Plea in HC to ensure prescription of generic drugs

‘Doctors persist with branded medicines despite MCI circular, says petition

April 01, 2019 01:46 am | Updated 01:46 am IST - New Delhi

A petition filed before the Delhi High Court has sought directions to the Centre and the Medical Council of India (MCI) to ensure that doctors prescribe generic medicines.

The petition filed in public interest by advocate Amit Sahni contends that the Pradhan Mantri Bhartiya Janaushdhi Pariyojana (PMBJP) was introduced in 2008 to lower healthcare costs by providing quality generic medicines at affordable prices. The MCI had on January 21, 2013, issued a circular to deans of all medical colleges, directors of all hospitals, and presidents of all State medical councils, calling on doctors to prescribe drugs with generic names as far as possible.

The authorities have failed to ensure this despite clear statutory directions, Mr. Sahni claimed. He said the generic medicines work in the same way and provide the same clinical benefit as the brand-name versions and cost 5% to 60% less than the branded counterparts. He argued that a citizen from the lower middle or economically backward class, who may not be able to approach court due to lack of awareness, would benefit from a direction in this regard.

The petitioner sought strict compliance of regulation 1.5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, which mandates that every physician “prescribe drugs with generic names legibly and preferably in capital letters”. He claimed that the generic medicine stores were not available in and around government hospitals or other major private hospitals. To benefit the poor, he has asked for directions to set up generic medicine centres under the PMBJP near all super-speciality hospitals across India.

The court is likely to take up the plea on Monday.

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