"Rules of retail trade in medicines, medical devices and other goods sold by pharmacy institutions. Methodological instructions N 99/190" (approved by the Ministry of Health of the Russian Federation 12/23/1999)

MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION
SCIENTIFIC - RESEARCH INSTITUTE OF PHARMACY
METHODOLOGICAL INSTRUCTIONS
December 23, 1999
N 99/190
RULES OF RETAIL TRADE IN MEDICINES,
MEDICAL PRODUCTS AND OTHER PRODUCTS
IMPLEMENTED BY PHARMACY INSTITUTIONS
Introduction
The quality of drug supply to the population in the conditions of market relations largely depends on the strict implementation of the rules of trade in the retail sale of medicines, medical devices and other goods from pharmacies: pharmacies, pharmacy points, pharmacy kiosks, pharmacy stores.
The relevance of this problem is due to the fact that so far, taking into account the requirements of newly developed federal laws and regulations, there are no rules for the retail trade of medicines, medical products and other goods sold from pharmacies, which would reflect the requirements for the seller - pharmacy institution and to the buyer - a citizen who purchases these goods in pharmacies for personal use, and not for the purpose of making a profit.
The Guidelines set out the rules of retail trade medicines, medical products and other goods sold by pharmacies to the public.
Description of the method
For the first time, rules have been developed for the retail trade of medicines, medical products and other goods sold by pharmacies under market conditions, reflecting the specification for the sale of medicines as a product that is the basis of drug care and helps to preserve human health.
Rules
retail trade in medicines, products
medical supplies and other goods
sold by pharmacies
1. These rules are developed in accordance with the "Basics of the legislation of the Russian Federation on the protection of the health of citizens", federal laws"On Medicines", "On Protection of Consumer Rights" and regulate relations between buyers and sellers in the retail trade of medicines, medical products and other goods sold by pharmacies.
2. Basic concepts:
Buyer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal (domestic) needs, not related to making a profit.
The seller is a pharmacy institution, regardless of the organizational and legal form.
3. The mode of operation of state municipal pharmacy institutions is established by decision of the relevant authorities executive power subjects Russian Federation and local governments. The mode of operation of pharmacy institutions of a different organizational and legal form is established by them independently.
The mode of operation of the seller is brought to the attention of buyers.
4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller in accordance with the profile of his activity.
5. The seller is obliged to comply with the requirements established by the current legislation of the Russian Federation in the field of pharmaceutical activity and retail trade.
6. The seller must have the necessary premises, equipment and inventory to ensure the safety of the quality and safety of medicines, medical devices and other goods during their storage and sale, and comply with the appropriate terms of trade.
7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.
8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request. It must be in a conspicuous place and be drawn up in accordance with the requirements for this document.
9. These Rules, as well as the procedure for dispensing medicines, are brought by the seller in a clear and accessible form to the attention of buyers.
10. The seller is obliged to bring to the attention of the buyer the name of his organization, its location (legal address) and mode of operation, placing the specified information on the signboard of the organization. Seller registered as individual entrepreneur must, in addition, provide the buyer with information about state registration and the name of the body that registered it.
The seller must provide information on the number and validity period of the license for the right to sell medicines and medical devices and other goods sold by pharmacies to the public, as well as on the authority that issued it.
The specified information is placed in places convenient for acquaintance of buyers.
11. The trading floor should have the following information:
- phone number and address of the parent organization;
- a copy of the license for pharmaceutical activities;
- surname, name, patronymic, position of employees serving customers;
- groups of the population entitled to preferential provision in accordance with the current legislation of the Russian Federation;
- telephone number and working hours of the reference pharmaceutical service.
12. The seller is obliged to bring to the attention of buyers the necessary and reliable information about medicines, medical devices and other goods and their manufacturers.
13. Information about medicines, medical devices and other goods should be in Russian, if necessary, in the official languages of the republics within the Russian Federation or in the languages of the population of the area.
14. Information about the name and price of sold medicines, medical devices and other goods is provided to buyers by placing goods on display windows. Medicinal products for internal use are placed separately from drugs for external use. Within these groups, medicines are arranged according to therapeutic criteria (cough medicines, heart medicines, headache medicines, etc.). Vitamins, organo-preparations, disinfectants, medicinal herbs, dressings, items for patient care, sanitation and hygiene, small tools and optics are placed separately in the windows. Medicinal products requiring special accounting and storage conditions are not subject to display cases.
15. The seller is obliged to ensure the availability of price tags on the sold medicines, medical devices and other goods indicating the price in rubles and kopecks, the date, the signature of the financially responsible person.
16. The buyer has the right to check the correctness of the price. Responsibility for the compliance of prices on the packaging with the price in the documents is executive appointed by order of the head of the pharmacy.
17. When dispensing medicines, the seller is obliged to inform the buyer about the rules for taking and storing medicines.
18. At the request of the buyer, the seller is obliged to provide Additional information on medicines, medical devices and other goods:
- expiration date or service life, if specified;
- the manufacturer of the goods;
- the warranty period, if it is established for a specific product;
- information about the main consumer properties goods;
- rules and conditions for the effective and safe use of the goods.
19. When selling medicines, medical devices and other goods subject to mandatory certification, the seller, if necessary, brings to the attention of the buyer information about the certification of goods. To confirm the fact of certification, the seller must have one of the following documents:
- the original of the certificate;
- a copy of the certificate certified by the holder of the original certificate, a notary or a certification body that issued the certificate;
- shipping and accompanying documents issued by the manufacturer or supplier on the basis of the original certificate or its certified copy, and the content for each name of medicines, medical devices and other goods, information about the availability of the certificate, indicating its number, validity period and the authority that issued the certificate . Commodity - accompanying documents must be certified by the signature and seal of the manufacturer or supplier, indicating his address and telephone number.
20. Prices for medicines, medical devices and other goods sold by the seller, as well as other conditions of sale, must be the same for all buyers.
Payment for dispensed medicines and medical devices is made by the buyer for the full cost in cash through cash machine or taking into account benefits for certain categories buyers in accordance with the current legislation of the Russian Federation. The seller is obliged to issue to the buyer a cash or sales receipt, or other document certifying the purchase. The sales receipt indicates the name of the seller, the name of the goods, their quantity, price, date of sale and the name of the person who sold the goods.
21. Medicinal products are also dispensed to the buyer in accordance with the norms and rules relating to the acquisition, storage, manufacture, quality control, dispensing and sale of medicinal products, approved by the Ministry of Health of the Russian Federation and registered by the Ministry of Justice of the Russian Federation in the prescribed manner.
22. It is forbidden to condition the sale of some goods on the obligatory purchase of others.
23. It is forbidden to take from individuals any preparations and substances of medicines for the manufacture of medicines, packaging and their sale.
24. Medicines, goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, tools, equipment, medical oral hygiene products, spectacle lenses, child care items) good quality sold to the buyer are non-refundable.
25. In case of sale of goods to the buyer inadequate quality found when the buyer opened the package at the place of purchase, or if hidden defects of goods, the buyer has the right to demand an exchange for a similar product or a refund of the amount of money paid for the specified product upon presentation of a cash receipt issued by the seller.
26. The buyer's claims are considered only upon presentation of a cash receipt, and for goods for which warranty periods are established, a cash receipt and a technical passport or other document replacing it.
27. The terms for the seller to satisfy the buyer's requirements are determined in accordance with the current legislation of the Russian Federation.
28. When replacing a product of good quality with a product of a similar brand, the price of the product is not recalculated.
29. When replacing goods of inadequate quality with the same goods of a different brand (model, article), if the price of the goods to be replaced is lower than the price of the goods provided in exchange, the buyer must pay the difference in prices. If the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices shall be paid to the buyer.
30. The seller is obliged to provide a high culture of customer service in compliance with the norms of pharmaceutical deontology and ethics.
31. For non-fulfillment or violation of these Rules, the seller is liable in accordance with the current legislation of the Russian Federation.
The effectiveness of the method used
Social effect of implementation guidelines is to improve the quality of drug services to the population, based on the implementation of the rules for the retail sale of drugs by employees of the pharmacy institution - the seller, regardless of organizational - legal form.
Improving the quality of public service will improve the rating of the pharmacy and increase the influx of people, which will provide additional reserves that can be directed to the further development of the pharmacy.
Indications for the use of the method
The Guidelines are intended for a qualitative assessment of the level of drug services for the population in pharmacies, drugstores, pharmacy stores, pharmacy kiosks of the state, municipal and other organizational and legal forms that have the status legal entity or affiliated with other organizations.

