Voluntary implementation of the price information code of practice
September 2008
The Price Information Code of Practice (the Price Code) came into effect in all States and Territories other than Queensland - on a voluntary basis - on 1 February 2007. The Price Code already legally applied in Queensland at that time.
From 25 February 2008, the Price Code also legally applied in New South Wales.
Price information code of practice (pdf,93kb)
Contents
- Interpretation
- Purpose
- Application
- Who may provide price information
- Responsibility for compliance with this code
- Methods for provision of price information
- General requirement prohibiting promotion
- Price information to include a sufficient number of products
- Description of medicines
- Information to accompany price information
- Presentation of price information
- Information that may not accompany price information
The Price Code sets out the conditions for the publication of prices of medicines listed in Schedules 3, 4 and 8 of the Standard for the Uniform Scheduling of Drugs and Poisons (SUSDP) <http://www.tga.gov.au/ndpsc/susdp.htm>. The Code does not regulate the provision of price information for medicines that are permitted to be advertised, such as over-the-counter medicines in Schedule 2 of the SUSDP, medicines in Schedule 3 that are in Appendix H of the SUSDP, or medicines that are exempt from scheduling.
It had been intended that the Price Code would remain in place on a voluntary basis until it was given legal underpinning through legislation developed as part of the proposed Australian New Zealand Therapeutic Products Authority (ANZTPA). Following the postponement of negotiations between the Australian and New Zealand Governments to establish the joint regulatory scheme in July 2007, consideration is now being given to providing legal underpinning through alternative means.
The Price Code formalises the TGA's advisory documentation on the publication of price information (first published in 2000) and provides clearer advice for advertisers.
The Price Code was released for stakeholder consultation in May 2004. The Regulation Impact Statement <http://www.tga.gov.au/meds/rispicop.htm> (the RIS) includes a description of the comments received. The RIS assisted the National Coordinating Committee on Therapeutic Goods (NCCTG) to determine the most appropriate regulatory mechanism for the provision to consumers of price information about the categories of medicines specified above. The Price Code was one of three regulatory options considered in the RIS. Concerns were expressed by some stakeholders regarding the need for caution in permitting price information to be published on medicines that are at a higher risk of misuse or abuse. Accordingly, the Price Code includes provision for Schedule A as a list of substances which cannot be included in a price list, where it has been demonstrated that inclusion on a price list will lead to a higher risk of abuse or misuse. NCCTG members have recommended that this list should be reviewed 12 months after formal implementation.
Complaints relating to price information will continue to be addressed under the current arrangements for handling advertising-related complaints. Refer to the flowchart below.
Flowchart: Proposed complaints resolution process relating to price information (pdf,14kb)