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Incompatibility between practising a healthcare profession and having a pecuniary interest in the manufacture or sale of medicinal products or medical devices

icon 21 January, 2026

Royal Legislative Decree 1/2015, of 24 July, approving the recast version of the Medicinal Products and Medical Devices (Guarantees and Rational Use) Act, prohibits healthcare professionals with prescribing powers from having a direct pecuniary interest in activities related to medicines. This prohibition does not extend to indirect interests, as distinguished in Article 4 of said legislative decree. Judgment no. 483/2025 of the High Court of Justice of the Basque Country concludes that mere membership of a group of companies does not entail incompatibility if each entity retains real autonomy.

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Autor/s

Ángel García Vidal – Academic Counsel

Category

Analysis