In order to promote the coordination, quality, continuity of care and safe dispensing of the medicinal products, products and articles defined in article L. 4211-1 and implantable medical devices, a pharmaceutical record is automatically opened for each beneficiary of the health insurance scheme, unless the beneficiary or his/her legal representative objects. The beneficiary or his/her legal representative is informed of the opening of this file, the conditions under which it operates and the procedures for closing it. The beneficiary concerned or his/her legal representative is also informed of the procedures for exercising his/her right to object before the pharmaceutical record is opened.
Unless the patient objects to the pharmacist having access to his pharmaceutical record and to the information being added to it, all dispensing pharmacists are obliged to add information to the pharmaceutical record when dispensing. Under the same conditions, pharmacists practising in a pharmacy for internal use consult and add to this file when health information systems allow. Information from this file which is useful for coordinating care is transferred to the shared medical file under the conditions set out in article L. 1111-15.
Unless the patient is duly informed to the contrary, the doctor treating the patient in a health establishment, an army hospital or the Institution Nationale des Invalides, or the medical biologist, may consult the patient’s pharmaceutical record under the conditions mentioned in the second paragraph.
The pharmaceutical record is implemented by the Conseil national de l’ordre des pharmaciens mentioned in article L. 4231-2.
A decree by the Conseil d’Etat, issued after consultation with the Commission nationale de l’informatique et des libertés and the Conseil national de l’ordre des pharmaciens, sets the conditions for application of this article.