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3 Functioning With Legal and Ethical Framework
3 Functioning With Legal and Ethical Framework
Definition of terms
Law
Is the boy of principles that govern conduct and observance of which can be enforced
in courts.
It demarcates what is permissible from what is not.
It must be obeyed and followed by citizens and is subject to legal citizens sanctions or
consequences.
Is developed in order to ensure that the relationship among persons conform to
certain standard
Pharmaceutical law/ Pharmaceutical Jurisprudence
What is pharmaceutical?
The definition of pharmaceutical depends on the scope of pharmaceutical law, if the law
covers so many items such as drug, cosmetics, medical supplies and sanitary items, it can
be defined as follow: Pharmaceutical shall mean drug, cosmotic, medical supplies, medical
instrument and sanitary item.
Drug is any substances or mixture of substances used in the diagnosis, prevention and
treatment of a disease affecting human and animal. This will include narcotic drugs &
psychotropic substances, pesticide, medicated animal feeding stuff, poisons, radio
pharmaceuticals, blood & blood products, vaccines.
Narcotic drug: is any drug product subject to control according to Narcotic drug control
convention of the United Nations ratified by the country
Psychotropic substance is any substance subject to control according to psychotropic
substance control convention of the united Nations ratified by the country.
Poison is a substance that may cause danger to human, animal, plant or environment when
taken in a small quantity.
Cosmetic is any preparation intended to be applied to human body for cleansing beautifying,
promoting attractiveness or altering the appearance without affecting the body’s structure or
function. Includes like
Skin cream,
lotions,
perfumes,
lipstick,
Shampoos etc.
Medical supply is any article that may be used on the inner or outer part of the body for
diagnosis or treatment of disease in human or animal. This includes suturing materials,
syringes,
needles,
bandages,
guaze,
cotton & other laboratory,
surgery and dental instruments such as x-ray machine, ultrasound, microscope etc.
Substances and Items other than drug that may be covered in the law include:
Food
Cosmotics
Poisons
Medical device
Chemicals
Pesticides
Insecticides
Herbicides
Toiletries
Detergents
Pharmacy law gives certain rights for a Pharmacy personnel and it takes away
freedom.
It says a Pharmacy personnel should:
Possess certain training.
Be registered and licensed to practice Pharmacy
The scope of law on pharmaceutical depends on the range of elements included in the
definition of pharmaceutical and accordingly the law can be divided into two on such
basis.
Law dealing with drugs
Law that covers other substances and items as well as drugs
Part I Write true if the statement is correct or writes false if the statement is incorrect
on the space provided.
1. Narcotic Drug means any drug subject to control according to Narcotic Drugs
Conventions of the United Nations ratified by Ethiopia.
2. Cosmetic is any preparation intended to be applied to human body for cleansing
beautifying,
Part II. Choose the best answer from the given alternatives and encircle your best answer.
3. Which one of the following substance is may cause damage to man, animal, plant
and environment when taken in small quantity.?
A. Food C. Drug
B. Poisons D. Cosmetic
4. The major reasons for legislation dealing with pharmaceuticals are?
A. To ensure proper implementation of pharmaceutical policy.
B. To determine the role of Pharmacy law executive agency and medical practitioners,
use of pharmaceuticals.
C. To ensure that the final customers receive pharmaceuticals of proven quality, safety
and efficacy.
D. All of the above.
2. National drug policy
is a guide for action, containing the goals, set by the government for the pharmaceutical
center, set by the government for the pharmaceutical sector and the main strategies and
approaches for attaining them.
It provides a frame work to coordinate activities of pharmaceutical sector participants the
public and private sectors, nongovernmental organization, donors and other interrelated
parties nation’s drug policy although similar in many ways to those of other countries,
may different objectives, strategies and approaches
To ensure:
Access: equitable availability and affordability of essential drugs
Quality: the quality, safety and efficacy of all medicines
Rational use: the promotion of therapeutically sound and cost-effective use of drugs
by health professionals and consumers.
