They don't give medicines to complain about. How to get free medicines for a beneficiary - what to do and where to complain if there are no medicines on discount in a pharmacy? The procedure for issuing medicines is as follows
If you are having difficulty getting subsidized medicines(queues in clinics, lack of medicines in the pharmacy) - do not give up. Believe that you will succeed, and be patient! The state provides for the possibility of obtaining free medicines for certain categories of the population. But people do not always know how to defend their rights, get the guarantees that they are entitled to under the law.
Disabled people and veterans of the Second World War, disabled people of groups I and II, disabled children have the right to preferential purchase of medicines. It is this category of citizens that medicines are financed by the federal budget. In addition, children under the age of 3 years have the right to preferential medicines (if the family has many children, then up to 6 years). However, this information is often hushed up honey. clinic and hospital staff. Each individual region has a list of citizens who are entitled to preferential treatment. There are also a number of diseases in the presence of which a citizen has the right to preferential treatment. At the same time, his status, age does not play a role. These diseases include tuberculosis, AIDS, diabetes etc. Sometimes benefits are assigned on a permanent basis, sometimes - temporarily (for example, after a myocardial infarction, a citizen can count on free treatment for six months). To receive preferential medicines, you need to visit a doctor, show him:- a document according to which you are entitled to preferential treatment (pension certificate, veteran's certificate);
- a certificate from the Pension Fund confirming that you have not refused a social package that includes preferential treatment (for the disabled);
- SNILS;
- OMS policy.
Victoria Ryzhkova. Photo: Ksenia Ivanova
"Copper people" and their trouble
Victoria Ryzhkova is the coordinator of the Nochlezhka charity organization in St. Petersburg, which helps the homeless. But recently she had to do something that is not related to the problems of homelessness - to coordinate the supply of the drug "Kuprenil" throughout Russia.
In January 2015, Victoria was diagnosed with a rare disease - Wilson-Konovalov disease. In people with this disease, copper is not excreted from the body. If a person is not treated correctly, he will slowly and painfully die - all organs gradually fail.
There are not very many "copper people" in Russia - less than 700 people, but this does not make it any easier for them. It becomes easier only from the regular use of the drug "Kuprenil", which helps to remove copper from the body.
"Kuprenil" refers to vital drugs, it is released free of charge. But in March of this year, he disappeared from Russian pharmacies.
It turned out that the pharmaceutical company Teva, which produces the drug, moved production from Poland to Israel, and Russian legislation required re-registration of the drug. Because of this, public procurement fell through, and those suffering from Wilson-Konovalov's disease were left alone with the question: where to get Kuprenil?
Fantastic warehouse "Kuprenila"
Victoria Ryzhikova: “I feel that soon my apartment turned into a fantastic warehouse.” Photo: Ksenia Ivanova
Victoria Ryzhkova had a supply of medicine - she bought it six months in advance. So she began to share with those " copper people”, who had nowhere to get “Kuprenil” - the only way to get it at that time was delivery from abroad.
Colleagues in misfortune found each other through social networks. “I seem to have recognized most of the Wilsons from Russia (about 400 people. - Ed.), - Victoria wrote in July. - And it all started with the fact that someone otmonitorili my post about "Kuprenil" in "VKontakte". And he asked what was happening with the wheels in Belarus and Ukraine. Then I began to monitor VK. Since March, people have been looking for “Kuprenil”, they are ready to buy it for any money, just to live, many Konovalov residents are deteriorating, deteriorating greatly, up to seizures. People are screaming for help and are essentially slowly dying. She sent “Kuprenil” from her stocks to Tyumen and Krasnoyarsk - very sharp. She told the rest, whom she found, where to buy and how to transport.
The drug was delivered from Ukraine and Belarus by Victoria's friends, ahead of time the stocked pink tablets of "Kuprenil" were shared among themselves by other "wilsonites" - this is how Victoria calls people suffering from an excess of copper in the body. Those whose condition was not yet critical refused life-saving medicine in favor of seriously ill patients.
“I haven’t seen anything like this anywhere,” Victoria wrote on Facebook. - It would seem that there are no drugs - sit down and don’t give your supplies to anyone. But no, we share them to the detriment of ourselves ... I feel that soon my apartment turned into a fantastic warehouse.
Her apartment, indeed, became a warehouse - from there the drug dispersed throughout the country. In addition, Victoria turned to the prosecutor's office with a request to find out why Kuprenil disappeared from their pharmacies, putting the lives of hundreds of people at risk.
In July 2016, drug supplies to Russia were resumed. At the end of August, the drug appeared in most Russian regions. This is how Victoria described it:
“My wilson children receive Kuprenil according to prescriptions in the Trans-Urals in Saransk and Saratov, in Rostov-on-Don, in Voronezh, in Yelets, in Belgorod, in Engels, Krasnodar and Volgograd, in Samara, Kazan and Omsk and probably somewhere else -then. And yes, it's a win. Thanks to everyone who wrote, reposted, imported and transported, to everyone who wrote out prescriptions, who bought pills for their own money, for the very poor. No state is needed when a person is a person.”
