DOH Department Circular No. 0428-12

December 28, 2012 DOH DEPARTMENT CIRCULAR NO. 0428-12 TO : All Undersecretaries, Assistant Secretaries; Directors of Bureaus, Centers for Health Development, Service and Specialty Hospitals; Drug Manufacturers and Drug Distributors, Traders, and Wholesalers; Hospital Pharmacies; Drugstores and Retail Establishments Selling Drugs and Medicines; and Others Concerned SUBJECT : Clarification on Certain Provisions of Administrative Order No. 2010-0032 Dated October 10, 2010 Re: Guidelines and Mechanisms to Implement the Provisions of Republic Act No. 9994, Otherwise Known as "The Expanded Senior Citizens Act of 2010", on the Sale of Medicines, and the Sharing of the 20% Senior Citizens' Discount The Department has received numerous queries and complaints on certain provisions of Administrative Order No. 2010-0032 dated October 10, 2010. Accordingly, in the interest of public service and for the orderly implementation of Republic Act No. 9994, otherwise known as "The Expanded Senior Citizens Act of 2010", the Department hereby issues clarification on the following provisions of A.O. No. 2010-0032: EaSCAH I. On Section IV, Definition of Terms 1. Section IV.8. The definition for the following are clarified to wit: Distributor/Importer/Exporter refers to any establishment that imports or finished pharmaceutical products for wholesale distribution to other licensed establishments or outlets. If the distributor/importer exporter sells to the general public, it shall be considered a retailer. Manufacturer/Distributor refers to any establishment engaged in any and all operations involved in the production of health products which includes the preparation, processing, compounding, formulating, filling, packaging, repackaging, altering, ornamenting, finishing, and labeling with the end in view of its storage, sale, or distribution. Distributor/Wholesaler refers to any establishments that procure raw materials, active ingredients, finished products or medicines from a local establishment for local distribution on wholesale basis. Section IV.10. Retailers. refers to licensed establishments (Drugstores/Pharmacies, Hospital Pharmacy) carrying on the business of both selling on a wholesale and retail business of sale of medicines directly to consumers as based on the License to Operate (LTO) issued by the FDA. II. On Section VI 1. On Required Documentation The following requirements shall be submitted by the Retailer to the Distributor/Manufacturer, Wholesaler or Wholesaler-Retailer to substantiate the sales made on retail to the Senior Citizens, to wit: (a) Store branch (b) Date (c) Senior Citizen ID No. for non-hospital based drugstores For hospital pharmacies the following documents may be presented in reference with Section II Definition of Terms No. 10 of AO No. 177-2004 ACETID 1.) Senior Citizen ID No., 2.) Passport and other documents that establish that the senior citizen or elderly person is a citizen of the Republic and who is at least sixty (60) years of age (d) OR No./Invoice No. or Bill No. for hospitals (f) n Product Name (g) Quantity Sold (h) Sales with VAT (i) 20% SCD (j) 12% VAT (k) Amount paid All claims shall be made only up to six (6) months from the date of the transaction as reflected in the invoice. The data submitted by the Retailer may be subjected to audit by the Manufacturers, Distributors, Wholesalers or Wholesaler-Retailers. The cooperation of all concerned stakeholders is hereby enjoined. STcHEI (SGD.) ENRIQUE T. ONA, MD Secretary of Health n Note from the Publisher: Copied verbatim obtain from the original copy.