What is the anti-corruption law
The Federal Council had decided not to involve the mediation committee, but made it clear in an accompanying resolution (Federal Council printed matter 181/16) that, from its point of view, new gaps in criminal liability were already emerging. According to the Bundesrat, the law in the version passed by the Bundestag aims exclusively at protecting against competition and not at the same time as protecting patients. In addition, the Chamber of States points out that the parliament's restriction of the law to the purchase and prescription of drugs and medicinal products as well as medical products means that "entire professional groups, especially pharmacists, fall out of the scope of the law ". In their resolution, the federal states therefore ask the federal government "to observe whether the above-described gaps in prosecution will occur in practice to an extent that is likely to impair the patient's trust in the health system". If this is the case, the law must be amended accordingly.
In the resolution recommendation of the leading Bundestag legal committee (Bundestag printed matter 18/8106), the legal politicians of the grand coalition agreed to delete, among other things, the reference to professional law; In the future, the decisive factor is whether competition law has been violated. In the case of pharmacists, only the prescription, but not the dispensing of drugs, remedies, aids or medical products can be the subject of a corresponding unlawful agreement. What is new is that the offenses will in future be considered official offenses, so that a criminal complaint is no longer necessary for the investigation authorities to act.
In its statement on the cabinet draft on September 25, 2015, the Federal Council demanded, among other things, that not only the health and long-term care insurance funds, but also the statutory accident and pension insurance, can report misconduct in the health care system. In addition, it should be made clear in the law that a criminally particularly serious case of misconduct also exists if the perpetrator exposes another person to the risk of considerable damage to health.
The law had become necessary because the Federal Court of Justice (BGH) ruled in March 2012 that, at the time, it was not illegal for resident doctors to accept gifts in return for prescribing medication.
To the overview of the current legislation
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