Medical Dialogues
  • Dermatology
Login Register
This site is intended for healthcare professionals only
Login Register
  • MD Brand Connect
  • Vaccine Hub
  • MDTV
    • Breaking News
    • Medical News Today
    • Health News Today
    • Latest
    • Journal Club
    • Medico Legal Update
    • Latest Webinars
    • MD Shorts
    • Health Dialogues
  • Fact Check
  • Health Dialogues
Medical Dialogues
  • Medical News & Guidelines
      • Anesthesiology
      • Cardiology and CTVS
      • Critical Care
      • Dentistry
      • Dermatology
      • Diabetes and Endocrinology
      • ENT
      • Gastroenterology
      • Medicine
      • Nephrology
      • Neurology
      • Obstretics-Gynaecology
      • Oncology
      • Ophthalmology
      • Orthopaedics
      • Pediatrics-Neonatology
      • Psychiatry
      • Pulmonology
      • Radiology
      • Surgery
      • Urology
      • Laboratory Medicine
      • Diet
      • Nursing
      • Paramedical
      • Physiotherapy
  • Health news
      • Doctor News
      • Government Policies
      • Hospital & Diagnostics
      • International Health News
      • Medical Organization News
      • Medico Legal News
      • NBE News
      • NMC News
  • Fact Check
      • Bone Health Fact Check
      • Brain Health Fact Check
      • Cancer Related Fact Check
      • Child Care Fact Check
      • Dental and oral health fact check
      • Diabetes and metabolic health fact check
      • Diet and Nutrition Fact Check
      • Eye and ENT Care Fact Check
      • Fitness fact check
      • Gut health fact check
      • Heart health fact check
      • Kidney health fact check
      • Medical education fact check
      • Men's health fact check
      • Respiratory fact check
      • Skin and hair care fact check
      • Vaccine and Immunization fact check
      • Women's health fact check
  • AYUSH
    • Ayurveda
    • Homeopathy
    • Siddha
    • Unani
    • Yoga
  • State News
      • Andaman and Nicobar Islands
      • Andhra Pradesh
      • Arunachal Pradesh
      • Assam
      • Bihar
      • Chandigarh
      • Chattisgarh
      • Dadra and Nagar Haveli
      • Daman and Diu
      • Delhi
      • Goa
      • Gujarat
      • Haryana
      • Himachal Pradesh
      • Jammu & Kashmir
      • Jharkhand
      • Karnataka
      • Kerala
      • Ladakh
      • Lakshadweep
      • Madhya Pradesh
      • Maharashtra
      • Manipur
      • Meghalaya
      • Mizoram
      • Nagaland
      • Odisha
      • Puducherry
      • Punjab
      • Rajasthan
      • Sikkim
      • Tamil Nadu
      • Telangana
      • Tripura
      • Uttar Pradesh
      • Uttrakhand
      • West Bengal
  • Medical Education
      • Ayush Education News
      • Dentistry Education News
      • Medical Admission News
      • Medical Colleges News
      • Medical Courses News
      • Medical Universities News
      • Nursing education News
      • Paramedical Education News
      • Study Abroad
  • Industry
      • Health Investment News
      • Health Startup News
      • Medical Devices News
      • Pharma News
      • Pharmacy Education News
      • Industry Perspective
  • MDTV
      • Health Dialogues MDTV
      • Health News today MDTV
      • Latest Videos MDTV
      • Latest Webinars MDTV
      • MD shorts MDTV
      • Medical News Today MDTV
      • Medico Legal Update MDTV
      • Top Videos MDTV
      • Health Perspectives MDTV
      • Journal Club MDTV
      • Medical Dialogues Show
This site is intended for healthcare professionals only
LoginRegister
Medical Dialogues
LoginRegister
  • Home
  • Medical news & Guidelines
    • Anesthesiology
    • Cardiology and CTVS
    • Critical Care
    • Dentistry
    • Dermatology
    • Diabetes and Endocrinology
    • ENT
    • Gastroenterology
    • Medicine
    • Nephrology
    • Neurology
    • Obstretics-Gynaecology
    • Oncology
    • Ophthalmology
    • Orthopaedics
    • Pediatrics-Neonatology
    • Psychiatry
    • Pulmonology
    • Radiology
    • Surgery
    • Urology
    • Laboratory Medicine
    • Diet
    • Nursing
    • Paramedical
    • Physiotherapy
  • Health news
    • Doctor News
    • Government Policies
    • Hospital & Diagnostics
    • International Health News
    • Medical Organization News
    • Medico Legal News
    • NBE News
    • NMC News
  • Fact Check
    • Bone Health Fact Check
    • Brain Health Fact Check
    • Cancer Related Fact Check
    • Child Care Fact Check
    • Dental and oral health fact check
    • Diabetes and metabolic health fact check
    • Diet and Nutrition Fact Check
    • Eye and ENT Care Fact Check
    • Fitness fact check
    • Gut health fact check
    • Heart health fact check
    • Kidney health fact check
    • Medical education fact check
    • Men's health fact check
    • Respiratory fact check
    • Skin and hair care fact check
    • Vaccine and Immunization fact check
    • Women's health fact check
  • AYUSH
    • Ayurveda
      • Ayurveda Giuidelines
      • Ayurveda News
    • Homeopathy
      • Homeopathy Guidelines
      • Homeopathy News
    • Siddha
      • Siddha Guidelines
      • Siddha News
    • Unani
      • Unani Guidelines
      • Unani News
    • Yoga
      • Yoga Guidelines
      • Yoga News
  • State News
    • Andaman and Nicobar Islands
    • Andhra Pradesh
    • Arunachal Pradesh
    • Assam
    • Bihar
    • Chandigarh
    • Chattisgarh
    • Dadra and Nagar Haveli
    • Daman and Diu
    • Delhi
    • Goa
    • Gujarat
    • Haryana
    • Himachal Pradesh
    • Jammu & Kashmir
    • Jharkhand
    • Karnataka
    • Kerala
    • Ladakh
    • Lakshadweep
    • Madhya Pradesh
    • Maharashtra
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Odisha
    • Puducherry
    • Punjab
    • Rajasthan
    • Sikkim
    • Tamil Nadu
    • Telangana
    • Tripura
    • Uttar Pradesh
    • Uttrakhand
    • West Bengal
  • Medical Education
    • Ayush Education News
    • Dentistry Education News
    • Medical Admission News
    • Medical Colleges News
    • Medical Courses News
    • Medical Universities News
    • Nursing education News
    • Paramedical Education News
    • Study Abroad
  • Industry
    • Health Investment News
    • Health Startup News
    • Medical Devices News
    • Pharma News
      • CDSCO (Central Drugs Standard Control Organisation) News
    • Pharmacy Education News
    • Industry Perspective
  • Home
  • News
  • Pharma News
  • Plea questions...

