Dispensing of Medicines under Doctor without pharmacist: High court stays Government order

The court, subsequently held that the orders were unsustainable under the law and ordered the government to ensure that medicines were dispensed through qualified pharmacists

Kochi: The Kerala Government's order that approved dispensing of drugs under the supervision of medical practitioner in the absence of pharmacists at the government hospital pharmacies has come to a halt as the High Court recently issued a stay order.

The stay order was issued by Justice P B Suresh following a petition filed by All Kerala Pharmacists Union (AKPU), who submitted that only a registered pharmacist shall dispense any medicine as per Section 42 of Pharmacy Act, 1948.

The pharmacists union saw red after the state government issued an order that empowered the doctors/medical officers to dispense medicines under his/her direct supervision in case the pharmacist is absent from the hospital pharmacy or if he leaves the pharmacy. This was issued by the government in complying with the verdict passed by the high court in 2017. The 2017 case related to a statement by the Director of Health Services (DHS) allowing distribution of medicines through unqualified pharmacists.

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As per a recent TOI report, the petitioner contended that in 2013, DHS had issued a circular pointing out that unqualified persons performing duties of pharmacists in government hospitals are in violation of the law. When Pharmacy Practice Regulations, 2015 came into being, the government issued a circular for its strict implementation and to prevent dispensing of medicines by unqualified persons.

However, in 2016, the DHS issued 2 orders for distributing medicines for non-communicable diseases (NCDs) to sub-centre clinics and allowing junior public health nurses to dispense NCD medicines, the petitioner added.

After hearing the entire case, the court subsequently held that the orders were unsustainable under the law and ordered the government to ensure that medicines were dispensed through qualified pharmacists, reports TOI.