DEPARTMENT OF STATE CONTROL OF THE QUALITY, EFFICIENCY, SAFETY OF MEDICINES AND MEDICAL EQUIPMENT OF THE MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION DATED 23.12.1999 n 293-22 / 91 "> DEPARTMENT OF STATE CONTROL OF THE QUALITY, EFFICIENCY, SAFETY OF MEDICINES AND MEDICAL EQUIPMENT MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION FROM 23.12.1999 n 293-22 / 91 "

Ministry of Health of the Russian Federation
Research Institute of Pharmacy

METHODOLOGICAL INSTRUCTIONS

Rules for the retail sale of medicines,
medical devices and other goods
sold by pharmacies

Introduction

The quality of drug supply to the population in the conditions of market relations largely depends on the strict implementation of the rules of trade in the retail sale of medicines, medical devices and other goods from pharmacies: pharmacies, pharmacy points, pharmacy kiosks, pharmacy stores.

The relevance of this problem is due to the fact that so far, taking into account the requirements of newly developed federal laws and regulations, there are no rules for the retail trade of medicines, medical products and other goods sold from pharmacies, which would reflect the requirements for the seller - pharmacy institution and to the buyer - a citizen who purchases these goods in pharmacies for personal use, and not for the purpose of making a profit.

The Guidelines set out the rules for the retail trade of medicines, medical devices and other goods sold by pharmacies to the public.

Description of the method

For the first time, rules have been developed for the retail trade of medicines, medical products and other goods sold by pharmacies under market conditions, reflecting the specification for the sale of medicines as a product that is the basis of drug care and helps to preserve human health.

Rules for the retail sale of medicines, medical products and other goods sold by pharmacies

1. These rules are developed in accordance with the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens, the Federal Laws "On Medicines", "On the Protection of Consumer Rights" and govern relations between buyers and sellers in the retail trade of medicines, medical products and other goods sold by pharmacies.

2. Basic concepts:

Buyer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal (domestic) needs, not related to making a profit.

The seller is a pharmacy institution, regardless of the legal form.

3. The mode of operation of state municipal pharmacy institutions is established by decision, respectively, of the executive authorities of the constituent entities of the Russian Federation and bodies local government. The mode of operation of pharmacy institutions of a different organizational and legal form is established by them independently.

The mode of operation of the seller is brought to the attention of buyers.

4. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller in accordance with the profile of his activity.

5. The seller is obliged to comply with the requirements established by the current legislation of the Russian Federation in the field of pharmaceutical activity and retail trade.

6. The seller must have the necessary premises, equipment and inventory to ensure the safety of the quality and safety of medicines, medical devices and other goods during their storage and sale, and comply with the appropriate terms of trade.

7. The seller is obliged to have and maintain measuring instruments in good condition, timely and in accordance with the established procedure to carry out their metrological verification.

8. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request. It must be in a conspicuous place and be drawn up in accordance with the requirements for this document.

9. These Rules, as well as the procedure for dispensing medicines, are brought by the seller in a clear and accessible form to the attention of buyers.

10. The seller is obliged to bring to the attention of the buyer the name of his organization, its location (legal address) and mode of operation, placing the specified information on the signboard of the organization. The seller, registered as an individual entrepreneur, must, in addition, provide the buyer with information on state registration and the name of the body that registered it.

The seller must provide information on the number and validity period of the license for the right to sell medicines and medical devices and other goods sold by pharmacies to the public, as well as on the authority that issued it.

The specified information is placed in places convenient for acquaintance of buyers.

11. The trading floor should contain the following information:

- phone number and address of the parent organization;

- a copy of the license for pharmaceutical activities;

- surname, name, patronymic, position of employees serving customers;

- groups of the population entitled to preferential provision in accordance with the current legislation of the Russian Federation;

- telephone number and working hours of the reference pharmaceutical service.

The seller is obliged to bring to the attention of buyers the necessary and reliable information about medicines, medical devices and other goods and about their manufacturers.

13. Information about medicines, medical devices and other goods should be in Russian, if necessary, in the official languages of the republics within the Russian Federation or in the languages of the population of the given area.