Plea questions sanctity of prescriptions generated by doctors employed by e-pharmacies, HC asks govt to reply

Barsha MisraWritten by Barsha Misra Published On 2022-07-07T14:41:21+05:30  |  Updated On 7 July 2022 2:41 PM IST
Plea questions sanctity of prescriptions generated by doctors employed by e-pharmacies, HC asks govt to reply
  • facebook
  • twitter
  • linkedin
  • whatsapp
  • Telegram
  • Email

Ahmedabad: Responding to a plea that questioned the sanctity of prescriptions generated on phone by medical professionals employed by e pharmacies, the Gujarat high court has now issued a notice to Government and asked them to submit affidavits addressing the contentions in the plea.

The plea questioned several points related to the online sale of medicines at e pharmacy alleging that such sales of schedule H, H1, X drugs stand in violation of the Drugs and Cosmetic Act, 1990.

It submitted that the websites selling the drugs and prescription medicines do not have licenses as required under Section 18 of the Drugs and Cosmetic Act, 1940 read with Rule 61 and 62 of the Drugs Rules, 1945. Further, it was submitted that it is shocking that in the online pharmacies, certain scheduled drugs are dispensed without any Prescription, which can be ordered by the child aged below 18 years and which would be injurious to his health.

The provision with regard to issuance of license to the e-pharmacy firms, also does not satisfy as there is no such provision mentioned in the Act, the petition stated.

The petitioner further submitted before the court that the several online e-pharmacy service providers were misusing the process by arranging a call between the customer and their employed medical professionals, wherein on the basis of a skeletal discussion, the prescription is generated and the doctors providing such consultation, do not even see the diagnostic or other medical reports of the purported patient and issue the prescription on the basis of very limited and formal conversation, which affect the health of the citizens directly.

It was also submitted that such prescription has no sanctity in the eyes of law and the National Medical Commission (NMC), which has replaced the erstwhile Medical Council of India needs to take action against the doctors, who provide such prescriptions, which are not genuine. The petitioner claimed that the specialized qualification of such doctors can be questioned.

Expressing concern over the online sale of scheduled drugs and its possible impact on the public health, the Gujarat High Court on Monday issued notice on a plea flagging the matter.

Opining the allegations made in the plea to be true, the HC bench comprising of Justice A.S. Supehia has issued notice to the respondents including the Government and asked them to submit affidavits addressing the contentions in the plea.

"In view of the submissions advanced by the learned advocate Mr. Patel, prima facie this Court is of the opinion that the allegations made in the writ petition appear to be true and if the sale of the scheduled drugs in such a manner is going on then the same will have a direct adverse impact on the health and well being of the citizens," the court observed.

