"Prohibition of Prescription Drug Advertising, Prohibition of Drug Sales Mediation and Advertising
Violation of Pharmacist Act and Medical Service Act Including Obligation of Direct Examination"
[Asia Economy Reporter Kim Young-won] The Ministry of Health and Welfare has reportedly determined that the telemedicine platform DoctorNow's "Get the Medicine You Want Prescribed" service may violate the Pharmaceutical Affairs Act and the Medical Service Act.
On the 5th, the office of Democratic Party lawmaker Shin Hyun-young inquired with the Ministry of Health and Welfare about whether DoctorNow's "Get the Medicine You Want Prescribed" service violates current laws. The ministry responded that "the service may violate the Pharmaceutical Affairs Act and the Medical Service Act, including prohibitions on advertising prescription drugs, prohibitions on mediation or advertising of drug sales, and violations of the obligation for direct medical examination."
Launched in May by DoctorNow, the "Get the Medicine You Want Prescribed" service allows patients to select desired medicines listed on the application (app), after which a doctor calls within 10 minutes to issue a prescription, and the medicine is delivered. However, after medical organizations filed complaints citing concerns such as drug misuse, the service was suspended on the 16th of last month.
The Ministry of Health and Welfare first viewed the "Get the Medicine You Want Prescribed" service as contrary to the purpose of Article 68, Paragraph 6 of the Pharmaceutical Affairs Act, which prohibits mass advertising of prescription drugs. The ministry stated, "Since it is not the doctor who effectively decides the medicine but the service user who freely selects the desired prescription drug to be provided, considering concerns about misuse and increased consumer burden due to advertising costs, this contradicts the purpose of the Pharmaceutical Affairs Act that prohibits mass advertising of prescription drugs."
Additionally, the ministry judged the service method of "automatic matching" to pharmacies as a violation of the temporary telemedicine allowance guidelines, unless there is only one pharmacy capable of dispensing the medicine. According to the temporary telemedicine allowance guidelines, doctors must send prescriptions to the pharmacy designated by the patient during telemedicine.
The ministry also considered that if a doctor prescribes requested medicine without actually examining the patient, it could constitute a violation of the obligation for direct medical examination.
The Ministry of Health and Welfare plans to respond to illegal activities such as filing complaints in cooperation with relevant local governments and to establish guidelines related to the operation of telemedicine platforms as needed.
Lawmaker Shin pointed out, "If medicines are indiscriminately misused through telemedicine platforms, it could pose a serious risk to public health." She added, "Although the Yoon Seok-yeol administration has adopted the institutionalization of telemedicine as a national agenda, the DoctorNow case revealed gaps even in temporary telemedicine. Thorough analysis of the effects and side effects of telemedicine and deep discussions with the medical community are necessary to promote the institutionalization of telemedicine, which will help establish a substantial and safe telemedicine system."
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