The Federal Constitutional Court (FCC) has ruled that registered medical practitioners can prescribe and dispense medicines to their own patients but cannot operate medical stores or retail drug outlets without a valid license.
A two-judge FCC bench, led by Chief Justice Aminuddin Khan and comprising Justice Ali Baqar Najafi, issued the ruling while deciding an appeal filed by the Khyber Pakhtunkhwa health department secretary. The court set aside a June 5, 2023 order by the Peshawar High Court’s D.I. Khan bench that had restrained regulatory action against doctors allegedly operating medical stores and dispensaries.
The FCC held that Section 31(4)(a) of the Pharmacy Act only allows registered doctors to dispense medicines to their own patients or fulfill their own prescriptions. The provision does not allow doctors to stock and sell medicines through a medical store without a license under the Drugs Act 1976.
The court noted that Sections 17 and 18 of the Drugs Act authorize drug inspectors to inspect premises and seize medicines, while Section 23(1)(c) requires anyone selling drugs to obtain a license.
The FCC also rejected the argument that medical registration exempts doctors from drug licensing requirements, emphasizing that the Drugs Act regulates the storage, distribution and sale of medicines.
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