North Rhine Chamber of Pharmacists
Dusseldorf, Karlsruhe, Munster (ots)
Federal Court of Justice confirms decision against the shop pharmacy because of the application of treatments by questionnaire – decision with a great signal effect
In the dispute over online platforms, on which one can obtain a doctor’s prescription for medicines after filling out questionnaires, the pharmacists’ chambers in North Rhine-Westphalia are happy about a decision with a significant signal effect. The Federal Court of Justice (BGH) has confirmed the conviction of the shop pharmacy obtained by the North Rhine and Westphalia-Lippe Chambers of Pharmacists by the judgment of the Cologne Higher Regional Court of June 10 last year (GRUR 2022, 1353) and the non-admission complaint raised in this respect by decision of June 9. February 2023 (I ZR 114/22) rejected.
The subject of the dispute was originally the advertising of the Dutch shop pharmacy for its cooperation with the UK-based telemedicine provider Zava, which works with Irish doctors. Patients could choose from several indications and, after answering an online questionnaire, had a private prescription issued by the doctors associated with Zava, which could then be redeemed directly at the shop pharmacy. The chambers saw this as a violation of Section 11 of the Pharmacy Act (ApoG) and an inadmissible application for remote treatment under Section 9 of the Medicines Advertising Act (HWG) using an online questionnaire. In addition, various misleading aspects were addressed.
After the Cologne Regional Court had upheld the lawsuit except for one misleading aspect, and in particular saw the presentation of the cooperation as a violation of the prohibition on allocation under Section 11 ApoG, the shop pharmacy had to do with the advertising for remote treatment and the lack of information about the foreign headquarters of the telemedicine provider appealed against the verdict. The Cologne Higher Regional Court rejected the appeal. The BGH has now confirmed this rejection.
“Business models that abuse the advantages of telemedicine in such a way that patients obtain a prescription simply by filling out questionnaires have long been a thorn in our side,” says Dr. Armin Hoffmann, President of the North Rhine Chamber of Pharmacists. “We are consistently countering this in order to protect patients,” adds Gabriele Regina Overwiening, President of the Westphalia-Lippe Chamber of Pharmacists.
Platforms on the Internet that undermine trust in proper healthcare in Germany have had a harder time since today. It may seem surprising at first glance that the pharmacists’ chambers are also concerned with the question of which medical standards must be observed for telemedicine services. However, since the business model that was taken up advertised with the purchase of medicines and the purchase of the medicine was therefore in the foreground, while the prescription was simply delivered as a “necessary evil”, the chambers felt compelled to take up this form of purchasing medicines legally.
“We must protect our chamber members and pharmacy teams from being presented with prescriptions that are the result of questionable telemedicine services that do not meet recognized medical standards,” said Dr. Bettina Mecking, legal advisor to the North Rhine Chamber of Pharmacists. “Again and again we are confronted by our chamber members with the question of how to deal with these prescriptions. If there are considerable doubts about the correctness of the prescription, we cannot expect the pharmacists and PTA to issue the medicines here.”
Nevertheless, this is a difficult situation for the teams in the pharmacies, as they are also fundamentally subject to the obligation to contract,” adds Sören Cromberg, legal advisor to the Westphalia-Lippe Chamber of Pharmacists. “Our aim is to further tighten the legal requirements so that our chamber members can and their employees can protect themselves from prescriptions of this kind and not be exposed to the risk of violating pharmaceutical laws in these cases by dispensing medicines.”
The Chambers see the BGH’s confirmation of the Cologne Higher Regional Court’s decision as a confirmation that other such concepts should also be effectively prevented. The solidarity with the doctors is of great importance, since it is not in their interest that personal contact with the patient gradually disappears as a result of such business models. It makes sense to counter these undesirable developments together.
According to the chambers, personal contact, whether in the doctor’s practice or in the pharmacy, is still the gold standard, which may be supplemented at one point or another by alternative service offers, but not displaced.
About us: North Rhine Chamber of Pharmacists
The North Rhine Chamber of Pharmacists (AKNR) is a corporation under public law and is responsible for the professional self-government of pharmacists who work or live in the administrative districts of Cologne and Düsseldorf. It represents the interests of more than 11,800 chamber members who work in public pharmacies, hospitals, science, industry and administration or in the German armed forces. The on-site pharmacy takes on a sovereign task: providing people with medicines and medical aids close to where they live, 365 days a year, around the clock, safely and supported by the medical profession.
About us: Westphalia-Lippe Chamber of Pharmacists
The Westphalia-Lippe Chamber of Pharmacists is the professional representation of the 8,082 pharmacists in the state, 5,556 of whom are active in professional life (about 85 percent in public pharmacies, but also in hospital pharmacies, business and administration). There are currently 1,760 pharmacies in Westphalia-Lippe, fewer than in almost 55 years. The Westphalian-Lippe pharmacies currently offer almost 17,000 jobs.
Press contact:
North Rhine Chamber of Pharmacists
Public corporation
Poststrasse 4
40213 Dusseldorf
contact person
Jens A. Kromer
Head of Press and Public Relations
Tel. 0211 8388-119
Fax 0211 8388-299
[email protected]
Chamber of Pharmacists Westphalia-Lippe
Public corporation
Bismarckallee 25
48151 Munster
contact person
Michael Smith
Director of Communications,
IT and new media
Tel. 0251 52005-40
Fax 0251 52005-93
[email protected]
Original content from: Apothekerkammer Nordrhein, transmitted by news aktuell
