Maharashtra Food and Drug Administration (Maha FDA) is considering to have a high level meeting with the state government to discuss the issue of homeopaths prescribing Schedule H1 drugs in the state. Under the Drugs and Cosmetics Act only a registered medical practitioner which includes only allopathic doctors are entitled to prescribe allopathic medicines to the patients.

Interestingly, D&C Act does not permit ayurvedic doctors to prescribe allopathic medicines, however, an industry source informs us that the state government of Maharashtra has bungled and given an order against the law to allow ayurvedic doctors to prescribe, which is ultravirus. In fact, the source pointed out that the Supreme Court has in more than one decisions clearly stressed that cross prescribing is illegal.

In spite of this, a lot of ayurvedic doctors and homoeopaths are found to be prescribing allopathic drugs in violation of the D&C Act, citing various reasons like ambiguity in law etc. However, a highly placed source from the drug department insisted that there is no confusion in the law and the only reason why the state drug regulators are not taking any action is because there is still an acute shortage of allopathic doctors in the state.

“We are taking all possible measures to ensure proper implementation of Schedule H1 and till now we have been very cautious in checking prescriptions by homeopaths with respect to Schedule H1. At present, we are not taking any action against dispensing of allopathic drugs under Schedule H1 by chemists and druggist on prescription by homoeopthic doctors. However, there is a clear mandate for them to preserve and maintain a detailed register of the same so that we can use it to audit the same against any discrepancies,” the source informed.

Further elaborating an insider said that the state governments stand on this issue and decision passed by various courts have also played an important role in this matter. It is understood that considering the non availability of MBBS doctors and availability of only homeopaths in rural areas, has strongly prompted the state government to allow homoeopathic doctors to prescribe allopathic drugs.

In fact last year, following a state wide agitation by homoeopathic doctors the Maharashtra government had proposed to start a one year course with 800 seats for homoeopathic practitioners. Under the proposed scheme doctors wanting to practice allopathy should study pharmacology for a full year term, after which they were certified to be eligible to prescribe allopathic medicines, a move still embroiled in controversy.