Government order on dispensation of drugs unsustainable: Kerala High Court

The Kerala High Court has held that the government order enabling junior public health nurses to dispense drugs cannot be sustained under the law. 
Kerala High Court. (Courtesy: WikiMedia Commons)
Kerala High Court. (Courtesy: WikiMedia Commons)

KOCHI: The Kerala High Court has held that the government order enabling junior public health nurses to dispense drugs cannot be sustained under the law. The court also directed the state government to take necessary steps to dispense drugs through qualified pharmacists in accordance with law.

The court issued the order on a petition filed by M Sabira, of Malappuram, challenging the order of the Director of Health Services (DHS) with regard to the distribution of medicines through unqualified pharmacists. 

According to the petitioner, in terms of Section 42 of Pharmacy Act, 1948, no person other than a registered pharmacist shall compound, prepare, mix or dispense any medicine on the prescription of a medical practitioner.

The DHS refuted the allegations and submitted that the order clearly mentioned dispensing of the medicines from the pharmacy shall be done only by the registered pharmacists and the dispensed medicine shall be distributed by the junior public health nurses to needy patients who have difficulties in travelling regularly for getting medicines.

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