In India, under the Drugs and Cosmetics Act of 1940 and its subsequent amendments, as well as the Goods and Service Tax Act, it is mandatory to provide full strips of medicine with proper billing. This ensures proper labeling, and dosage consistency, and reduces the risk of contamination or misuse. Dispensing loose tablets is generally discouraged to maintain patient safety and medication integrity. However, while the sale of loose tablets is not explicitly illegal, pharmacies must ensure that proper labeling and documentation are provided when dispensing them to maintain safety and compliance. Failure to provide a bill can result in legal action against the pharmacy, including fines, penalties, and possible suspension of the pharmacy's license.
The Drugs and Cosmetics Act of 1940 regulates the import, manufacture, distribution, and sale of drugs and cosmetics in India. It aims to ensure that these products are safe, effective, and meet the necessary quality standards. The Act mandates that all medications must be sold with proper labeling and packaging to prevent misuse and ensure proper dosage. Amendments to the Act over the years have strengthened these provisions, incorporating measures to curb the sale of spurious drugs and ensuring that pharmacies comply with strict regulatory standards. The Goods and Service Tax Act complements these regulations by mandating proper billing, which helps in maintaining transparency and accountability in the sale of pharmaceuticals.
On the evening of May 5th in Bengaluru, RTI activist T Narasimhamurthy visited a city pharmacy for three different medications, one of which was Sitcom Forte. The attending pharmacist gave two of the three tablets, forgetting about Sitcom Forte.
After reaching home, T Narasimhamurthy noticed the missing tablet and went back to get it. Explaining the situation, T Narasimhamurthy said, "A strip of Sitcom Forte containing 14 tablets costs Rs 847 and I had only Rs 200 with me, so I asked the pharmacist to give me two or three loose tablets. But the pharmacist refused. So I went back home, arranged for the money, and returned to buy the entire strip. After that, the pharmacist didn't give me a bill, saying it was late. Then I returned in the morning and collected the bill."
Disappointed by the pharmacy not providing loose tablets and initially refusing to provide a bill, T Narasimhamurthy lodged a complaint with the drugs control department. Acting on this complaint, officials visited the pharmacy and noticed many other violations. The assistant officer said, "You have not displayed the license, you have not maintained purchase invoices, and mainly, you have failed to provide a satisfactory explanation for the reason behind forcing the complainant to purchase a strip instead of loose tablets." This led to the shutdown of the pharmacy for two days.
The state drugs controller for Karnataka commented on the closure of the pharmacy, stating that chemists are mandated to sell loose tablets to ensure patients receive the exact prescribed quantity of medication. The enforcement action was taken following complaints from the public about pharmacies refusing to provide the bill, according to the Goods and Service Act.
In conclusion, the incident involving T Narasimhamurthy and the Bengaluru pharmacy underscores significant issues affecting customers in the pharmaceutical sector. The refusal to provide loose tablets and proper billing not only inconveniences customers but also undermines their safety and trust. Ensuring that pharmacies adhere to regulations set forth by the Drugs and Cosmetics Act and the Goods and Service Tax Act is crucial for maintaining the integrity of medication dispensation. Customers should receive the exact prescribed quantity of medication with appropriate documentation to prevent misuse and ensure proper dosage. This case highlights the need for stringent enforcement of laws to protect consumer rights and ensure that pharmacies operate within the legal framework, ultimately safeguarding public health.
(Input from various sources)
(Rehash/Yash Kamble/MSM)
