With respect to the draft, the revision of the organic plan disappears and the faculty to freely apply discounts on retail prices on all products sold is added for pharmacies and shops, provided that the discounts are displayed legibly and clearly to the consumer and are applied to all buyers. Here is the full text of the article. 32, the one on pharmacies, contained in the text of the decree signed yesterday by President Napolitano.
1. With regard to the sale of medicines, in the commercial establishments referred to in article 5, paragraph 1, of the decree law of 4 July 2006, n. 223, converted, with amendments, by law 4 August 2006, n. 248, which fall within the territory of Municipalities with a population of more than fifteen thousand inhabitants and, in any case, outside the rural areas as identified by the Regional Health Plans, in possession of the structural, technological and organizational requirements established by decree of the Minister of Health, subject to agreement with the permanent conference for relations between the State, the Regions and the autonomous provinces of Trento and Bolzano, adopted within 60 days from the date of entry into force of this decree, the medicines referred to in article 8, paragraph may also be sold 10, letter c) of the law of 24 December 1993, n. 537, and subsequent modifications, with the exception of the medicines referred to in article 45 of the decree of the President of the Republic 9 October 1990, n. 309, and subsequent amendments referred to in article 89 of the legislative decree of 24 April 2006, n. 291. The same decree, having consulted the Italian Medicines Agency, defines the areas of activity in which the pharmacovigilance functions are ensured by the National Health Service.
2. In the commercial establishments referred to in article 5, paragraph 1, of the decree law of 4 July 2006, n. 223, converted, with amendments, by law 4 August 2006, n. 248, the sale of medicines must take place, pursuant to the provisions of paragraph 2 of the aforementioned article 5, within a special delimited department, with respect to the rest of the commercial area, by structures capable of guaranteeing the inaccessibility of medicines by the public and non-specialist personnel, during both opening to the public and closing times.
3. The contractual conditions and commercial practices adopted by companies producing or distributing medicines which result in unjustified discrimination between pharmacies and parapharmacies as regards delivery times, conditions, quantities and prices, constitute cases of unfair commercial practice for the purposes of applying the provisions in force on the matter.
4. Pharmacies and commercial establishments referred to in art. 5, paragraph 1, of the decree law 4 July 2006, n. 223, converted with amendments by law 4 August 2006, n. 248, to freely apply discounts on retail prices on all products sold, provided that the discounts are clearly and legibly displayed to the consumer and are applied to all buyers.
7 December 2011 – Pharmacist33
