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Doctors cannot run pharmacies, sell medicines commercially without licences

Islamabad: Doctors cannot run pharmacies or sell medicines commercially at their clinics without a valid drug sale licence, health authorities have warned, directing practitioners operating unlicensed outlets to obtain licences immediately or face legal action.

The instructions follow a Federal Constitutional Court ruling that registration as a medical practitioner does not remove the licensing requirement for commercial medicine sales.

Drug distributors have also been advised to stop supplying therapeutic goods to establishments operating without valid drug sale licences.

An advisory issued by the Islamabad Health Department’s Pharmacy Services and Drug Control wing on October 6 directs registered medical practitioners already running unlicensed pharmacies or medical stores to apply for and obtain the required licences without delay. It also covers other establishments selling therapeutic goods or storing them for sale.

Marked “Most Urgent”, the advisory was issued under the Ministry of National Health Services, Regulations and Coordination and cites the court’s September 23 judgment in case C.P.L.A. 538-P/2023.

Enforcement teams have been directed to implement the instructions with immediate effect and initiate regulatory action against violations.

However, the directive distinguishes commercial medicine sales from a doctor dispensing limited quantities of medicines directly to patients consulting them. Such dispensing may qualify for an exemption available under the law, subject to compliance with the applicable legal requirements.

The advisory makes clear that this exemption cannot be used to operate an unlicensed pharmacy or medical store.

The court ruling similarly distinguishes a doctor’s clinical dispensing from running a commercial drug outlet requiring a licence under the Drugs Act, 1976.

The case arose from an appeal by the Khyber Pakhtunkhwa Health Department against a Peshawar High Court order that had halted proceedings against doctors accused of storing and selling medicines without licences. The Federal Constitutional Court set aside that order and allowed the statutory proceedings to continue in accordance with law.

The ruling means professional registration alone cannot substitute for the licence required to operate a commercial medicine outlet. Doctors operating such establishments remain subject to the drug sale licensing requirements.

Signed by Sardar Shabbir Ahmed, secretary of Islamabad’s Quality Control Board, the advisory was copied to the district health officer and licensing authority, the Pakistan Medical and Dental Council registrar and the Islamabad Healthcare Regulatory Authority. Drug inspectors responsible for the city, Saddar and rural areas were instructed to ensure compliance and take necessary legal action.

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