32. Subject to section 33, a pharmacist may require deterrent fees from a person for whom the cost of medications is assumed by the Board, where:
(a) the cost of the medication prescribed exceeds the median price; and where
(b) the person refuses to have the prescribed medication substituted by a medication with the same generic name, form and content, the cost of which is equal to or less than the median price.
The person must pay the deterrent fees to the pharmacist on the pharmacist’s request.
The amount of deterrent fees to be paid must not exceed the difference between the cost indicated in the List of medications for the medication furnished and the median price assumed by the Board in accordance with the List.
The median price on the List of medications is the price of the product situated at the median of a distribution of products within the same generic name, form and content.
R.R.Q., 1981, c. A-29, r. 1, s. 32; S.Q. 2020, c. 6, s. 54.