Health (Pricing and Supply of Medical Goods) Act 2013
Number 14 of 2013
HEALTH (PRICING AND SUPPLY OF MEDICAL GOODS) ACT 2013
REVISED
Updated to 14 September 2022
This Revised Act is an administrative consolidation of the Health (Pricing and Supply of Medical Goods) Act 2013. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Electoral Reform Act 2022 (30/2022), enacted 25 July 2022, and all statutory instruments up to and including the Health (Miscellaneous Provisions) (No. 2) Act 2022 (Commencement) (No. 2) Order 2022 (S.I. No. 452 of 2022), made 14 September 2022, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 14 of 2013
HEALTH (PRICING AND SUPPLY OF MEDICAL GOODS) ACT 2013
REVISED
Updated to 14 September 2022
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, collective citation and commencement.
Interchangeable Medicinal Products
Establishment and maintenance of List of Interchangeable Medicinal Products
4. Establishment, etc. of List of Interchangeable Medicinal Products.
5. Maintenance of List of Interchangeable Medicinal Products.
6. Action to be taken by Board where it makes decision under section 5.
Duties of pharmacists in relation to prescriptions for interchangeable medicinal products under branded name
Duties of pharmacists in relation to prescriptions for interchangeable medicinal products under common name
Miscellaneous
12. No liability of pharmacist, etc., for substitution.
13. Clinical exemptions to substitution.
14. Community pharmacy contractors who participate in relevant schemes.
15. Pharmacist’s discretion not to dispense is preserved.
Dispensing of Medicinal Products under Common Name where they are not Interchangeable Medicinal Products
Items that may be Supplied to Patients under section 59 of Act of 1970
Establishment and maintenance of Reimbursement List
17. Establishment, etc. of Reimbursement List.
18. Maintenance of Reimbursement List.
19. Action to be taken by Executive where it makes decision under section 18.
Executive may attach conditions to supply of listed items
20. Conditional supply of listed items.
Setting of relevant prices for items and listed items
21. Relevant prices of items and listed items.
22. Action to be taken by Executive where it makes decision under section 21.
Executive to have discretion to supply non-listed items to certain patients
23. Supply of items not on Reimbursement List.
Reference Pricing
24. Reference price for listed items which fall within group of interchangeable medicinal products.
25. Action to be taken by Executive where it makes decisions under section 24.
26. Reference prices and patients, etc. who decline or agree substitution.
Miscellaneous
27. Appeals to High Court against relevant decisions of Board or Executive.
28. Power to specify form of documents.
30. Amendment of section 59 of Act of 1970.
31. Amendment of section 1 of Health (Miscellaneous Provisions) Act 2001.
33. Amendment of Dentists Act 1985.
34. Amendment of section 57 of Medical Practitioners Act 2007.
35. Amendment of section 55 of Nurses and Midwives Act 2011.
36. Amendment of section 3 of Irish Medicines Board Act 1995.
Procedural Provisions Relating to Certain Decisions of Board or Executive under this Act
Decisions of Board under section 5
Decisions of Executive under section 18
Decisions of Executive under section 21
Decisions of Executive under section 24
Substitution of subsections (2) and (3) of section 18 where section 18(4) or (5) Applies
Criteria Applicable to Items and Listed Items for Purposes of Executive Making Relevant Decision under section 18
Criteria Applicable to Medicinal Products
Criteria Applicable to Medical Devices, Foodstuffs for Particular Nutritional Uses and Dietary Foods for Special Medical Purposes
General Criteria
Acts Referred to
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1985, No. 9 |
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2001, No. 14 |
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1970, No. 1 |
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1995, No. 29 |
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2007, No. 25 |
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2011, No. 41 |
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2007, No. 20 |
Number 14 of 2013
HEALTH (PRICING AND SUPPLY OF MEDICAL GOODS) ACT 2013
REVISED
Updated to 14 September 2022
AN ACT TO ESTABLISH A LIST OF GROUPS OF INTERCHANGEABLE MEDICINAL PRODUCTS WHICH MAY BE SUBSTITUTED FOR EACH OTHER IN ORDER TO ENABLE SAVINGS TO BE MADE FOR PATIENTS OR THE HEALTH SERVICE EXECUTIVE, OR BOTH, WHERE THE LOWER PRICED MEDICINAL PRODUCTS ARE SUPPLIED, TO ESTABLISH A LIST OF DRUGS, MEDICINES AND MEDICAL AND SURGICAL APPLIANCES WHICH MAY BE SUPPLIED UNDER SECTION 59 OF THE HEALTH ACT 1970, TO ESTABLISH MECHANISMS TO SET THE PRICES OF SUCH DRUGS, MEDICINES AND MEDICAL AND SURGICAL APPLIANCES WHERE THEY ARE SO SUPPLIED, TO RENAME THE IRISH MEDICINES BOARD, TO PROVIDE FOR THE CONSEQUENTIAL AMENDMENT OF OTHER ENACTMENTS; AND FOR RELATED MATTERS.
[28th May, 2013]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: