Deregulation of over-the-counter medications: why various provinces will not apply it

The decision of Government to deregulate the marketing of over-the-counter medications generated rejection in various provinces, which have already announced that they will not adopt the measure indoors. Buenos Aires, Santa Fe, Córdoba and Mendoza These are some of the districts that detached themselves from decree 1024/2024 published in the Official Gazette this week.

Specifically, The initiative enabled kiosks and supermarkets, among others, to offer over-the-counter medicationswhile pharmacies, which had exclusivity, will be able to place them on their shelves. The announcement generated rejection from both pharmacy associations and some provincial administrations.

“Sanitary dangerous”

One of the first to express his opposition was the Minister of Health of the province of Buenos Aires, Nicholas Kreplak. Through his social networks, the official described the decree as “sanitary dangerous” and assured that ““does not help to solve any of the current problems, mostly generated by this same Government.”

Kreplak, who already starred in several short circuits with the national Health portfolio, now in charge of Mario Lugones, considered that the arguments presented to deregulate the trade of over-the-counter medicines “reflect ignorance on the subject. “The danger of free sale and use without professional advice is underestimated. In addition, there is talk of preserving temperature and humidity conditions as a bureaucratic link when it is essential for its use,” he launched.

He also commented that the measure “does not generate price competition either, for which they could promote the indication by generic name” and that these are medications that do not defund the system, such as high-cost ones that the Government does not regulate and are the most expensive in the world. Finally, Kreplak said that the decree was “thought from CABA” and was not debated in the Federal Health Council (COFESA), in which the 23 provinces and CABA participate, while anticipating that it will not apply in the PBA, which has its own pharmacy law.

“All the measures on medicines that the national government took only generated more out-of-pocket expenses for people, benefits for the industry and health danger for society. There is no good argument. “Deregulation is harming the lives of millions,” concluded the Buenos Aires minister.

“Absolute discordance”

Another district that has its own legislation in this regard is Santa Fe. There, the head of the local College of Pharmacists, Miriam Monasteroloalready anticipated that the measure will not be applied. “We are in absolute disagreement with this decree. Since the beginning of the year, the pharmaceutical profession has been challenged by a series of decrees, decisions and DNU that directly attack the profession but also the consumer, the patient who needs medication,” the professional commented to LT10.

Monasterolo recalled that Santa Fe “It has its own provincial legislation regarding health.” “Medicines, regardless of their status of sale, whether free or under prescription, in the province of Santa Fe are dispensed only in pharmacies,” he added. At the same time, he pointed out that over-the-counter medications are not “harmless”, since “they have a lot of contraindications, interactions with other medications and with foods, so just because a medicine is over-the-counter does not mean that “it can be put on a gondola and taken like any merchandise.”

“Free sale means that it does not require medical intervention, but it does have to have an intervention from a pharmaceutical professional, who always accompanies the patient, guides him, tells him if he should take it or not,” ended.

“Nothing about that announcement applies”

A similar scenario occurs in Cordovawhere the president of the local College of Pharmacists, German Danielealso rejected the measure. “In Córdoba none of that announcement applies. We have a provincial law, ratified in the Legislature a few months ago by Resolution 3897/24, where it was passed by 79 votes in favor and one abstention, thus ratifying law 8302 that governs our activity, which is clear in this regard. It says that medications, even over-the-counter ones, can only be dispensed in authorized pharmacies,” he told Radio Miter Córdoba.

Daniele further maintained that “Looking for a kiosk to be the solution to a health problem seems to me to be an ill-advised measure” and explained that the decree will govern CABA, Corrientes, Neuquén and Tierra del Fuego, Antarctica and the South Atlantic Islands, districts that do not have their own law for the sector. Finally, he noted that the main causes of kidney poisoning, terminal in some cases, are due to improperly used ibuprofen and paracetamol.

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The associations that bring together pharmacists reject the deregulation of over-the-counter medications.

The same thing happened in Mendozawhere the local school recalled that provincial law 7,303 and regulatory decree 355, which regulate the activity, are currently in force. For this reason, the national decree has no influence. Months ago, the governor Alfredo Cornejo made public its intention to import medicines from India, with the approval of the Nation. However, the initiative was blocked by a conflict of legal responsibilities and powers involving the province, the national government and the National Administration of Medicines, Food and Medical Technology (ANMAT).

In Tucumán and Salta, at the same time, professional groups also warned that the measure will not be applied. In the first case, provincial law 5,483 governs, while in the second legislation 7,539 applies.

Decree 1024/24 was prepared by the Minister of State Deregulation, Federico Sturzeneggerand for his Health pair, Mario Lugonesand signed by the president Javier Milei. The Government argued that it aims to “cut the asymmetry of information regarding drug prices and favor the free choice of citizens.”