Any measures taken by the holder of the early access authorisation issued for a medicinal product covered by 1° of II of Article L. 5121-12 to disseminate the authorisation, or any information relating to this authorisation, to the healthcare professionals concerned, must not constitute advertising within the meaning of Article L. 5122-1.
These measures are subject to the prior opinion of the Agence nationale de sécurité du médicament et des produits de santé and the Haute Autorité de santé.
The draft measure is sent to the Agency and the High Authority by any means likely to ensure that it is received with a date certain. The opinions of the Agency and the High Authority are deemed to have been issued if no response is received within one month.