6.1 Medicines
For general rules applicable to medicinal products advertising regardless of its addressees, please see Q5 above.
Additionally, for persons qualified to prescribe medicinal products and persons trading in medicinal products, it is prohibited to advertise medicinal products by providing, offering or promising pecuniary advantages, gifts and various types of facilitation, prizes, trips, and organising and financing medicinal product promotional meetings at which the hospitality towards participants is not limited to the main purpose of the meeting. At the same time, it is prohibited to accept the advantages and benefits referred to above. These prohibitions do not apply only to giving or accepting objects of a value not exceeding PLN 100.00 (about EUR 23.00), which are related to the medical or pharmaceutical practice and bear a mark advertising a specific company or medicinal product.
Advertising of medicinal products which involves the free-of-charge delivery of product samples may be addressed exclusively to persons qualified to prescribe medicinal products. Additionally, such advertising is admissible only provided that specific conditions listed in the Pharmaceutical Law have been met (e.g. the person qualified to prescribe medicinal products submitted a written request for the supply of a sample, each sample must be marked as “free sample – not for sale”, etc.). In any case, however, it is not possible to provide samples of medicinal products free of charge that contain narcotic agents or psychotropic substances.
Advertising for medicinal products addressed to persons qualified to prescribe medicinal products or to persons trading in medicinal products should contain information consistent with the Summary of Product Characteristics and information on the dispensing category, and in the case of medicinal products entered in the lists of reimbursed medicinal products, also the official retail price and the maximum amount of supplementary payment made by the patient.
6.2 Medical devices
Previously, the advertising of medicinal devices has not been separately regulated and would be included in the content of the answer to Q6 above.
As per the new Act on Medical Devices of 7 April 2022Please see the answer to Q6 above with regard to medical devices., visiting medical practitioners who are a health care provider or employed by a health care provider at a health care provider's place of service for the purpose of advertising medical devices shall be performed, by prior appointment, outside the working hours of such persons, and shall require the approval of the head of the health care provider in question and, in the case of a professional practice, the approval of the medical practitioner of the practice.
For other general rules applicable to medical devices advertised to healthcare professionals, please see the answer to Q5 p. b) above.
Rules on advertising of medical devices presented above come into effect on January 1, 2023.
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