Dear Ms XXX
I am an EU citizen resident in Ireland. For several years until 2024 my local pharmacy in Ireland was able to accept a printed prescription provided to me by a company called Mobidoctor. To my knowledge Mobidoctor is based outside Ireland but within the EEA and provides telemedicine services and prescriptions to Irish residents from medical professionals registered elsewhere in the EEA. Since early 2024 my pharmacy in Ireland has refused to accept printed prescriptions from Mobidoctor on the grounds that it could no longer do so due to new legislation in force in Ireland.
This legislation is
S.I. No. 98/2020 - Medicinal Products (Prescription and Control of Supply) (Amendment) Regulations 2020. It states that Irish pharmacies may only accept prescriptions which are either in:
(i)
nk and be signed by the person issuing it with his or her usual signature and be dated by him or her, or
(ii) electronic form, transmitted by the national electronic prescription transfer system and clearly indicate the date of issuance and, without prejudice to subparagraph (c)(ii), the professional registration number of the person issuing it, and must be traceable electronically back to him or her;”,
The Irish national electronic prescription system is known as Healthmail and is run by the Health Service Executive (HSE), the Irish health administration authority. The Healthmail https://www.healthmail.ie/registration.cfm (website)states that "Healthmail accounts are available only to healthcare professionals who are registered with the Irish Medical Council".
This appears to be in conflict with the obligation on member states to ensure that prescriptions issued in another EEA member state can be dispensed on their territory. I refer to Article 11 of the Directive 2011/24/EU on the application of patients’ rights in cross-border healthcare (the "Cross Border Health Directive") which states:
1. If a medicinal product is authorised to be marketed on their territory, in accordance with Directive 2001/83/EC or Regulation (EC) No 726/2004, Member States shall ensure that prescriptions issued for such a product in another Member State for a named patient can be dispensed on their territory in compliance with their national legislation in force, and that any restrictions on recognition of individual prescriptions are prohibited unless such restrictions are:
(a)limited to what is necessary and proportionate to safeguard human health, and non-discriminatory; or
(b) based on legitimate and justified doubts about the authenticity, content or comprehensibility of an individual prescription.
The medicines prescribed by Mobidoctor are all legal to be dispensed in Ireland. The above restriction to medical professionals registered with the Irish Medical Council is not consistent with what is necessary or proportionate to safeguard human health. It is discriminatory. The above restriction is also disproportionate as a general measure with regard to concerns about the authenticity, content, or comprehensibility of a prescription.
I believe my rights as an EU citizen to benefit from prescriptions written by medical professionals elsewhere in the EEA are being grossly infringed. I urge the European Commission to investigate this issue with the Irish authorities and to take action up to and including infringement procedures against Ireland. I am ready to provide documentary evidence of prescriptions which have been refused by pharmacists based in Ireland.
Sincerely
Sarah Ryan