Part five: Health products

Pharmacists may not sell goods in their dispensaries other than those appearing on a list drawn up by the Minister for Health, on a proposal from the Conseil national de l’ordre des pharmaciens. Pharmacists must dispense in their dispensaries simple drugs, chemical products and preparations described in the pharmacopoeia. The substances dispensed in this way must meet the specifications of the said pharmacopoeia. Pharmacists may not sell any secret remedies.

Pharmacists or their agents are prohibited from soliciting orders from the public. It is forbidden for pharmacists to receive orders for medicinal products and other products or objects mentioned in article L. 4211-1 through the usual intermediary of brokers and to engage in the trafficking and home distribution of medicinal products, products or objects mentioned above, the order for which would have reached them in this way. Any order delivered…

The sale to the public of all medicinal products, products and articles mentioned in article L. 4211-1 through commission houses, purchasing groups or establishments owned or managed by persons who do not hold one of the diplomas, certificates or other qualifications mentioned in article L. 4221-1 is prohibited.

The sale, display or distribution of medicines is forbidden on the public highway, at fairs or markets, to any person, even those holding a pharmacist’s diploma.

Any agreement whereby a pharmacist guarantees a practising doctor, dental surgeon or midwife a profit of any kind on the sale of pharmaceutical, medicinal or cosmetic products that they may prescribe is prohibited.

Pharmacists and persons legally authorised to assist them in dispensing medicines in a pharmacy must wear a badge indicating their status; the characteristics of this badge and the conditions under which the public is informed of its meaning are set by order of the Minister for Health.

Cooperative societies of dispensing pharmacists may not refuse their services in an emergency to non-associated dispensing pharmacists and to all public or private establishments where patients are treated, where such establishments regularly have an in-house pharmacy.

Pharmacy pharmacies may only be advertised in accordance with the conditions laid down by regulation.

The following are laid down by decree in the Conseil d’Etat: 1° The procedures for submitting and examining applications for the creation, transfer and grouping of pharmacies, the rules for assessing priority rights and prior rights, and the minimum installation conditions that pharmacies must meet ; 2° (Paragraph deleted) ; 3° The conditions under which the holder of a pharmacy provided for in Article L. 5125-21 must be replaced by…