The purchase, supply, assumption of responsibility and use by public authorities of medicinal products defined in articles L. 5121-8, L. 5121-9-1, L. 5121-13 and L. 5121-14-1 or benefiting from a parallel import authorisation pursuant to article L. 5124-13 or being the subject of parallel distribution within the meaning of article L. 5124-13-2 are limited, under the conditions specific to these medicinal products set by the decree referred to in article L. 162-17 of the Social Security Code, to approved products on a list drawn up by order of the ministers responsible for health and social security. This list specifies the only therapeutic indications for which medicinal products may be reimbursed.
Medicinal products which, in a given indication, are covered by the early access authorisations mentioned in article L. 5121-12 or by the system relating to continuity of treatment initiated in this respect in application of article L. 162-16-5-4 of the Social Security Code, or by the compassionate prescription authorisations or frameworks mentioned in article L. 5121-12-1 of the present code or the system relating to the continuity of treatments initiated on this basis in application of VI of article L. 162-16-5-2 of the social security code, medicinal products authorised as advanced therapy medicinal products prepared on an ad hoc basis mentioned in 17° of article L. 5121-1 of this code as well as those which are the subject, in combination, in a given indication, of an authorisation in application of article L. 162-18-1 of the social security code and those benefiting from an import authorisation issued in application of article L. 5124-13 of this code in the context of a stock shortage, a risk of a stock shortage or a cessation of marketing may be purchased, supplied, paid for and used by public authorities without appearing on the list mentioned in the first paragraph of this article.
Any application for inclusion on the list referred to in the same first paragraph of a medicinal product defined in articles L. 5121-8 and L. 5121-9-1 or benefiting from a parallel import authorisation pursuant to article L. 5124-13 which has not been classified in the category of medicinal products reserved for hospital use is only admissible if it is accompanied by an application for inclusion of the said medicinal product on the list referred to in the first paragraph of article L. 162-17 of the Social Security Code. The present paragraph does not apply to vaccines for which use is reserved, required or recommended for certain journeys, or to medicinal products included, by virtue of their marketing authorisation, on the list mentioned in 1° of article L. 5126-6 of the Public Health Code.
The inclusion of a medicinal product on the list referred to in the first paragraph of this article may, in the light of the quality and safety requirements for care involving this medicinal product, set out, where applicable, by the committee provided for in article L. 5123-3, be subject to conditions concerning the qualifications or competence of prescribers, the technical environment or the organisation of this care and a system for monitoring patients treated.