Now "Kuprenil" can be bought or obtained by prescription in Moscow and St. Petersburg.
What to do if the medicine is not in the pharmacy?
At the request of Viktoria Ryzhkova, Ekaterina Dikovskaya, a lawyer at Nochlezhka, developed instructions for patients on what to do if a vital medicine is not available at the pharmacy.
– Need to put prescription for deferred maintenance at the pharmacy. There it must be registered in the register of unsatisfied demand. Such a magazine should be in every pharmacy that dispenses medicines on preferential prescriptions.
– If the prescription is registered in the register of unsatisfied demand, it should not be left at the pharmacy. The patient takes it with him, but it must be marked with the acceptance of it for service: date of registration, pharmacy number, pharmacist's signature.
– After registering a prescription the pharmacy must form an application for the drug to the pharmaceutical company authorized for the supply of subsidized medicines to the region and provide the drug to the patient within 10-15 days.
– The patient can call the pharmaceutical company himself, which supplies subsidized medicines to the region, and find out if there is a required drug when it will be delivered to the pharmacy, for what reason it is not available. You can also notify the company that a prescription has been accepted for deferred service at a certain pharmacy (the pharmacy may not notify the company about the deferred prescription). The phone number of the pharmaceutical company can be found at the pharmacy.
– If 16 days have passed and the drug has not yet arrived at the pharmacy, you need to write a complaint to an authorized pharmaceutical company that you have not received a medicine at a discount.
You need to wait for a response, which may indicate that the Ministry of Health did not conduct scheduled tenders for the purchase of medicines or the medicine was not indicated in the specification for public procurement. The answer of the company will be the basis for going to court - based on the content of the answer, the defendant is determined: the Ministry of Health and Social Development, a pharmacy, a pharmaceutical company, etc.
– A medicine given to a patient free of charge under a preferential prescription, can be purchased at your own expense, and then demand payment of compensation from the pharmacy. To do this, you need to write a claim to the pharmacy with a request to compensate for the costs. If the pharmacy does not reimburse the money spent, you can go to court.
- Court may refuse to grant a claim for compensation Money if the drug is self-purchased and the prescription has not been put on deferred maintenance.
Despite the fact that quite a few citizens have a legal right to receive free medicines, pharmacy pharmacists either refuse to dispense medicines or declare that they are not available. necessary medicines. Roszdravnadzor has developed a clear algorithm for the actions of pharmacists in pharmacies that do not have the requested drug, but citizens do not know about it. In this article, we will tell you what to do if the pharmacy does not have discount medicines, how the pharmacy employee should act if the medicine is not available, how soon the medicines should be provided, and how and where to file a complaint.
Algorithm of actions of a pharmacy pharmacist in the absence of subsidized medicines
Important! According to the text of the Federal Law of August 22, 2004 No. 122-FZ, if a citizen has completed all the actions prescribed by law to receive free drugs (or drugs at a discount), that is, he has collected the necessary documents, contacted the clinic, received a preferential drug and came with it to the pharmacy on time to the pharmacy, which participates in the state program for providing citizens with preferential medicines, the pharmacy pharmacist is not entitled to refuse to dispense the drug.
If, on the date of the patient’s request, the pharmacy of the medicine he needs at a reduced price was not available, the pharmacist has the right to offer analogues to the citizen this medicine, the effect of which is completely similar to medicines prescribed by a doctor. But the pharmacist has no right to impose a replacement on the client. In case of refusal of substitute medicines, the pharmacist acts as follows:
- offers to apply to another social pharmacy located in the same locality, and with which this institution has an agreement;
- if the citizen refuses, he accepts a prescription for a preferential medicine from the citizen who applied;
- registers the fact of its receipt in a pharmacy journal, specially established for making records of cases of unsatisfied demand;
- assigns the citizen's appeal the status of "deferred service";
- enters information from the prescription form into the pharmacy computer program;
- sends a request to the supplier for medicines that are not available;
- waiting for a response from the supplier company about the presence or absence of the requested drug;
- if the medicine is brought, the pharmacist waits for the delivery, informs the patient about the availability of the medicine by phone;
- if the supplier does not have the medicines, the pharmacy purchases them independently at its own expense (expenses will be reimbursed to it later from the federal budget).
How soon the pharmacy will provide a discounted drug that is not in stock
If a citizen applied with a prescription to a social pharmacy, but it did not have the necessary medicine, Roszdravnadzor allows you to assign the status of “deferred service” to the application, take the patient’s phone number and call him back when the drug appears at the pharmacy. On decision this issue no more than 10 working days are given (that is, weekend pharmacies are not included in the calculation).