14. Information about the name and price of sold medicines, medical devices and other goods is provided to buyers by placing goods on display windows. Medicinal products for internal use are placed separately from drugs for external use. Within these groups, medicines are arranged according to therapeutic criteria (cough medicines, heart medicines, headache medicines, etc.). Vitamins, organic preparations, disinfectants, medicinal herbs, dressings, items for patient care, sanitation and hygiene, small tools and optics are placed separately in showcases. Medicinal products requiring special accounting and storage conditions are not subject to display cases.

15. The seller is obliged to ensure the availability of price tags on the sold medicines, medical devices and other goods indicating the price in rubles and kopecks, the date, and the signature of the financially responsible person.

16. The buyer has the right to check the correctness of the price. Responsibility for the compliance of prices on the package with the price in the documents lies with an official appointed by order of the head of the pharmacy.

17. When dispensing medicines, the seller is obliged to inform the buyer about the rules for taking and storing medicines.

18. At the request of the buyer, the seller is obliged to provide additional information about medicines, medical devices and other goods:

- expiration date or service life, if specified;

- the manufacturer of the goods;

- the warranty period, if it is established for a specific product;

- information about the main consumer properties of the goods;

- rules and conditions for the effective and safe use of the goods.

19. When selling medicines, medical devices and other goods subject to mandatory certification, the seller, if necessary, brings to the attention of the buyer information about the certification of goods. To confirm the fact of certification, the seller must have one of the following documents:

- the original of the certificate;

- a copy of the certificate certified by the holder of the original certificate, a notary or a certification body that issued the certificate;

- shipping documents issued by the manufacturer or supplier on the basis of the original certificate or its certified copy and the content for each name of medicines, medical devices and other goods, information about the availability of the certificate, indicating its number, validity period and the authority that issued the certificate. Shipping documents must be certified by the signature and seal of the manufacturer or supplier, indicating his address and telephone number.

20. Prices for medicines, medical devices and other goods sold by the seller, as well as other conditions of sale, must be the same for all buyers.

Payment for dispensed medicines and medical devices is made by the buyer for the full cost in cash through a cash register or taking into account benefits for certain categories of buyers in accordance with the current legislation of the Russian Federation. The seller is obliged to issue to the buyer a cash or sales receipt, or other document certifying the purchase. The sales receipt shall indicate the name of the seller, the name of the goods, their quantity, price, date of sale and the name of the person who sold the goods.

21. Medicinal products are also dispensed to the buyer in accordance with the norms and rules relating to the acquisition, storage, manufacture, quality control, dispensing and sale of medicinal products, approved by the Ministry of Health of the Russian Federation and registered by the Ministry of Justice of the Russian Federation in the prescribed manner.

23. It is prohibited to accept from individuals any preparations and substances of medicines for the manufacture of medicines, packaging and their sale.

24. Medicines, goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, tools, equipment, medical oral hygiene products, spectacle lenses, child care items) of proper quality sold to the buyer are non-refundable.

25. In the event of the sale to the buyer of goods of inadequate quality, which was discovered when the buyer opened the package at the place of purchase, or in the event of the discovery of hidden defects in the goods, the buyer has the right to demand an exchange for a similar product or a refund of the amount paid for the specified goods upon presentation of a cash receipt issued by the seller.

26. The buyer's claims are considered only upon presentation of a cash receipt, and for goods for which warranty periods are established, a cash receipt and a technical passport or other document replacing it.

27. The terms for the seller to satisfy the buyer's requirements are determined in accordance with the current legislation of the Russian Federation.

28. When replacing a product of good quality with a product of a similar brand, the price of the product is not recalculated.

29. When replacing goods of inadequate quality with the same goods of a different brand (model, article), if the price of the goods to be replaced is lower than the price of the goods provided in exchange, the buyer must pay the difference in prices. If the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices shall be paid to the buyer.

30. The seller is obliged to provide a high culture of customer service in compliance with the norms of pharmaceutical deontology and ethics.

31. For non-fulfillment or violation of these Rules, the seller is liable in accordance with the current legislation of the Russian Federation.

The effectiveness of the method used

The social effect of the introduction of guidelines is to improve the quality of drug services to the population, based on the implementation of the rules for the retail sale of drugs by employees of the pharmacy institution - seller, regardless of the legal form.

Improving the quality of public services will improve the rating of the pharmacy and increase the influx of people, which will provide additional reserves that can be directed to further development pharmacy establishment.

Indications for the use of the method

The Guidelines are intended for a qualitative assessment of the level of drug services for the population in pharmacies, drugstores, pharmacy stores, pharmacy kiosks of state, municipal and other organizational and legal forms that have the status of a legal entity or are part of other organizations.

The text of the document is verified by:
"Pharmacy: Reference Manual",
M., 2001

Names. The Ministry of Health and Social Development of Russia annually publishes the State Register of Medicines containing standard clinical and pharmacological articles (instructions for use) for drugs. The assortment of pharmacy organizations includes both original drugs (for the first time synthesized and completed a full cycle of drug research, the active ingredients of which are protected by a patent for a certain period), and generics (reproduced drugs, interchangeable with a patented analogue and brought to the market after the expiration of the patent protection of the original) . Very often, the concept of "original drug" is identified with the concept of "drug - brand".

The concept of “original (trade) name” of a medicinal product, which is a proprietary name registered to protect the right of its exclusive use only by the company that owns the trademark or patent for this name (and not the active substance). For example, only the Bayer company has the right to produce acetylsalicylic acid under the name "aspirin". If trade names ( trade marks) designate the final product, then international non-proprietary names (INN) are used to designate active pharmaceutical ingredients, otherwise - generic or common names that can be used as public property without ANY restrictions, since no one is the owner of the rights to their use.

INN must be indicated on the packaging of both the original and generic drugs sold under the trade (brand) name.

List of goods sold through pharmacy organizations.

The list of goods (except drugs) sold through pharmacy organizations is established by OST 91500.05.0007-2003 “Rules for the dispensing (sale) of medicines in pharmacy organizations. Basic provisions" and Art. 32 of the Federal Law "On Medicines":

IMI (in particular, items for patient care, medical equipment, including prophylactic purposes, diagnostic tools, therapeutic and prophylactic underwear, hosiery, bandages, items for child care, first aid kits medical care and etc.);

disinfectants;

items (means) of personal hygiene (in particular, skin and hair care products, aromatic oils, etc.);

optics (in particular, finished glasses, glasses care products, etc.);

mineral waters (natural and artificial);

medical, children's and dietary nutrition (in particular, dietary supplements);

cosmetic and perfumery products.