Other Goals of NDP
Economic related goals
To reduce foreign exchange for pharmaceutical import
To provide jobs (dispensing, pre-packaging, production of pharmaceuticals)
National development goal
Develop national pharmaceutical production
To take a stand on intellectual property rights
Drug policies differ by country due to difference in፡
To meet the country’s demand for essential drugs and to systematize its supply,
distribution and use.
To create conducive situations to make the prices of drugs compatible with the
people’s purchasing power.
To ensure the safety, efficacy and quality of drugs.
To develop a domestic drug manufacturing capacity and gradual supply to the export
market
To expand the training of manpower and drugs research and development.
To devise ways and means for the utilization of traditional drugs in the regular health
services after ensuring their safety and efficacy.
Directions: Answer all the questions listed below. Use the Answer sheet provided.:
Part I. chooses the best answer from the given alternatives and encircles your best answer.
1. Which of the following guide for action, containing the goals, set by the government
for the pharmaceutical center, set by the government for the pharmaceutical sector
and
the main strategies and approaches for attaining them?
A. National drug policy
B. Drug supply system
C. National drug formality
D. CR
2. Drug policies differ by country due to difference in፡
A. The structure of health care system
B. The number of trained pharmacist and physicians
C. The capacity of the drug regulatory agency
D. Features of pharmaceutical distribution system and
Short Answer Questions
3. List out the Major components of a national drug policy
4. Ethical issues in pharmacy practice areas
Law
is the boy of principles that govern conduct and observance of which can be enforced in courts.
It demarkets what is permissible from what is not.
It must be obeyed and followed by citizens and is subject to legal citizens sanctions or
consequences.
Pharmaceutical laws
Types of law
Interpreting a law
Holding trail
Receiving of evidence or testimony
Taking measures accordingly
Appeal
Pharmaceutical law – is a rule of human conduct binding up on all persons engaged in practice of
Pharmacy. It is also restrictive like other laws.
Pharmacy law gives certain rights for a Pharmacy personnel and it takes away freedom. It says a
Pharmacy personnel should:
C. Licensing of premises
No one is allowed to establish Pharmacy establishments/practice without getting license
/authorization to do so from legally authorized bodies after assuring the fulfillment of
requirements.
Types of Pharmacy establishments
- Manufacturer of pharmaceuticals
- Importer of pharmaceuticals
- exporter of pharmaceuticals
Pharmaceutical retail outlets
Pharmacy
Drug shop
Rural drug vender
Pharmaceutical quality control lab.
Pharmaceutical promotion offices
D. Inspection
Pharmacy law exclusive agency is legally authorized to undertake pharmaceuticals inspection
in Pharmacy establishments in order to ascertain to whether there has been a contravention on
law act.
The agency should assign persons with adequate knowledge and experience of the selected
and policy laws, regulations and directives as inspectors.
The rights and obligations of inspectors have to be clearly indicated in the law.
Inspectors are empowered to:
enter any premises.
enter any ship, air craft, and vehicle.
take sample of any medicinal product sold/supplied
take copies of any entry
seize and detain any substance or article or document which they have reasonable cause to
believe
Types of inspection
a) Emergency inspection
b) Regular inspection
E. import of pharmaceuticals
Import of pharmaceuticals must be legally controlled in order to ensure that the imported
pharmaceuticals are
of proven quality, safety, and efficacy.
on the basis of the country’s need.
Requirements to import pharmaceuticals
1. License/authorization to import pharmaceuticals
No one is allowed to import drugs, medical supplies and other pharmaceuticals unless otherwise
licensee/authorized by regulatory authority to do so.
Exemption from license
Drugs
for personal use
for research
for laboratory testing
From donation in emergency and compelling conditions.
License to import pharmaceuticals is issued by drug regulatory authority after assuring the
fulfillment of requirements shown below
a. Personnel
b. Premises – for receiving, storing, dispatching and doing administrative works.
c. Equipments and facilities – for receiving, storing, inventory control
d. Standard operation procedures (OSP) – to be followed when ordering, port clearance,
inventory control, distributing compliant collection and analysis, product recall, etc…
2. Market authorization of pharmaceuticals
Obtaining license to import pharmaceuticals especially drugs and medical supplies is not sufficient,
obtaining market authorization for each product from regulatory authority is legally needed in most
countries.
