The Commission for the Elimination of Bureaucratic Barriers of the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) declared that the regulations for pharmacies related to the prohibition of providing medical consultation services and selling groceries inside their facilities are considered bureaucratic barriers.
Resolution 0102-2024/SEL-INDECOPI arises in response to a complaint filed by Mifarma SAC, Boticas IP SAC and Jorsa de la Selva SAC against previous restrictions that are based on report 129-2014 of the Ministry of Health (Minsa), the which prevented these practices under the argument of preserving quality, safety and public health.
Pharmacies will be able to sell packaged groceries and provide consultations: what is the Indecopi resolution about?
According to the resolution of the Specialized Chamber for the Elimination of Bureaucratic Barriers of Indecopi, the prohibition on selling packaged groceries and providing medical consultation services in pharmacies and pharmacies is considered a bureaucratic barrier that lacks reasonableness. In this sense, the resolution that declared the complaint filed on December 20, 2022 by Mifarma SAC, Boticas IP SAC and Jorsa de la Selva SAC against the Ministry of Health is revoked due to previous restrictions based on report 129-2014. -DIGEMIDA-DAS-EEF/MINSA.
“Resolution 0785-2023/CEB-INDECOPI of June 14, 2023 is revoked, to the extent that it declared unfounded the complaint filed by Mifarma SAC, Boticas IP SAC and Jorsa de la Selva SAC against the Ministry of Health; and, Consequently, the prohibition on providing medical consultation services in pharmacies and pharmacies is declared a bureaucratic barrier lacking reasonableness,” reads section 3 of the resolution of said Indecopi Chamber.
Likewise, it is ordered that the Ministry of Health inform those administered about the bureaucratic barriers declared unreasonable in this procedure, within a period of no more than five business days after notification of this resolution. Finally, it is highlighted that failure to comply with non-application mandates may lead to a fine of up to 20 UIT, equivalent to S/10,300, according to article 34 of Legislative Decree 1256.
What are the reasons for this Indecopi failure?
Indecopi pointed out in its resolution the lack of solid arguments that support the impediments related to the sale of groceries and the offer of medical consultations. Along these lines, he questioned the absence of evidence indicating a risk of contamination in the sale of food in pharmacies and the justification behind the restriction on offering medical consultations. Likewise, he highlighted the importance of adjusting regulations to global business practices and encouraging pharmacies to expand their services and products for the benefit of consumers.
Indecopi’s resolution also highlights the importance of having regulations that promote both market competitiveness and consumer protection. Although initially the measure is applicable only to the complainants Mifarma SAC, Boticas IP SAC and Jorsa de la Selva SAC, it could be the case that other pharmacies follow this precedent and adapt to the new Indecopi guidelines.
Finally, granting pharmacies the power to offer medical consultations sets a precedent for the sector because it meets the needs of the population that requires timely and accessible care, as long as quality and safety criteria are guaranteed under supervision. of the respective authorities.
Source: Larepublica
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