COVID 19: Sharing medication without a prescription
As the third wave of the Coronavirus continues to batter South Africa, and vaccine rollout remains slow, many people are turning to illicit sources to obtain medications such as Ivermectin. If you’ve bought medicines before, you will know that there are those you can’t just grab off the shelf without speaking to your pharmacist, and for good reason. Medications can have serious side effects if not used as intended.
Pharmacists and medical practitioners could be held liable if they incorrectly prescribe or administer medication due to negligence. For more information on what to do if you have suffered due to pharmaceutical negligence see our blog article “Were you prescribed the incorrect medication?”
What does this mean for the man on the street?
It is against the law to share prescription medication
Even though it may seem harmless to share prescription drugs with a friend or family member, doing so involves many risks with potentially dangerous consequences. It’s illegal: Legislation prohibits the sharing of prescription drugs that are controlled substances. Prescription medication may only be sold and dispensed by people that are authorised and licenced to do so.
Medicine Schedules
You may still be wondering why certain medicines are easily available over the counter while others need a doctor’s script? Why are some medicines so easy to acquire and others, not quite so easy? What’s the difference? The answer is in the way they’re scheduled.
The possession, manufacture, use and distribution of medication is regulated by the Medicines and Related Substances Act (previously Drugs Control Act) 101 of 1965. The SA Health Products Regulatory Authority (SAHPRA) provides guidelines on the scheduling and regulation of medication.
Medications are categorised into different Schedules ranging from Schedule 0 (zero) to 8 (eight). Medicine schedules make up the classification system used to define a medication’s level of risks and benefits. And, as the possible medicinal risks increase, so does the schedule – with South Africa’s highest being S8.
- Any Schedule 0 substance may be sold in an open shop.
- Schedule 1 substances are known to be substantially safe in use, are to be sold and used by a pharmacist or other healthcare practitioner in order to ensure safe use. Products containing Schedule 1 substances are indicated for minor diseases or symptoms and may not be sold to persons under the age of 12 years.
- Schedule 2 medicines are available without a prescription, but require an even greater level of control than Schedule 1 medicines.
- Schedule 3 – 6 substances or “prescription-only medicines” are indicated for use in disease or conditions which require professional medical, dental or veterinary diagnoses and management.
- Schedule 7 – 8 substances are not recognised for medical use and are categorised for scientific or research purposes and require extra-ordinary permission.
What are the implications for the public?
The legislature allows flexibility on the use of medications only in special circumstances. The SA Health Products Regulatory Authority (SAHPRA) and various parties fighting for the use of Ivermectin have reached a settlement agreement for the compounding of and access to the drug.
The court order of 6 April 2021 reads that “Registered medical practitioners who are entitled to prescribe medicines in schedule 3 of the act, may, in their professional discretion, prescribe ivermectin to be compounded into a medicine that contains ivermectin as an active ingredient for the treatment of their patients, on condition that the medicine is compounded by the holder of a licence.”
Doctors may now prescribe Ivermectin for Covid-19 thanks to the settlement agreement. This does not mean that Ivermectin can be sold or used without a prescription. It is still necessary for the drug to be used under the care of a qualified medical practitioner as a Scheduled drug.
It remains illegal to provide prescription medication to another person unless you are licenced to do so. Providing medication without the necessary qualifications or authorisation could result in legal liability if the user should suffer any harm.
If you have suffered harm due to pharmaceutical negligence, contact Paul du Plessis Attorneys at 012 809 1588 or send an e-mail to paul@pauldup.co.za
Written by Dané du Plooy
Sources:
https://www.iol.co.za/lifestyle/health/the-meaning-behind-medicine-schedules-9496292
https://www.alliancemidmed.co.za/assets/documents/helpfulinfo/themeaninbehindmedicineschedules.pdf