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Decision of the LG Frankfurt: Patients are allowed to choose pharmacies!
The LG Frankfurt am Main judges the choice of pharmacy for telemedicine offers and emphasizes patient rights in the supply of medicines.
Decision of the LG Frankfurt: Patients are allowed to choose pharmacies!
In a surprising decision, the Frankfurt am Main regional court rejected an interim injunction from the applicant concerning the cooperation between a Berlin pharmacy and a British telemedicine platform. How Heise reports, the question is to what extent pharmacies are allowed to regulate their offerings and services without violating the Pharmacy Act. This law stipulates that pharmacies are not allowed to enter into agreements regarding the preferential delivery of certain medicines and the allocation of prescriptions.
The background to the proceedings is an application by a telemedicine 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 means that the Berlin pharmacy was automatically selected for test purchases. However, patients also have the option of choosing between a “standard service” where they can select a pharmacy from a list of cooperation partners. However, the court noted that the choices are not free of discrimination and patients may be under the impression that their chosen pharmacy may refuse orders.
Legal situation and court decisions
The regional court argued that there was no violation of the Pharmacy Act because patients can choose between the “premium service” and an “electronic prescription (without medication)”. These choices do not have to be non-discriminatory, which the plaintiff considered to be unlawful. The court also referred to an earlier decision by the Hamburg Regional Court, which dealt with a similar case, and once again examined the circumstances of a violation of the Pharmacy Act in this context.
In addition to this legal context, as part of the health care reforms Pharmacy survey According to the introduction of the “Law to accelerate the digitalization of the healthcare system”. From the end of March 2024, pharmacies will be able to offer telemedicine services, which could open a new chapter in patient care. In the future, pharmacies will not only be able to provide advice, but also carry out simple routine medical tasks.
Focus on economic independence
A key point in the current legal situation is the economic independence of pharmacies. The plaintiff pointed out that the preference for the premium model is not legally tenable. At the same time, the appeal court emphasizes the need to ensure independent decision-making freedom for pharmacies, which is supported by a clear interpretation of Section 11 Paragraph 1 of the Pharmacy Act. The legal situation and the upcoming changes due to the Digital Act show that there are numerous challenges and opportunities for both pharmacists and patients.
While pharmacists are required to have a good knack for implementing the new digital possibilities, it remains to be seen how the situation surrounding telemedicine and cooperation between pharmacies and platforms will develop. However, it is clear that patients will be able to benefit from a broader range of offers in the future if the associated regulations are successfully implemented in practice.