Questions & Answers
Selling medicine without being licensed and without prescription
Dear Sir,
I am the accountant of a pharmacy in which I am also a partner.
Recently, when the pharmacist went out for tea, a man came in and asked for an antibiotic. Thinking that it was an emergency, I took the medicine and gave it to him. However, he was from the ministry inspection.
He took a picture of my ID card too. I may face two problems:
1. Giving a medicine without a prescription.
2. Giving medicine not being a pharmacist.
What will I have to face now? Will I be imprisoned? What is the way out?
Ministry of Health policy states antibiotics should not be offered to patients by pharmacists without a doctor’s prescription.
Basically, you have violated Article 2, 3 of the Federal law 4 for 1983 (Practicing without a license) and article 11 (Selling without a prescription).
The Ministry of Health (MOH) generally conducts inspections in pharmacies. However, the DHA (Dubai Health Authority) and The Health Authority - Abu Dhabi (HAAD) also has the jurisdiction to conduct such inspections in the Emirate of Dubai and Abu Dhabi, respectively.
All pharmacies are expected to comply with the law and those found guilty would be referred to investigation committees. A hearing is held and the case decided by the committee whether or not the alleged offender turns up. The licensing committee then decides on the penalty, with the approval of the UAE MOH.
PUNISHMENT falls under article 83 (2) which states that without prejudice to any other harsher punishment decided by other law, an imprisonment for a period not less than 6 months and not to exceed one year, and/ or a fine not less than AED 1,000 and not to exceed AED 5,000, shall be imposed on the person who practised the pharmaceutical profession without fulfilling the conditions stated in this law.
Beside the punishments stated above the court may order the withdrawal of the license (article 86).
Under the code of Conduct rules (7.1) Dubai Community Pharmacy Licensure & Pharmaceutical Practices Guide a temporary suspension of the license might be applied.
Temporary Suspension of the License.
The Licensing Committee can impose similar measures on owners (Article 79, Pharmaceuticals Law 1983):
- Closure of the pharmaceutical establishment for up to 60 days;
Appeal Procedure
The offender can appeal the decision within 15 days from notification to the Minister of Health and Prevention, who must decide on the appeal within 30 days.
