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Life Sciences Newsletter – July 2023

LIFE SCIENCES NEWSLETTER

MINSA

 

SINGLE NATIONAL FORMULARY OF ESSENTIAL MEDICINES

Ministerial Resolution Nº 633-2023/MINSA approved the new Single National List of Essential Medicines (PNUME) for the Health Sector and repealed the previous one, approved by Ministerial Resolution Nº. 1361-2018/MINSA.

The lists complementary to the PNUME of medicines for the treatment of the following diseases are maintained:

  • Neoplastic diseases
  • Multidrug-resistant (MDR), rifampicin-resistant (RR) tuberculosis and management of latent tuberculosis.
  • Pre-extensively drug-resistant (PRE-XDR) and extensively drug-resistant (XDR) tuberculosis (TB)
  • Malaria and leishmaniasis
  • HIV/AIDS

ARTIFICIAL INTELLIGENCE IN FAVOUR OF THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE COUNTRY

Law Nº 31814 establishes the principles for the development and use of artificial intelligence, declares the national interest of emerging technologies and artificial intelligence to improve public services, education and health, among others.

It also provides that the Secretariat of Government and Digital Transformation is responsible for directing, evaluating and supervising the use and promotion of the development of artificial intelligence and emerging technologies.

Thus, the Secretariat for Government and Digital Transformation has the duty to carry out the following actions:

  1. The development of artificial intelligence and its adoption as a tool to boost the country’s development and welfare.
  2. The training of professionals with the competence to harness, develop and use artificial intelligence in the country.
  3. The creation and strengthening of digital infrastructure as an enabler for the development of artificial intelligence.
  4. The development of a data infrastructure in order to make high-quality, reusable and accessible public data available.
  5. The adoption of ethical guidelines for sustainable, transparent and replicable use of artificial intelligence.
  6. A collaborative artificial intelligence ecosystem at national and international level.

DIGEMID

 

CONDITIONAL HEALTH REGISTRATION: NEW REGULATION FOR MEDICINES AND BIOLOGICAL PRODUCTS

Supreme Decree Nº 020-2023-SA approved the Regulation for the Conditional Health Registration of Medicines and Biological Products.

The purpose of this new regulation is to establish the provisions to regulate the conditional health registration of medicines and biological products with clinical studies in phase III, according to Article 8 of Law Nº 29459, Law of Pharmaceutical Products, Medical Devices and Health Products, modified by Law Nº 31091, and Article 19 of Decision 827 of the Andean Community.

The new regulation shall enter into force six (6) months after the day following its publication in the Official Gazette El Peruano. Its entry into force will repeal the previous Regulation on the same subject, approved by Supreme Decree Nº 019-2021-SA.

DIGEMID – DIGITAL COURT REGISTRY OFFICE WILL BE OPEN 24 HOURS A DAY

By means of a communiqué published on DIGEMID VIRTUAL, DIGEMID established that the opening hours of the Digital File Desk will be 24 hours a day, seven days a week, by virtue of Law Nº 31565, “Law that modifies Law Nº 27444, Law of General Administrative Procedure, in order to facilitate the reception of digital documents”.

It also set the working hours for the reception of documents by the virtual desk of parties, according to which the date of reception will be governed:

  • Documents submitted from 00:00 hours until the end of the entity’s business hours (16:30) on a working day are considered to be received on the same day.
  • Documents submitted after the entity’s opening hours until 23:59 are considered received on the following working day.
  • Documents submitted on Saturdays, Sundays, holidays or any other non-business day are considered to be received on the first following business day.

NATIONAL HEALTH INSTITUTE – INS

 

SANCTIONS FOR INFRACTIONS OF THE CLINICAL TRIALS REGULATION

Supreme Decree Nº 018-2023-SA approved the Regulation for the application of sanctions related to infractions of the Clinical Trials Regulation. Thus, the scale of sanctions to be imposed as a result of the commission of infractions due to non-compliance with the provisions established in the aforementioned Regulation is established.

DIGESA

 

ILLEGAL BUREAUCRATIC BARRIER: HEALTH RULES FOR RESTAURANTS AND RELATED SERVICES

By means of the publication in the Peruvian Official Gazette of Resolution Nº 0555-2022/CEB-INDECOPI, two rules contained in Article 6.3.1 of NTS Nº 142-MINSA/2018/DIGESA, Health Rules for Restaurants and Related Services, approved by Ministerial Resolution Nº 822-2018-MINSA, were constituted as illegal bureaucratic barriers:

  • Requiring food handlers on commercial premises to undergo medical examinations related to foodborne diseases at least every 6 months; and
  • The requirement to have medical certificates of food handlers on their business premises available for health surveillance by the competent authority.

Thus, both rules will be inapplicable with general effects, in favor of all economic agents and/or citizens affected by the imposition of the bureaucratic barriers declared illegal.

FOOD SAFETY – MODIFICATION OF LEGISLATIVE DECREE 1290

Law No. 31842 amended the second final complementary provision of Legislative Decree 1290, Legislative Decree that strengthens the safety of industrialized food and fishery and aquaculture products.

As a result of this modification, in the framework of the health authorization for micro and small enterprises granted by DIGESA, which is based on the Good Manufacturing Practices Programme, it states that “the technical standards and administrative procedures approved by the Health Authority contain regulations that will consider the special conditions of micro and small enterprises, such as the number of establishments, number of workers, amounts and volumes of sales and quantity of products per category, among others, as long as the health of people is not put at risk and the safety of the products is guaranteed”.

SENASA

 

PROHIBITION OF THE ACTIVE INGREDIENT CHLORPYRIFOS

By means of the Directorial Resolution Nº 0032-2023-MIDAGRI-SENASA-DIAIA, it is prohibited, from 12 July 2023:

  • The importation of chemical pesticides for agricultural use containing the active ingredient Chlorpyrifos, and only in the case that these are in transit to Peru, before the entry into force of this Directorial Resolution, will be allowed to enter the country; and
  • The registration of new chemical pesticides for agricultural use containing the active ingredient Chlorpyrifos.

In addition, it prohibits, from 1 August 2024:

  • The use of chemical pesticides for agricultural use containing the active ingredient Chlorpyrifos;
  • The commercialization, distribution, storage and/or packaging of chemical pesticides for agricultural use or products containing the active ingredient Chlorpyrifos.

Finally, within ninety (90) working days after 1 August 2024, the holders of registrations of chemical pesticides for agricultural use containing the active ingredient Chlorpyrifos must proceed with the withdrawal from the market, final disposal and inform users about the measures taken with respect to these pesticides and products containing the active ingredient Chlorpyrifos.

DRAFT 

 

REGULATION OF THE LAW ON PROTECTION OF PEOPLE FROM LEAD CONTENT IN PAINTS AND OTHER COATING MATERIALS

Ministerial Resolution Nº 710-2023/MINSA published the Draft Regulation of Law Nº 31182, Law that protects the health and physical integrity of people from lead content in paints and other coating materials. The purpose of this regulation is to regulate and control the concentration of lead in paints and other coating materials.

This regulation conditions the manufacture, import, distribution and commercialization of paints and other coating materials:

  • maximum lead limits, among others, are regulated;
  • the labelling of products;
  • obtaining health authorization for the manufacture, import, distribution and commercialization of these products; and
  • obtaining the certificate of free commercialization.