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However, with
1 January 2012, subject to the adoption these clear inadequacies, Frances lawmakers
of subsequent complementary and decided to turn up the heat even further,
interpretative regulations. with tougher requirements now set to
On 21 May 2013 (yes, 18 months after the beimposed.
Bertrand Law was implemented!), the On 26 January 2016, as per the
main application decree was adopted requirements of the French Conseil dEtat,
and informed healthcare companies who chastised the government for the lack
that on 1 June 2013, companies needed of transparency of the initial system, a new
to disclose on their websites, and on the law on the modernization of the healthcare
websites of the relevant professional system pushed for full transparency of the
medical boards, all advantages over interactions between the industry and the
10 given to, and contracts entered into, healthcare providers.
with healthcare providers licensed in In terms of the main changes, this means
France since 1 January 2012 (yes, going the following:
retroactively by 18 months as the decree I. On the transparency system whereby
could not technically overcome the agreements and advantages over 10
legislatively imposed effective date of the are being publicly disclosed on the
obligation). transparence.sante.gouv.fr website:
Finally, a public website was created, Both the amount of the contracts and the
and companies got into the rhythm of remuneration paid to each healthcare
making the necessary disclosures, and provider (which could mean two new
that, it seemed, was that. entries for companies to implement in
their reporting systems) will now have to
On the positive side, we had a website be disclosed as of 1 September 2017.
(though largely unknown to the French II. On what is usually called the anti-gift
population) in France where you could law, which provides a general principle
see how often your GP eats lunch with the of prohibition of any advantage given to
pharmaceutical or medical device industry. most healthcare providers:
You could also see what contracts they have A. Extension of the scope of the
in place with the healthcare industry. general principle of prohibition
However, you were unable to determine ofadvantages.
how much was paid by the company to The new law entails a drastic
Compliance & Ethics ProfessionalSeptember 2017
the doctor under the contract. Companies widening of the scope of the
were not compelled to disclose that aspect pre-existing general principle
of the contract. This meant that although of prohibition of advantages to
you would know the price of the breakfast French healthcare providers, and
offered to Dr. Duchemin by Laboratoire inparticular:
LaScience to discuss their new consulting Extension of the principle of
agreement, you would not know how much prohibition of advantages to
was paid under thatcontract. healthcare companies, even if
Now, one could have thought that was their drug or medical device is
sufficient improvement by the so-called low not reimbursed by the French
anti-corruption French standards and that social security, whereas up until
CELEBRATE CORPORATE COMPLIANCE & ETHICS WEEK CELEBRATE CORPORATE COMPLIANCE & ETHICS WEEK CELEBRATE CORPORATE COMPLIANCE & ETHICS WEEK CELEBRATE CORPORATE COMPLIANCE & ETHICS WEEK
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