Page 62 - 81_04
P. 62

another Member State of the European Union. In this case,       Carlos del Castillo Rodríguez, María Jesús Lozano Estevan
the sale must follow the Spanish law, as well as the
enforceable one in the country of destination.                  deal with the problem of illegal purchase of medicines
                                                                through telematics channels that in many cases are the
    On the other hand, it is important to highlight the         entry mechanism of the reported counterfeit medicines.
problems that may arise at the time of the medicines
delivery. The pharmacist in charge of dispensation of           3. CONCLUSION
medicines is the person responsible of this expedition
which may only be sent from the pharmacy responsible                The counterfeiting of medicines is a major problem
for the dispensation, indicating, among others, data and        worldwide, affecting in varying degrees to all countries.
expenses of mailing, and the address.                           Adequate legislation and clear definition concerning
                                                                counterfeit medicine is necessary. Today we need a
    It is also important that after delivering the medicine in  harmonized at international level in terms of definition of
the address where the user has indicated, refunds are not       counterfeit medicine, although various attempts to carry
permitted unless the medicines have been delivered by           out coordination at the local level to be necessary to ensure
mistake, do not correspond with the order or have been          adequate regulation, control and research. There are
damaged during the transport.                                   several initiatives at both international and European
                                                                Union level to eradicate counterfeit drugs. In this paper we
    With regard to means of payment, the web can offer          have analyzed European standards and the various national
different ways according to the needs of the author. These      and international strategic plans that have been established
means can be: a) credit/debit card; b) bank transfer; c)        to try to resolve this emerging problem.
payment gateways; d) cash on delivery payment.
                                                                    In our view, it is necessary to provide more
    In addition, we should consider that when dispensing        information to patients and healthcare professionals about
non-prescription medicines, the pharmacist is using             the risk involved in the use of these drugs. It is essential to
Internet technology. Consequently, he/she must know that        raise awareness of irrigation there to buy drugs by
such mean facilitates the transmission of information and       telematics ways, since there is a possibility that they are
transactions but at the same time it is important to know       false.
that this is a mean that requires the development and use of
a series of measures to take advantage of all abilities it can  4. REFERENCES
eventually provide.
                                                                1. Bombillar Sáenz F.M. Intervención administrativa y
    On the one hand, pharmacies should have a technology             régimen jurídico del medicamento en la Unión
infrastructure (hardware and software) for dispensingnon-            Europea. Tesis doctoral. Granada: Universidad de
prescription medicines for human use through websites . In           Granada 2010.
addition, the infrastructure developed for the website of
the pharmacy must ensure the availability of services           2. Valverde J.L. Challenges Faced by Drugs in Current
offered during the period established for it, as well as an          Society. Leadership Medica 1999; 20: 44-57.
adequate level of usability, presenting structured
information so that it offers easy, intuitive and fast          3. Valverde J.L. Bases para un estatuto jurídico mundial
navigation.                                                          de los medicamentos. In: Barranco Vela, R, Bombillar
                                                                     Sáenz F. El acceso al medicamento. Retos jurídicos
    The records of purchases and forms exchanged                     actuales, intervención pública y su vinculación al
between the user and the pharmacy during the purchase                derecho a la salud. Granada: Comares 2011; pp.13-14.
process should be stored in a secure system that guarantees
that the information is kept for a minimum period of two        4. Zamora H, Granda E, González C. Cómo están
years (the maximum required by law).                                 contempladas las garantías de abastecimiento. In:
                                                                     García, M. Curso básico de Derecho farmacéutico.
    The information used in dispensing through websites of           Madrid: Ed. Instituto de Legislación farmacéutica S.L.
non-prescription medicines for human use is related to the           2014; pp.326-333.
user's health. For this reason there must be included
security measures described in Royal Decree 1720/2007           5. On line: http://www.noticas-
(21), of 21 December, which approves the Regulation                  medicas.com/items/view/16179. [Date of research:
implementing Organic Law 15/1999, of 13 December (22),               June 23rd 2015].
on the Protection of Personal Data. It is also
recommended conducting a daily backup of the system and         6. Real Decreto Legislativo 1/2015, de 24 de julio, por el
of the users and purchases data recorded on the web. Thus,           que se aprueba el texto refundido de la Ley de
the legal compliance of service record will be guaranteed            garantías y uso racional de los medicamentos y
for at least two years against possible failures.                    productos sanitarios. Boletín Oficial del Estado, 25 de
                                                                     julio de 2015, n. 177.
    All these requirements are not a simple list of
exigencies to enable the performance of these services. It      7. OMS. Medicamentos falsificados. Pautas para la
is an effective and safe way to ensure users/patients the            formulación de medidas para combatir los
accessibility to non-prescription medicines for human use            medicamentos falsificados. On line:
through Internet and to regulate exhaustively this sale to           http://apps.who.int/medicinedocs/es/d/Jh2968s/

    332                                                         8. Online:
                                                                     http://register.consilium.europa.eu/pdf/es/09/st16/st16

                                                                         @Real Academia Nacional de Farmacia. Spain
   57   58   59   60   61   62   63   64   65   66   67