Lucinda Creighton (Dublin South East, Fine Gael)
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Question 108: To ask the Minister for Health and Children the action she will take to ensure pharmacies are passing on the benefits of savings of the price of commonly used drugs to non medical card holders. [36995/10]

Mary Harney (Dublin Mid West, Independent)
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I have introduced a number of measures in the past year to reduce the costs of drugs and medicines for both the State and consumers. These measures have included a reduction in the wholesale and retail mark-ups under the Financial Emergency Measures in the Public Interest Act 2009 and new price agreements with IPHA (Irish Pharmaceutical Healthcare Association) and APMI (Association of Pharmaceutical Manufacturers in Ireland) which have reduced the price of hundreds of the most commonly prescribed off-patent medicines by 40%. Cumulatively these measures are expected to deliver savings to the State of over €200m in 2010.

I was most concerned to learn that some pharmacists were not passing on the benefits of these price and margin reductions to those patients whose expenditure on drug purchases are not met by the Health Service Executive e.g. persons whose monthly expenditure is below the €120 per month threshold under the Drugs Payment Scheme.

I have raised this matter with the Irish Pharmacy Union. It is disappointing that some pharmacists are withholding the benefit of the lower prices from some of their customers. The public deserve better in these difficult economic times.

The Code of Conduct for Pharmacists issued by the pharmacy regulator (the Pharmaceutical Society of Ireland) requires pharmacists, amongst other things, to provide honest, relevant, accurate, current and appropriate information to patients regarding the nature, cost, value and benefit of medicines, health-related products and services provided by them. Every pharmacist has an obligation to comply in full with the statutory Code of Conduct. Patients have every right to ask a pharmacist the reasons for the price they are being charged and if dissatisfied can, if they so choose, transfer their custom to an alternative pharmacy.

Lucinda Creighton (Dublin South East, Fine Gael)
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Question 109: To ask the Minister for Health and Children the sanctions applicable to pharmacies for not complying with the code of conduct for pharmacists; and if she will make a statement on the matter. [36996/10]

Mary Harney (Dublin Mid West, Independent)
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The Code of Conduct to which the Deputy refers was drawn up by the Pharmaceutical Society of Ireland in accordance with sections 7(2)(a)(iii) and 12 of the Pharmacy Act 2007 as amended. Under section 33 of the Act a breach of this code of conduct by registered pharmacists constitutes professional misconduct.

Sections 35 and 36 of the Act set out the grounds upon which a complaint can be made against a registered pharmacist and a registered retail pharmacy business respectively. Under section 36 of the Act, a complaint may be made about a pharmacy on the grounds that the pharmacy owner, an employee or partner of the owner has been convicted of an offence under medicines, pharmacy or controlled drugs legislation or that these persons have been convicted of other offences or committed misconduct of such a nature that if the person were a pharmacist the Council would be likely to refuse to register the person.

Part 6 of the Act sets out the procedures to be followed in relation to a complaint against a registered pharmacist or registered retail pharmacy business. If it is found that a complaint has been substantiated against a pharmacist or pharmacy, section 48 of the Act sets out the sanctions that may be imposed by the Council of the PSI which include: admonishment or censure, attachment of conditions to the registration of a pharmacist or pharmacy, suspension of a pharmacist's or pharmacy's registration for a period of time, or cancellation of a pharmacist's or pharmacy's registration. If the Council proposes to attach conditions to, suspend or cancel the registration of a pharmacist or pharmacy, an application must be made to the High Court to confirm the application of these sanctions.