• Rmp can sell medicine to own patient

Are RMPs legal to sell medicine to own patients
Asked 1 year ago in Business Law

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11 Answers

Yes provided the registered medical practitioner is not, keeping an open shop or selling across the counter or engaged in the importation, manufacturing and sale of drugs.


Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

No they cannot. Medicines can only be sold by the pharmacy stores.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

They can prescribe medicines as prescribing and selling the medicine would amount to conflict of interest.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

It is not unethical for RMPs to prescribe or supply drugs, remedies or appliances as long as there is no exploitation of the patient. Drugs prescribed by an RMPs for a patient should explicitly state the proprietary formulae as well as the generic name of the drug.

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

They can raise invoice to own patients 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

- Under the provisions of Pharmacy Act, 1948 and Pharmacy Practice Regulations 2015 , no persons other than 
a registered pharmacist is allowed to d
istribute/sell medicines.
- Hence, an RMP cannot sell medicine .

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

doctors aren't officially allowed to run a pharmacy shop based on Medical ethics.

Any of the Drug License for the hospital is allotted in the name of a Pharmacist and not the Doctor or even the Hospitals owner.

Indian Medical council observed that:

Many medical ethics guidelines took the position that RMPs selling drugs through his/her own pharmacy was prohibited because of “conflict of interest,” and it amounts ethical violation under “fee-splitting.

The Indian Medical Council Act, 1956, states that an RMPs should not run an open shop for sale of medicine for dispensing prescriptions prescribed by RMPs other than himself or for sale of medical or surgical appliances.

It is not unethical for RMPs to prescribe or supply drugs, remedies or appliances as long as there is no exploitation of the patient.

rugs prescribed by an RMPs for a patient should explicitly state the proprietary formulae as well as the generic name of the drug.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

RMPs should satisfy the following conditions before they embark on dispensing medicines to their patients

Apart from the following law of the land, RMPs need to provide full information to the patient on

(a) the chemical/pharmacological name of the medicine,

(b) efficacy of the prescribed medicine,

(c) side-effects of prescribed medicine,

(d) available alternative economical medicines or brands;

(e) the RMPs takes no share in profit from their sale; and

(f) sales are conducted in such a way as to assure that patients are not pressured into making purchases

Thus the RMPs can issue receipts or invoices after complying the the conditions stated above.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

There has been a debate regarding the practice of RMPs to sell medicines in their own clinic. It is regarded as an ethical violation as doctors would benefit by prescribing expensive medicines to the patients. There is an inherent conflict of interest in this dual role as prescriber and seller of medicines of the RMP. In India, it is not unethical or illegal for an RMP to sell medicines to his patients, provided certain conditions are fulfilled.

The Medical Council of India, with the approval of the Central Government, has notified regulations regulating the professional conduct of RMPs in India under S.33(m) of the Indian Medical Council Act, 1956.This code is known as the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. According to these regulations, RMPs should not run an open shop to sell medicines prescribed by him. This restriction does not apply in the case of the sale of medical or surgical instruments.

The aim of this prohibition is to prevent the RMP from exploiting his patients. Subsequent to the amendment in 2016 to these regulations, the RMP is now required to legally prescribe drugs with their generic names, preferably in capital letters. Furthermore, it is now the responsibility of the RMP to ensure rational prescription and use of drugs.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes they can 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Registered Medical Practitioners (RMPs) in India are authorized to prescribe and dispense medicines to their patients as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. However, RMPs are only permitted to dispense drugs that are included in the National List of Essential Medicines or the State List of Essential Medicines.

 

RMPs are not allowed to sell medicines over the counter without a prescription. They can only dispense medicines to their own patients who have a valid prescription issued by the RMP. Additionally, RMPs are required to maintain proper records of the medicines dispensed and should comply with the regulations set forth by the state medical councils.

 

 

Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

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