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The President of the Republic returned to the Government, without enacting it, the bill on drug prescriptions that establishes the mandatory indication of the drug’s generic name and, equally, the mandatory electronic issue of drug prescriptions.

Concerning this decision, the Presidency of the Republic publishes the following communiqué:

“The President of the Republic returned to the Government, today, without being enacted, the bill that establishes the mandatory prescription of drugs through the indication of its international common designation (ICD), as well as the mandatory electronic issue of drug prescriptions.

The bill allows that the prescription of the trade mark of the drug by the physician be substituted by the pharmacist, either by the generic drug or by another that is essentially similar, unless the prescription includes the respective technical justification.

The President of the Republic considers, in line with letters and views received in the Presidency of the Republic, that the effects of the regime whose approval is intended have not been duly appraised, particularly as to the lack of safety caused by the extent that may be reached in the systematic alteration of the drugs based upon the user’s option and on the availability of each trade mark.

On the other hand, the President of the Republic is of the opinion that, since this matter is currently being the subject of alterations in a parliamentary legislative procedure, it would extremely inconvenient that the users of the National Health Service, in such a sensitive issue, be faced with legislative instability resulting from eventual new changes.

With reference to the mandatory electronic prescription, its coming into force on the first day of the month following the publication of the bill is difficult to understand, since the regulation foreseen under article No. 7 of Decree-Law No. 106-A/2010, dated 1 October, which rightly established a reasonable delay between the publication of the referred regulation and the coming into force of mandatory electronic prescriptions, has not yet been published.

Considering that the lack of the electronic prescription will have as a consequence the non-subsidizing of the drugs at issue, it may be concluded that any difficulty in its being carried out will devolve upon the users the impossibility of obtaining the subsidy which is rightfully theirs.

The President of the Republic considers that users of the National Health Service and all citizens in general, will benefit from a rethinking of the new regime of drug prescriptions that, having in mind the contributions of the Government and of Parliament, will ensure that the changes will bring a clarification of procedures for physicians, pharmacists and, above all, for the safety of the sick who require medication and are able to obtain it in the best favourable conditions.

Palace of Belém, 8 February 2011"