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Draft Law on Amendments to Article 19 of the Law of Ukraine “On Medicinal Products” regarding electronic retail trade of medicinal products

On July 14, 2020, the Verkhovna Rada of Ukraine adopted as a basis draft law No. 3615-1 , which proposes to introduce electronic trade in medicinal products in Ukraine based on the practice of the European Union.

For many years, the Association has consistently advocated the introduction of online trade and delivery of medicines in Ukraine, because this international practice significantly improves both the financial and physical availability of medicines for patients, and also provides new opportunities for the development of various areas of socially responsible business in this field.

Draft Law No. 3615-1 contains a list of provisions aimed at protecting the rights and safety of patients. Information about the licensee’s right to carry out electronic retail trade in medicinal products must be contained in the Licensing Register for the production of medicinal products (under the conditions of a pharmacy), wholesale and retail trade in medicinal products of the licensing authority. Also, the licensee must be included in the list of entities that have the right to carry out electronic retail trade of medicinal products, which is maintained and posted on the website of the licensing authority. The website of the business entity must necessarily contain: information on the contact details of the licensing body, state control bodies for the quality of medicinal products; the logo displayed on each of its pages and clicking on which takes the consumer to a link to the list of entities. There should be its own courier service, equipment and facilities that ensure compliance with the manufacturer’s storage conditions for medicinal products during their transportation, or the involvement of other business entities on a contractual basis. The sale of prescription drugs is provided only under the condition of providing an e-prescription.

We would like to remind that on 23.03.2020 the Cabinet of Ministers of Ukraine adopted Resolution of the Cabinet of Ministers of Ukraine dated 23.03.2020 No. 220 “On Amendments to the Licensing Conditions for Conducting Business Activities for the Production of Medicinal Products, Wholesale and Retail Trade of Medicinal Products, Import of Medicinal Products (except for active pharmaceutical ingredients) “, published on April 11, 2020. By the specified decision, permission was granted for the period of quarantine to carry out trade in medicinal products and related goods remotely. It is also allowed to organize and carry out delivery directly to consumers in compliance with the storage conditions of medicinal products specified by the manufacturer during their transportation.