However, if the prescription for the drug is covered medical commission medical institution, it is allowed to provide it to a citizen within 15 working days.
What to do if the pharmacy does not have subsidized medicines - where to complain
Unfortunately, it happens that pharmacy pharmacists refuse to accept a prescription from a beneficiary at all or report that the required medicine is not available. For starters, you can complain about the pharmacist to the pharmacy manager. If this does not help, there are many more options to protect your rights:
| Where to go | Comment |
| Call the regional office of the Department of Health on the toll-free hotline. | Contact details are published on the official website of the Department of Health, and information can also be provided to the region's information service. |
| Explain the situation to the operators of the "hot line" of the regional Department of Pharmacy. | Phone numbers are also posted on the Department of Health website. |
| Write an email on the website of Roszdravnadzor. | You need to provide your current contact details, the address of the pharmacy. |
| Complain to the administration of the clinic, the doctor of which wrote the prescription. | At the reception you can find out the phone number and opening hours. |
| Leave a letter of complaint with the prosecutor's office. | The application must be accompanied by a photocopy of your passport, a prescription for medicine and a document entitling you to the benefit. |
What to do if the pharmacy does not have subsidized medicines
Here is how they comment on the situation with the refusal to issue preferential medicines lawyers. If a citizen is not provided with what he has the right to, the algorithm of actions should be as follows:
- It is necessary to record the fact of refusal to provide a medicine for which there is a special, correctly executed prescription. To do this, you first need to submit an application addressed to the head physician of the clinic where the drug was prescribed.
- If there is no response to the application, and the medicine suddenly appears in the pharmacy, or nothing happens at all for unexplained reasons, you should file a complaint with the regional department of the Ministry of Health or immediately with the Prosecutor's Office.
- If the pharmacy did not have subsidized medicines of vital necessity, or a refusal to issue them was received, you need to contact Rospotrebnadzor. The most effective way is to write a statement to the prosecutor.
Legislative acts on the topic
| Federal Law No. 122-FZ dated August 22, 2004 | On the monetization of benefits, on the list of citizens who receive medicines under free prescriptions |
| Order of the Ministry of Health and Social Development of the Russian Federation dated 01.01.2017 No. 1175 | Approval of the form of prescription forms for obtaining subsidized drugs |
| Appendix No. 3 to the Order of the Ministry of Finance of the Russian Federation of February 7, 2003 No. 14n | Requirements for a detachable prescription for prescription drugs |
Common Mistakes
Error: The pharmacy pharmacist called back the citizen, for whom subsidized medicines were not available on the date of the request, a month later.
The Supreme Court of the Russian Federation in its own pointed out the procedure for pharmacists if the pharmacy does not have the right medicine for the beneficiary. In such cases, the pharmacist is obliged to register the person who needs the medicine and guarantee to provide the necessary medicine within 10 days, and in urgent cases, do this within 48 hours. If there is such a possibility, the right drug can be replaced by a generic.
The basis for the decision of the Supreme Court was the complaint of a disabled woman from the Krasnoyarsk Territory, Irina Mushallaeva. When she went to the pharmacy for a drug for the treatment of cancer, it was not there. She had to buy the necessary medicine at her own expense, spending 95,550 rubles on it. Moreover, the pharmacy sent medical institution a letter in which she asked to withdraw the prescription, since the pharmacy stocks of this medicine ran out.
Irina Mushallayeva went to court demanding compensation for her treatment costs. The court of first instance sided with her, but the Krasnoyarsk Regional Court overturned the decision to recover damages. Then the woman appealed to the Supreme Court of the Russian Federation.
Instruction:
What should a patient with primary immunodeficiency do if the doctor does not write a preferential prescription?
The Supreme Court overturned the appeal decision and outlined the procedure if the pharmacy did not have the right medicine for the beneficiaries. In particular, the pharmacist is obliged to register him and guarantee the necessary medicine within 10 days, and in urgent cases, do this within 48 hours. If possible, the desired drug can be replaced with a generic drug.
The pharmacy must inform the supplier if the required medicine is not available. At the same time, the pharmacy does not have the right to ask to withdraw a prescription for a medicine, citing the fact that its stocks have run out.
On September 22, new rules for the sale of medicines in pharmacies came into force. Now it can be difficult or impossible to buy the right drug. Pharmacies require prescriptions and even store them. And the medicine may not be sold to relatives at all: they will ask for a power of attorney.
We have reviewed the new rules and will explain how they work. The order of the Ministry of Health is complex and incomprehensible even for pharmacists, so clarifications have already been issued to it. We also studied them.
As it was before?
Prescription drugs have always had to be sold by prescription. Each category has its own sales and accounting rules. Such drugs are marketed subject to strict federal requirements, but pharmacies have not always complied with them.
