Can Homoeopathy doctors dispense medicines?

Dear Homoeopathic doctors,

Of course there are deliberate attempts from different sides to make homeopathy illegal here in India also. But do not panic over the unfortunate media rumours or blunder reporting by Mr.JayanMenon of Malayala Manorama (to be specific) http://www.manoramaonline.com/news/latest-news/2017/11/21/01-cpy-govt.-against-homeo-doctors.html )

Now , is there any issue?

It is the basic right of a homeopathic doctor to dispense medicine to his patients. ARTICLE 37 OF – ‘(Homoeopathic Practitioners Professional Conduct, Etiquette & Code of Ethics – Regulations, 1982 , as amended up to July, 2014)’  says under the heading ” Dispensing”:  A practitioner of Homoeopathy has a right to prepare and dispense his own prescription

( http://www.cchindia.com/homoeopathic-practitioners-professional-conduct-etiquette-code-of-ethics-regulations-1982-as-amended-upto-july-2014/ )

So, any rules made cannot be amended to violate this basic right of a homoeopathic practitioner.

What is being said in the Drugs and Cosmetics act till Nov10th, 2017:

67F. Condition to be satisfied before a licence in Form 20C or Form 20D is granted.-(1) A licence in Form 20C or Form 20D to ⁴[to sell, stock or exhibit or offer for sale or distribute] Homoeopathic medicines shall not be granted to any person unless the authority empowered to grant the licence is satisfied that the premises in respect of which the licence is to be granted are clean and in the case of a licence in Form 20C the sale premises is in charge of a person who is or has been dealing in Homoeopathic medicines and who is in the opinion of the Licensing Authority competent to deal in Homoeopathic medicines:

⁵[Provided that no registered Homoeopathic medical practitioner who is practising Homoeopathy in the premises where Homoeopathic medicines are sold shall deal in Homoeopathic medicines.] .( Ins. by Notfn. No. G.S.R 680 (E), dt. 5-12-1980)

http://www.cdsco.nic.in/writereaddata/2016Drugs%20and%20Cosmetics%20Act%201940%20&%20Rules%201945.pdf

(Page 82 of 635)

Amendment of Drugs and Cosmetic act on  Nov10th, 2017:

In the said rules, in rule 67F, in sub-rule (1),

1. for the words “who is in the opinion of the Licensing Authority competent to deal in Homeopathic medicines:” the following shall be substituted, namely:-

“who is having,-

1. degree in Homoeopathy from a recognised University; or
2. degree in Pharmacy from a recognised University; or
3. Bachelor’s degree from a recognised University with one year experience of dealing in Homoeopathic medicines in the clinic of a registered Homoeopathic Medical Practitioner or with the holder of licence in Form 20C or Form 20D; or
4. diploma in Homeopathic Pharmacy; or
5. diploma in Homeopathy Medicine and Surgery:”;

2. as so amended, for the Proviso, the following Provisos shall be substituted, namely:-

“Provided that the person already registered with the State Licensing Authority as competent person for the purposes of grant of license in Form 20C or Form 20 D or both prior to the coming into force of the Drugs and Cosmetics (11^th Amendment) Rules, 2017, shall continue to be considered as a competent person for the said purposes:

Provided further that no registered Homeopathic medical practitioner who is practising Homeopathy in the premises where Homeopathic medicines are sold shall deal in Homeopathic medicines (this line was there since 1980).”;

http://cdsco.nic.in/writereaddata/GSR%201380(E)%20dated%2010_11_2017.pdf

(page 5 of 7)

So, what is the change – competency for getting pharmacy license was specified. Even though homoeopathic doctors have the right to dispense his own prescription, but cannot practise in a pharmacy holding licence in his name. This remains unchanged.

Mathrubhumi daily has given the exact reporting in this matter.

http://www.mathrubhumi.com/print-edition/kerala/kochi-1.2407306

Have tried to amplify only one portion of the new amendment, which has been interpreted wrongly.

Thank you
Dr. Felix James,
Director, IHRC-Kerala.