Some of these products are called parapharmaceutical products. These are products of an additional pharmacy assortment, related drugs and medical research, intended for the prevention, treatment of diseases, alleviation of a person’s condition, and care for body parts. These include: beauty products, sanitary and hygiene products, patient care items, juices, mineral waters, dietary and baby food, spectacle optics, reference and educational literature.

Pharmacy organizations are currently included in the nomenclature of healthcare institutions (Order of the Ministry of Health and Social Development of Russia dated 07.10.05 No. 627) and at the same time they are classified as trading organizations in accordance with the all-Russian classifier; when selling the above goods, they are guided by the rules of retail sales that apply to all trade organizations.

Rules for the sale of certain types of goods. The rules for the sale of certain types of goods are approved by Decree of the Government of Russia dated 19.01.98 No. 55 (as amended and supplemented by Decree of the Government of the Russian Federation dated 06.02.02 No. 81). These rules are developed in accordance with the Law of the Russian Federation "On the Protection of Consumer Rights" and regulate the relationship between buyers and sellers in the sale of certain types of food and non-food products.

Seller - an organization or an individual entrepreneur that sells goods and provides services to the buyer under a contract of sale.

Buyer - legal entities and individuals who use, purchase, order or intend to purchase or order goods and services.

According to the rules:

the mode of operation of a state or municipal organization is established by decision of local self-government bodies; organizations of a different organizational and legal form, as well as individual entrepreneurs, establish it independently;

the seller must have the necessary premises, equipment and inventory to ensure, in accordance with the requirements of the standards, the preservation of the quality and safety of goods during their storage and sale at the point of sale, proper trading conditions, as well as the possibility of the correct choice of goods by buyers;

the seller is obliged to have a book of reviews and suggestions, which is provided to the buyer at his request;

if the seller carries out activities that are subject to licensing (pharmaceutical), then he is obliged to provide information on the number and validity of the license, as well as on the authority that issued it;

at the request of the buyer, the seller is obliged to familiarize him with one of the following documents: certificate or declaration of conformity; a copy of the certificate certified by the holder of the original certificate, a notary public or a certification body; commodity transport documents containing information on the conformity of the quality of the goods (certificate number, its validity period, the issuing authority);

goods sold must be provided with price tags, which indicate the name of the goods, price, signature of a materially responsible person or seal of the organization, date of issue;

the goods for which the expiration date is set must be sold in such a way that the buyer can use it before the expiration date.

Exchange and return of goods. The buyer has the right, within 14 days from the date of purchase of a non-food product of good quality, to exchange it at the place of purchase for a similar product. However, not all pharmacy products are subject to such a replacement. The above resolution approved the List non-food items of good quality, not subject to return or exchange for a similar product. These include: medicines; goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, medical instruments, appliances and equipment, oral hygiene products, spectacle lenses, child care items); personal hygiene items (for example, toothbrushes); perfumery and cosmetic products. Used IMI, drugs, personal hygiene items, perfumery and cosmetic products are not subject to sale.

If the buyer is sold goods of inadequate quality, then he has the right to demand either replacement of the goods with a similar one, or immediate gratuitous elimination of defects (if possible), or reimbursement of expenses.

The seller is obliged to accept the goods of inadequate quality from the buyer and, if necessary, to check the quality of the goods. If a dispute arises about the reasons for the appearance of defects, the seller is obliged to conduct an examination of the goods at his own expense. The buyer's absence of a cash or sales receipt is not grounds for refusing to satisfy his requirements and does not deprive him of the opportunity to refer to witness testimony.

Peculiarities of retail trade in medicines. The eighth section of the Rules for the sale of certain types of goods is called "Peculiarities of the sale of medicines and medical products." According to him:

the seller must provide the buyer with information about the rules for dispensing medicines and medical devices;

medicines and medical devices must undergo pre-sale preparation, which includes unpacking, sorting and inspection of the goods, before being submitted to the trading floor; quality control of goods outward signs) and the availability of the necessary information about the product and its manufacturer (supplier);

sale of drugs (dosed drugs, ready for use and intended for the prevention and treatment of diseases in humans and animals, preventing pregnancy, increasing animal productivity) is carried out in accordance with the Federal Law "On Medicines", which should guide all pharmacy organizations in their activities .

What are the features of drug retail trade?

Retail trade is allowed only for drugs registered in Russia.

Medicines dispensed by prescription of a doctor are subject to sale only through pharmacies and pharmacy points. Over-the-counter medicines can also be sold in drugstores and drugstores.

The list of drugs sold without a doctor's prescription is reviewed and approved once every 5 years by the Russian Ministry of Health. Additions to the List are published annually.

The rules and procedure for dispensing drugs are also determined by the Ministry of Health of Russia.

Pharmacy organizations are obliged to sell drugs only in ready-to-use form and in quantities necessary to fulfill medical prescriptions.

Pharmacy organizations are obliged to provide the established minimum range of drugs necessary for the provision of medical care.

Currently approved and put into effect by order of the Ministry of Health of Russia dated 04.03.03 No. 80 industry standard“Rules for the release (sale) of medicines in pharmacy organizations. Basic Provisions”, which reflects the features of the sale of pharmacy products.

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Documents regulating retail trade in pharmacies.

1 Federal Law of the Russian Federation of May 4, 2011 N 99-FZ “On Licensing Certain Types of Activities”

3 Decree of the Government of the Russian Federation of December 22, 2011 1081 "On licensing pharmaceutical activities"

4 Order of the Ministry of Health and Social Development of Russia dated August 23, 2010 N 706n On approval of the rules for storing medicines

Free legal advice:

5 Order of the Ministry of Health and Social Development of the Russian Federation of September 15, 2010 N 805n "On approval of the minimum range of drugs for medical use necessary for the provision of medical care"

6 Order of the Ministry of Health of the Russian Federation of October 21, 1997 N 309 "On approval of the Instructions for sanitary regime pharmacy organizations (pharmacies)"

7 Order of the Ministry of Health and Social Development of the Russian Federation No. 553n dated July 27, 2010 “On Approval of the Types of Pharmacy Institutions”.

