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THE USE OF THIS PROGRAM AND ITS APPLICATION FOR MOBILE DEVICES IS VOLUNTARY AND AT THE PATIENT'S REQUEST TO THEIR PRESCRIBER OR BY THE PATIENT OR CARETAKER. AS IT IS THE PATIENT HAS THE FREE SELECTION OF THE PHARMACY AND PRESCRIBER OF HIS PREDILECTION. The patient may receive and process his/her prescription in the usual manner and by other means as provided for in Law 247-2004, as amended, the P.R. Health Insurance Code, the Patient Bill of Rights and its P.R. Regulations 7617, the P.R. Insurance Code and any other applicable federal and state laws (hereinafter LAWS).
MY COOPHARMARX is a platform to facilitate prescription processing, does not constitute or is medical attention or pharmaceutical care or advice. If you are experiencing a medical emergency, try to see a provider, facility, or emergency service, do not use or call My CoopharmaRx for that matter..
Neither MY COOPHARMARX nor its owner are or are affiliated with a health service organization, insurer, health plan.
This program and its mobile application may only be used to prescribe, request and dispatch a prescription for medicines in accordance with the following terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE MY COOPHARMARX.
Those are adopted regarding the release of medicines from Law No. 247-2004, as amended, known as the Pharmacy Act.
Medication administration: An act by which a dose of a medicinal product is used or applied in a human or animal by injection, inhalation, ingestion or by any other means, with authorization and in accordance with the indication or prescription made by a doctor, dentist, dentist, podiatrist or in the case of animals by a veterinary doctor , authorized to practice his profession in Puerto Rico. In the case of the administration of vaccines to humans, they may be administered by duly certified pharmacists, as provided for in this chapter.
Agent Representative: Any person authorized and registered by the Secretary of Health to represent a manufacturer or distributor of medicines in the marketing thereof, without storage, distribution or dispensing.
Artifact: Any object, item or instrument designed, prepared or manufactured for use in the diagnosis, healing, mitigation, treatment or prevention of diseases of humans or an animal in accordance with the laws of Puerto Rico and the United States.
Compose: Make, mix extemporaneously or reconstitute a drug according to the relationship between doctor, pharmacist and patient, complying with the requirements established by the Pharmacy Board and other regulatory agencies.
Pharmaceutical care or pharmaceutical care: Practice of the patient-centered, results-oriented pharmacy profession that requires the pharmacist to work together with the patient and others of his/her health care providers, to promote health, prevent disease and ensure that the patient's pharmacotherapy regimen is safe and effective, in order to help the patient achieve optimal quality of life in relation to their health.
Dispensing or dispatch: The action taken by the pharmacist to receive, verify, evaluate and interpret a prescription, select or compose, package, label and deliver the medicine or artifact to the patient or his authorized representative, including guiding and advising him on the proper use of the drug or the drug. With the pharmacy technician, the in-house pharmacy technician, as well as the pharmacy intern, available to you, you can perform some of these functions under the supervision of the pharmacist, except to verify the prescription and guide the patient. In the case of medicinal products for use in animals, it shall be carried out in accordance with the provisions of this Law 247-2004, as amended.
Drug: Any substance of animal, plant, mineral or synthetic origin, or combination thereof: (1) recognized in the official compendium of the United States Pharmacopoe d'Or, National Form, or Pharmacopoeic Pharmacopoeic of the United States; (2) or to be used in the diagnosis, cure, relief, treatment or prevention of a disease, injury or any other condition affecting the health of the human or other animal; (3) or to, without being food, be used to affect or evaluate the structure or function of the human or other animal's body; (4) or the components of any of the above.
Patient Pharmaceutical Record: A set of patient data collected in [sic] electronically or otherwise organized for the purpose of allowing the pharmacist to identify drug-related problems and document its interventions and the results obtained in the protection of the patient's health, safety and well-being.
Pharmacist: Any person duly authorized, in accordance with this chapter, to practice the profession of pharmacy in Puerto Rico.
Pharmacy: Establishment of a health service, physically located in the jurisdiction of Puerto Rico, authorized and registered in accordance with the provisions of this chapter, to engage in the provision of pharmaceutical services, including: the dispensing of prescription drugs, over-the-counter drugs, health-related devices and other products, the provision of pharmaceutical care and other services within the functions of the pharmacist set out in this chapter. Provided, the pharmacy may offer the public other services and products of lawful commerce, according to applicable laws.
Community Pharmacy: Any pharmacy dedicated to providing pharmaceutical services to outpatients and the general public.
Free pharmacy selection: The right of the patient to choose the pharmacy of his predilection voluntarily and without pressure from other people or institutions.
Drug or medicine or drug: Any drug in dosage form suitable for use in humans or other animals.
