Field of Healthcare (Heilmittelwerbegesetz – HWG), last amended on 20 System and their Employees were published in December reading of the proposal in November In the second part of .. Germany, the Remedies Advertising Act (Heilmittelwerbegesetz – HWG) were in line with the. Health on the Net Foundation. (accessed 9 June ). I S. ) vom 26 April Heilmittelwerbegesetz. [18] ICMJE.

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Advertising to healthcare professionals, including claims for use of a medicinal product, must contain the following mandatory information: Moreover, it is possible that competitors will contact enforcement functions to initiate an investigation in helimittelwerbegesetz to seeking incentive relief regarding deviant behaviour. What are the different categories of drugs for distribution?

Consultations with specialists do not have to be referred by GPs and patients can see different GPs. In principle, the rules noted in question 4.

Heilmittelwerbegesetz | Inside EU Life Sciences

Furthermore, advertising of prescription-only medicinal products to patients is prohibited Section 10, HWG. This legislation is meant to ‘create a new balance between innovation and affordability of medicines’, according to the Ministry of Health.

The Medical Association of Lower Saxony interprets this provision neilmittelwerbegesetz a very strict way. Section 74a of the German Drug Act Arzneimittelgesetz — AMG stipulates that any person who, as a pharmaceutical entrepreneur, places medicinal products on the market, shall appoint an information officer who is responsible for ensuring that the labelling, the package leaflets, the expert information and advertisements correspond with the content of the marketing authorisation.

Career advice No results were found. Finished medicinal products are not intermediate products intended for further processing by a manufacturer. However, a pharmaceutical company should act carefully when providing information on prescription-only medicinal products to the press. In addition, it would not be allowed to refer to a study on an off-label indication Section 3a, HWG.

Just recently, a Higher Regional Court considered the limit for gifts of minor value for the benefit of healthcare professionals to be below EUR 1. However, it can be argued that such rebates would be granted against the purpose of the AMPreisV view of the Federal Ministry of Health.

It is, however, acknowledged that a pharmaceutical company may reimburse conference fees, and reasonable travel and accommodation costs. As a general rule, the Professional Code for Physicians in Germany prohibits the acceptance of any gifts or benefits by physicians that might influence their prescribing, or therapeutic decisions, or which could be considered as a reward for such previous decisions. Who is authorised to distribute prescription drugs and over-the-counter drugs to consumers?


The government has been reluctant to allow healthcare staff from other EU members to practice in Germany but it has changed the rules of preference that jobs go to German nationals first and created a package to ‘attract foreign talent’. The number of medical samples is limited to two samples per year. The wording of the AMPreisV does not directly regulate these relationships.

Orphan drugs are excluded, as well as hospital-only drugs and those that have a limited budget impact on the SHI.

Distribution and marketing of drugs in Germany: overview

Federal higher state authorities are responsible for the supervision of distribution of drugs to consumers. Right after the enactment of the new anti-corruption helimittelwerbegesetz, it took the enforcement authorities some time to get themselves prepared and, in particular, sufficiently staffed for this new area of responsibility.

Under the equivalence principle, the fee paid by a pharmaceutical manufacturer for the service provided by a health care professional must correspond to the market value of the service. Out-of-pocket contributions are likely to increase, heilmittdlwerbegesetz treatments become more personalised and the private sector may take more patients who can afford total freedom and access to the latest therapies.

In addition to the abovementioned alternative prerequisites in i or iiit must make greater logistical sense to hold the event in another country. Heilmittelwerbegrsetz this regard, it has to be noted that the MedTech Europe Code of Ethical Business Practice contains a prohibition against the provision of direct conference support to participants who do not act as speakers.

The medicinal product can be legally placed on the market in the country of origin. However, in the case of severe infringements it is very likely that enforcement functions will be informed. The scope and frequency of the obligation depends on the circumstances of the individual case. The disclosure of the information shall be made on a publicly accessible website under the responsibility of heilmitteleerbegesetz company.

Apart from some restrictions, non-prescription medicines may be advertised to the general public.

Industry codes are not compulsory but serve as a means of interpretation for the courts when assessing whether a marketing activity infringes the applicable legal provisions. Opposition to these procedures is possible as well as an appeal to the administrative courts Verwaltungsgericht against heilmittelwerbdgesetz decisions of medical associations and associations of statutory health insurance registered doctors.

Compulsory insurance is paid for by joint contributions from employers and employees and negotiated in complex corporatist social bargaining at state level.


Institutions may be provided with such information so long as the rules noted in question 2. The rules apply to all heilmittelwerbegesefz companies of the FSA i. Furthermore, a German court decided that PMS-Studies are only permissible provided that pharmaceutical companies perform such studies in strict compliance with the principle of non-intervention, i.

In addition, the FSA-Code of Conduct Healthcare Professionals requires that the member companies of the FSA must also specify the date on which such information was granted or last revised. What are the restrictions that are imposed on relationship with patient organisations? A compensation for the active participation may only be paid on a contractual basis and may only be made if the active participation deals with products of the company or associated treatment forms.

Country report: The healthcare market in Germany – PMLiVE

If so, what limitations apply? In the case of non-compliance, penalties can be imprisonment for a term not exceeding three years or a fine. Under section 4 heilmithelwerbegesetz of the HWG, all marketing activities to consumers must include the following notice: The press can mention the generic name of the medicine, although this is also becoming more difficult, due beilmittelwerbegesetz changes affecting the media, both financial and in terms of content.

Publications relating to unauthorised medicines or to indications or pharmaceutical forms hheilmittelwerbegesetz are not covered by the marketing authorisation must not be of a promotional nature see question 2. Advertising for medicinal products does not need to be approved in general or in specific circumstances.

Today, biopharmaceutical sales account for 16 per cent of the German pharmaceutical market and are expected to grow up to 20 per cent by With the exception of the name and address of the pharmaceutical entrepreneur or the sponsor, as well as the name and the address of the consenting investigators, the report may not contain personal or especially patient-related data.

If so, is this obligation set out in the legislation or in a self-regulatory code 0210 practice? German law on advertising medicinal products does not foresee any specific regulation relating to refund schemes. The national drug budget of stipulated spending limits for outpatient prescription drugs.