Key Benefits:
April 29, 2015 (State 1 Er January 2016)
The Swiss Federal Council,
See art. 16, para. 2, of the Act of 28 September 2012 on Epidemics (LEp) 1 ,
Stops:
1 This order sets out the conditions and procedure for granting the authorisation:
2 Laboratories that perform only basic care testing under s. 62 of the Medical Insurance Order of June 27, 1995 1 Enter the scope of this order only if they carry out the analyses referred to in para. 1, let. B.
The granting of authorisation is within the competence of the Swiss Institute for Therapeutic Products.
The term is:
1 Any laboratory must be under the direction of a technical officer (head of laboratory).
2 The laboratory leader conducts direct technical monitoring of the laboratory.
3 He is responsible for interpreting the results and advising the prescriber.
1 The head of a laboratory for diagnostic or epidemiological analysis must be able to justify a title conferred by the medical laboratory association of Switzerland (FAMH) of specialist FAMH in laboratory medicine or equivalent qualifications.
2 The laboratory chief can only carry out analyses which the Federal Department of the Interior (DFI) lays down on the basis of art. 52, para. 1, paragraph a, c. 1, Federal Act of 18 March 1994 on Medicare (LAMal) 1 , provided that the required specialization corresponds to its title FAMH.
3 For analyses that are not settled on the basis of s. 52, para. 1, paragraph a, c. 1 LAMal, the Swiss Institute for Therapeutic Products may define the qualifications of the laboratory head and lay down additional requirements.
The head of a laboratory conducting analyses to exclude communicable diseases must be able to justify one of the following:
The head of a laboratory carrying out analyses of environmental samples must be able to justify one of the following qualifications:
1 At least half of the staff of a laboratory performing analyses must be able to justify one of the following degrees:
2 At least half of the staff in a laboratory performing analyses must have at least one year of professional experience in the field of microbiology analysis.
The laboratory must have suitable premises and be equipped with the necessary equipment and facilities.
The laboratory must have a quality management system.
1 The application for authorisation to operate a laboratory must be submitted to the Swiss Institute for Therapeutic Products.
2 The application must include the following:
3 The Swiss Institute of Therapeutic Products reviews the application. It may conduct an inspection prior to the granting of the authorization.
4 It may use experts to examine applications and delegate inspection of laboratories to cantons or third parties.
1 If the laboratory meets the conditions set out in s. 4 to 10, the Swiss Institute for Therapeutic Products grants the authorisation.
2 Based on the qualifications of the laboratory head (art. 5 to 7), the authorisation is granted only for certain fields of analysis and analytical procedures.
3 The authorisation shall be valid for up to five years.
4 The renewal of the authorisation must be requested no later than six months before its expiry. The application shall contain or confirm the indications referred to in Art. 11, para. 2.
1 The Swiss Institute of Therapeutic Products shall periodically check whether the laboratory complies with the provisions of this order.
2 It may at any time carry out or order announced or unannounced inspections of the laboratory. It may delegate the inspection to the cantons or to third parties.
3 It may call on external experts to carry out inspections.
4 It shall notify the competent cantonal authority and, in the case of accredited laboratories, the Swiss Accreditation Service (SAS), of inspections and may invite representatives of these authorities to participate in the inspections.
1 Where a laboratory with an authorization within the meaning of this order is accredited in accordance with the order of 17 June 1996 on accreditation and designation 1 , the Swiss Institute for Therapeutic Products decides whether the SAS controls replace the accredited field with the periodic inspections referred to in Art. 13.
2 If the SAS carries out checks, it checks whether the laboratory complies with the legal provisions and informs the Swiss Institute of Therapeutic Products. The Swiss Institute for Therapeutic Products and the competent cantonal authority can take part in the checks.
3 The SAS informs the Swiss Institute of Therapeutic Products of the renewal, withdrawal or suspension of accreditation, as well as any changes in the accredited field.
4 The laboratory shall make available to the Swiss Institute for Therapeutic Products, at the request of the latter, evidence relating to the accreditation procedure.
The Swiss Institute for Therapeutic Products may withdraw, suspend or restrict authorization where:
Laboratories conducting diagnostic or epidemiological analyses and analyses to exclude the presence of a communicable disease must conform to the good practices of the microbiology laboratories set out in Annex 1.
1 Erratum of 9 June 2015 ( RO 2015 1689 ).
1 Laboratories conducting diagnostic or epidemiological analyses and analyses to exclude the presence of a communicable disease must establish the quality management system referred to in s. 10 taking into account the standards set out in Annex 2, c. 1.
2 Laboratories conducting environmental sampling analyses shall establish the quality management system referred to in s. 10 taking into account the standard set out in Annex 2, c. 2. The Swiss Institute for Therapeutic Products may publish a guide to this effect.
3 Laboratories must regularly submit to external quality control.
1 Laboratories acting as reference centres or confirmatory laboratories under s. 17 LEp are required to respect the diagnostic concepts defined by the Federal Office of Public Health (FOPH).
