All India Chemists & Distributors Federation (AICDF) has taken objection to the Union health ministry's draft proposal on e-pharmacy saying that the proposal lacks e-pharmacy model adopted by western countries to prevent misuse of drugs and ensure transparency.
In West, doctors send digital prescription to nearby pharmacies which in turn deliver medicines to patients' doorstep. On the other hand, health ministry's e-pharmacy draft focuses on facilitating online distribution of drugs through e-pharmacy. It defines e-pharmacy as business of distribution or sell, stock, exhibit or offer for sale of drugs through web portal or any other electronic mode.
E-pharmacy should be a disciplined, thoroughly monitored and regulated system under which every related action and procedure from diagnosis, medical advice, diet advice, recommendation of medicines, the preparation of advice memo with all diagnosis and relevant diagnostic records and ultimately the dispatch of the medicines from the desired retail medicine shop should be organized and conducted flawlessly following the online process through one/different interrelated portals. E-pharmacy should not be the common online trading of medicines, said AICDF general secretary Joydeep Sarkar in trade body's suggestions to the ministry.
The health ministry had in April come out with a draft proposal to amend Drugs and Cosmetics Rules, 1945 to insert Part VIB to facilitate sale of drugs by e-pharmacy. The draft rules have been shared with states and comments of state drug regulators sought.
The draft has not mandated delivery of drugs through only e-prescription sent by doctors to pharmacists. Sarkar suggested it should be made mandatory that online pharmacy can deliver drugs on e-prescription of registered doctors, it will prevent misuse of drugs and bring transparency.
There should be central portal to restrict repeat purchase of one single prescription with certain objectionable drugs in two different e-pharmacies. Otherwise it is very difficult to identify a fake advice memo or prescription, he said.
AICDF further suggested that working hours of pharmacists appointed by e-pharmacy should be defined in accordance with Labours Act & Shops & Establishment Act and customer helpline should be opened for 24x7 hours.
Considering the sensitivity of e-pharmacy, the affidavit of the applicant seeking e-pharmacy licence should be attested from the first class magistrate.
It recommended that licensing fees for e-pharmacy should be at par with retail drug store licence fees. It cannot be more than the normal rate of Rs.3,000 in every five years while the registration fees for e-pharmacy can be fixed as Rs.50,000 per outlet with no franchise at the time of inception. Retention process will be applicable from the next five years for retaining and continuing with the said license.
E-Pharmacy registration holder should be responsible for violating the provisions of Drugs (Prices Control) Order 2013 and amendments made thereto, Drugs Control Act 1950 and also ‘The Essential Commodities Act 1955’.
The provision and scope of arbitrator or ombudsman to be appointed by e-pharmacy players to looked into complaints of customers should be defined.
Reasons for rejections of application seeking e-pharmacy licence should be specified as noticed in the conditions of the forms of the application of ‘Passport’ or ‘Aadhar Card’ or ‘PANCard’ and non-compliance of such mandate provisions will automatically reject any application.
The details of the appellant forum and/or further legal forums should be mentioned here where the dissatisfied licensee can appeal if found aggrieved with the licensing authority.
No Franchise dealings will be allowed to the e-pharmacy registration holder. E-pharmacy can operate only from his licensed premises only without keeping any affinity or agreement or contact with other retail licensees. Subletting or leasing of e-pharmacy should be restricted, added the trade body.