what does the “anti-gift” law say governing the benefits received by healthcare professionals?

In an investigation, Mediapart claims that the new Minister of Health, as a pharmacist, received the equivalent of 20,000 euros in gifts from Urgo laboratories.

Gifts at the heart of the matter. The new interim Minister of Health, Agnès Firmin Le Bodo, confirmed on Friday, December 22, that she was the subject of an investigation as part of her former activity as a pharmacist.

This announcement comes after revelations from Mediapart according to which the minister received undeclared gifts from Urgo laboratories between 2015 and 2020. The information site claims that Agnès Firmin Le Bodo received a total of the equivalent of 20 000 euros in gifts, including bottles of champagne and watches.

However, gifts from laboratories to professionals in the sector are strictly regulated. The so-called “anti-gifts” law adopted in 1993, and reinforced by the order of January 19, 2017, prohibits health professionals from receiving benefits from manufacturers.

Pharmacists cannot “receive benefits in kind, or in cash, in any form whatsoever, directly or indirectly, provided by companies providing health services, producing or marketing health products (with the exception of cosmetics and tattooing) or providing health benefits”can we read on the website of the National Order of Pharmacists.

Possible exemptions

Exemptions exist for gifts of a “negligible value”, such as office supplies up to 20 euros per year, or up to 150 euros of books and magazines related to the beneficiary’s profession each year. Furthermore, certain specific situations also open up the possibility of receiving benefits. This concerns in particular remuneration for research activities, donations intended for professional associations, or even the payment of travel costs to attend a medical or scientific congress for example, details the National Order of Pharmacists.

These benefits, granted on an exceptional basis, must be the subject of an agreement signed between the healthcare professional and the company. “Depending on the amount, the agreement will be transmitted to the Order and subject to declaration or authorization.”adds the National Order of Pharmacists. The declarations can be consulted on the government Transparency-Santé platform.

Questioned on Friday by France Bleu Normandie on this matter, the minister simply confirmed that she was the subject of an investigation and did not give further details. She intends to respond to “competent authorities in the following days”.