I.-Prior to the opening of the pharmaceutical file provided for in Article L. 1111-23, the Conseil national de l’ordre des pharmaciens shall individually inform the beneficiary of the health insurance scheme of the purposes of this file, its content, the procedures for its operation and closure, the rights available to its holder pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the procedures for exercising and the effects of the right to object to this opening.
Individual information is provided by means of an electronic message sent by the Conseil national de l’ordre des pharmaciens to an address declared by the health insurance beneficiary to a dispensing pharmacist.
If no electronic address is available or if the electronic message cannot be sent, an information letter from the Conseil national de l’ordre des pharmaciens will be sent to the beneficiary by a dispensing pharmacist.
II – Beneficiaries of health insurance may object to the opening of a pharmaceutical record within a period of six weeks from the date on which the information provided for in I is actually delivered. This right to object can be exercised online via the Conseil national de l’ordre des pharmaciens portal or by post.
If the right to object is exercised, the Conseil national de l’ordre des pharmaciens will notify the beneficiary of the health insurance scheme that his objection to the opening of the pharmaceutical record has been taken into account. In this case, the pharmaceutical record will not be opened.
Sickness insurance beneficiaries may at any time reverse their decision and request that a pharmaceutical record be opened by the Conseil national de l’ordre des pharmaciens.
III -Where the beneficiary of health insurance is an unemancipated minor or an adult subject to a legal protection measure with representation relating to the person, the information provided for in I is given to the legal representative or to the person responsible for exercising the measure, who may exercise the right to object to the opening of the file provided for in II or request, after exercising this right, that the pharmaceutical file be opened.
Beneficiaries of health insurance whose pharmaceutical record has not been opened during their minority are informed, when they come of age, that their pharmaceutical record will automatically be opened unless they object. This individual information is provided in accordance with the procedures set out in I and the right to object to the opening of the file is exercised in accordance with the procedures set out in II of this article.
IV -On expiry of a period of six weeks from the date on which the information provided for in I is actually delivered, and unless the person objects within this period, the Conseil national de l’ordre des pharmaciens will open the pharmaceutical record of the beneficiary of the health insurance scheme on the basis of the data referenced by his or her national health identifier referred to in article L. 1111-8-1.
If the opening of the pharmaceutical record is delayed due to technical difficulties, the Conseil national de l’ordre des pharmaciens will inform the person concerned without delay.