Prescription medicine: A drug that Puerto Rican or U.S. law requires to be dispensed by prescription, which will be dispensed by a pharmacist at a pharmacy duly authorized and registered by the Secretary of Health, or in the case of medicines for use in animals may also be dispensed by a veterinary physician duly authorized to practice his profession in Puerto Rico.
Over-the-counter medicine or medicine: A medicine that, in accordance with the laws of Puerto Rico or the United States, may be dispensed without a prescription.
Bioequivalent Drugs: Drugs classified by the Federal Food and Drug Administration (FDA) as therapeutically equivalent for containing the same active ingredients; be identical in their potency, dosage form and route of administration and have comparable bioavailability.
Radioactive or radiopharmaceutical drug: A drug or drug that exhibits spontaneous decay of unstable nuclei with the emission of nuclear particles or photons, including any non-radioactive or generator reactive product or item to be used in the preparation of such substance.
Patient: A natural person who is the final consumer of pharmaceutical services or in the case of animals, who is with whom the licensed veterinary doctor maintains a valid patient customer veterinary relationship under the rule of Law No. 247, above.
Person: Any natural or legal person, regardless of its name and the manner in which it is constituted.
Prescriber: Physician, physician, dentist, dentist, podiatrist, or veterinary physician authorized to practice in Puerto Rico in any other jurisdiction or territory of the United States, who issues the prescription or prescription to dispense medications to a patient with whom he has a valid professional relationship.
Protocol: Document to implement the written agreement between the doctor or group of physicians and the pharmacist, following the guidelines established by the Board, authorizing the Board to initiate or modify the pharmacotherapy of the patient for the purpose of managing collaboratively itself.
Prescription or prescription: Original written, issued and signed order, or generated and transmitted electronically by the prescriber in the normal course and legal exercise of his profession in Puerto Rico, or in any other jurisdiction or territory of the United States of America, for certain medicines or artifacts to be dispensed in compliance with the provisions of this chapter and the laws of the states of origin thereof. Similarly, you must comply with the requirements in law established under our jurisdiction in order to be legally waived. It will be mandatory for the doctor who issues it, to fulfill the professional responsibility of a true doctor-patient relationship. With the provision, that they may be repeated in Puerto Rico, subject to authorization of the prescriber, both recipes issued by physicians authorized to practice in Puerto Rico, as well as recipes issued by authorized physicians to practice in any of the states or territory of the United States of America, in accordance with the provisions of the secs. 2101 et seq. Title 24, known as the "Controlled Substances Act".
Prescription: The space or area of a pharmacy dedicated to the dispensing of medications and prescription devices.
Medical-Patient Relationship: It is the action by which a physician, as referred to in the section (vv) of the definitions of Law No. 247, above, assumes or has assumed responsibility for performing a clinical assessment and determination in relation to the health of the patient. It determines the need for medical treatment based on the general or preliminary diagnosis of the medical condition that merits it and shows evidence of being available to follow up in case of adverse reaction or failure in the therapeutic regimen. Understanding that a valid professional relationship cannot be established by telephony or electronic means only.
Authorized Representative or Representative: Legal guardian, relative or natural person of legal age designated and freely and voluntarily identified by the patient, to receive personally on their behalf the pharmaceutical services, complying with applicable laws and regulations regarding the confidentiality and privacy of the patient's protected health information. In the case of animals, it shall be understood as a representative or authorized representative to the bearer of the recipe.
Prescription generated and transmitted electronically: Means that prescription or prescription generated and transmitted electronically by a prescriber to the pharmacy that the patient freely selects, through a system that authenticates the electronic signature of the prescriber and ensures the safety of the transmission in accordance with applicable standards, laws and regulations. For the purposes of this chapter, the electronically generated and transmitted recipe shall also be known as a prescription or electronic prescription and shall constitute an original order, so a hand signed order will not be required.
Electronic Signature: Set of electronically formed data recorded in a message, document or transaction, integrated or logically associated with such message, document or transaction, which can be used to identify the signatory and indicate that the signatory approves and recognizes the information contained in the message, document or transaction.
Vaccine: Suspension of live, inactivated, or dead microorganisms, fractions of them or protein particles, which when administered induce an immune response that prevents a disease.
Vaccination or immunization: Means the administration of vaccines by the properly certified pharmacist, as provided for in this chapter.
Biological product: Medicines derived from living organisms and their products, such as serums, vaccines, antigens, antitoxins and others.
The above definitions may vary according to the provisions of the government by means of amended laws, revocation, or judicial determination, in addition to those orders or statutes enacted during an emergency. Other terms not mentioned or identified with particularity, their definition shall be in accordance with the special or general legislation applicable in accordance with the LAWS mentioned in this document or not defined therein, shall be defined in accordance with the definition in the chain of prescription and dispatch of medicinal products according to the use given by pharmacies, their staff and prescribers.
