Joint Co-ordination Committee of the Retail and Dispensing Chemists Association (RDCA) and the Pharmaceutical Wholesalers Association (PWA) objected to the sales and distribution of drugs online as the practice of online pharmacy is totally illegal when examined in context of the Drugs and Cosmetic Act, 1940 and Rules 1945 and Information Technology Act. The associations have recently written to the chief minister of Maharashtra, informing the hazards and risk involved for the patients is much more than the convenience provided through online transaction and the online trading of drugs should not be equated with any other commodities.
As per Drugs and Cosmetic Act 1940, manufacture, sale and distribution of drugs and also stocking for sale, exhibiting for sale or offering for sale must be done on the strength of a license and strictly in accordance with the conditions of licenses. In view of provisions of Rule 65(2), sale or dispensing of drugs on prescription of registered medical practitioner is required to be carried out under supervision of registered pharmacist.
Rule 65(9) provides that drugs specified in Schedule H, H-1, and X shall be sold on prescription of the registered medical practitioner. In view of Rule 65 (11) (c), pharmacist is required to note name and address of the seller and date on which prescription is dispensed. In Rule 65 (9)(a) with Rules 65(11) show that original prescription should be available to the pharmacist at the time of dispensing of drug. As the original prescription is not stamped, it can be used for repeated purchase contrary to direction of registered medical practitioner.
Nitin Maniar, general secretary of RDCA says, “We examined the practices followed by the online pharmacy and we found that the said practices are clearly in violation of the existing provisions of the Drugs and Cosmetics Act, 1940 and Rules 1945. The sale is effected in total disregard to the conditions of licenses under Rule 65. The market places are offering drugs for sale and therefore are required to hold licenses as provided under Section 18(c) of the Act. The places are operating without any responsibility under the Act and are passing on the orders without verifying the authenticity of the prescription any many times even without prescription. Thus, these practices can certainly lead to self medication, irrational use of medicines and development of resistant strains due to indiscriminate use of anti-biotic and anti-tubercular drugs.”
He also said the sale or dispensing of drug is done on the basis of scanned copy, photocopy or copy of prescription forwarded on mobile apps. Such prescription are certainly not recognised under the definition of the term prescription under Rule 65(10). Such prescriptions are not considered as electronic document as contemplated under Sections 4 and 5 of the Information Technology Act as the said copies do not bear electronic signature.
He further informed that in cases of online pharmacy, there is no way for the online pharmacy or market place to verify as to whether the prescribing doctor is really registered medical practitioner or not. There is also issue of honouring prescription of registered medical practitioner located in different states. Such registered medical practitioner may not be registered in a state from where the drugs are dispensed.
Explaining the role of pharmacists he said pharmacists are not restricted only to dispensing drug as per prescription. Patient counseling is a very important role of the pharmacist. The pharmacists explain the dosage schedule, manner in which medicines should be taken, storage requirement and the need to follow dosage schedule and to take complete course of the medicine as advised by the doctor.
“AIOCD and state association are encouraging and training pharmacists to discharge the role of counseling efficiently. Pharm D course is specifically designed to serve this purpose. In the online pharmacy set up, this interface with the patient is completely lost as the medicines are delivered at the patients residence. Thus the vital ingredient of patients counseling which promotes rational use of medicines will be totally lost,” said Maniar.