8. Order of the Ministry of Health of the Russian Federation of August 1, 2012 N 54n “On approval of the form of prescription forms containing the prescription of narcotic drugs or psychotropic substances, the procedure for their manufacture, distribution, registration, accounting and storage, as well as the rules for registration”

9. Order of the Ministry of Health of the Russian Federation of December 20, 2012 N 1175n “On approval of the procedure for prescribing and prescribing medicines, as well as forms of prescription forms for medicines, the procedure for issuing these forms, their accounting and storage”

10 Decree of the Government of the Russian Federation of January 19, 1998 N 55 "On approval of the rules for the sale of certain types of goods"

Free legal advice:

11 Decree of the Government of the Russian Federation of August 08, 2009 No. 654 "On improving state regulation of prices for drugs included in the list of vital and essential drugs"

12 Decree of the Government of the Russian Federation of October 29, 2010 No. 865 "On state regulation prices for medicines included in the list of vital and essential medicines"

13. Letter of Roszdravnadzor No. 04i-544/12 dated June 25, 2012 “On strengthening control over the circulation of codeine-containing drugs”

14. Article 464 of the Civil Code of the Russian Federation Consequences of failure to fulfill the obligation to transfer accessories and documents related to the goods

15. Article 456 of the Civil Code of the Russian Federation Obligations of the seller to transfer the goods

Free legal advice:

16. Article 129 of the Civil Code of the Russian Federation Turnover of objects of civil rights

17. Federal Law of November 21, 2011 No. 323-FZ "On the basics of protecting the health of citizens in the Russian Federation" of the Civil Code of the Russian Federation

18 Order of the Ministry of Health and Social Development of the Russian Federation of December 28, 2010 N 1222n “On approval of the Rules wholesale trade medicines for medical use”.

19. Order of the Ministry of Health and Social Development of the Russian Federation of November 10, 2011 N 1340n “On Amendments to the Order of the Ministry of Health and social development of the Russian Federation dated September 18, 2006 N 665 “On approval of the List of medicines dispensed by prescription of a doctor (paramedic) when providing additional free medical care to certain categories of citizens entitled to receive state social assistance”.

20. Order No. 1198n “On approval of the rules in the field of circulation of medical devices” dated 27.12.2011.

Free legal advice:

21. Decree of the Government of the Russian Federation No. 681 of June 30, 1998 “On Approval of the List of Narcotic Drugs, Psychotropic Substances and Their Precursors Subject to Control in the Russian Federation”.

22. Decree of the Government of the Russian Federation of December 29, 2007 N 964

“On approval of lists of potent and toxic substances for the purposes of Article 234 and other articles of the Criminal Code of the Russian Federation, as well as large-scale potent substances for the purposes of Article 234 of the Criminal Code of the Russian Federation.”

23. Decree of the Government of the Russian Federation of 01.10.2012 N 1002 “On approval of large and extra large sizes of narcotic drugs and psychotropic substances, as well as large and extra large sizes for plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances, for the purposes of Articles 228, 228.1, 229 and 229.1 of the Criminal Code of the Russian Federation”.

24. Decree of the Government of the Russian Federation of 04.11.2006 N 644 (as amended on 04.09.2012) “On the procedure for submitting information on activities related to the circulation of narcotic drugs and psychotropic substances, and registration of operations related to the circulation of narcotic drugs and psychotropic substances.”

Free legal advice:

Types of dispensing of pharmaceutical goods.

Dispensing (sale) of medicines is carried out by prescription and without a doctor's prescription, as well as according to the requirements of healthcare institutions on the basis of an agreement.

Medicines, including narcotic drugs, psychotropic, potent and poisonous substances registered in the Russian Federation in accordance with the established procedure, are subject to dispensing by pharmacies (organizations).

Medicinal products prescribed by a doctor's prescription are subject to dispensing by pharmacies and drugstores.

Upon receipt of prescriptions and requirements by the pharmacy organization, the pharmacist conducts a pharmaceutical examination of prescriptions and requirements and, in accordance with the tariffs, determines the cost of the dispensed medicinal product.

In case of replacement of the drug written in the prescription with its synonym (generic form), with the consent of the buyer or in agreement with the doctor, the trade name of the dispensed drug should be indicated on the back of the prescription, signed and date of issue.

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Dispensing (realization) of medicines under free and preferential prescriptions is carried out from pharmacy organizations on the basis of an agreement with organizations that finance preferential dispensing of medicines to the population.

The buyer, at his request, may be provided with additional information about the purchased medicinal product, about the synonyms (generic forms) of the purchased medicinal product available in the pharmacy organization and their prices.

When dispensing medicinal products, the pharmacist informs the buyer about the rules for taking the medicinal product: the mode of administration, single and daily dose, method of administration (taking into account food intake, etc.), storage rules, etc .; draws the attention of the buyer to the need to carefully read the information about the medicinal product.

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Practical part

The analysis of compliance with the requirements of the retail trade rules was carried out on the example of pharmacy organizations, pharmacy No. 280, Neftekamsk, pharmacy No. 87 p. Karaidel and pharmacy IP Belyaev, Neftekamsk.

Analysis of the design of the trading floor

The trading floor of its design is one of the important components, which includes appearance pharmacies, atmospheres, design of points of sale, placement and display of goods on shelves and staff.

It is important to place a pharmacy in an accessible, crowded place: For pedestrians, accessibility is 1 km - no more.

For car 5 km. A pharmacy organization on the facade must display a certain sign that distinguishes the pharmacy from other organizations.

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A pharmacy organization must have a sign indicating the type of organization:

2) Pharmacy kiosk

4) Organizational legal form of the company name

6) Working hours, addresses, telephone numbers of nearby duty pharmacies. In accordance with the Law of the Republic of Belarus "On Languages", the signs are duplicated in the state language of the republic.

The sign must be made in font (type name), the size of which allows you to clearly distinguish the inscription at a distance of 25 meters at any time of the day. A pharmacy organization provides assistance to people at night, must have an illuminated sign with information about working at night, indicating opening hours. Call to call the employees of the pharmacy organization. When a pharmacy organization is closed for sanitary work, repairs or in connection with this, it is notified in an announcement on the front door 5 days before closing.

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Pharmacy organizations have centralized systems power supply, heating, water supply, exhaust ventilation and sewerage.

