The Story
Sunday, 30 May 2010 22:22
Harassment under Drug Licence:
A continuing story
Gleanings from the Archives
(Ref: History of QPMPA — QPMPA.JMS 1995: 9; 45)
QPMPA.JMS 1989: 2; 56
In 1975 The Drugs Department arrested Dr. Sumathy of Calicut and kept her in jail for not possessing a Drug Licence. The QPMPA in its infancy then could help her come out and continue medical practice without a Drug Licence.
Note: This page in the website was published in QPMPA.JMS Vol. XXIV No. 2 September 2010 issue page 45. After going through the same Dr. Samuel Krishnamurthy of Changanassery informed that Dr. Sumathy of Calicut was not arrested as published. The Editor regrets the misinformation published. Dr. Samuel Krishnamurthy informed that when the said raid took place Dr. Sumathy was not in her hospital. The Drug Inspectors took away some drugs as usual. Dr. Samuel Krishnamurthy got the message. He and Dr. A. K. Sabhapathy of Kochi then went to Calicut. Visited the hospital in the absence of Dr. Sumathy. Then lodged a complaint in the local Police Station. On getting the complaint the Police registered a case against the Drugs Inspector. The Inspector apologised, returned the drugs confiscated and the police case dropped.
As said earlier the second reported attack on a doctor and his establishment was on 29.11.1986 at Mathilakam, Trichur District.
In the Circular letter dated 2.12.1986 the QPMPA State Officers: late Dr. K. K. Abraham, the President and Dr. T. M. Paul, the Secretary has quoted the following to prove our case.
Civil Appeal No. 2458 of 1966 between Commissioner of Sales Tax UP vs. Dr. Sukh Deo in the Supreme Court to prove that we are not manufacturers.
To prove that we are not dealers they have quoted AIR 1968 SC 838; AIR 1961 SC 1650; AIR 1967 Mysore 25; 1964, 53 Calcutta Weekly Note 401; and 1969 Mor LR 79 c (4).
Pharmacy Act, 1948, Section 42, Clause 1 says that we can dispense drugs and collect the cost involved and that is not sales.
QPMPA.JMS 1990: 3; 167–169
Letter to the Chief Minister dated 27.10.1990 in response to the news in Mathrubhoomi daily dated 6.10.1990.
Cases quoted in that letter are: 1969 KLJ 311; AIR 1969 SC 63; 1966 KLT 665 and Pharmacy Act Section 42.
QPMPA.JMS 1990: 3; 172–174
Reply from Drugs Controller dated 6.12.1990 in response to the letter to Chief Minister, copied to DC.
This is filed as Annexure P1 in the Special Leave Petition now filed by us.
QPMPA.JMS 1991: 4; 8
A sample reply to be given to Drug Inspectors who insist for a license.
QPMPA.JMS 1991: 4; 21–27
Full text of OP No. 2179/1991 dated 27.2.1991 filed in Kerala High Court.
QPMPA.JMS 1991: 4; 81
Judgment in OP No. 2179/91 dated 8.8.1991. This is filed as Annexure P2 in the SLP.
QPMPA.JMS 1992: 5; 33–34
Judgment dated 13.8.91 in OP 8223/91 filed by Dr. S. Arunkumar, Anadiyil Hospital, Thiruvanamthapuram, who was served a notice by Registrar, Kerala Pharmacy Council alleging that unqualified persons dispense drugs in the hospital in violation of Section 42 (1) of Pharmacy Act, 1948 that is punishable under Subsection (2) thereof.
Justice S. Padmanabhan ruled that proviso to Section 42 says that the subsection shall not apply to the dispensing by a medical practitioner of medicine for his own patients or with the general or special sanction of State Government for the patients of another medical practitioner. There is no dispute regarding the fact that petitioner is a medical practitioner and that he is dispensing medicine only to his own patients in his hospital.
The notice under Section 42 (2) was quashed and the Registrar directed not to act on that.
QPMPA.JMS 1993: 7; 229–230
On 22.9.92 the Regional Drugs Inspector, Kollam wanted the records of Diazepam tablets purchased by Dr. Sublendranath of Vallikunnam and the legal opinion sought by the QPMPA said that the Drugs Inspector was acting within his limits.
QPMPA.JMS 1993: 7; 315
Notice to M/s. Cherian Memorial Hospital, Chengannur dated 1.2.1993 asking them to stop collecting blood for transfusion to patients in hospital.
QPMPA.JMS 1994: 8; 15
Circular letter from the Drugs Controller No. DL 6.6254/92/DC dated 5.1.1993 to all Subordinate Offices to check Blood Collection and Supply by those without licence.