2. PERMISSION TO USE, PHARMACIES AND PRESCRIPTIONS
By using MY COOPHARMARX, you are governed by the terms and conditions in this document. The program and application or app, are the exclusive property of COOPHARMA (OWNER). The use does not grant any kind of property or right since the only right is the use for the prescription and dispatch of medicines as long as the OWNER authorizes it. MY COOPHARMARX is shared free of charge with third parties as prescribers and patients, where the latter recognize the OWNER's right to modify MY COOPHARMARX in its sole discretion. As a user, you are aware that in MY COOPHARMARX there may be connections or references to third parties, which may even take you outside the MY COOPHARMARX, so you assume sole responsibility for such action.
By using MY COOPHARMARX you authorize electronic communication between my COOPHARMARX handlers and OWNERS, the prescriber and any other person authorized by the LAWS.
The user acknowledges that the information provided will be used in the prescription, dispatch and billing process, and authorizes to be called or contacted when necessary or the LAWS require it.
The data that is considered part of the record of the patient belongs to them, any other third party in use of the program and the app recognize that the OWNER and the PRESCRIBER will be able to retain the data necessary for their functions even when the patient requests their record.
PARTICIPATING PHARMACIES: MY COOPHARMARX does not endorse any medicine, product or indicate a specific pharmacy. You can choose and have the right to free selection of the pharmacy of your predilection. If you wish to use MY COOPHARMARX you can check if the pharmacy of your predilection is listed in https://www.coopharma.coop/farmacias.html The failure of a pharmacy to appear in MY COOPHARMARX does not mean that you by another method cannot use it.
LIMITATIONS OF A THE RECIPES TIME: These valid recipes may be processed in accordance with the LAWS. For the delivery of the prescription, the patient or his authorized representative will have to deliver the physical copy of the rescue if his prescriber was NOT the one who used the"app"” my COOPHARMARX or e-prescribe. The OWNER is not responsible for any additional services offered by the prescriber, pharmacy or third party such as vaccinations, MTM and other therapies. The use of MY COOPHARMARX does not guarantee that the prescription will be covered by your health insurance or insurer, the patient is responsible for letting the prescriber and pharmacy staff know your plan and cover.
The prescription of the medicine or drug, will be the sole responsibility of the prescriber, in the same way as any information on the replacement of the same, where it will be both the responsibility of the prescriber and the staff of the pharmacy, the latter being responsible for having the drug available or notifying its availability to the patient.
3. PROHIBITED ACTS AND ACCOUNT TERMINATION
This clause presents a number of general prohibitions, however, the user is responsible for complying with all those that may apply in accordance with the LAWS and any other applicable civil or criminal statute, such as unlawful or illegal use, disseminating information, including that protected by HIPAA and German laws, harassing, threatening, abusing or intimidating other users, defaming, personifying another person , use it without legal capacity, or authority and use it for any purpose other than those permitted or if authorized by the OWNER, prescriber or patient.
The user is prohibited from attempting to violate or violenting, any security protocol or safeguards of MY COOPHARMARX including seeking access to or gaining access to parts of it for which they are not authorized, data that is not theirs or for providing a third party or cooperating with it for any illegal or illegal act. You may also not use any program, media or system to access, disseminate or copy MY COOPHARMARX data.
The OWNER may close, deactivate, or terminate the account of any user who does not use MY COOPHARMARX in accordance with all the terms and conditions in this document.
Any complaint about misuse should be directed to the OWNER, who is not responsible for the illegal or illicit use of MY COOPHARMARX and for any damage or claim that may cause illegal, illicit or contrary to these terms and conditions.
Termination by the user- the user may terminate or close his account according to the terms and conditions in this document, for this, user must carry out the following action: Notify your cancellation request by email to MyCoopharmaRx@Coopharma.coop and allow at least two weeks to complete the cancellation.
The OWNER will be monitoring the use of MY COOPHARMARX in accordance with the applicable LAWS to verify the good use of the same.
4. OWNERSHIP OF CONTENT AND USE OF CONTENT.
Content in the program or app; other than the patient record; including intellectual property, graphics, written content, programming code, operation and functionalities and other components of the program or app under the name of MY COOPHARMARX shall be the exclusive property of the OWNER. No person other than the OWNER may claim or claim that the content is yours, nor may they use it unlawfully, illegally or without permission. Entering information and its use does not entitle you or any right to compensation.
Content may be shared with those entities and persons that the LAWS give authority to do so within the normal functions of prescription, dispatch, billing, audits and others required.
