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Art. 26 Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Principle of prescription, dispensing and application

TPA; Chapter 2 Medicinal Products
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The recognised rules of pharmaceutical and medical sciences must be respected when prescribing, dispensing and using medicinal products, and the principles of the corresponding therapy approach must be respected when prescribing, dispensing and using complementary medicines without indications . The Federal Council may specify these rules in more detail. {note: Amended by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} A medicinal product may only be prescribed if the state of health of the consumer or patient is known. The following principles and minimum requirements must be observed for the prescription of medicinal products: a. The prescription meets the minimal requirements set by the Federal Council following consultations with the medical professions concerned. b. The prescription shall become the property of the person for whom it was issued. The person should remain free to decide whether to receive the prescribed product or to obtain a second opinion and to determine with which authorised provider they want to redeem the prescription. In the case of electronic prescriptions, the choice of provider should not be restricted by technical obstacles. {note: Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2019, let. a in force since 1 Jan. 2020 ( AS 2017 2745, 2018 3575; BBl 2013 1).} The prescriber shall not influence patients in the choice of the person who supplies them with the medicinal products if he or she derives a material benefit from doing so. The Federal Council may provide for exceptions. {note: Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).} Before a prescription-only medicinal product for human use is dispensed, a person authorised to prescribe and dispense the product must in principle issue a prescription to the patient. The patient may decline to accept the prescription. {note: Inserted by No I of the FA of 18 March 2016, in force since 1 Jan. 2019 ( AS 2017 2745, 2018 3575; BBl 2013 1).}

Art. 26 TPA · Principle of prescription, dispensing and application

The recognised rules of pharmaceutical and medical sciences must be respected when prescribing, dispensing and using medicinal products, and the principles of the corresponding therapy approach must be respected when prescribing, dispensing and using complementary medicines without indications . The Federal Council may specify these rules in more detail.

A medicinal product may only be prescribed if the state of health of the consumer or patient is known.

The following principles and minimum requirements must be observed for the prescription of medicinal products: a. The prescription meets the minimal requirements set by the Federal Council following consultations with the medical professions concerned. b. The prescription shall become the property of the person for whom it was issued. The person should remain free to decide whether to receive the prescribed product or to obtain a second opinion and to determine with which authorised provider they want to redeem the prescription. In the case of electronic prescriptions, the choice of provider should not be restricted by technical obstacles.

The prescriber shall not influence patients in the choice of the person who supplies them with the medicinal products if he or she derives a material benefit from doing so. The Federal Council may provide for exceptions.

Before a prescription-only medicinal product for human use is dispensed, a person authorised to prescribe and dispense the product must in principle issue a prescription to the patient. The patient may decline to accept the prescription.

← Art. 25 TPA Federal Act of 15 December 2000 on Medicinal Products and Medical Devices (TPA) - Purpose Art. 27 TPA →

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Court Decisions Applying This Provision (16)

2023.12.19.sr.1 · bl (Art. 26 Abs. 2 HMG)
Narcotics Act Case Discontinued Due to Procedural Limitations
Cited in the first instance judgment regarding the conviction for violation of the HMG.
SG.2019.7 · bs (Art. 26 Abs. 1 HMG)
Aseptic Compounding Fees for Cytostatics vs. Principle of Economy
Cited in the reasoning (point 4.4.2 and 5.2.1) as the rule requiring adherence to recognized rules of medical and pharmaceutical sciences when prescribing, dispensing, or applying medicines.
460.20.23 · bl (Art. 26 Abs. 2 HMG)
Suicide Capacity and Reckless Harm Ruling
Used to acquit the defendant of the charge of prescribing a medicinal product without knowledge of the patient's health status, as the court found no concrete endangerment.
SK1 2018 23 · gr (Art. 26 HMG i.V.m. Art. 87 Abs. 1 lit. f HMG)
Medical Practitioner Self-Dispensing Violations Appeal
The appellant was convicted of repeated violation of Art. 26 HMG in connection with Art. 87 para. 1 lit. f HMG.
VB.2014.00340 · zh (Art. 26 Abs. I HMG)
Mail-Order Pharmacy Prescription Requirement Affirmation
This provision, concerning the sale of medicinal products, is implicitly applied as a basis for the ruling on ordering conditions.
VB.2014.00340 · zh (Art. 26 Abs. II HMG)
Mail-Order Pharmacy Prescription Requirement Affirmation
This provision, concerning the sale of medicinal products, is implicitly applied as a basis for the ruling on ordering conditions.
VB.2014.00123 · zh (Art. 26 HMG)
Pharmacy Narcotics Confiscation Upheld Due to Multiple Violations
This provision was applied to assess the general duty of care in handling medicines.
CPEN.2013.75 · ne (Art. 26 LPTh)
Physician Prescription Conviction Overturned on Grounds of Patient Autonomy and Urgent Known Health Status
This provision regulated the duty of diligence concerning the prescription of medication, which was the main subject of the criminal charge, and the court ultimately found no violation.
VB.2013.00698 · zh (Art. 26 HMG)
Physician Sanction Upheld for Inadequate Capacity Assessment Before Prescribing Lethal Drug
This provision of the Health Act is listed among the legal norms cited in the decision.
POL.2011.256 · ne (art. 26 LPTh)
Physician Liability for Prescription Based on Unvalidated Anamnesis in Assisted Suicide Case
The defendant was found guilty of violating this article concerning the duty to respect recognized rules of pharmaceutical and medical sciences when prescribing medication.
VWBES.2011.271 · so (Art. 26 f. HMG)
Physician Fine Upheld for Unexamined Prescribing of Controlled Substances
These provisions regarding the need to observe recognized medical rules and to know the patient's health status were cited as grounds for finding a breach of professional duties.
WBE.2009.419 · ag (Art. 26 Abs. 1 HMG)
Commuting Time and Childcare Expenses in Social Assistance
States the principle that recognized rules of medical and pharmaceutical science must be followed when prescribing and dispensing medicines.
VB.2009.00298 · zh (Art. 26 HMG)
Assisted Suicide Drug Dispensing Denial Upheld
The court refers to this article regarding the scope of the law in its substantive reasoning which leads to the final decision.
VB.2009.00298 · zh (Art. 26 HMG)
Right to Die vs. Prescription Requirement for Controlled Substance
The court cited this provision in relation to the dispensing of prescription drugs.
VB.2014.00340 · zh (Art. 26 Abs. I HMG)
Mail-Order Pharmacy Online Prescription Requirement Upheld
This provision is cited in the context of the regulatory framework applicable to dispensing categories, which is implicitly the basis for the upheld order.