QPMPA.JMS 1994: 8; 97
President's Letter:
4. Drug Licence: This is the 3rd time in two decades we are facing this issue. It seems the Drugs Controller and the Department is of the opinion that doctors duly qualified and registered under I. M. C. Act is in great need of close supervision of the drug dispensed to his/her patients. Therefore licence is a must and they think doctors are the worst culprits propagating spurious, date expired and impotent drugs.
It seems the 80,000 and odd formulations and 18,000 or more manufacturers of drugs and several fold more retailers needs no supervision or quality control. All they need is a display of a qualified pharmacist certificate in the shop. But M.B.B.S. doctors do have to be carefully monitored.
This is a case of tail wagging at the head.
The other point that merits a debate and soul-searching by us is excessive and exorbitant charges levied by a section of medical practitioners. This section do not charge their patients professional fees but club both the consultation fees and cost of medicines dispensed into one lump sum. Increasingly a large number of patients look upon this sort of practice with suspicion. This has also increased the appetite for clamping drug licence on doctors by successive political parties and Drugs Controllers of Kerala.
It is my considered opinion that we should separate our professional fees from the cost of drugs dispensed to our patients. It is about time that we should discuss this matter thoroughly and arrive at an equitable and just solution. (September 1994).
QPMPA.JMS 1994: 8; 130–135
The Minutes of the CWC held on 23.10.1994 at Kochi, in which the State Secretary informed the house that we are not getting any concession in Drug licence case.
The CWC held on 26.2.1995 decided to move the court.
QPMPA.JMS 1995: 9; 12–16
OP Nos. 6529, 6926, etc., filed in Drug Licence case — List of Petitioners in OPs. Filed as Annexure P6 now.
QPMPA.JMS 1995: 9; 21
Letter dated 28.4.95 from Health Secretary inviting QPMPA for a meeting on Drug Licence for Private Hospitals on 24.5.95.
QPMPA.JMS 1995: 9; 33
Letter No. 53367/F1/94/H&FWD dated 23.3.1995 from the Secretary to Government of Kerala saying that on the basis of the Judgment in OP No. 3768/91-W dated 8.8.91 that the Government has taken a decision to impose Drug Licence to Private Hospitals also since the Private Hospitals are also providing for sale of drugs and they are not exempted under the provisions of the Drugs Act, 1940.
This Letter was also copied to The Drugs Controller and from that we might assume that the Drugs Controller was only informed on 23.3.95. Filed as Annexure P4 in the SLP.
QPMPA.JMS 1995: 9; 34
Notice No. 420/95/D1/PTA dated 22.3.1995 from the Drugs Inspector, Pathanamthitta to M/s. KTCM Hospital and St. Lukes Hospital directing the hospitals to take Drug licence. Span Hospital, Trivandrum got a notice-dated 21.3.95.
Members may please note that the Drugs Inspectors started issuing orders even before the Government has started informing Private Hospitals of their decision based on the judgment on Drug Licence. Filed as Annexure P5.
QPMPA.JMS 1995: 9; Second cover page – April
Urgent notice to Members on Drug Licence by the State Secretary dated 3.4.95 informing them the decision of the emergency CWC meeting held on 2.4.95 which decided to file a Writ Petition on Drug Licence issue.
QPMPA.JMS 1995: 9; 36–39
Report of activities presented at the CWC Changanassery.
QPMPA.JMS 1995: 9; 40–44
Letter and Legal Opinion to all members on Drug Licence for Private Hospitals.
QPMPA.JMS 1995: 9; 45–49
History and achievements of the QPMPA.
QPMPA.JMS 1995: 9; 113
Memorandum to Health Minister dated 28.10.95 on Drug Licence issue based on decisions of the conference held with the Minister on 16.10.95.
QPMPA.JMS 1995: 9; 158–159
Report of activities of the QPMPA and steps taken in Drug Licence case.
QPMPA.JMS 1998: 12; 24–25
Save our IMA. Disinformation by IMA in Drug Licence case.
QPMPA.JMS 1998: 12; 44–46
Drug licence & Medical Profession — Dr. T. M. Paul.
QPMPA.JMS 1998: 12; 47
Urgent notice to Members on Drug License.
QPMPA.JMS 1998: 12; 86–88
Annual Report of Activities for 97–98 informing the members that a new case has been filed in Drug Licence issue and have obtained a stay.
QPMPA.JMS 1999: 13; 249–250
Judgment in OP No. 6529/95 dated 29.11.1999. Item 3 in SLP.
QPMPA.JMS 2000: 14; 6–7
Legal opinion — Judgment in OP No. 6529/95
QPMPA.JMS 2000: 14; 35–36
Appeal to members to join as parties to file SLP in Supreme Court.
QPMPA.JMS 2000: 14; 67, 78 & 90–93
Appeal to Members to join the SLP in Supreme Court in Drug Licence case, Legal opinion and list of petitioners in the cases dismissed by the Hon'ble Kerala High Court.