The 2020 anti-waste law represents a major step forward in the solidarity economy, authorizing the donation of medical equipment for reconditioning by solidarity structures. However, until recently, the rules governing this system were vague, raising questions about its practical application. Now that the detailed rules have been published, it’s time to take stock of this meaningful initiative.
Facilities authorized to donate medical equipment
Public and private healthcare establishments, as well as establishments or services for the elderly, are authorized to donate medical equipment. Service providers and distributors of equipment designed to help people who are ill, incapacitated or disabled to return home and live independently, as well as pharmacies, are also entitled to take part in this scheme. In addition, natural or legal persons engaged in the storage of medical devices and their distribution or export, excluding sale to the public, may also make donations.
Organizations authorized to receive donations
Structures authorized to receive donations of medical equipment must meet specific criteria to ensure responsible and efficient use of these precious resources. Under the 2020 anti-waste law, only associations and social and solidarity economy structures with « social utility solidarity enterprise » accreditation are entitled to receive these donations.
To obtain this accreditation, these structures must demonstrate their commitment to social and solidarity objectives, particularly in terms of reducing social exclusion, promoting employment or preserving the environment. They must also demonstrate democratic and transparent governance, as well as responsible management of their activities.
In addition, at least one of the objectives of these structures must be to recondition medical equipment by developing activities to prepare it for reuse. This means they must have appropriate facilities and processes in place to inspect, clean, repair and test medical equipment to ensure its quality and safety before releasing it back into circulation.
By receiving these donations, these structures are committed to maximizing the use of available resources while meeting the needs of vulnerable populations. In this way, they help to promote a circular and inclusive economy, in which goods are reused and repurposed rather than thrown away, thus reducing waste and preserving natural resources.
Medical equipment eligible for donation
The medical equipment eligible for donation is carefully defined to ensure that it meets the specific needs of people with disabilities or activity limitations, while guaranteeing its safety and compliance with health standards. In line with the 2020 anti-waste law, only certain types of technical instruments, equipment or systems can be donated.
These include medical devices adapted or specially designed to compensate for an activity limitation encountered by a person due to their disability. This includes a wide range of equipment, such as wheelchairs, prostheses, braces, mobility aids, augmentative and alternative communication devices, and home care equipment, among others. In addition, medical equipment designed to meet a need related to parenthood, such as breastfeeding devices or accessories to keep babies safe, is also eligible for donation.
Obligations and responsibilities of receiving structures
Similarly, organizations that recover second-hand equipment are obliged to inform the French Agency for the Safety of Medicines and Health Products (ANSM) of any incidents that occur during its use.
A promising initiative for social inclusion and waste reduction
In conclusion, the AGEC law opens up new prospects in the social and solidarity economy by enabling the donation and reconditioning of medical equipment. With the clarification of the rules surrounding this scheme, it is now possible to envisage an effective and responsible implementation, thus contributing to the reduction of waste and the promotion of social inclusion.
To find out more about the AGEC Act, read this article !
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