Key Benefits:
Publics concerned: insured with compulsory and complementary health insurance plans, pharmacy of offence, pharmacy for domestic use, manufacturing pharmaceuticals, depositaries and wholesalers-repartners.
Subject: removal of the pharmaceutical vignette.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of this decree is to draw the consequences of the removal of the pharmaceutical vignette, on the one hand, by removing the mention of the pharmaceutical vignette and the requirement to indicate the price and conditions of treatment on the packaging of the medicines and, on the other hand, by fixing time limits for the flow of stock in wholesalers-retributors and pharmacists of officin, in the case of change of prices
References: the provisions of Social Security Code and Public Health Code These Orders are repealed or amended by the following Orders: Légifrance (http://www.legifrance.gouv.fr). This decree is taken for the application of Articles L. 162-16-4, L. 161-36 and L. 162-38 of the Social Security Code and L. 5121-20 of the Public Health Code.
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le Public Health Codeincluding article L. 5121-20;
Vu le Social Security Codeincluding articles L. 161-36, L. 162-16-4 and L. 162-38;
Considering the advice of the Central Board of Directors of the Agricultural Social Mutuality dated 11 June 2014;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 17 June 2014;
Considering the referral of the Regional Council of La Réunion dated 16 June 2014;
Considering the referral of the General Council of La Réunion dated 16 June 2014;
Considering the referral of the Martinique Regional Council dated 16 June 2014;
Considering the referral of Martinique's General Council dated 16 June 2014;
Considering the referral of the regional council of Guadeloupe dated 17 June 2014;
Considering the referral of the general council of Guadeloupe dated 17 June 2014;
Considering the referral of the Guyane Regional Council dated 17 June 2014;
Considering the referral of the General Council of Guyana dated 17 June 2014;
Considering the referral of the Industrial Accidents and Occupational Diseases Commission dated 23 May 2014;
Having regard to the referral of the Board of the National Health Insurance Union dated 23 May 2014;
The State Council (Social Section) heard,
Decrete:
The Social Security Code is thus amended:
1° Articles R. 161-50 and R. 161-51 are repealed;
2° The last paragraph of Article R. 162-1-7 is deleted;
3° In section 1 of chapter III of title VI of Book I of the Social Security Code, after article R. 163-11, an article R. 163-11-1 is inserted as follows:
"Art. R. 163-11-1. - I. - Where the non-tax manufacturer price of a repayable pharmaceutical specialty is amended, pharmaceutical establishments that sell wholesale to the pharmacist of officion may continue to market the units of this specialty at their previous non-tax manufacturer price to which the margin referred to in section L. 162-38, calculated on the basis of the previous non-tax manufacturer price, for a transitional period of twenty days from the date of application.
"This duration is extended to sixty days in the following overseas communities: Guadeloupe, Guyana, Martinique, La Réunion, Saint-Martin and Saint-Barthélemy.
“II. - When the non-tax manufacturer price of a repayable pharmaceutical specialty is modified, officin pharmacists may continue to market the units of this specialty at their selling price to the previous public for a transitional period of fifty days from the date of application of this price change.
"When the price non-tax manufacturer of a generic repayable reference specialty is modified, officin pharmacists may continue to market the generic specialty units listed in the same generic group at their previous price for a transitional period of fifty days from the date of application of this price change.
"When a generic group's repayable reference specialty is removed from the list referred to in the first paragraph of section L. 162-17, officin pharmacists may continue to market the generic repayable specialty units listed in the same generic group at their previous price for a transitional period of fifty days from the date of application of this delisting.
"In the fifty-day transitional period referred to in the three preceding paragraphs, units issued at previous prices may continue to be supported or reimbursed.
"The fifty-day transitional period mentioned in the first three paragraphs of this II is extended to ninety days in the following overseas communities: Guadeloupe, Guyana, Martinique, La Réunion, Saint-Martin and Saint-Barthélemy.
"III. - When creating or amending a flat rate of liability referred to in Article L. 162-16, the specialties of the generic group concerned listed in the first paragraph of Article L. 162-17 may continue to be borne at their earlier price or tariff for a transitional period of fifty days from the date of application of the creation or modification of the tariff.
"This period is extended to ninety days in the following overseas communities: Guadeloupe, Guyane, Martinique, La Réunion, Saint-Martin and Saint-Barthélemy. »
The Public Health Code is amended to read:
1° Section R. 5121-137 is repealed;
2° Section R. 5121-138 is amended as follows:
(a) At 4°, the words "and which are mentioned in the good labelling practices provided for in Article R. 5121-137" are deleted;
(b) 15° and 16° are repealed;
3° The 13th and 14th of Article R. 5121-146 are repealed;
4° In c of 3° of Article R. 5121-149, the words: "and which are defined by the good labelling practices provided for in Article R. 5121-137" are deleted;
5° In article D. 5134-3, the words: ", on which the thumbnail of the box is glued" are deleted.
The provisions of Article 1(3) shall apply to price changes that take effect after the date of entry into force of this Order.
The Minister of Social Affairs and Health and the Minister of Overseas are responsible, each with respect to it, for the execution of this Order, to be published in the Official Journal of the French Republic.
Done on August 21, 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs and Health,
Marisol Touraine
Minister of Overseas,
George Pau-Langevin
