On 5 June, we conducted a training course on ‘Operating theatre safety’ in Kashubia.

🔸On 5 June, we conducted a training course on ‘Operating theatre safety’ in Kashubia. The participants of the training were instrument nurses.

🔹The most important conclusions:

1. safety of the BO, is the safety of the patient and the medical staff

2. BO safety, is:

-appropriate staff

-appropriate equipment

-compliance with procedures

-proper documentation of the course of operations.

It appears that this area is related to the provision of medical devices ‘necessary for the performance of the service’. On the one hand, this is the result of austerity, but on the other, the fear of violating the principles of fair competition.

🔸Meanwhile:

‘The concept of medicines and medical devices “necessary for the performance of the service” includes such medicines and devices without which it is not possible to perform an effective procedure in accordance with current medical knowledge, in a manner chosen by the doctor and accepted by the patient. Thus, if a decision is made to perform a medical procedure using a particular method of procedure (e.g. using a synthetic implant), then all drugs and medical devices necessary for the performance of such a procedure (without which the procedure cannot be properly performed), including the implant, are ‘necessary for the performance of the service’ within the meaning of Article 35 of the 2004 Act on health care services financed from public funds’ (so: IV C 1157/13, I ACz 692/12, VI ACa 1468/14).

Consequently, the allegation of restriction of competition finds its limits in the legitimate needs of BO: "Maintaining fair competition does not imply the necessity to allow every potential contractor to participate in the procedure, nor can it be seen in isolation from the needs of the contracting authority. The contracting authority, when describing the subject matter of the contract in a way that eliminates existing solutions on the market, has to meet the demonstration that this is based on its legitimate needs."

Many thanks to all participants for the interesting discussions and examples.