SwastiChemEx: Pharmacists - H1 implementation

Wednesday 14 May 2014

Pharmacists - H1 implementation

In a memorandum recently submitted to the ministry, it brought to the notice of the ministry that pharmacists are facing several practical difficulties due to the ambiguities in the implementation of Schedule H1.

It has been contested that clarity is being sought after on the eligibility of prescribing medicines as it has been observed that homoeopaths, ayurvedic medicine practitioners and allopaths can prescribe medicines in states like Maharashtra.  Since states follow different rule contrary to what has been mandated by the Medical Council of India (MCI) Act, which rule would be applicable and what is the judiciary's perspective on the same is being sought after, as per the memorandum.

The purpose of Schedule H1 has not been understood by the public and that only pharmacists have the onus of maintaining the register is ironical. Besides this, due to the shortage of MBBS doctors in many parts of the country, medical store owners will produce fake bills by putting names of doctors on the bill and rake in profits at the cost of patient safety.


If fake bills are made in the name of physicians, the offenders will have a free hand in evading actions from the state regulatory agencies and Income Tax department. Also, physicians from other systems of medicine can also take advantage of this lacunae and this will encourage quackery.

As per the memorandum, Maharashtra government's drugs department is not able to explain clearly the role of registered medical practitioner in Allopathy, Homoeopathy and Ayurveda streams of medicine. Government of India has formed several administrative units for governing drug trade like the excise department for narcotics and psychotropic substances; department of pharmaceuticals for drugs pricing; Food Licensing authority for food products; health department, Central Drugs Standard Control Organisation (CDSCO) for regulating drug quality and Schedule H1 drugs; and Competition Commission of India (CC) for enforcing healthy competitive practices.

These departments need to be coordinated under the purview of Drugs and Cosmetics Act, 1940. The memorandum seeks clarity whether there is any effort made for coordination of these departments and is it feasible for the retailer to understand and grasp the technicalities involved in understanding various laws governing drug trade of the land.

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