French Business Law - French Legislation

Article L5125-20 of the French Public Health Code

November 6, 2023

Subject to the provisions of Article L. 5125-4, applications for authorisation to merge have priority over applications to transfer. Applications for transfer authorisations are given priority over applications for new pharmacies. For the opening of a pharmacy in a new commune or in communes mentioned in article L. 5125-6-1, priority is given, in compliance with article L. 5125-3 and the first paragraph of this article, to applications submitted by pharmacies…

Article L5125-21 of the French Public Health Code

November 6, 2023

The licence may not be transferred by its holder(s) independently of the business to which it relates. A pharmacy may be transferred in the course of receivership or compulsory liquidation proceedings. The licence is considered to have lapsed as from the date of the judgment closing the business on the grounds of insufficient assets or, as the case may be, the discharge of liabilities.

Article L5125-22 of the French Public Health Code

November 6, 2023

In the event of the permanent cessation of activity of the pharmacy, its proprietor, or in the event of his death his heirs, shall declare this cessation to the Director General of the Regional Health Agency. If it is not declared, the cessation of activity is deemed to be definitive if no activity has been recorded for twelve consecutive months. The Director General of the Regional Health Agency shall record…

Article L5125-23 of the French Public Health Code

November 6, 2023

I.-Pharmacists may only dispense a medicinal product or product other than that which has been prescribed, or which has a non-proprietary name other than the prescribed non-proprietary name, with the express prior agreement of the prescriber, except in an emergency and in the interests of the patient. II – If the prescription under a non-proprietary name can be fulfilled by dispensing a medicinal product included in a generic or hybrid…

Article L5125-23-1 of the French Public Health Code

November 6, 2023

In the context of chronic treatment, in exceptional circumstances and subject to informing the prescribing doctor, when the period of validity of a renewable prescription has expired and in order to avoid any interruption of treatment detrimental to the patient’s health, the pharmacist may dispense the medicinal products and medical devices necessary for the continuation of treatment, within the limits of the dosage initially laid down, for up to three…

Article L5125-23-2 of the French Public Health Code

November 6, 2023

By way of derogation from I of article L. 5125-23, the pharmacist may dispense, by way of substitution for the biological medicinal product prescribed, a similar biological medicinal product where the following conditions are met: 1° The similar biological medicinal product dispensed belongs to the same similar biological group, within the meaning of b of 15° of article L. 5121-1, as the biological medicinal product prescribed; 2° This similar biological…

Article L5125-23-3 of the French Public Health Code

November 6, 2023

By way of derogation from I of Article L. 5125-23, the pharmacist may dispense a comparable product by way of substitution for the product prescribed if the following conditions are met: 1° This product appears on a list, accompanied, where applicable, by conditions for substitution and information for the prescriber and the patient on the occasion of this substitution, set by a joint order of the ministers responsible for health…

Article L5125-24 of the French Public Health Code

November 6, 2023

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.

Article L5125-25 of the French Public Health Code

November 6, 2023

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…

Article L5125-26 of the French Public Health Code

November 6, 2023

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.

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Legislative part

Article L5125-20 of the French Public Health Code

Article L5125-21 of the French Public Health Code

Article L5125-22 of the French Public Health Code

Article L5125-23 of the French Public Health Code

Article L5125-23-1 of the French Public Health Code

Article L5125-23-2 of the French Public Health Code

Article L5125-23-3 of the French Public Health Code

Article L5125-24 of the French Public Health Code

Article L5125-25 of the French Public Health Code

Article L5125-26 of the French Public Health Code

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Legislative part

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