English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 3 Advantages of modest value
1 Advantages of modest value under Article 55 paragraph 2 letter a TPA that are permitted are advantages given to professionals that have a maximum total value of 300 francs per professional per year that are of relevance to medical or pharmaceutical practice. 2 An advantage is of relevance to medical or pharmaceutical practice if it is directly connected with the practice of the profession by the professional or of direct benefit to the professional’s customers. 3 Competition winnings and prizes are only permitted if: a. they constitute an advantage of modest value and of relevance to medical or pharmaceutical practice; b. the competition is directed exclusively towards the addressees of specialist advertising as defined in Article 3 of the Medicinal Products Advertising Ordinance of 17 October 2001 (MPAO); and c. participation in the competition is not conditional on purchasing prescription-only medicinal products.
Para. 3 let. b — SR 812.212.5
Art. 4 Support for research, teaching and infrastructure
Contributions that are permitted as support given to organisations for research, teaching and infrastructure in accordance with Article 55 paragraph 2 letter b TPA are contributions that: a. are not offered, promised or given to professional in person but to the organisation that employs the professional; b. are based on a written agreement which clearly states their intended purpose; c. are used exclusively for that intended purpose; d. are not subject to conditions or requirements that relate to the prescription, dispensing, use or purchase of certain prescription-only medicinal products; e. are credited to a specific account held by the organisation to which professionals do not have sole access; and f. are shown in the organisation’s accounts.
Art. 5 Support for the continuing education and training and continuing professional development of professionals
1 Contributions that are permitted as support for the continuing education and training and continuing professional development of professionals in accordance with Article 55 paragraph 2 letter b TPA are contributions that meet the requirements of Article 4 letters a–f. 2 The organisation must decide independently on the form and choice of the continuing education and training and continuing professional development events and on the professionals who participate.
Art. 6 Support for participating in events for the continuing education and training and continuing professional development of professionals
1 Contributions are permitted as support for participating in events for the continuing education and training and continuing professional development of professionals in accordance with Article 55 paragraph 2 letter b TPA provided they are agreed in writing and the professionals participating or the organisations that employ them make an appropriate contribution to the costs of the event (the personal contribution to the costs). 2 The personal contribution per person attending a continuing professional development event amounts to at least one third, and per person attending a continuing education and training event to at least one fifth of the following costs: a. registration fees; b. travel costs to and from the event; c. accommodation and meals; and d. costs of activities that are not required in order to participate in the event (fringe events) and that are clearly of subordinate importance. 3 A personal contribution to the costs is not required if: a. the participating profession
Art. 7 Compensation for services of equivalent value
1 Compensation for services of equivalent value provided by a professional or organisation in accordance with Article 55 paragraph 2 letter c TPA is compensation that: a. is based on a written agreement which sets out the nature and extent of the service and the compensation; and b. is commensurate with the service provided. 2 In the context of a specialist discussion, the requirement in paragraph 1 letter a does not apply to the payment of the cost of meals up to a maximum of 100 francs. 3 No compensation shall be due for services that a professional or organisation: a. provides for themselves; b. provides in fulfilment of statutory obligations; or c. is otherwise remunerated for. 4 Compensation under paragraph 1 is in particular permitted for: a. costs assumed in connection with the purchase of prescription-only medicinal products, such as the payment of transport costs, storage costs or the assumption of storage risks; b. teaching, expert and advisory activities or the conduct of sc
Art. 8 Discounts
1 A discount corresponds to the difference between the standard price of a product and the price effectively paid in a transaction. For medicinal products on the list of pharmaceutical specialities, a discount is deemed to have been granted in particular where the price effectively paid is less than the ex factory price. 2 The delivery of a larger quantity than ordered and invoiced is not permitted.
Art. 9 Free samples
Free samples as defined in Article 10 MPAO may not be sold by professionals who receive them.
SR 812.212.5