A-29, r. 5 - Regulation respecting the application of the Health Insurance Act

Section 33 Disposition versions

2021-01-25

33. No deterrent fees may be paid by a person for whom the cost of medications is assumed by the Board or may be claimed by a pharmacist, where:

(a)  the prescriber has indicated on the prescription in handwriting that another medication may not be substituted for the medication prescribed;

(b)  the List of medications does not indicate the median price for medications with the same generic name, form and content as the medication prescribed;

(c)  the medication prescribed appears as an appendix to the List of medications as medication for which the median price method does not apply for therapeutic reasons; or

(d)  the pharmacist furnishes the person with medication from a Québec supplier on the following conditions:

i.  the cost of the medication exceeds the median price assumed in accordance with the List by no more than 10% for all medication with the same generic name, form and content as the medication prescribed;

ii.  the number of pharmaceutical products from Québec suppliers for the medication is less than half of the medication the cost of which is equal to or less than the median price assumed in accordance with the List for the medication.

A special entry is made on the List for medication that meets the conditions prescribed in the first paragraph.

R.R.Q., 1981, c. A-29, r. 1, s. 33; S.Q. 2020, c. 6, s. 55.

2012-09-01

33. No deterrent fees may be paid by a person for whom the cost of medications is assumed by the Board or may be claimed by a pharmacist, where:

(a)  the physician or dentist who wrote the prescription has indicated on the prescription in handwriting that another medication may not be substituted for the medication prescribed;

(b)  the List of medications does not indicate the median price for medications with the same generic name, form and content as the medication prescribed;

(c)  the medication prescribed appears as an appendix to the List of medications as medication for which the median price method does not apply for therapeutic reasons; or

(d)  the pharmacist furnishes the person with medication from a Québec supplier on the following conditions:

i.  the cost of the medication exceeds the median price assumed in accordance with the List by no more than 10% for all medication with the same generic name, form and content as the medication prescribed;

ii.  the number of pharmaceutical products from Québec suppliers for the medication is less than half of the medication the cost of which is equal to or less than the median price assumed in accordance with the List for the medication.

A special entry is made on the List for medication that meets the conditions prescribed in the first paragraph.

R.R.Q., 1981, c. A-29, r. 1, s. 33.