Exceptional additional dispensing by the pharmacist

Decree No. 2024-1070 of November 26, 2024, relating to the exceptional additional dispensation of medicines and medical devices as part of chronic treatment, entered into force on November 27.

This decree, taken in application of article 15 of law no. 2023-379 of May 19, 2023 improving access to care through trust in health professionals, now allows the pharmacist to renew, on an exceptional basis , chronic treatment in the month following the expiration of the prescription by delivering the drugs or medical devices in successive periods of one month and within the limit of three months.

Furthermore, this decree provides that the pharmacist “informs the prescribing doctor of the dispensation as soon as possible and by secure messaging meeting the conditions provided for in article L. 1470-5 or, failing that, by any other means guaranteeing the confidentiality of the information”.

In view of these new provisions, the National Council wishes to draw the attention of doctors to the following elements:

• The pharmacist intervenes outside the framework of a care team coordinated by the doctor and any organizational protocol;
• Therefore, the pharmacist who provides the doctor with information a posteriori on the exceptional additional dispensing will engage his sole responsibility towards the patient and the information provided to the doctor a posteriori will not be likely to alleviate it;
• The National Council considers that the renewal of the medical prescription, the duration of which has been set by the doctor, is the moment of reassessment of the patient’s state of health;
• The National Council recalls that medical prescription, renewal of treatment, as well as its adaptation, fall within the competence of the doctor. The National Council therefore invited the public authorities to evaluate the system to ensure its implementation on an exceptional basis.