AUSTRIA Law and Practice Contributed by: Sonja Hebenstreit, Michael Cepic and Maximilian Kröpfl, Herbst Kinsky Rechtsanwälte GmbH
freely available) may only be made by pharma- cies. Medicinal products requiring prescription may only be provided to patients upon actual prescription by a physician. So far, the aut idem rule has not been imple- mented into Austrian law. Pharmacists are required to dispense to the patient the medicinal product actually prescribed (even if, for exam- ple, a generic product is available). The phar- macist can only offer the patient a pharmaceu- tical equivalent if the prescribed product is at the respective point in time not available in the respective pharmacy. Medical devices and IVD devices are not phar- macy-only products but distributors and retailers require a specific trade license for the sale of these products.
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