The Thai Medical Council has filed a lawsuit with the Supreme Administrative Court seeking to revoke the National Health Security Office (NHSO) policy on "Primary Pharmacy Services." This initiative enables patients with 16 specific minor conditions to obtain medication directly from participating community pharmacies without visiting a hospital. The council claims this violates the Medical Profession Act, which stipulates that only registered medical practitioners can prescribe medication.
Initially, the Central Administrative Court rejected the case, citing delayed filing beyond the 90-day window. However, the Supreme Administrative Court accepted the case, acknowledging its potential impact on public welfare.
Before the lawsuit, the Medical Council had requested the Council of State to rule against pharmacists dispensing medication independently, arguing that only doctors have the expertise to diagnose and prescribe. The Pharmaceutical Council countered that the policy involves only over-the-counter (OTC) drugs, which pharmacists are qualified to dispense for symptom relief without diagnosing illnesses.
The Council of State advised against legal confrontation, warning that strict interpretation of the law could backfire. Specifically, the same act gives doctors authority to prescribe but requires pharmacists to dispense, meaning most private clinics without in-house pharmacists could also face legal challenges. The Medical Council, however, proceeded with its lawsuit.
The NHSO clarified that the policy aims to reduce overcrowding at hospitals by providing free medication for minor ailments under the universal healthcare scheme. The policy applies only to OTC drugs, ensuring safety and leveraging pharmacists' expertise to alleviate mild symptoms.
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