Health Department to defend dispensing regulations before the Constitutional Court

10 November 2004

A case lodged by the Affordable Medicines Trust (AMT) and the National Coalition on Dispensing (NCD) against the provisions of the Medicine and Related Substances Act on licences for dispensing of medicine will be heard in the Constitutional Court in Johannesburg tomorrow (Thursday, November 11).

The applicants were objecting to amendments to the Medicines Related Substances Act, which require health professionals, other than pharmacists, wishing to dispense medicines to obtain a licence from the Director General of the Department of Health.

The Pretoria High Court dismissed the original application on this matter with costs in July 02 this year. The Department hopes that the Medicine Act will once again stand the test of our judicial system when this matter is considered by the Constitutional Court tomorrow. We are confident that despite the opposition to transformation of the health sector, we will be able to achieve the objectives of this Act - to make safe, affordable, quality medicine available to all South Africans.

Meanwhile, the Department of Health is making good progress in processing applications and issuing licences for dispensing health professionals.

Applications for dispensing licences are processed within 10 days of receipt of a properly filled application form and a proof that the applicant is registered with the Health Professions Council of South Africa (HPCSA) and has completed the dispensing course.

Any delay beyond this period is as a result of the following:

Some applicants have not completed the course, which is the main requirement for a dispensing licence and are therefore making it difficult for the Department to finalise their applications. We would like to urge these health professionals to complete their studies and submit the proof of completion of the course to enable the Department to finalise their applications.

The course is designed to assist health professionals to uphold high standard of dispensing practice including:

We should recall that many health professionals, including doctors, delayed enrolling for the dispensing course as part of a protest against the Medicines and Related Substances Control Act, which requires that any health professional, other than a pharmacist, obtains a licence from the Department of Health in order to be able to dispense medicines.

Issued by: Sibani Mngadi, Spokesperson for the Minister of Health, 0827720161

Or

Contact: Charity Bhengu, Department of Health, 073 268 7132, (012) 312 0713