2 Laboratories establishing primary diagnoses are required to comply with the diagnostic concepts defined by the FOPH.
3 The FOPH may declare that the concepts of diagnosis of international institutions are binding.
1 Documents prepared for internal quality management, laboratory journals and analytical reports shall be kept for at least five years and made available to the Swiss Institute for Therapeutic Products on request.
2 Documents prepared for external quality control shall be kept for at least five years and made available to the Swiss Institute for Therapeutic Products on request.
3 Laboratory journals and analytical reports for analyses to exclude the presence of a communicable disease must be retained for 20 years.
4 The laboratory must take the necessary technical and organizational measures to protect the analytical reports and all other patient data from unauthorized access.
1 The laboratory shall file with the Swiss Institute of Therapeutic Products for any modification of the indications referred to in Art. 11, para. 2, an application accompanied by the necessary documents.
2 The Swiss Institute of Therapeutic Products shall decide within 30 days on applications within the meaning of para. 1 and, where appropriate, adapts the authorization.
Laboratories holding an authorization within the meaning of this order shall not entrust diagnostic or epidemiological analyses, analyses to exclude the presence of a communicable disease or analyses of samples Obtained from the environment at a foreign laboratory only if carried out in accordance with the state of science and technology, comply with the quality requirements of this order, and that data protection is Warranty.
1 The Swiss Institute of Therapeutic Products publishes annually a list of laboratories licensed under this order.
2 This list contains the following information:
1 The Swiss Institute of Therapeutic Products shall inform the OFSP and the competent cantonal authority of the granting, renewal, withdrawal and suspension of authorisations. It makes available to the FOPH a file containing the addresses of the authorized laboratories.
2 The FOPH shall inform the Swiss Institute of Therapeutic Products of its activities, provided that they are relevant for the granting of authorisations and for the control of laboratories.
The Ordinance of 26 June 1996 on microbiology and serology laboratories 1 Is repealed.
1 [RO 1996 2324, 2001 3294 hp. II 11, 2003 4835, 2004 4037 hp. II al. 1]
1 Authorisations granted under the old right shall remain valid until the expiry of their validity.
2 Recognitions referred to in s. 5, para. 1, of the Act of 18 December 1970 on Epidemics 1 Remain valid until the expiry of their validity or, at the latest, five years after the coming into force of this order.
3 The Swiss Institute of Therapeutic Products shall convert the authorisations and recognitions issued under the old right into authorisations in accordance with this order as soon as an amendment is announced.
4 Laboratories that have not so far been subject to the authorisation scheme or who do not have valid recognition and who now need an authorisation are required to file an application within one year of The coming into force of this Order. They may continue to carry out analyses until the Swiss Institute for Therapeutic Products has decided on their request.
5 If the qualifications of the laboratory head do not comply with the requirements of this order, the Swiss Institute for Therapeutic Products may grant a maximum period of three years for them to be.
1 RO 1974 1071
This order shall enter into force on 1 Er January 2016.
(art. 16)
The laboratory leader must keep abreast of the current state of science and technology through continuous training. It is supposed to be able to produce proof of such training at all times.
The Laboratory Manager is expected to be able to provide evidence at all times that he has sufficient staff and that he has the qualifications and experience required to perform his/her work.
The indications concern the business reason, the addresses of the company and laboratory headquarters, the benefit catalogue, the structure and the organisation chart, the names of the employees and their responsibilities.
The results are communicated to the prescriber in writing, with specific patient data and an interpretation based on existing data.
The laboratory receives from its suppliers the description and the manner of use of their products and services. It shall inform them of any irregularities or problems arising during the use.
When performing subcontracting work such as the maintenance of the computer system or other maintenance work which provides access to confidential data, the laboratory shall indicate in writing to the representative that it is required to Professional secrecy.
1 These standards can be consulted at the Swiss Institute for Therapeutic Products, Hallerstrasse 7, 300 Bern 9 or obtained from the Swiss Swiss Centre for Information on Technical Rules (switec), Bürglistrasse 29, 8400 Winterthur; www.snv.ch
2 RS 812.213
(art. 17)
1. When developing quality management systems, laboratories carrying out diagnostic or epidemiological analyses and analyses to exclude communicable diseases take into account ISO standards 1 Following:
2. When developing quality management systems, laboratories performing environmental sampling analyses take into account the ISO standard. 2 Next:
1 These standards can be consulted at the Swiss Institute for Therapeutic Products (Swissmedic), Hallerstrasse 7, 3000 Berne 9; they can also be ordered from the Swiss Association for Standardization (switec), Bürglistrasse 29, 8400 Winterthur; www.snv.ch.
2 This standard can be consulted at the Swiss Institute for Therapeutic Products (Swissmedic), Hallerstrasse 7, 3000 Bern 9; it can also be ordered from the Swiss Association for Standardization (switec), Bürglistrasse 29, 8400 Winterthur; www.snv.ch