The OWNER may in its sole discretion remove content and obtain a worldwide, royalty-free, sub-license and exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish the content on the platform belonging to it and use it for lawful purposes, as well as the one permitted by laws or statutes, the user authorizes to use it for promotional or social media purposes.
5. PRESCRIBER'S CRITERION, PHARMACY STAFF AND COMMUNICATIONS WITH THIRD PARTIES AND THESE.
The content in MY COOPHARMARX does not replace the criteria or instructions of the prescriber or pharmacy staff responsible for medical care, diagnosis, treatment, prescription, therapies or any health-related process. The OWNER is not responsible for the criterion, instructions or any erroneous prescription, incomplete prescription or poor dispatch, whether from the prescriber, pharmacy staff or third parties. The user also acknowledges that he/she will not be responsible for any decision based on the information provided by the patient, prescriber, pharmacy staff or manager as it appears in MY COOPHARMARX.
YOU HAVE ANY COMMENTS, OBSERVATIONS, REACTION TO MEDICATION; DOUBT, QUESTION OR NOTICE FOR THE PRESCRIBER, PHARMACY STAFF OR A THIRD PARTY SHOULD DO SO DIRECTLY WITH THEM, NOT THROUGH MY COOPHARMARX, OR ITS OWNER. MY COOPHARMARX IS NOT A PROGRAM FOR MEDICAL CONSULTATION, TELEHEALTH OR SIMILAR.
6. INTELLECTUAL PROPERTY, REGISTERED BRAND, TRADEMARKY DIGITAL MILLENNIUM COPYRIGHT ACT (DCMA)
The intellectual property, trademark, trademark of MY COOPHARMARX belong exclusively to the OWNER. The DMCA and its provisions where applicable will be enforced and in the event that any user unlawfully, illegally or unwisely uses content or property of another person will be liable to the OWNER and the injured third party, so the OWNER will remove that content.
7. PAYMENT METHODS
The user acknowledges that the accepted payment methods are those accepted by the pharmacy where they dispense the medicines.
Where the payment methods are owned or handled by a third party, the OWNER shall be relieved of liability for any dispute related to that payment, although it will provide the user with the assistance necessary to resolve the dispute.
8. USE AND CHARGES FOR USE OF ELECTRONIC EQUIPMENT
The privacy and confidentiality of the passwords you use for MY COOPHARMARX are the sole responsibility of the user. The OWNER does not log into the account except according to the terms and conditions, other than to reset the use of MY COOPHARMARX at the user's request.
You are solely responsible for the use of any electronic device, whether computer, tablet, smartphone and other similar devices, as well as for any applicable charges. You use any such means, you are solely responsible. The OWNER is not responsible for the user's data connection speeds, nor for the availability of voice and data from the user when using his/her electronic equipment.
The user authorizes that he or she may be contacted by any of the means indicated in his MY COOPHARMARX account and based on that information provided.
9. WARRANTY LIMITATION
Although the OWNER has taken due precautions, due to the nature of MY COOPHARMARX, the user is being freely and voluntarily accepted the following limitations of the warranty for the use of MY COOPHARMARX, which is provided "as is" or as is and no warranty is offered for use, since the user uses MY COOPHARMARX at his own risk, so the OWNER does not guarantee that MY COOPHARMARX is free of errors, malware, hacking, ramsomware, being the subject of phishing and wrongdoing, illicit or illegal cyber, errors, typographical errors or other problems that may harm a user.
Any claim by the user to the OWNER for the use of MY COOPHARMARX or damage will be limited to the processing of the prescription or its cost, whichever is less. These include; but they are not limited to; any of the instances mentioned in the preceding paragraph, loss of data, third-party conduct, incapacity or difficulty accessing the application, infringement of third party copyright and any other situation or damage that may occur.
The OWNER is not responsible for the operation and access to MY COOPHARMARX during force majeure events, fortuitous case or circumstances beyond its control. The user acknowledges that MY COOPHARMARX may be in maintenance or down, so it may not be used or its service interrupted at any time, a fact that will not generate liability, nor cause any tortts.
10. SEPARABILITY, APPLICABLE LAW AND FORUM
In the event of any part of these terms and conditions are declared invalid, void or illegal, the remaining will remain in effect.
The applicable laws will be those relevant, identified as LAWS and applicable in the jurisdiction of the Commonwealth of Puerto Rico.
The Forum to resolve any dispute in the courts will be the Superior Court of Aguadilla, Superior Chamber in Puerto Rico.
In the event of any dispute or controversy related to MY COOPHARMARX, the user will grant the OWNER up to 72 hours or the term provided in the LAW relating to the firm to help him resolve any situation attributable exclusively to the owner and in accordance with the limitations of warranty previously expressed before any legal remedy can lie.
11. CONTACT INFORMATION
The user may contact the OWNER at:
Tel. (787) 252-3200