What consequences may follow if the hospital administration decides to intr
oduce recycling and resterilisation of disposable medical products? While s
ome consider the chief executive administrators and doctors to be seriously
endangered by the legal implications of the German Medical Products Act (M
PG), others consider recycling and resterilisation to be clearly admissible
.
A closer look at what constitutes an offence as described in sec. 43, para
1 No. 1 of the MPG reveals that mere presumptions do not suffice to incur t
he respective penalties; rather, a concrete, scientifically sound basis for
assuming an endangerment of safety or health are required for penal measur
es to de justified. The manufacturer's designation,,for once-only use "may
not be considered,,intended purpose" as stipulated in sec. 4, para I No. 1
of the MPG. If recycling or resterilisation be confined to self-made dispos
ables, there is no necessity for CE marking. information of the patient and
individual documentation must be extended to cover the use of recycled or
resterilised disposable products only if the use of the latter may constitu
te a significant additional danger to the patient.