suspended or withdrawn by the Haute Autorité de santé :
1° If the conditions laid down in this article are no longer met ;
2° If the company responsible for marketing the medicinal product does not comply with the undertaking to submit an application for marketing authorisation or registration for reimbursement made, where applicable, in application of 1° or 2° of II or if it withdraws its application;
3° At the request of the Agence nationale de sécurité du médicament et des produits de santé, on public health grounds, in the event of failure to comply with the protocol defined in III with regard to the rules for therapeutic use or in the event of deterioration in the presumption of efficacy or safety of the medicinal product, resulting in particular from new monitoring data or clinical data available, an unfavourable opinion issued by the Committee for Medicinal Products for Human Use of the European Medicines Agency or a refusal of marketing authorisation for the medicinal product in the indication in question.
In an emergency, the Agence nationale de sécurité du médicament et des produits de santé may, for one of the reasons mentioned in 3° of this VI, temporarily suspend the early access authorisation under conditions laid down by decree in the Conseil d’Etat.