Legal basis and amended subject
- BFAD Memorandum Circular No. 24, s. 1994 amends Memo Circular No. 4, s. 1994, specifically Rule V (D).
- The Circular frames its discount mechanics in reference to Republic Act No. 7432 (the Senior Citizens Act).
- The Circular implements requirements tied to the Generics Law, stating that only complete prescriptions complying with it shall be honored.
Policy and purpose on senior discount compliance
- The Circular establishes that senior citizens are entitled to a minimum discount of 20% on medicines for personal use and personal needs.
- The Circular requires documentary controls and recordkeeping to enable monitoring and control of discount availment.
- The Circular limits discount privilege access to protect the benefit for the senior citizen, making it non-transferable and exclusive to the senior citizen.
Minimum 20% discount on medicines
- A senior citizen is entitled to a minimum of twenty percent (20%) discount in the purchase of medicine for personal use and based on personal needs.
- In buying medicines, the senior citizen or the senior citizen’s duly authorized representative must present the national identification card, the purchase slip booklet approved by the OSCA Chairman, and a doctor’s prescription for prescription drugs.
- For non-prescription or over-the-counter drugs, the quantity purchased must be commensurate to the elderly person’s needs.
- Discount privileges are limited so that they operate as a benefit of the senior citizen.
Senior ID, purchase slip booklet, and prescriptions
- The Circular requires each individual senior citizen to have a purchase slip booklet to reflect the senior citizen’s record of availment of the discount privilege.
- The purchase slip booklet becomes available through the local OSCA on a voluntary basis starting September 1994.
- The Circular mandates that the use of the purchase slip booklet by senior citizens becomes mandatory beginning January 1, 1995.
- The purchase slip booklet must be presented by the senior citizen (or authorized agent) to the drugstore, together with the senior citizen’s OSCA Identification Card.
- Prescription content must include the usual details required in a doctor’s prescription, including the doctor’s name, the doctor’s PTR number, the patient’s name, the generic name of the medicine prescribed, and other required particulars.
- Only complete prescriptions that fully comply with the Generics Law shall be honored.
Quantity limits and chronic condition exception
- As a general rule, a single dispensing must not be more than one (1) week supply.
- When drugs are for chronic conditions requiring continuous use for more than a month, a maximum of one month supply may be dispensed at a time.
- Chronic conditions specifically include: anti-hypertensive, anti-diabetic, anti-angina, anti-thyroid, anti-parkinsonism, anti-arthritis, anti-TB, anti-neoplastic, anti-psychotic, hormonal drugs for prolonged use, and dietary supplements.
- The chronic condition exception applies when continuous use is for more than a month.
Records and BFAD/BIR inspection requirements
- Whether the medicine is prescription or over-the-counter, the drug outlet must record the following in a special record book for Senior Citizens Discount provided under Republic Act No. 7432:
- the name, address, national I.D. number of the senior citizen;
- the generic name of the drug/medicine; and
- the number of units dispensed.
- Drugstores are required to maintain only one special record book that is registered and subject to inspection by both the BFAD and BIR.
- For partial filling, the drugstore pharmacist must:
- indicate the quantity partially filled in the special record book; and
- indicate the unfilled balance on the prescription.
- The senior citizen must retain the partially filled prescription and present it later to complete the prescribed quantity.
Special dispensing rules for prescription access
- Senior citizens who cannot afford the consultation fee of a private doctor must consult at a government health center/hospital.
- Such consultations at a government health center/hospital allow senior citizens to obtain a prescription free of charge.
Discount interaction with promotional prices
- Drug outlets offering special discounted prices less than 20% of the regular retail prices of drugs may deduct the percentage discount of the Promotional Campaign from the total 20% discount required by Republic Act No. 7432.
- The rule ensures that a total discount of 20% for senior citizens is still observed even when promotional discounts are present.
Non-transferability and exclusivity
- Senior citizens’ discount privileges are non-transferable.
- Senior citizens’ discount privileges are limited and exclusive for the benefit of the senior citizen.
Enforcement, reporting, and mandatory compliance
- All drug outlets are enjoined to comply with the Circular’s rules, including:
- drugstores;
- hospital pharmacies (government or private); and
- retail outlets for non-prescription drugs.
- FDROs are instructed to report non-compliance when evidence of commission or omission warrants reporting.
Supersession and effectivity
- The Circular provides that its revised BFAD Implementing Rules and Regulations of RA 7432 supersede all previous circulars on the same subject matter.
- The Circular takes effect 15 days after its publication in a national newspaper.