Various Issues Around E-Pharmacies in India
The growth of e-commerce platforms in India has introduced the concept of E-pharmacies where the medicines are sold online. The e-pharmacy concept is more prevalent in developed countries. The concept is new to India. The concept is one of the recent innovations in the healthcare space in India. Presently there are three broad models of E-pharmacies in the market.
Organised e-pharmacies
Under this a licenced pharmacy company will provide service from its own online platform or it will partner with a technology firm to provide the service. Under this model, without a valid prescription the medicines are not provided. This can prevent the self-medication and drug abuse. Using an advanced technology, all the orders are digitally recorded.
Non- organised e-pharmacies
Here medicines are ordered without a valid prescription. And also there is no record keeping mechanism.
Illegal international trade via e-pharmacies
Under this model medicines are exported illegally without any valid prescription and sanction of concerned authorities. Mainly low cost generic medicines are exported to developed countries.
Benefits from organised e-pharmacies
- Customers are able to get the medicines by ordering from digital devices. This will be very helpful to the customers if they are not able to go out.
- Online platforms can aggregate the supplies and help the consumers by doing away with enquiries in the market for a particular medicine.
- Online pharmacies can provide the required necessary information such as drug iterations, side effects, reminders about medicine taking time etc.
- All the purchased medicines history is digitally recorded and this can prevent the problem of drug-abuse and self-medication.
- This will make the pharmacy market more transparent by keeping track of supplier information. This will helpful to find the counterfeit medicines origin.
- The data analysis of the stored information can be used to form public health policies.
- The e-pharmacy model will reduce the working capital requirements and a network of pharmacies can integrate in to a single platform to enlarge their customer base and consolidate the inventory available.
- The record of transactions can help the revenue authorities to arrive at the tax to be paid.
What does Indian Law say about E-pharmacies
In India, sale of scheduled drugs is controlled by rules framed under the Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945, and Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Under the Drugs and Cosmetics Act, the ‘scheduled’ drugs should be sold only by licensed pharmacies on the basis of a prescription by a doctor that mentions the name of the drug and the dosage. The act does not have any guidelines to regulate online sale of ‘scheduled’ medicines. Because of non-existence of rules, online sale of medicines is considered as illegal. We should note that non-prescription products like dietary supplements, nutraceuticals or herbal preparations are allowed be sold online.
Implications of E-pharmacies without regulations
- There is a danger that scheduled medicines are re-ordered by consumers and there will be misuse of the drugs.
- Sale of drugs without a valid prescription encourages the concept of self-medication and it could lead to dangerous problems for the patient. The indiscriminate use of antibiotics could lead to antibiotic resistance.
- Presently no mechanism exists for the e-pharmacies to check whether the prescribing doctor is really a registered medical practitioner or not.
- There are also apprehensions about the storage of drugs in appropriate condition during transit through couriers to consumers. It may lead to loss of potency of drugs.
- The E-pharmacies may impact the availability of the drugs during emergency situations.
- E-pharmacies will impact the small retailers and distributors of pharmacies. The online shops offer huge discounts and it may affect their business. While it benefits customers through cheap rates, it will be a livelihood problem for offline sellers.
Present Status of E-pharmacies in India
In May 2015, Maharashtra’s Food and Drug Administration (FDA) has filed an FIR against e-commerce major Snapdeal’s chief executive Kunal Bahl and the company’s directors for violation of the Drugs and Cosmetics Act, 1940, and the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
In July 2015, the health ministry has constituted a sub-committee to examine the issue of E-pharmacies. The committee is formed under the chairmanship of Maharashtra Food and Drug Administration (FDA) Commissioner Harshadeep Kamble. The sub-committee was asked to examine the online sale practices followed by developed countries and their impact on public health. The committee has invited comments from various stakeholders including public companies and trade bodies. The sub-committee is yet to submit the report.
On 29 th October 2015, the Bombay High Court has declared the online sale of medicines as illegal and asked the Maharashtra government to take necessary steps to prevent unauthorised sale of drugs online. The court was hearing a Public Interest Litigation (PIL) seeking a ban on the sale of Schedule ‘H’ drugs online without prescription drugs or cash memos.
In October 2015, the online pharmacy retailers in the country have formed an association, the Indian Internet Pharmacy Association (IIPA), to promote the use of e-commerce in pharmacy.
Conclusion
The government and regulatory authorities must welcome the inclusion of technology but we must keep in mind the interests of chemists and the safety of patients. The aim should be integration of the e-pharmacies into the existing system. The new upcoming rules must clearly define the roles, responsibilities and liabilities of e-pharmacies in the healthcare system.