The main task of the pharmacy organization is to provide the population with drugs (including homeopathic ones) and other pharmacy products. The number of drugs registered and approved for medical use in Russia is increasing every year and as of 01.01.2010 it was more than 18 thousand items. The Ministry of Health and Social Development of Russia annually publishes State Register medicines, containing typical clinical and pharmacological articles (instructions for use) for drugs. The assortment of pharmacy organizations includes both original drugs (for the first time synthesized and completed a full cycle of drug research, the active ingredients of which are protected by a patent for a certain period), and generic drugs (reproduced drugs, interchangeable with a patented analogue and brought to the market after the expiration of the patent protection of the original) . Very often, the concept of "original drug" is identified with the concept of "drug - brand".

The concept of “original (trade) name” of a non-investigative drug, which is a proprietary name registered to protect the right of its exclusive use only by the company that owns the trademark or patent for this name (and not active substance). For example, only the Bayer company has the right to produce acetylsalicylic acid under the name "aspirin". If trade names (trademarks) designate the final product, then international non-proprietary names (INN) are used to designate active pharmaceutical substances, otherwise, generic or common names that can be used as public property without any restrictions, since no one is the owner of the rights to their application.

INN must be indicated on the packaging of both the original and generic drugs sold under the trade (brand) name.

List of goods sold through pharmacy organizations.

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The list of goods (except drugs) sold through pharmacy organizations is established by OST 91500.05, “Rules for the release (sale) of medicines in pharmacy products in pharmacy organizations. Basic provisions" and Art. 55 of the Federal Law "On the Circulation of Medicines".

medical devices (in particular, items for patient care, medical equipment, including prophylactic purposes, diagnostic tools, therapeutic and prophylactic underwear, hosiery, bandages, items for child care, first aid kits, etc.);

items (means) of personal hygiene (in particular, skin and hair care products, aromatic oils, etc.);

optics (in particular, finished glasses, glasses care products, etc.);

mineral waters (natural and artificial);

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medical, children's and dietary nutrition (in particular, dietary supplements);

cosmetic and perfumery products;

items and means intended for the care of newborns and children under the age of three years;

utensils for medical purposes;

medical and health education printed editions intended for propaganda healthy lifestyle life.

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Some of these products are called parapharmaceutical products. These are products of an additional pharmacy assortment, related drugs and medical devices, intended for the prevention of diseases, alleviating the human condition, caring for body parts. These include: cosmetics, sanitary and hygienic products, patient care items, juices, mineral waters, dietary and baby food, spectacle optics, reference and educational literature.

Pharmacy organizations are currently included in the nomenclature of healthcare institutions (Order of the Ministry of Health and Social Development of Russia dated October 7, 2005 No. 627) and at the same time are included in accordance with all-Russian classifier to trade organizations; when selling the above goods, they are guided by the rules of retail sales that apply to all trade organizations.

Pharmacy retail rules

Retail pharmacy assortment includes sales, dispensing, pharmaceutical consulting. Retail sale of pharmacy products is carried out in pharmacy organizations.

Pharmacy organization - an organization, a structural subdivision of a medical organization engaged in retail trade in medicines, storage, transportation, manufacture and distribution of medicines for medical use.

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Addresses, phone numbers and working hours of pharmacy organizations throughout the Russian Federation can be found on the website http://apteka-address.rf.

In accordance with Federal Law No. 61 "On the Circulation of Medicines", pharmacy organizations can sell (pharmaceutical assortment goods):

medications;
medical products;
disinfectants;
items and means of personal hygiene;
utensils for medical purposes, items and means intended for the care of the sick, newborns and children under the age of three years;
spectacle optics and care products;
mineral waters, products of medical, children's and dietary food;
biologically active additives;
perfumery and cosmetics;
medical and health education publications designed to promote a healthy lifestyle.

For the provision of pharmaceutical consulting services, it is allowed to allocate a special area, including for waiting for consumers, with the installation or designation of special restraints, and the organization of seats. When selling medicines, a pharmaceutical worker is not entitled to hide from the buyer information about the availability of other medicines that have the same international non-proprietary name and prices for them relative to the requested one.

In the trading area (trading floor) of the pharmacy organization, in a place convenient for viewing, there are:

a copy of the license for pharmaceutical activities;
a copy of the license for the circulation of narcotic drugs, psychotropic substances and their precursors, the cultivation of narcotic plants (if any);
information about the impossibility of returning and exchanging pharmacy goods of good quality;
other documents and information that must be brought to the attention of buyers.

At the request of the buyer, the pharmaceutical worker must familiarize him with the accompanying documentation for the goods, containing for each item of goods information on the mandatory confirmation of conformity in accordance with the legislation of the Russian Federation on technical regulation (certificate of conformity, its number, its validity period, the authority that issued the certificate, or information about declaration of conformity, including its registration number, its validity period, the name of the person who accepted the declaration, and the body that registered it).

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These documents must be certified by the signature and seal (if any) of the supplier or seller, indicating the address of its location and contact phone number.

Retail trade in pharmacy products that are not related to medicinal products may be carried out by employees who do not have a pharmaceutical education or additional vocational education in terms of retail trade in medicines in case of their work in separate subdivisions(outpatient clinics, feldsher and feldsher-obstetric stations, centers (departments) of general medical (family) practice) medical organizations licensed to carry out pharmaceutical activities and located in rural settlements in which there are no pharmacy organizations.

Each retailer must have a book of reviews and suggestions, which is provided to the buyer at his request.

Rules for the retail sale of medicines

Characteristics of the main legal documents regulating the sale of medicines through pharmacies. Opening hours of state municipal pharmacies. Basic rules for communication between a pharmacist and a dissatisfied customer, return of goods.

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The quality of drug supply to the population in the conditions of market relations largely depends on the strict implementation of the rules of trade in the retail sale of medicines, medical devices and other goods from pharmacies: pharmacies, pharmacy points, pharmacy kiosks, pharmacy stores. The relevance of this problem is due to the fact that so far, taking into account the requirements of newly developed federal laws and regulations, there are no rules for the retail trade of medicines, medical products and other goods sold from pharmacies, which would reflect the requirements for the seller - pharmacy institution and to the buyer - a citizen who purchases these goods in pharmacies for personal use, and not for the purpose of making a profit.

