Question 42829 — pharmacy and medications

Summary

Mr. Florian Bachelier draws the attention of the Minister of Solidarity and Health to the management of stocks of medicines or medical devices as part of troubleshooting between health establishments. A widespread practice, this has been accentuated for several years by the increase in supply difficulties, more particularly in the context of the health crisis. Article L. 5126-8 of the public health code, which regulates this practice, stipulates that the ARS may authorize, for a limited period, pharmacies in public health establishments to "supply other pharmacies for indoor use when there is no other possible source of supply for a specific medicine or product" and to "sell at retail medicines that are out of stock or at risk of being out of stock whose sale to the public has been authorized by the National Safety Agency of medicine and health products pursuant to article L. 5121-30”. Added to this are European regulations which, since February 9, 2019, provide for the implementation of the serialization of medicines to secure the distribution chain in the European Union (commission delegated regulation (EU) 2016/161). This serialization consists of deactivating a drug upon receipt in a health establishment in order to ensure that it is not a falsified medicine. In practice, the supply of products between health establishments also extends to the sale of medicines and medical devices reaching their expiration date, but this retrocession is not regulated. The sale of medicines to another establishment is similar to the role of purchasing center or broker, the objective of the health establishment being to limit waste and losses. associated financial services. However, the current regulatory context does not encourage healthcare players to change their practices and limit waste whereas, as specified in the Commission's Delegated Regulation (EU) 2016/161, "it should be possible to reactivate a unique identifier which has been deactivated in order to avoid unnecessary waste of medicines". This is also the issue targeted by French pioneering e-health companies. who strive to improve the drug circuit through the development of inventory management platforms in hospital pharmacies. He therefore asks whether the Government plans to move in the direction of regulatory developments within this specific framework of near expiry dates in order to encourage health stakeholders to modify their practices and thus limit waste.

Machine translation from French. The official text remains authoritative.

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