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.