The decree of the Ministry of Labour, Health and Social Policies has been published which establishes the implementing procedures for the application of sanctions for non-compliance with the quotas due by pharmaceutical companies, wholesalers and pharmacies. In implementation of the provisions of law 77/2009, containing urgent interventions in favor of the populations affected by seismic events in the Abruzzo region, article 13 establishes a redetermination, for equivalent medicines, of the quotas due on the retail price, set at 58.65% for pharmaceutical companies, 6.65% for wholesalers and 26.7% for pharmacists; the remaining 8% quota must be redistributed among pharmacists and wholesalers according to market rules, without prejudice to the minimum 26.7% quota for the pharmacy. Failure to comply with the aforementioned quotas, also through the transfer of free quantities of drugs or other economic utility, involves the application of sanctions for the entire drug supply chain. In particular, for the pharmacy, the application of an administrative fine ranging from 500 to 3,000 euros is envisaged and, in the event of recurrence of the violation, the competent administrative authority can order the closure of the pharmacy for a period of time of no less than 15 days. The decree in question, in force since 20 January 2010, establishes the methods for implementing the sanctions and establishes that the pharmacist can pay the reduced administrative sanction, equal to 1,000 euros, if he makes the payment within the term of sixty days from the immediate notification or, if this has not occurred, from the notification of the details of the violation. It is also envisaged that the competent administrative authority that orders the closure of the pharmacy must notify the Ministry of Health, the General Directorate of Medicines and Medical Devices, and AIFA.
Pharmacist33 – 15 January 2010 – Year 6, Number 5