1. Rules for retail trade in medicines, medical devices and other goods sold by pharmacies

These rules are developed in accordance with the Fundamentals of the Legislation of the Russian Federation on the Protection of the Health of Citizens, the Federal Laws "On Medicines", "On the Protection of Consumer Rights" and regulate relations between buyers and sellers in the retail trade of medicines, medical devices and other goods sold by pharmacies.

1. Buyer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal (domestic) needs, not related to making a profit.

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The seller is a pharmacy institution, regardless of the legal form.

2. The mode of operation of state municipal pharmacy institutions is established by decision of the executive authorities of the constituent entities of the Russian Federation and local governments, respectively. The mode of operation of pharmacy institutions of a different organizational and legal form is established by them independently. The mode of operation of the seller is brought to the attention of buyers.

3. The range of goods offered for sale, the list of services provided, as well as the forms of service are determined by the seller in accordance with the profile of his activity.

4. The seller is obliged to comply with the requirements established by the current legislation of the Russian Federation in the field of pharmaceutical activity and retail trade.

5. The seller must have the necessary premises, equipment and inventory to ensure the safety of the quality and safety of medicines, medical devices and other goods during their storage and sale, and comply with the appropriate terms of trade.

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6. The seller is obliged to have a book of reviews and offers, which is provided to the buyer at his request. It must be in a conspicuous place and be drawn up in accordance with the requirements for this document.

7. These Rules, as well as the procedure for dispensing medicines, are brought by the seller in a clear and accessible form to the attention of buyers.

8. The seller is obliged to bring to the attention of the buyer the name of his organization, its location (legal address) and mode of operation, placing the specified information on the signboard of the organization. The seller, registered as an individual entrepreneur, must, in addition, provide the buyer with information on state registration and the name of the body that registered it. The seller must provide information on the number and validity period of the license for the right to sell medicines and medical devices and other goods sold by pharmacies to the public, as well as on the authority that issued it. The specified information is placed in places convenient for acquaintance of buyers.

9. Information about medicines, medical devices and other goods should be in Russian, if necessary, in the official languages of the republics within the Russian Federation or in the languages of the population of the given area.

10. Information about the name and price of sold medicines, medical devices and other goods is provided to buyers by placing goods on display windows. Medicinal products for internal use are placed separately from drugs for external use. Within these groups, medicines are arranged according to therapeutic criteria (cough medicines, heart medicines, headache medicines, etc.). Vitamins, organic preparations, disinfectants, medicinal herbs, dressings, items for patient care, sanitation and hygiene, small tools and optics are placed separately in showcases. Medicinal products requiring special accounting and storage conditions are not subject to display cases.

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11. The seller is obliged to ensure the availability of price tags on sold medicines, medical devices and other goods indicating the price in rubles and kopecks, the date, and the signature of the financially responsible person.

12. The buyer has the right to check the correctness of the price. Responsibility for the compliance of prices on the package with the price in the documents lies with an official appointed by order of the head of the pharmacy.

13. When dispensing medicines, the seller is obliged to inform the buyer about the rules for taking and storing medicines.

14. At the request of the buyer, the seller is obliged to provide additional information about medicines, medical devices and other goods:

Shelf life or service life, if any;

Warranty period, if it is established for a specific product;

Information about the main consumer properties of the goods;

Rules and conditions for the effective and safe use of the goods.

15. When selling medicines, medical products and other goods subject to mandatory certification, the seller, if necessary, brings to the attention of the buyer information about the certification of goods. To confirm the fact of certification, the seller must have one of the following documents:

A copy of the certificate certified by the holder of the original certificate, a notary or certification body that issued the certificate;

Shipping documents issued by the manufacturer or supplier on the basis of the original certificate or its certified copy and the content for each name of medicines, medical devices and other goods, information about the availability of the certificate, indicating its number, validity period and the authority that issued the certificate. Shipping documents must be certified by the signature and seal of the manufacturer or supplier, indicating his address and telephone number.

16. Prices for medicines, medical devices and other goods sold by the seller, as well as other conditions of sale, must be the same for all buyers. Payment for dispensed medicines and medical devices is made by the buyer for the full cost in cash through a cash register or taking into account benefits for certain categories of buyers in accordance with the current legislation of the Russian Federation. The seller is obliged to issue to the buyer a cash or sales receipt, or other document certifying the purchase. The sales receipt shall indicate the name of the seller, the name of the goods, their quantity, price, date of sale and the name of the person who sold the goods.

18. It is prohibited to accept from individuals any preparations and substances of medicines for the manufacture of medicines, packaging and their sale.

19. Medicines, goods for the prevention and treatment of diseases at home (sanitary and hygiene items made of metal, rubber, textiles and other materials, tools, equipment, medical oral hygiene products, spectacle lenses, child care items) of adequate quality sold to the buyer are non-refundable.

20. In the event of the sale to the buyer of goods of inadequate quality, which was discovered when the buyer opened the package at the place of purchase, or in the event that hidden defects in the goods were established, the buyer has the right to demand an exchange for a similar product or a refund of the amount paid for the specified goods upon presentation of a cash receipt issued by the seller.

21. The buyer's claims are considered only upon presentation of a cash receipt, and for goods for which warranty periods are established, a cash receipt and a technical passport or other document replacing it.

22. The terms for the seller to satisfy the buyer's requirements are determined in accordance with the current legislation of the Russian Federation.

23. When replacing a product of good quality with a product of a similar brand, the price of the product is not recalculated.

24. When replacing goods of inadequate quality with the same goods of a different brand (model, article), if the price of the goods to be replaced is lower than the price of the goods provided in exchange, the buyer must pay the difference in prices. If the price of the goods to be replaced is higher than the price of the goods provided in exchange, the difference in prices shall be paid to the buyer.

25. The seller is obliged to provide a high culture of customer service in compliance with the norms of pharmaceutical deontology and ethics.

