The Union government is considering restricting the sale of medicines through online pharmacies but it could allow the use of digital prescriptions under the e-pharmacy regulations that are currently being drafted, according to people familiar with the matter.
The decision, yet to be final, comes at a time of concern over the quality and the due diligence checks online pharmacies will carry out.
“E-pharmacies are mushrooming across the country and it can be difficult to keep track of items that are sold online under the name of drugs and the volume of certain drugs that is being sold to one consumer, especially in tier-2, tier-3 cities. Apart from that, data privacy is also an issue,” said a senior government functionary, asking not to be named.
“While online sale of drugs can be an issue, the government is not against use of legitimate e-prescriptions for the convenience of patients,” added the official.
Currently, there are no e-pharmacy specific laws in the country and the government is working on drafting regulations for sale, distribution, and stocking at online pharmacies.
In February, the Centre issued show cause notices to some 20 odd platforms selling drugs online for reported violations.
{{/usCountry}}In February, the Centre issued show cause notices to some 20 odd platforms selling drugs online for reported violations.
{{/usCountry}}“This office has received various representations from time to time raising concerns regarding sale of drugs through online, internet, or other electronic platforms including various mobile applications, in contravention to the provisions, of the Drugs and Cosmetics Act, 1940 & Rules there under. Such sale includes drugs specified in schedule H, H1 and X which are only allowed to be sold by retail under a valid prescription of a registered medical practitioner and supplied under the supervision of a registered pharmacist,” wrote the then drugs controller general of India, VG Somani, in his notice.
“… you are hereby asked to show cause… why action shall not be taken against you for sale, or stock or exhibit or offer for sale or distribution of drugs in contravention of the provisions of the Drugs and Cosmetics Act…” it read further.
The centre began the work to regulate online drugs stores back in 2015, when e-commerce was growing in India and online pharmacies too were becoming popular.
“There was no provision then in the Drugs and Cosmetics Act for e-pharmacies. There were no checks and balances in place, and it could promote self-medication and sale of fake drugs, which is why it was thought to start the process to regulate these,” said a former official working with the central drugs standard control organisation, requesting anonymity.
A consultative committee on e-pharmacies was formed that submitted its report to the national drugs regulator.
The All India Organisation of Chemists and Druggists (AIOCD), an association of medicine traders, has also been highlighting the dangers of online sales.
A senior executive belonging to one of the online pharmacies currently functional, said, “There is nothing illegal happening here. This notice was unfair as not all online stores are violating norms. There may be some but you cannot punish all for misdoings of a handful. Online drugs stores, like other stores selling items online, are meant for the convenience of people who may not be able to step out to buy medicines, those living in remote areas etc. What the government should focus on is regulating online pharmacies like physical retail stores and not banning them.”
The representatives of online pharmacies have sought a meeting with the Union health minister, Mansukh Mandaviya, in this regard.
According to people familiar with the matter, the health minister is likely to meet them soon to discuss the matter that could decide the future of online drugs stores.
“This issue needs to be sorted, and the minister has given time to listen to them,” confirmed another official, requesting anonymity.