Indecopi recognizes that the Minsa imposes bureaucratic barriers against independent pharmacies

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) has agreed with the independent pharmacies that the Ministry of Health (Minsa) and the Regional Governments impose bureaucratic barriers that they do not allow these to develop in the market, he has indicated that two measures in particular “lack reasonableness”.

There were 67 independent pharmacies that filed a complaint against Minsa and all the Regional Governments because they are required to have “absurd and expensive” certifications, according to Jorge Lazarte, legal representative of the companies. According to Lazarte, there are more than 10,000 pharmacies nationwide subject to these restrictive guidelines.

The measures considered as bureaucratic barriers because they lack technical support are the following:

• The imposition of a determined validity of 6 months and 3 years of the Certificate of Good Pharmaceutical Office Practices, materialized in article 127 of the Regulation of Pharmaceutical Establishments approved by Supreme Decree No. 014-2011-SA.
• The requirement to periodically renew the Certificate of Good Pharmaceutical Office Practices prior to 6 months and 3 years of validity, embodied in article 128 of the Regulations for Pharmaceutical Establishments approved by Supreme Decree No. 014-2011-SA.

“(…) The non-application of the measures declared unreasonable in favor of Inversiones Nazarenas EIRL and other complainants indicated in Annex 1 of this resolution is ordered. Failure to comply with the non-application mandate provided in this resolution may be sanctioned with a fine of up to 20 Tax Unitsin accordance with the provisions of article 34 of Legislative Decree No. 1256,” states the Indecopi resolution.

For its part, the Peruvian Association of Pharmacies (Aspefar) has welcomed the measure, noting that this will allow the sustainability of this type of company.

“The community pharmacy is the entrepreneurial dream of every pharmaceutical chemist who is passionate about the health service. It is not possible that the governing body continues to cut off that passionate dream, approving laws, decrees, manuals, etc., with regulations that have no impact on medicines, much less on public health; However, they generate a high cost that makes us unsustainable, forcing us to resign,” Aspefar pointed out.