Draft Law No 164627-6 On Amending Article 34 of Federal Law On Awarding Contracts for the Delivery of Goods, and the Provision of Works and Services for State and Municipal Needs was submitted by Federation Council Member Boris Shpigel and State Duma Deputies Rustem Khairov and Irek Boguslavsky.
The Government has reviewed this draft federal law.
The draft federal law proposes amending Part 34 of Article 34 of the Federal Law On Awarding Contracts for the Delivery of Goods, and the Provision of Works and Services for State and Municipal Needs, hereinafter referred to as federal law, and stipulates the possibility of listing in the relevant auction-and-tender documents the trademarks of medications for patients with an atypical course of disease, main-disease complications and/or associated diseases during the prescription of dangerous combinations of medications and also during intolerance towards medications only by a decision of a medical board. The medical commission’s decision shall be registered in the medical documents of the concerned patient and in the order book of the commission. At the same time, the words “or an equivalent” shall not be used.
Under Part 34 of Article 34 of the Federal Law (as amended by the Federal Law No 122-FZ dated July 20, 2012, which entered into force on July 23, 2012), the relevant auction-and-tender documents may list the trademarks of medications, in case any specific auction or tender stipulates the delivery of medications listed among medications that are delivered to customers under contracts stipulating their respective trademarks. At the same time, the words “or an equivalent” shall not be used. The above list shall be approved under a procedure stipulated by the Government.
Considering the lack of practical enforcement of this legal provision, it would be premature to amend Part 34 of Article 34 of the Federal Law.
At the same time, it should be noted that the legislation of the Russian Federation does not limit the customer’s ability to purchase medications under their trademarks, if it is impossible to replace a medication for any specific patient under medical indications, including contra-indications for taking specific medications, as stipulated by medical documents. In this connection, the customer independently decides on the purchase of any specific medication with due account for the relevant medical documents, for a patient with undesirable symptoms and complications during the use of medications with other trademarks under one international nonproprietary name (generic name). The volume of purchases shall not exceed demand for such a specific medication.
It should also be noted that the specification of the relevant medication procurement mechanism in these cases is stipulated by the draft federal law No 68702-6 On the Federal Contracts System in the Sphere of Goods, Works and Services Purchases, which was approved by the State Duma on June 20, 2012 in the first reading. And it would be appropriate, while considering it in the next reading, to examine the relevant amendment being stipulated by the draft law.