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Thursday, 09 September 2010 15:20

Policy & Regulations

Kerala DCA files cases of violation of rule 18C against 2 hospitals, seizes drugs worth Rs.3 lakhs

Wednesday, September 08, 2010 08:00 IST
Our Bureau, Chennai

http://www.pharmabiz.com/article/detnews.asp?articleid=57259§ionid=19

Even as the dispute over drug licence between the Kerala drug control authorities and the members of the QPMPA is on, the drug control officials on last Friday seized drugs worth lakhs of rupees from two hospitals and filed cases against them for violation of 18 C of the D&C Act.

This is the first incident of cases against hospital pharmacies for selling drugs without licence after the High Court verdict of 25/03/2010.

Further, the department is preparing to initiate strict action against wholesalers who have supplied medicines to these hospitals as the DCA had given advance information to the agencies not to supply drugs to hospitals violating pharmacy rules. Officials in the DCA said licenses of these wholesalers will be suspended soon.

Hospitals against which cases have been taken are Chazhikkattu Hospital Thodupuzha in Idukki district and Rajendra Nursing Home, Kozhikodu for not taking drug licences for their pharmacies. The hospitals had been given one week time to apply for the licence, but they did not pay heed to the orders of the department, said officials in the DCA.

As per the new amendment, the violators of 18 C are liable to undergo 5 years imprisonment in jail.

Chazhikkattu hospital is owned by, Dr Joseph Stephen, the immediate past president of QPMPA and the present vice-president of its national committee. As per the direction of the Assistant Drug Controller of Eranakulam, the drug inspector of Idukki A Saju and drug inspector in the intelligence branch of the department, Jayan Philip, have inspected the hospital and seized drugs worth Rs.2 lakhs and later produced them before the Chief Judicial Magistrate Court in Thodupuzha. The drug inspector Saju said 12 varieties of medicines were included in the seized items and out of which five had no purchase bills. According to the drug control officials, the next step is to go for sealing the pharmacy.

Chazhikkattu hospital is one of the leading speciality hospitals in Idukki district with special attention on orthodontic treatment. The law enforcing authorities have not fully taken away the medicines from the hospital's pharmacies as it is an 800 bedded hospital with IP facilities. Besides the general doctors, 16 specialist doctors are working in the hospital. It runs one pharmacy and four selling counters.

In Kozhikodu, drug inspector in the special intelligence branch of the DCA, Shaji M Varghese, drug inspector of the Intelligence wing, Benny Mathew and drug inspectors of Kozhikodu, P Harish Kumar and Mohammed Salex have led the operation. They have seized drugs worth Rs.1 lakh and produced them before the judicial first class magistrate court in Kozhikodu. Shaji Varghese said they have confiscated 50 varieties of drugs from the hospital and purchase bills issued by the companies were seized in order to take action against the wholesalers for having supplied the medicines to pharmacies having no drug licence.

When contacted the QPMPA office-bearers, they said they would fight the case in the court. Where as Dr M A Koya, president of the QPMPA, Kerala branch and the MD of Koyas Hospital, Kozhikodu, which also was served a notice by the department for violation of the Act, said he would follow as per the court's new judgment. His association has again approached the high court against the move of the DCA.

Policy & Regulations

DCA Kerala set to take action against defiant private hospitals under 18(c) of D&C Act

Friday, September 03, 2010 08:00 IST
Peethaambaran Kunnathoor, Chennai

http://www.pharmabiz.com/article/detnews.asp?articleid=57195§ionid=19

Even as the Kerala Drug Control Administration is going ahead with its steps to enforce section 18(c) of the Drugs & Cosmetics Act with private hospitals having separate pharmacies, the members of the Qualified Private Medical Practitioners Association (QPMPA), who is fighting against the DCA move, are in no mood to relent.

The drug control authorities have already given show cause notices to three hospitals for violation of section 18(c), including to the president of QPMPA state branch and of the national vice president of the association.

Besides, the drug officials have recommended their higher authorities for legal action against 10 pharma wholesalers of three districts for violation of conditions of licences. The wholesalers have supplied medicines to hospitals having no drug licenses. The DCA had given orders to the wholesalers not to supply medicines to those hospital pharmacies which are not following the rules of the department.

Dr K Kishore Kumar, the secretary of Kerala QPMPA, who is spearheading the fight against the DCA, said that the members of his association will not abide by the order of the drug authorities as the law of the land does not demand them to do so. Sources in the drug control department said inspections are going on in all the private hospitals in the state and show cause notices will be issued to a few more hospitals in next two days.

Koyas Hospital, Kozhikodu, which is owned by Dr M A Koya, the president of Kerala QPMPA, Chazhikkattu Hospital, Thodupuzha in Idukki district, which is the own hospital of Dr Joseph Stephen, the national vice-president of QPMPA, and Rajendra Nursing Home, Kozhikodu are the three hospitals which have been given show cause notices . They have also been given a specified time frame to apply for the licences.

Officials in the drugs control department said since the time was over by Tuesday, the department will soon proceed cases against the hospitals for violating section 18(c) of the D&C Act. P Satheesh Kumar, the deputy drugs controller said maximum punishment for the violation is five years imprisonment. He said 50 percent of the members of QPMPA have already applied for licences and only a few are following the advice of the association office-bearers. Another officer in DCA said the state secretary of the association has no hospital of his own, but he instigates others not to follow the government rules.

Along with inspections in hospitals, the drug inspectors and officials of the intelligence branch of the department have inspected the shops of wholesalers in northern districts and verified the details. Following it, they have recommended suspension of licences of 10 wholesalers for violation of conditions of licenses. According to sources, during inspection, the wholesalers did not keep the signed and sealed order of a Registered Medical Practitioner or of a hospital.

The wholesale agencies against whom actions have been recommended are Salah Drugs Agencies, Vadakara, Salah Pharma, Vadakara, Sunanda Associates , Kozhikodu, Lekshmi Enterprises, Kozhikodu, Star Agencies, Kozhikodu, Manoj Pharmaceuticals, Kozhikodu, Kerala Commercial Distributors, Kozhikodu, Avantika Agencies, Palakkad, Grace Pharmaceuticals, Thrissur, and C A Drugs, Kozhikodu.

Earlier the drug authorities had given time for the private hospitals to take the drug licenses before July 31 this year following a high court order. Except in Kerala, private hospitals in all other states are having drug licenses for their pharmacies.

Policy & Regulations

QPMPA may challenge HC order on mandatory licensing of pharmacies in pvt hospitals

Tuesday, August 31, 2010 08:00 IST
Peethaambaran Kunnathoor, Chennai

http://www.pharmabiz.com/article/detnews.asp?articleid=57137§ionid=19

The Kerala branch of the Qualified Private Medical Practitioners Association (QPMPA) may approach the division bench of the state High Court against the state drugs control administration's move to enforce licensing...