Generics Act of 1988

Generics Act of 1988

Republic Act No. 6675

Duties and responsibilities of physicians:

Indicate the generic names of all drugs prescribed whether through a personal prescription pad or doctor’s order sheet in the hospital chart.

Generic name must always be written first before a brand name (which is optional and placed in parenthesis).

Penalty for violations:

1^st conviction: reprimand

2^nd conviction: fine P 2,000 to P 5,000

3^rd conviction: fine P 5,000 to P 10,000 and suspension of license

Effect on PhilHealth Reimbursement:

No reimbursement for drugs not prescribed according to the Generic Acts.

Statement of Policy:

To promote, encourage and require the use of generic terminology in the importation, manufacture, distribution, marketing, advertising and promotion, prescription and dispensing of drugs;

To ensure adequate supply of drugs with generic names at the lowest possible cost and endeavor to make them available for free to indigent patients;

To encourage the extensive use of drugs with generic names through a rational system of procurement and distribution;

To emphasize the scientific basis for the use of drugs in order that health professionals may become more aware and cognizant of their therapeutic effectiveness and

To promote drug safety by minimizing duplication in medications and/or drugs with potentially adverse drug interactions.

A.) Any person who shall violate Section 6 (a) or 6 (b) of this Act shall suffer the penalty graduated hereunder, viz:

1. for the first conviction, he shall suffer the penalty of reprimand which shall be officially recorded in the appropriate books of the Professional Regulation Commission.

2. for the second conviction, the penalty of fine in the amount of not less than two thousand pesos (P2,000.00) by not exceeding five thousand pesos (P5,000.00) at the discretion of the court.

3. for the third conviction, the penalty of fine in the amount of not less than five thousand pesos (P5,000.00) but not exceeding ten thousand pesos (P10,000.00) and suspension of his license to practice his profession for thirty (30) days at the discretion of the court.

B.)  Any judicial person who violates Sections 6 c, 6 (D) 7 or 8 shall suffer the penalty of a fine of not less than five thousand pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00) and suspension or revocation of license to operate such drug establishment or drug outlet at the discretion of the Court:  Provided, That its officers directly responsible for the violation shall suffer the penalty of fine and suspension or revocation of license to practice his profession.  if applicable, and by imprisonment or not less than six (6) months nor more than one (1) year or both fine and imprisonment at the discretion of the Court: and Provided, further, That if the guilty party is an alien , he shall be ipso facto, deported after service of sentence without need of further proceedings.

C. ) The Secretary of Health shall have the authority to impose administrative sanctions such as suspension or cancellation of license to operate or recommend suspension of license to practice profession to the Professional Regulation Commission as the case may be for the violation of this Act.