Internet industry body IAMAI on Monday flagged concerns around a recent Health Ministry circular which mandates, among other provisions, that drugs be delivered to patients located within the same revenue district where the company holding the license to sell is located.
The circular dated March 26 lays down conditions like a person licensed to sell and deliver drugs will have to submit an e-mail ID for registration with the licensing authority if prescriptions are to be received through email, and that drugs be supplied at the doorstep of the patients located within the same revenue district where the company holding the license to sell is located, the Internet and Mobile Association of India (IAMAI) said in a statement.
In case of chronic diseases, the prescription will be valid for medicine delivery only if it is presented to the drug retailer within 30 days of its issue. In acute cases, the prescription will be valid only if it is presented to the licensee within seven days of its issue.
"...this could adversely impact the delivery of medicines by making it difficult for them to deliver medicines, even though by definition medicines fall under 'essential services' as allowed by the government under lockdown," the statement added.
IAMAI said online sale of drugs is often facilitated by online marketplaces that are digital platforms facilitating online transactions between customers and sellers.
The services of the platforms may include facilitation of payments, collection, transport or last-mile delivery of the drugs to the customers, or any combination of services therein.
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"The platforms, as digital service providers, are essentially intermediaries and are not expected to hold license in Form-20 or Form-21 under the Drugs and Cosmetics Rules, 1945. Such licenses are held by businesses engaged in the actual act of selling drugs and medicines," IAMAI said.
"The notification fails to take into consideration the role played by digital intermediaries as it only recognises agencies with license under Form-20 or Form-21 to engage in the act of online sales and distribution of medicines," it added.
IAMAI said the provision to allow medicines to be delivered only if available within the same revenue district will likely deprive customers from being able to access important medications if they are not available in the same area as the customer.
Citing an example, IAMAI said a customer looking for a specific medicine in Delhi can only be provided the medicine by an online pharmacy if it is available in its Delhi stocks or with Delhi pharmacies connected to the platform, even though the same medicine may be available in another neighbouring city.
According to IAMAI, the provision under notification barring the supply of drugs outside the revenue district where the licensee is located defeats the premise of e-commerce and the concept of 'One Nation, One Market'.
"This direction is against the interest of general public at large and against the notion of 'access to medicines for all'. The said provison does not leave any alternative for the general public in case medicines are not available with the same revenue district," IAMAI said.
It also defeats the real benefit of online transactions that helps match supply-demand across geographical borders and helps facilitate logistics and supplies at a pan-India level, it added.
The industry body also expressed reservation about the chronic disease prescription not being more than 30 days old.
"Chronic medication is required by patients over long term, and in these circumstances (under lockdown) it is unreasonable to expect them to get a new prescription each month," it said.
IAMAI suggested that the notification must give due recognition to online marketplaces and the role played by such platforms in facilitating and realising online transactions of drugs and medicines by excusing them from any licensing for their activities.
The geographical restriction on sales of drugs, especially in times of the present crisis, should be revoked to allow digital services bring greater efficiencies in supply chain logistics of essential commodities like medicines, it added.
Also, the time period restriction on the validity of prescription for chronic diseases should be relaxed considering the present exigencies under general lockdown.
IAMAI also urged that all forms of digital communications including social media platforms, e-mail and other forms of digital communications be given validity for the sharing of prescriptions.
"The present dilemma created by the notification regarding sale of drugs based on conditions highlighted is against the premise of the e-pharma industry and creates immediate concerns given the emergency arising due to pandemic COVID-19. IAMAI hopes that the industry concerns are given due consideration before the implementation of the suggested provisions," it added.