ONLINE SALE OF DRUGS - HEALTH

News: On regulating online sales of drugs in India

 

What's in the news?

       The Ministry of Health pulled up at least twenty companies including Tata-1mg, Flipkart, Apollo, PharmEasy, Amazon and Reliance Netmeds, by issuing them a show cause notice, for selling medicines online.

       This happened after the All India Organisation of Chemists and Druggists (AIOCD), a powerful lobby of over 12 lakh pharmacists, threatened to launch a country-wide agitation if the government didn’t act.

 

Key takeaways:

Government stand:

       The Ministry of Health has adopted a ‘blow hot blow cold’ approach towards online pharmacies.

       The acute need for door step delivery of drugs was felt during COVID-19.

       The year of 2020 marked a watershed moment for the growth of e-pharmacies as the Ministry of Home Affairs issued orders for them to continue to operate.

       It saw nearly 8.8 million households using home delivery services during lockdown.

       Stakeholders in government have often argued that banning e-pharmacies would not be a viable option as the demand for online delivery of drugs is burgeoning and instead of banning businesses, the sector should be regulated.

       Government has framed draft e-pharmacy rules to regulate the e-pharmacy sector.

 

E- pharmacies:

       E-Pharmacy is a pharmacy that sells medicines on the internet and delivers them to customers.

       E-pharmacies operate through websites or mobile apps where users can upload their prescriptions, select the products they need, and place orders.

       E-pharmacies made a bang in the market in 2015 and started offering hefty discounts on medicines in a bid to garner more market share.

       In the past eight years, the market penetration of e-pharmacies has seen single digit growth from 3% to 5%.

       However, they also pose regulatory challenges and concerns related to the safety, authenticity, and quality of medicines sold online.

 

Pharmaceutical Market in India:

       The Indian pharmaceuticals market is the third largest in terms of volume and 13th largest in terms of value.

       India is expected to be among the top three pharmaceutical markets by incremental growth and the sixth largest market globally in absolute size in the coming years.

 

Draft e- pharmacy Rules:

       The draft e-pharmacy rules were introduced in 2018, and were intended to regulate e-pharmacy businesses into shape, but were shoved into cold storage.

       The 172nd parliamentary standing committee report also has stated about the delay of draft e-pharmacy rules.

 

1. Definition of E-pharmacy: “business of distribution or sale, stock, exhibit or offer for sale of drugs through a web portal or any other electronic mode”.

2. Mandatory Registration: The draft rules make it mandatory for e-pharmacy businesses to register with the Central Licensing Authority.

3. Data Localization: It mandates e-pharmacy portals to be established in India through which they are conducting their business and the data generated has to be kept localised.

4. Privacy: It states that the details of the patient should be kept confidential and not to be disclosed to any third party except the central government or the state government concerned.

5. Prescriptions: For carrying out the sale of prescription drugs (i.e. drugs listed under Schedule H, H1 of the Drugs and Cosmetic Rules) a prescription by a Registered Medical Practitioner has to be uploaded by the customer.

6. Prohibition on sale of certain drugs: The sale of drugs covered by the Narcotic Drugs and Psychotropic Substances Act, 1985, tranquilisers and drugs listed under Schedule X has been prohibited.

7. Prohibition on Advertisement: Advertisement of drugs is prohibited on any media for any purpose by an e-pharmacy.

8. Compliance with the IT Act: E-pharmacies have to comply with the provisions of the Information Technology Act, 2000 (IT Act) and Rules.

9. 24*7 helpline: The rules state that complete information on the medicines will have to be provided by the e-pharmacy holders and a 24/7 helpline should be made available.

 

Advantages of e-pharmacy:

1. Increased access: It is very easy to order prescription drugs through E-Pharmacy. Especially for people who live far away from a traditional pharmacy, the elderly, disabled people, and those who work very intensively, this system is both a very easy and a very fast method of obtaining medicine.

2. Time effective: One of the most important advantages of the E-Pharmacy application is time saving. One can order their medication within minutes and get their prescription medicines very quickly.

3. Affordability: Buying drugs on the internet also saves money. Studies show that buying drugs online can save a third of money in total.

4. More drug options: E-Pharmacy, which offers a much wider range of options than a traditional pharmacy, provides a great advantage to patients. It is not possible to find every drug in a physical pharmacy in a particular area, but there are many more drug options available in general drug stores.

 

Disadvantages of e-pharmacies:

1. Lack of physical evaluation: One of the biggest disadvantages of the online pharmacy model is the lack of physical evaluation capability.

2. Lack of confidentiality: Patients don't even know about the doctor and their verified profile.

3. Privacy issues: One of the issues that raise questions about the E-Pharmacy application is the privacy of personal and financial information.

4. Illegal pharmacies: In some cases illegal pharmacies can be grown.Some illegal online pharmacies sell over-the-counter drugs by putting human health at risk, and it is very difficult to prevent this.

5. Illegal drugs: Without any government regulation, this can be a conducive ground for the sale of illegal drugs in the society.

 

WAY FORWARD:

1. Bring out e-pharmacy rules: The e-pharmacy rules should be brought without any delay to regulate the e-pharmacies across the country.

2. Regulatory authority: Central e-pharmacy regulatory commission may oversee the activities of the e-pharmacies.

3. Privacy issues: Stringent provisions should be brought to punish the e-pharmacies who misuse the patients personal information.

4. Illegal pharmacist, drugs, pharmacies: Decentralised field level visit to monitor the illegal drug sale, illegal functioning of the e-pharmacies.

5. Integrate e-sanjeevani with janaushadhi kendras: Tele-consultation of patients with doctors under e-sanjeevani and getting the prescribed medicines from the janaushadhi kendras.