"Under the circumstances, issue Notice returnable on 29.07.2022. Learned AGP waives service of notice for and on behalf of the respondent No.2. The respondents are directed to file appropriate affidavit on or before the next date of hearing dealing with all the contentions raised in the writ petition. It will be open for the petitioner to serve the respondents through RPAD over and above the regular mode of service," it directed.

The petitioner submitted that the Drugs and Cosmetic Act, 1990 does not allow online sale of medicines and scheduled drugs and such illegal sale has serious consequence on the public health. Further referring to the circular dated 30.12.2015, via which Drugs Controller General of India has banned the sale through e-pharmacies, the plea pointed out that in the concerned circular, all the State and Union Territories Drugs Controller had been instructed to put a strict vigil on the online sale of medicines.

Also Read: E- Pharmacy giant Amazon under Maha FDA radar for selling MTP kits without prescription

Besides, the States had also been directed to take action against those indulging in online sale of medicines in violation of the Drugs and Cosmetics Act and the concerned rules.

The counsel for the petitioner, Learned advocate Mr. Vijay Patel assisted by learned advocate Mr. Darshan Dave further referred to the report dated 30.09.2016 was also given by the sub-committee constituted by the Drug Consultative Committee regarding the sale of medicines online. In that report that Sub-committee had also issued various recommendations, which the petitioner alleged have not been followed and implemented.

Filing the plea, the petitioner further submitted before the court that the websites selling the drugs and prescription medicines do not have licenses as required under Section 18 of the Drugs and Cosmetic Act, 1940 read with Rule 61 and 62 of the Drugs Rules, 1945. The provision in this regard for issuing license to the e-pharmacy firms also does not satisfy as there is no such provision mentioned in the Act, the petitioner argued.

At this outset, the petitioner pointed out that using the online pharmacy services, even a child below 18 years can obtain certain scheduled drugs without any prescription, which might be injurious to his health. Giving example, the counsel for the petitioner submitted that the sale of Schedule H, H1 and X drugs under the Drugs Rules, 1945 / Indian Medical Act, 1956 can only be allowed on the prescription of the registered medical practitioner and online websites are selling the drugs and prescribed medicines openly and freely, without any compliance of provisions of law and regulations.

With all these submissions and references, the petitioner prayed that such practices need to be stopped and prohibited.

Taking note of the submissions, the Court prima facie opined that the allegations made in the petition were true and also expressed its concern regarding the sale of scheduled drugs and its possible adverse impact on the health and well being of the citizens.

"In view of the submissions advanced by the learned advocate Mr.Patel, prima facie this Court is of the opinion that the allegations made in the writ petition appear to be true and if the sale of the scheduled drugs in such a manner is going on then the same will have a direct adverse impact on the health and well being of the citizens," the court observed.

Therefore the court issued notice and directed the concerned respondents in the Government to file affidavit addressing all the contentions raised in the petition. The matter has been listed for further hearing on July 29, 2022.

To read the court order, click on the link below.

https://medicaldialogues.in/pdf_upload/gujarat-hc-order-180216.pdf

Also Read: USFDA warns online pharmacies illegally selling ADHD drug Adderall without prescriptions

online pharmacyonline pharmaciese pharmacyGujarat High CourtGujarat HCscheduled drugscheduled drugsDrugs and Cosmetic ActDrugs Controller General of Indianational medical commission
Barsha Misra
Barsha Misra

Barsha completed her Master's in English from the University of Burdwan, West Bengal in 2018. Having a knack for Journalism she joined Medical Dialogues back in 2020. She mainly covers news about medico legal cases, NMC/DCI updates, medical education issues including the latest updates about medical and dental colleges in India. She can be contacted at editorial@medicaldialogues.in.

Show Full Article
Next Story

Editorial

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer - Dr Aditya Murali

Real-World Case study: Darbepoetin Alfa for Chemotherapy-Induced Anemia in Metastatic Breast Cancer...

Aspirin in Primary Prevention- When to Consider?

Aspirin in Primary Prevention- When to Consider?

Featured image representing medico legal

What's the Role of Expert Opinion in Medical Negligence?

7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

7- Point Discharge Protocol for AECOPD: Time to Inculcate in Practice

Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

Aspirin Use in Women Aged 40-50 with Diabetes and Hypertension: Identifying the Ideal Candidates

View All

Journal Club Today

High Blood Pressure in Children Tied to Mothers Pregnancy Health: NIH Study Finds

High Blood Pressure in Children Tied to Mother's Pregnancy Health: NIH Study Finds

View All

Health News Today

Health Bulletin 10/ May/ 2025

Health Bulletin 10/ May/ 2025

View All
© 2022 All Rights Reserved.
Powered By: Hocalwire
X
We use cookies for analytics, advertising and to improve our site. You agree to our use of cookies by continuing to use our site. To know more, see our Cookie Policy and Cookie Settings.Ok