Maharashtra FDA bars hospitals from forcing patients to buy medicines in-house

New Delhi: Maharashtra's Food and Drug Administration (FDA) has directed all hospitals, medical practitioners and affiliated pharmacies in the state to stop compelling patients to buy medicines exclusively from pharmacies located within or attached to hospital premises.

FDA commissioner Tukaram Mundhe, in his order dated June 12, mandated all hospitals and doctors to hand prescriptions directly to patients or their relatives and prohibits forwarding them to any in-house or affiliated pharmacy without the patient's consent. "Hospitals must also inform patients that they are free to purchase medicines from any licensed pharmacy of their choice." The directive states that "refusing to provide the prescription, withholding it, or sending it directly to a specific pharmacy affiliated with or located within the hospital premises without the patient's consent constitutes an unfair trade practice and a violation of the patient's consumer rights."

Additionally, all hospitals must display a board prominently in both Marathi and English stating "Patients are not compelled to purchase medicines solely from the pharmacy located within this hospital. Patients or their relatives can purchase medicines from any licensed pharmacy."

The FDA said the practice of withholding prescriptions or directing patients to specific pharmacies constitutes an unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019.

A retired official from the state government told ET that private hospitals make 2 to 5 additional profit margins by pushing patients to buy medicines from their own pharmacies. The general excuse is that the quality of medicines purchased from outside may be a question but that is generally a false claim

The directive specifically notes that such practices involve “compelling patients who are already in a vulnerable or sensitive state due to their need for medical treatment to purchase medicines from medical outlets owned by or affiliated with the treatment facility.”

The order also invokes Article 21 of the Constitution, which guarantees the right to life and personal liberty, and which the Supreme Court has interpreted to include the right to health and medical services. The directive affirms that “the patient has the right to obtain the medicines prescribed by the doctor to receive information regarding the medicines and to purchase medicines from any validly licensed pharmaceutical vendor.”

The FDA further noted that in several hospitals’ prescriptions were not being handed to patients at all but were instead being forwarded directly to affiliated pharmacists, leaving patients “with no option to purchase medicines from a vendor of their choice.”

Mundhe has directed all divisional joint commissioners, assistant commissioners and drug inspectors across the state to bring the order to the notice of hospitals and practitioners in their jurisdictions and verify compliance during regular inspections.

The FDA warned that “appropriate legal action will be taken against the concerned institution if non-compliance with the instructions is observed.”