THIRUVANATHAPURAM: The Health Department has decided not to insist on separate licence for the pharmacies functioning in the private hospitals, which was made mandatory since August 1.
The State Drugs Controller has issued necessary instructions to all the Drug Inspectors in this regard.
The government decision to make mandatory the drug licence was challenged by the Qualified Private Medical Practitioners Association (QPMA) in the Supreme Court. With the government decision not to insist on the drug licence, the Association has decided to withdraw the Special Leave Petition filed before the apex court.
In a letter sent to all the Drug Inspectors, the Drugs Controller has said: "As per the law drug licence are not required for drugs supplied by registered medical practitioners to his own patients under item 5 of Schedule K (Rule 123) of Drugs and Cosmetics Rules 1945.
"The exemption clause as above is extended to clinics or hospitals owned and maintained by single registered medical practitioners or hospitals owned and maintained by husband and wife as single entity as long as provisions of item 5 of Schedule K are strictly complied.''
The State Drugs Control Department had asked all the drug wholesalers and retailers not to supply drugs to the private hospitals from August 1 which failed to obtain separate licence for the pharmacies.
The government decision evoked a poor response from the private hospitals.
Among the 2,000odd private hospitals in the State around 350 hospitals came forward for taking licence.
There was stiff resistance against the government decision since it would give extra power to the State Drugs Control Department to keep a tab on the pharmacies functioning in the private hospitals.
Health Minister P K Sreemathi held discussions with the representatives of Indian Medical Association and also with the representatives of the QPMA to resolve the crisis following which the Government decided not to insist on the licence.
The QPMA had approached the Supreme Court against the government decision claiming that the order has no legal backing. The Association also threatened to shut down the operations of private hospitals if the Government went ahead with the 'controversial' order.
The Association had also pointed out that no other State in the country has this issue since the Drugs Controller has no statutory right to impose drug licence.