I.-When the research mentioned in 1° and 2° of Article L. 1121-1 for commercial purposes is carried out in health establishments, or health centres, it is the subject of the agreement provided for in the second paragraph of IV of Article L. 1121-16-1, between the legal representative of the research site and the legal representative of the research sponsor.
This agreement is referred to as a single agreement. It is exclusive of any other contract for consideration concluded for the commercial research in question in the health establishment, home or centre concerned.
When the research is carried out in several locations, the agreement concluded between the sponsor and the legal representative of the health establishments, homes or centres, referred to as associated establishments, includes the same stipulations as those in the agreement concluded between the sponsor and the coordinating establishment, in particular for the identification, invoicing and payment which the sponsor must assume.
The promoter is required to :
1° Supply free of charge the products which are the subject of the research, or make them available free of charge for the duration of the research, except in cases where the law provides otherwise;
2° To cover the costs defined below that are incurred by the health establishment, home or health centre:
-on the one hand, the costs of implementing the research protocol not related to the medical care of the patient or healthy volunteer, referred to as “costs”, in particular the investigative tasks necessary for the research and the administrative and logistical tasks related to the research;
-on the other hand, additional costs, referred to as “extra costs”, which are costs relating to the medical care of the patient or healthy volunteer, and required by the implementation of the protocol. These are costs incurred for procedures necessary for the implementation of the research, which must be performed in addition to those cited in the recommendations for good clinical practice drawn up or validated by the Haute Autorité de Santé, where these exist, or failing this, procedures which are part of standard practice for the management of the condition concerned, and which cannot be billed to the health insurance scheme or to the patient.
The agreement entered into by the sponsor with the coordinating establishment and any similar agreements entered into with associated establishments must comply with a standard agreement defined by order of the Minister for Health, which sets out in particular the methods for calculating the costs and additional costs generated by the research.
II – The sponsor may pay compensation as provided for in the single agreement for the expected quality of the data resulting from research involving the human person.
The agreement may provide for all or part of the compensation referred to in the previous paragraph to be paid directly to a separate third party structure, participating in the research but not under the authority of the legal representative of the establishment or health centre where the research is also being carried out. Compensation may only be granted if the third party structure fulfils the following conditions:
1° It is designated by the legal representative of the health establishment, home or centre in accordance with public procurement law, where applicable;
2° It is governed in such a way as to protect it and its directors from the risk of their liability being called into question, particularly with regard to the risk of a conflict of interest or a breach of the principles and rules for the protection of persons participating in research;
3° It uses the funds received from the sponsor for research purposes.
III – The agreement must be signed by the legal representative of the healthcare establishment, home or centre, the legal representative of the sponsor and, where applicable, the legal representative of the third party legal entity mentioned above.
The investigator responsible for the research in the health establishment, home or health centre signs the agreement, thereby certifying that he has read it.
The single agreement is concluded no later than forty-five days after receipt of the promoter’s proposal by the health establishment, home or centre and, where applicable, the third party structure. Where the research is carried out at several sites, this time limit applies to the agreement concluded with the coordinating establishment, and a subsequent time limit of fifteen days applies for the conclusion of the agreement(s) with associated establishments, from the day on which they receive the necessary documents from the sponsor.
The single agreement is then sent immediately by the promoter to the Conseil national de l’ordre des médecins for information.