Medications: The Ministry of Health Tightens the Distribution Circuit

In early October, the Ministry of Health and Social Protection issued three circulars aimed at restoring order in the legal distribution and sale of medications in Morocco.

These new directives remind private clinics and similar establishments of their obligation to comply with the provisions of Law 17-04 on the medicine and pharmacy code, enacted in 2006.

The circulars, addressed to the Ministry of the Interior, the General Secretariat of the Government, healthcare facilities, sector professionals, the Moroccan Agency for Medicines and Health Products, and the Moroccan Agency for Blood and its Derivatives, aim to put an end to certain illegal practices observed on the ground that violate the regulatory framework and have been the subject of complaints from community pharmacists.

Overall, these practices include purchasing medications at the public sale price (PPV) from industrial establishments, the direct sale of medications in clinics, invoicing these sales at PPV instead of the hospital price (PH) as required by law, and distributing non-medicinal products for uses outside the clinic.

Other reported violations: the absence of a responsible pharmacist for the clinic’s medication reserve and similar establishments, and non-compliance of medication storage with safety and product traceability standards.

The Ministry of Health reminds clinics of the obligation to source directly from pharmaceutical establishments at the hospital price.

The supervising authority also prohibits discounts on the PH and the sale of pharmaceutical products to patients. Clinics must maintain only the necessary stocks for their specific needs and are required to dispense medications only to hospitalized patients.

A response to pharmacists, but…

These measures partially address the demands of community pharmacists, who have been denouncing unfair competition for several years—yet the tone within their ranks remains critical.

Thus, without mincing words, the Confederation of Moroccan Pharmacists’ Unions strongly criticizes the ministry’s approach: “We do not see the purpose of these circulars, which are merely a reminder of the provisions of Law 17-04 on the pharmacy and medicine code, enacted in 2006! And it should be noted that other ministers have published the same circulars.” They add: “The ministry is content to recall the law without taking real action on the ground. These circulars are welcome, but they will change nothing on the ground if the ministry does not move to the next step: effective oversight. Clinics and hospitals must be inspected to verify the application of the law.”

Medication professionals are thus calling for concrete actions, particularly through regular inspections and sanctions in case of violations. Note that sanctions are provided for by Law 17-04 in its Articles 134 and 135, which stipulate a fine of 5,000 to 50,000 dirhams and a prison sentence ranging from 3 months to 5 years for the illegal practice of pharmacy.

Furthermore, Article 140 of the same law states that failure to place the management of the clinic’s medication reserve under the responsibility of a duly authorized pharmacist, and the dispensing—whether free or for a fee—of medications for treatments not provided by the clinic, result in a fine of 10,000 to 50,000 dirhams. In case of repeat offense, the fine is doubled.

Additionally, community pharmacists are also calling for the establishment of a restrictive list of medications distributed in clinics and clarification of each actor’s role in the distribution chain, to preserve transparency and ensure patient safety—as well as to put an end to the unfair competition waged by clinics and other similar establishments, which, the Confederation emphasizes, “continues to undermine the financial health of pharmacies.”

It is clear that for pharmacists waiting for action, the time for circulars is over. Will the supervising ministry lend an ear?