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(NAR) VOL. 21 NO.3 JULY - SEPTEMBER 2010

[ FDA MEMORANDUM CIRCULAR NO. 2010-012, July 08, 2010 ]

REPUBLIC ACT NO. 9442 AND ITS IMPLEMENTING RULES AND REGULATIONS



WHEREAS, Republic Act No. 9442, otherwise known as “An Act Amending Republic Act No. 7277, otherwise known as the ‘Magna Carta for Disabled Persons and For Other Purposes’,” was signed into law by President Gloria Macapagal-Arroyo on 30 April 2007.

WHEREAS, pursuant to Chapter 8, Section 32 (c) of RA 9442, persons with disability shall be entitled to “at least twenty percent (20%) discount for the purchase of medicines in all drugstores” for their exclusive use or enjoyment.

WHEREAS, the Department of Health issued Administrative Order No. 2009-0011 or the “Guidelines to Implement the Provisions of Republic Act 9442, otherwise known as “An Act Amending Republic Act No. 7277, for the provision of medical and other related discounts and special privileges.

WHEREAS, the National Council on Disability Affairs reported that there are many drug outlets that refuse to honor the entitlement of persons with disability to the twenty percent (20%) discount as provided by law.

WHEREFORE, all drug outlets, non-traditional drug outlets, and all concerned are enjoined to strictly comply with Republic Act No. 9442 and its Implementing Rules and Regulations. Non-compliance thereof shall merit the imposition of appropriate sanctions as provided by law, to wit:

“Section 46. Penal Clause. – (a) any person who violates any provision of this Act shall suffer the following penalties:

    xxx

Upon filing of an appropriate complaint, and after due notice and hearing, the proper authorities may also cause the cancellation or revocation of the business permit, permit to operate, franchise and other similar privileges granted to any business entity that fails to abide by the provisions of this Act.

Violations of Chapter 8, Section 32 (c) of RA 9442 may be reported to the Food and Drug Administration, Civic Drive, Filinvest Corporate City, Alabang, Muntinlupa City.

Violations may also be reported to the Centers for Health Development Regional Offices, and the Food and Drug Regulation Officers are directed to verify reports and thereafter forward the Reports of Violation to this Office.

For information and guidance of all concerned.

(SGD.) NAZARITA T. TACANDONG, RPh, MPA
  Acting Director IV



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