Healthy Skepticism Library item: 20158

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Magazine

New legislation
Pharmacy Today 2000 Apr1-2

Full text:

While tightening the legal loophole on internet dispensing of prescription medicines, the Ministry of Health has taken the opportunity to throw in a potpourri of unrelated legislation which includes:

*The sale of paracetamol – and possibly all general sale medicines – from vending machines.

*Pharmacy technicians permitted to compound and dispense medicines

*Computer records instead of a manual book for restricted medicines sales.

A discussion paper on the proposed amendments to Regulations to the Medicines Act 1981 was released on March 20. Comments must be received by April 7.

Court Ruling
The Ministry moved quickly to alter legislation following a surprise court ruling last December that found an Auckland pharmacist was not breaking the law when he sold prescription drugs overseas via the internet, without a New Zealand prescription.

The proposed amendment would require a prescription written by a New Zealand-registered prescriber for any medicines sold or otherwise distribution overseas. The change is expected to become law by July.

The original legislation may have been intended to allow wholesale export of limited shelf life prescription medicines to countries needing medical aid, and it is proposed to continue this exemption for licensed pharmaceutical manufacturers and licensed wholesalers.
The Ministry believes there are now more than 30 pharmacies in New Zealand selling medicines via the Internet. While some are operating within the spirit of the Medicine Act, others are cashing in on the attractiveness to overseas buyers of New Zealand’s relatively low prices and wide range of prescription medicines.

Any sale of a prescription medicine without a prescription breaches the Pharmaceutical Society’s code of ethics, so pharmacists who continue to use the legal loophole are likely to be breaching their own code of ethics.

The society is also concerned that some pharmacists may be trying to cover themselves by getting GPs to sign prescription for patients they haven’t seen.

While a GP may be within the law signing prescriptions for unseen patients, the pharmacist could be in breach of Section 49 of the Pharmacy Act which states that it is an offence to offer money or other considerations as a commission on prescriptions.

The society is working on a method of accrediting internet sites and has been looking at developments in the United States (Pharmacy Today, March page 7).

The Medical Council of New Zealand is concerned about the involvement of medical practitioners in internet medicines and recently released a discussion paper. Guidelines include: *The patient and doctor should have met at least once *Both the patient and doctor should live in New Zealand *The doctor is confident that a physical examination is not required and should not form any special arrangements with suppliers of medicine or laboratory services for personal financial gain.

Vending Machines
The Ministry’s proposal to allow small packs of paracetamol and other general sale medicines like candy bars and sending the wrong message to the public about safety”.

Long opening hours of both pharmacies and supermarkets, plus availability of many general sale medicines through late night service stations and dairies allows widespread access, she added.

Technicians
Pharmacy technicians who have completed the new National Certificate in Pharmacy (Technician) course will be able to compound and dispense medicines if another of the Ministry’s proposals is accepted.
A new category of ‘registered pharmacy technician’ would identify technicians who hold the new qualification.

The elevated status of suitability qualified technicians is expected to ease the shortage of pharmacists.

The proposal has been welcomed by Pharmacy Technicians Association of NZ immediate past president Dianne Gulliver who says this brings New Zealand into line with the current training programmes for technicians in parts of the United States and the UK.