161 seizures of COVID drugs, medical supplies made in black-marketing cases

Amidst reports of black-marketing of COVID-19 management drugs, the Office of Drug Controller General of India (DCGI) requested Drugs Controllers of all states and UTs through several advisories to instruct their enforcement staff to keep strict vigil especially at sensitive places and take stringent action against offenders by conducting special drives, Minister of State for Health Bharati Pravin Pawar said in a written reply.

'' As per information available with Central Drugs Standard Control Organization (CDSCO) from State Drugs Controllers, various enforcement actions like drug seizure, arrests of accused persons/registration of FIR, etc. have been taken by the state and UTs Drugs Controllers in cases of black-marketing/hoarding/ overcharging of Covid-19 management drugs.

''A total of 161 seizures of drugs and medical supplies like Remdesivir, Favipiravir, Medical Oxygen, sanitizers, masks, oximeters, thermometers, etc., have been carried out as part of enforcement activities,'' she said.

On the number of complaints registered against hospital authorities and staff during the COVID-19 pandemic along with the number of such complaints resolved, Pawar said the Centre has enacted the Clinical Establishments (Registration and Regulation) Act, 2010 (CE Act, 2010) and notified Rules for registration and regulation of the clinical establishments in order to achieve improvement in public health.

According to the Act, no one can run a clinical establishment without registration in a state and Union Territory (UT), where the aforesaid Act is applicable.

The clinical establishments are also required to follow Standard Treatment Guidelines issued by the central and state governments.

In case of non-compliance of conditions of registration by the clinical establishment, the said Authority is empowered to take action including cancellation of registration and imposition of penalties, as appropriate, Pawar elaborated.

Thus the CE Act, 2010 provides sufficient scope for the states and UTs to effectively redress any complaint and curb unethical medical practices. As on date, the CE Act, 2010 has been adopted by 11 states and 6 Union Territories, she informed.

Another 17 states and One UT have their own Acts.

Health being a state subject, it is for the respective states and UTs to put in place mechanisms for ensuring accountability and transparency in hospital management and patient care including implementation of the provisions of the CE Act, 2010, wherever the Act is applicable, she said.

Responding to a question on the necessary steps taken or proposed to be taken to address the issue of black marketing of essential medical supplies, along with details of such recorded cases and the supplies that were confiscated, Pawar said the sale and distribution of drugs in the country is regulated by CDSCO under the provisions of Drugs and Cosmetics Act, 1940 and Rules made thereunder.

License for manufacturing, sale and distribution of drugs are granted by State Licensing Authorities appointed by the respective state governments. The State Licensing Authorities are empowered to take action on a violation of any conditions of such licences.