The new restrictions on online sale of drugs will make doorstep delivery of medicines difficult, according to an industry body which represents various e-pharmacy startups.
The Internet and Mobile Association of India (IAMAI) expressed concerns over the Ministry of Health and Family Welfare’s (MoHFW) circular issued on March 26.
The notification lays down these conditions: that a person licensed to sell and deliver drugs will have to submit an e-mail ID for registration with the licensing authority if prescriptions are to be received through email; the drugs be supplied at the doorstep of the patients located within the same revenue district where the company holding the license to sell is located; and in case of chronic diseases, the prescription will be valid for medicine delivery only if it is presented to the drug retailer within 30 days of its issue. In acute cases, the prescription will be valid only if it is presented to the licensee within seven days of its issue.
The industry lobby said the move could adversely impact delivery of medicines even as drugs fall under essential items which are exempted during the 21-day nationwide lockdown. Pharmeasy, Medlife, 1mg and Netmeds are among the online pharmacy startups operating in India.
Online sale of drugs is often facilitated by e-marketplaces, which are just digital platforms facilitating online transactions between customers and sellers, IAMAI said, adding that services of such platforms may include facilitation of payments, collection, transport or last-mile delivery of the drugs to the customers, or any combination of services therein.
IAMAI argued that these platforms are essentially intermediaries and are not expected to hold a license in Form-20 or Form-21 under the Drugs and Cosmetics Rules, 1945, and such licenses are held by businesses involved in selling drugs and medicines.
“The notification fails to take into consideration the role played by digital intermediaries as it only recognizes agencies with license under Form-20 or Form-21 to engage in the act of online sales and distribution of medicines,” it said.
The provision to allow medicines to be delivered only if available within the same revenue district will likely deprive customers from being able to access important medications if they are not available in the same area as the customer, it said. “This direction is against the interest of the general public at large and against the notion of access to medicines for all. The said proviso does not leave any alternative for the general public in case medicines are not available with the same revenue district.”
IAMAI also expressed reservations about the chronic disease prescription not being valid after more than 30 days. Chronic medication is required by patients over the long term, and in these circumstances (under lockdown) it is unreasonable to expect them to get a new prescription each month, it said.
The industry lobby, in its recommendation to the ministry, suggested that the notification must give due recognition to online marketplaces and the role played by such platforms in facilitating and realizing online transactions of drugs and medicines by excusing them from any licensing for their activities.
It also added that the geographical restriction on sales of drugs, especially in times of the present crisis, be revoked to allow digital services to bring greater efficiencies in supply chain logistics of essential commodities like medicines.
It suggested that the time period restriction on the validity of prescription for chronic diseases be relaxed considering the present exigencies and all forms of digital communications including but not limited to social media platforms, e-mail and other forms of digital communications be given validity for the sharing of prescriptions.
“The present dilemma created by the notification regarding the sale of drugs based on conditions highlighted is against the premise of the e-pharma industry and creates immediate concerns given the emergency arising due to pandemic COVID-19. IAMAI hopes that the industry concerns are given due consideration before the implementation of the suggested provisions,” it said.
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