I.-When the pharmaceutical needs of an establishment, service or body covered by III of Article L. 5126-1 which is not part of a territorial hospital grouping or which is not a member of a health cooperation grouping mentioned in 4° of Article L. 6133-1 or in Article L. 6133-7 do not justify the existence of an in-house pharmacy, the medicines, products or objects mentioned in article L. 4211-1 and sterile medical devices may, by way of derogation from articles L. 5126-1 and L. 5126-7, be held and dispensed under the responsibility of a pharmacist who has entered into an agreement with the establishment.
II.-The establishments mentioned in 6° of I of article L. 312-1 of the code de l’action sociale et des familles (social action and families code) which do not have an in-house pharmacy or which are not members of a health cooperation group or a social and medicosocial cooperation group managing an in-house pharmacy, enter into one or more agreements with one or more pharmacists for the supply of the health products mentioned in I of article L. 5126-1 to the people accommodated within them. The agreement(s) designate(s) a reference pharmacist for the establishment. This pharmacist contributes to the proper management and use of medicines intended for residents. He or she also works with the attending doctors to help the coordinating doctor mentioned in V of article L. 313-12 of the same code draw up the list of medicines to be used preferentially in each pharmaco-therapeutic class.
These agreements specify the conditions intended to guarantee the quality and safety of dispensing as well as the correct use of medicines in conjunction with the coordinating doctor mentioned in V of article L. 313-12 of the same code. They are forwarded by the establishments to the director general of the regional health agency and to the primary health insurance fund to which they belong and, for pharmacists, to the relevant association council. Residents or their legal representatives retain the right to request that their supplies be provided by a pharmacist of their choice.
The agreements comply with a standard agreement defined by order of the ministers responsible for health and social security.