CAN HOSPITAL OR DOCTOR SUPPLY MEDICINE ? EXCESSIVE PRICE OR COMPULSIVE PURCAHSE JUSTIFIED OR NOT
Often Patient complains that medicines supplied by A Doctor or a hospital in which the consultant Doctor examined the patient is costly than what is available price in market of same compound or to say Doctor or Hospital write or supply a brand which is costlier than other brand of another company although both have same chemical or generic name.Patient also claims that they have no choice as doctor or hospital compelled them to purchase medicines from them only and Doctor usually writes a brand and tells patient to take only this brand as it is superior and as this is only or easily vilable at his dispensary or hospital so they are made compelled to purchase and pay high price.
In this regard if as a Doctor supplies his patients the medicines prescribed by him only than he can do it easily only he has to provide a valid bill but according to Clause 6.3 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, if he opens a dispensary then it has to be run by a registered pharmacy where Not doctor but the pharmacist can supply medicine prescribed by him or any doctor and same applied to Hospital dispensary.Doctor has right to prescribe any brand which he likes but preferably should also write generic name as per recent guidelines of MCI which recently advised Doctor to write only Generic name of Medicines.
But in no way Doctor or hospital or dispensary can compell patient to purchase medicines from Doctor or pharmacy under Doctor.doctor should avoid trick of writing only one brand of medicine available to this pharmacy or with doctor only or should not write medicine so illegible sothat no other can read what is written.
According to Item No. 5 of the Schedule K of the Drugs and Cosmetics Rules, 1945 which allows the Doctor to keep and sale drugs in following manner.
The drugs shall be purchased only from a dealer or a manufacturer licenced under these rules and records of such purchases showing the names and quantities of such drugs together with their batch numbers and the names and addresses of the manufacturers shall be maintained. Such records shall be open to inspection by an Inspector appointed under the Act, who may, if necessary, make enquiries about purchases of the drugs and may also take samples for test.
In the case of medicine containing a substance specified in Schedule G, H or X the following additional conditions shall be complied with:-The medicine shall be labelled with the name and address of the registered medical practitioner by whom it is supplied.If the medicine is for external application, it shall be labelled with the words “For external use only” or if it is for internal use with the dose
The name of the medicine or ingredients of the preparation and the quantities thereof, the dose prescribed, the name of the patient and the date of supply and the name of the person who gave the prescription shall be entered at the time of supply in register to be maintained for the purpose
The entry in the register shall be given a number and that number shall be entered on the label of the container.The register and the prescription if any on which the medicines are issued shall be preserved for not less than two years from the date of the last entry in the register or the date of the prescription as the case may be. The drug will be stored under proper storage conditions as directed on the label. No drug shall be supplied or dispensed after the date of expiration of potency recorded on its container, label or wrapper or in violation of any statement or direction recorded on such container, label or wrapper.
Patient has right to ask or purchase other brand of medicine or appliance available in cheaper rate and Doctor and hospital cant disregard it or discard it's use on ground of made by another company telling it is inferior one till it is being manufactured by a registered and licensed Pharmaceutical house in India.To charge excess over MRP is a criminal activity and every patient should ask a bill for every purchase.To sell expiry medicines or appliance is also a crime.