26. For non-fulfillment or violation of these Rules, the seller is liable in accordance with the current legislation of the Russian Federation.

trade pharmacy pharmacist

2. Return and exchange of goods

Undoubtedly, any pharmacy organization had to deal with situations when the buyer remained dissatisfied and declared his consumer rights - the very ones that are protected by the Law of the Russian Federation of February 7, 1992 No. 2300_I "On Protection of Consumer Rights". How to apply the current legislation without prejudice to the consumer and the pharmacy? The first thing a pharmacist begins to communicate with a dissatisfied customer is to present a claim to the latter. One, for example, bought the wrong product and wants to change it, another complains about the quality, the third is not satisfied with the price, the fourth asks to show him a certificate. When a buyer makes a claim, the pharmacist needs to understand where the real claims to the quality of the goods are, and where the emotions of the person that interfere with understanding the situation. In any case, the claim cannot be ignored. Regardless of what it is based on, it is necessary to take all possible measures to resolve it. Not returnable? An ever-relevant issue for a pharmacy is the return of goods by the buyer. The legislator has established certain rules for the return of goods, depending on its quality. These rules apply to both medicines and medical equipment.

Consider the conditions for returning goods in some typical cases.

Situation 1. The buyer bought two packs of drugs, but after visiting the doctor he realized that he had bought one extra pack, and decided to return the drug back to the pharmacy. Or, for example, in another case, the buyer decided to exchange thermal underwear that did not fit him in size. In this case, the law is on the side of the pharmacy. Paragraph 1 of Article 25 of the Law "On Protection of Consumer Rights" gives the buyer the right to exchange a non-food product of good quality for a similar product from the seller from whom the product was purchased, but did not fit in shape, dimensions, style, color, size or configuration. The period for such a replacement is set at 14 days, not counting the day of its purchase. At the same time, Article 25 of the Law "On Protection of Consumer Rights" provides for the possibility of restricting such a consumer's right legal act Government of the Russian Federation, approving the list of goods not subject to exchange. Decree of the Government of the Russian Federation of 19.01.1998 No.? 55, as amended. dated January 27, 2009, the List of non-food products of good quality that cannot be returned or exchanged for a similar product of other sizes, shapes, dimensions, styles, colors or configurations was approved. This list includes medicines, including knitted underwear. Therefore, goods for the prevention and treatment of diseases, medical devices and equipment, hygiene products, medicines of good quality cannot be returned or exchanged.

What to do? Do not accept the goods back - the refusal can be motivated by the fact that this is prohibited by law. Some pharmacies post a link to the above Ordinance in front of the checkout to warn customers of their responsibility to buy a good quality product.

Situation 2. The buyer bought an expired drug and filed a claim. Definitely, the law is on the side of the buyer. According to paragraph 5 of Art. 5 of the Law "On Protection of Consumer Rights" and clause 2.7. Rules for dispensing medicinal products for medical use pharmacy organizations(approved by order of the Ministry of Health of the Russian Federation dated March 4, 2003 No. 80), the sale of goods after the expiration date, as well as goods for which the expiration date has not been set, is PROHIBITED. What to do? Change drug. Apologize 10 times, and then immediately sound the alarm and find out how such a drug got on sale. In this case, claims can come not only from buyers, but also from inspection authorities, and not only for the sale of the medicinal product, but also for the discovery of an expired drug on the sales floor (subject to gross violation license requirements). For a gross violation of licensing requirements, the pharmacy faces administrative liability under Part 4 of Art. 14.1. Code of Administrative Offenses of the Russian Federation up to the suspension of activities (as an example, see the Resolution of the Ninth Arbitration Court of Appeal dated January 26, 2011 N 09AP-32955/2010_AK).

Situation 3. Return of medical equipment. Consumers are endowed with extensive rights in the event of the purchase of low-quality goods. Often, claims are related to the operation of medical equipment, such as blood pressure monitors or glucometers. In the event of the sale of a low-quality product, the legislation gives the buyer broad rights, including: replacement for a product of a similar brand (model, article); replacement for the same product of another brand (model, article) with a corresponding recalculation of the purchase price; refusal to fulfill the contract of sale and return of the amount paid for the goods. These and other rights are listed in Art. 475 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), art. 18 of the Law "On the Protection of Consumer Rights" and in paragraph 27 of the Rules for the sale of certain types of goods (approved by Government Decree No. 55 of 19.01.1998).

What to do? First, check the device again. In practice, complaints about the quality of medical equipment are often unfounded. So, an elderly woman turned to one pharmacy, who said that the tonometer was not working. When checking, it turned out that she used the tonometer incorrectly - that is, she simply did not insert the batteries. In another case, the buyer pressed the lock button, as a result of which the device did not work. Such problems can be corrected by the pharmacist on the spot.

Situation 4. The buyer purchased a serviceable device, but handled it carelessly or used it for other purposes. In this case, the seller is not obliged to accept the goods from the inaccurate buyer. If, during the check at the pharmacy, it was confirmed that the device is faulty, then in the event of a dispute about the causes of the fault, offer the buyer to transfer the product for examination. However, paragraph 5 of Art. 18 of the Law "On Protection of Consumer Rights" obliges the seller to conduct an examination at his own expense. When accepting goods for examination, I propose to draw up an act. I advise you to provide for the obligation of the buyer to reimburse all expenses of the pharmacy for examination (including transport and other similar ones) if the defects in the goods arose due to circumstances for which the seller is not responsible (this obligation of the consumer is also provided for in Article 18 of the Law "On Protection of Consumer Rights" ). If the examination showed that the malfunction did not arise through the fault of the buyer, then the pharmacy (by the decision of the consumer) must accept the product and return the money for it, or replace the product with a quality one.

Situation 5. During the warranty period, a breakdown of medical equipment occurred, and the buyer demands to provide him with a similar device for the period of repair. If medical equipment is not included in the List of durable goods that are not subject to the buyer's requirement to provide him free of charge for the period of repair or replacement of a similar product, approved by Government Decree No. 55 of January 19, 1998, the pharmacy must provide the buyer with other similar equipment ( device) to be replaced during the repair. Right on time! The consumer protection law defines the terms for returning goods of inadequate quality. So, in accordance with paragraph 6 of Art. 18 of this Law, you can return the goods during its warranty period or expiration date. If the buyer has purchased a product for which the expiration date is not set, then it can be returned within a reasonable time, which should be understood as two years from the date of purchase (clause 1, article 19 of the Law "On Protection of Consumer Rights", clause 2, art. 477 of the Civil Code of the Russian Federation). According to Art. 21 of the Law "On Protection of Consumer Rights", in the event that the buyer discovers defects in the goods and presents a demand for its replacement, the seller is obliged to replace such goods within seven days from the date of presentation said requirement by the consumer, and if necessary, an additional check of the quality of such goods by the seller - within 20 days from the date of presentation of the specified requirement.

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