French health industry, agreements and gifts

In France, two sets of rules apply to the enterprises operating in the medical sector when dealing with health professionals, their organisations and healthcare institutions. The first rules are those of the Anti-Gift/Anti-Bribery Act, introduced in 1993 and recently reinforced by a law voted on 29 December 2011. The Anti-Gift Act is codified by Articles L. 4113-6, R. 4113-104 et.seq. of the French Public Health Code. The second rules are those of the Sunshine Act, introduced by the law of 29 December 2011. The Sunshine Act is codified by Articles L. 1453-1, R. 1453-2 et.seq. and D. 1453-1 of the French Public Health Code.

As a general rule, both the Sunshine Act and the Anti-Gift Act are designed to control (i) the agreements that are concluded between the industry, on one side, and health professionals and their organisations, on the other side, and (ii) the advantages that the latter might receive.

A recent administrative decree enacted on 21 May 2013 introduces the implementation measures necessary for the enforcement of the law of 29 December 2011. In addition, an administrative circular enacted on 29 May 2013 by the French Health Ministry specifies the implementation measures of the decree of 21 May 2013…

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