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khyati desai ratadiya (lawyer)     14 August 2010

can a doctor start giving away medicines to patients himself

Hi All

 I have a question that whether a doctor having hospital and OPD give medicines to patients himself ? Can he give choice to patient to buy drugs from hospital itself?

Not opening a pharmacy but having one counter to facilitate the patients to buy medicines. Does he need to employ one B pharm or D pharm?



Learning

 2 Replies

V. VASUDEVAN (LEGAL COUNSEL)     15 August 2010

A Doctor is a professional. While he can dispense sample medicines free of cost to his patients, he cannot sell medicines as a pharmacy. pharmacy comes under a trade. A wing of the hospital can be converted as a pharmacy, subject to obtaining license under the local shops and establishments and also employing a pharmacist, etc.

Shreyas Zinjarde (Advocate/Consultant)     20 August 2010

Till the medicines are bearing the remark "Physician's samples and not to be sold", these medicines are not suposed to be sold. Many a times these medicines are given but are charged in the Fees so you pay for the medicines under veil of Fees.

. Presently the scene is like this that every hospital has a medicine shoip either in its own premises or nearby, where primarily the medicines reguraly prescribed by the Practitioners from that Hospital are readily available but one cannot be compelled to purchase  medicines from a particular shop.

As regards having a shop for selling medicines is concerned, any body can open such a shop but then must employ a registered pharmacist for seling medicines. Otherwisw it would be breach of the Pharmacist Act.  A registered pharmacist can open his own medicine shop.

S.G.Zinjarde Adv

zshreyas@yahoo.com


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