It used to be possible to take one prescription and buy as many medicines as you like with it. Doctors did not indicate the terms, and pharmacists did not pay attention to it. And they could take away prescriptions only in rare cases and for dangerous drugs.
No one followed the dosages of conventional sedatives and did not note on the prescription how much and when it was already bought. And often the recipe was not asked at all.
Even if you used to buy an antibiotic, sedative or medicine for your grandmother without a prescription, this does not mean that the drug is really on sale. Even common drugs are on the prescription list, and buying them can now be a problem.
As it is now? Where can I buy medicines?
It depends on whether a prescription is needed and what category the drug belongs to. There are several such categories, it is pointless to study them all in advance, but you need to keep in mind.
Narcotic and psychotropic drugs can only be sold by pharmacies with a special permit. Its limitations for immunobiological preparations: for example, a vaccine for vaccination of a child can only be bought at a pharmacy and pharmacy, and only if there is a thermal container. There are also differences in prescription forms.
If the doctor has prescribed a prescription medicine, it is better to find out in advance where you can buy it. And do not be surprised if some pharmacies do not sell the drug. This is not their whim, but the requirement of the law.
If a prescription is needed for a medicine, what should I do?
You need to get this prescription: otherwise the pharmacy will not sell the drug. Even if the medicine is needed urgently or it is taken constantly, and there is no time to go to the doctor, it still will not sell. Maybe in some cities there are pharmacies that manage to get around the rules, but it’s better not to count on this: the law is the law.
If you need a prescription for a medicine, you will have to present it at the pharmacy. And the pharmacy has the right to take this prescription if it is required by the new rules. That is, the second time to buy this medicine according to the same prescription will not work.
Recipes are also divided into several types. There are recipes for one time, urgent, for a free vacation and various others. The prescription may be valid for several days, months or a year. You can buy a prescription drug only while it is valid. The pharmacy can take it away permanently or return it with a note: how much and when sold, in what dosage and for how long this is enough.
Can I buy a spare? More antibiotics, painkillers and blood pressure pills.
No, you won't be able to buy in reserve now. According to the rules, the prescription will sell as much of the drug as prescribed by the doctor.
This should be monitored by pharmacists. Even if you ask the doctor for a prescription with a margin, the pharmacy will not sell that much, and even report a violation.
How do you know how long a prescription is valid?
Not all prescriptions have an expiration date. Some doctors do not pay attention to this, but pharmacists generally did not care: the main thing is that the prescription is.
Pharmacists must keep track of deadlines and report irregularities if they are found.
It turns out, now the recipe will be taken away? And you have to go for a new one every time?
Pharmacies must collect and store prescriptions for certain drugs. They are listed in paragraph 14 of the new rules. Read and check the medication instructions. Suddenly this is your case.
If you or someone in your family regularly takes these medicines, you will have to go for a new prescription for each batch. Even if these pills are needed all the time - for example, painkillers for a seriously ill person. Or sleeping pills and sedatives for regular use. The same situation with alcohol-containing drugs - the prescription will remain in the pharmacy.
Whether it is possible to write out a prescription not for one time, but for a long period, the doctor decides and pharmacies are checked.
If the prescription is issued for a year, will it also be taken away? Will I have to go to the same pharmacy all the time or get a new prescription every time?
No, this recipe will not be taken away. Although there are rumors that they are being taken away. Do not believe the rumors - read the law. They can pick it up only if the prescription was issued before September 22, and then the sales rules for this drug changed.
How to deal with prescriptions for a long time is written in paragraph 10 of the new rules.
When a pharmacy sells a prescription drug that is valid for a year, the pharmacist must note when and how much the drug was sold. And the prescription is returned. The next time, this prescription will be sold again in the right amount of the medicine: past sales will be taken into account and again put a mark.
When the prescription expires, you will no longer be able to buy the medicine with it. If the prescription is to be kept, the pharmacy will collect it. If you don’t need to store it, they will give it away, but you still won’t be able to use it.
What are the rules for the sale of vaccines?
The vaccine for vaccination will be sold only if the buyer has a thermal container. It is impossible to deliver it to the clinic in an ordinary bag: the vaccine will deteriorate and the vaccine will be useless.
You can buy a container directly at the pharmacy. These are additional costs that you need to consider: you will have to pay extra or go with your own. You cannot buy a vaccine in advance. You can store such drugs for a maximum of two days. If you are going to vaccinate your child with a paid vaccine, consider these restrictions.
By the way, you can’t buy a vaccine without a prescription either. You will first have to take a prescription from a doctor, then buy a drug on it and within 48 hours get back to the clinic - already for vaccination.
Sometimes it’s easier to sign up for a paid clinic: they will conduct an examination there, give a referral and do all the procedures at once. Or agree to a free vaccination with a cheap vaccine from the state.
