Decision of the LG Frankfurt: Patients can choose pharmacies!
Decision of the LG Frankfurt: Patients can choose pharmacies!
In a surprising decision, the Frankfurt am Main Regional Court rejected an injunction from the applicant that concerns the cooperation between a Berlin pharmacy and a British telemedicine platform. As Heise is about the question of being allowed to regulate their offers and services without violating the pharmacy law. This law stipulates that pharmacies are not allowed to make any agreements on the preferred delivery of certain medicines and the assignment of prescriptions.The background of the procedure is an application for a telemedical platform against the Berlin pharmacy, which wants to offer its customers a "premium service". This includes the delivery of medication at a total price, which automatically selected the Berlin pharmacy for test purchases. However, patients also have the option of choosing a “standard service” in which they can select a pharmacy from a list of cooperation partners. However, the court found that the options are not free of discrimination and that patients may gain the impression that their chosen pharmacy could reject orders.
legal situation and judicial decisions
The district court argued that there was no violation of the pharmacy law because patients can choose between the "premium service" and an "electronic recipe (without medication)". These options do not have to be free of discrimination, which the applicant considered illegal. The court also referred to an earlier decision by the Hamburg Regional Court, which had dealt with a similar case and illuminated the circumstances of a violation of the pharmacy law in this context.
In addition to this legal context, the pharmacy-Umschau is in the context of the reforms in the healthcare system. Digitization of the healthcare system ”. From the end of March 2024, pharmacies will be able to offer services in the field of telemedicine, which could open a new chapter in the care of patients. The pharmacies will not only advise you in the future, but also carry out simple medical routine tasks.
focus on economic independence
An essential point in the current legal situation is the economic independence of the pharmacies. The plaintiff pointed out that the preference of the premium model is legally non-durable. At the same time, the Court of Appeal emphasizes the need to ensure independent freedom of choice by the pharmacies, which is supported by a clear interpretation of Section 11 (1) of the Pharmacy Act. The legal situation and the upcoming changes by the Digital Act show that there are numerous challenges and opportunities for both pharmacists and patients.
While pharmacists are required to implement the new digital possibilities, it remains to be seen how the situation about telemedicine and the collaborations between pharmacies and platforms will continue to develop. However, it is clear that patients can benefit from a wider range of offers in the future if the associated regulations are successfully implemented into practice.
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| Ort | Frankfurt am Main, Deutschland |
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