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Therapeutics


Figure 1: What do you need to consider?


l The Directive 2001/83/EC states that an unli- censed drug may be made available in response to a bona fide unsolicited order by a healthcare pro- fessional for use by their individual patient in their direct personal responsibility. l The EU Directive 726/2004 outlines the type of patient who can be considered for these pro- grammes based on compassionate use grounds. According to the Directive, unlicensed drugs can only be made available on compassionate grounds to patients with a chronically or seriously debili- tating disease or whose disease is considered to be life-threatening and who cannot be treated satis- factorily with an authorised medicinal product.


The latter regulation also underlines that man- aged access programmes may not interfere with or replace clinical trials, ie patients should always be considered for inclusion into a clinical trial first. In addition to this general framework laid down on a European level, the 27 member states of the European Union – all of whom nominally come under the jurisdiction of the European Medicines Agency (EMA) – each have their own nationalised regulations regarding the import of investigational or pre-launch medications for NPPs. National pro- grammes differ widely from one member state to another due to differences in national medical practices, resources available, funding of the prod- uct, hospital structures and national insurance sys- tems. The terminology also differs, but broadly


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speaking, access is created via named patient pro- grammes.


Implementing managed access programmes


Putting into place a managed access programme can often be a complicated process (see Figure 1). My experience has involved implementing three NPPs, including one for a drug with orphan status from the EMA and the US Food & Drug Administration (FDA) for Lennox Gastaut Syndrome. The programme was implemented both on a pan-European and domestic level during reim- bursement discussions in a number of the EU27 member states.


Orphan drugs do provide an interesting chal- lenge to many companies. To be designated an orphan drug in the EU, the condition treated needs to occur in less than five per 10,000 patients in the European Union. This differs from the United States where less than 200,000 patients need to have been diagnosed with the condition. As these conditions are rare the numbers of patients included in the pre-licence trials are often limited. The orphan drug legislation creates an incentive for pharmaceutical companies to develop drugs that due to the rareness of the conditions may have limited marketing gain. Often these conditions such as Lennox-Gastaut Syndrome are catastrophic in their nature. Therefore an early access pro- gramme is an ethical approach to supplying orphan


Drug Discovery World Winter 2010/11


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