Obligations of importer of Pharmaceuticals
Not import and distribute pharmaceuticals which are adulterated, counterfeited and
substandard.
Not use the premises for purpose other than specified in the license.
Not make change of address or modify premises.
1. Distribute pharmaceuticals only to those licensed or authorized institutions and in accordance
with their level.
2. Keep and provide information’s as may be requested by
F. Control of Pharmaceutical outlets
No person is allowed to run drug retail outlet without getting/licensed from pharmaceutical
regulatory authority.
Short answer
4. What is rationality of Inspection of pharmaceutical
1. Laws Governing the Practice of Pharmacy
Food, Medicine and Health Care Administration and Control Proclamation (Proclamation
No. 661/2009)
This Proclamation may be cited as the “Food, Medicine and Health Care Administration and
Control Proclamation No. 661/2009”.
In this Proclamation
”food” means any raw, semi-processed or processed substance for commercial purpose or to be
served for the public in any way intended for human consumption that includes water and other
drinks, chewing gum, supplementary food and any substance which has been used in the
manufacture, preparation or treatment of food, but does not include tobacco and substances used
only as medicines
1. Any food may not be manufactured, imported, exported, stored, distributed, transported or
made available for sale or use to the public without permit of the appropriate organ.
2. Any food production institution shall not change the type and production process of the food
without obtaining a permit from. And having it registered with, the executive organ.
1. No food or its raw material, additive or packaging material shall be put into use unless it
complies with the international and national safety and quality standards.
2. Any food shall be preserved in accordance with the standards set or adopted by the
appropriate organ.
3. Any person may not operate a laboratory established for food quality control unless it is
receives certificate of competence from the executive organ.
4. Any person may not operate a food catering service without obtaining a certificate of
competence from the appropriate organ.
5. A certificate of competence issued in accordance with sub-article (4) of this Article shall be
renewed every year.
6. It is prohibited for any institution that engages in food production, processing, storing,
distribution and transportation to hire an employee having contact with the product and who is
infected with communicable disease.
2. The executive organ may issue safety certificate for export food that needs the same.
Food Irradiation
Radiation treatment of food shall be carried out upon ascertaining by the executive organ that it is
designed to meet the requirements of safety and good hygienic practice of food processing.
Narcotic Drug means any drug subject to control according to Narcotic Drugs Conventions of
the United Nations ratified by Ethiopia. This shall also include a drug that is categorized as
narcotic drug by the Authority;
A special license issued by the Authority shall be required to import, export, manufacture or
distribute narcotic drugs.
A special license to import, export, manufacture, possess or store narcotic drugs psychotropic
substances shall be issued only to persons having drug trade license shall be issued only to
persons having drug trade license organizations
1. Any person having a permanent special license to import or export narcotic drugs or
psychotropic substances. shall apply for a special import or export permit for each
consignment; such special permit shall be valid only for ninety (90) days.
2. No person shall import or export narcotic drugs or psychotropic substances through post office
or by ship.
3. No person shall import or export narcotic drugs or psychotropic substances packing them with
other drugs or articles.
4. Any person who imports or exports narcotic drugs or psychotropic substances shall comply
with packaging guidelines issued by the Authority(Federal Negarit Gazeta - No. 60 29 th June,
1999- Page 1113)
Prescriptions
1. Only a medical practitioner who is registered and have a special license shall prescribe narcotic
drugs.
2. Psychotropic substances shall be prescribed by a licensed and registered medical practitioner.
3. No medical practitioner shall prescribe narcotic drugs and psychotropic substances for himself.
4. Narcotic drugs and psychotropic substances shall only be prescribed on a special prescription
paper.
5. The management of and standard that any prescription for narcotic drugs or psychotropic
substances shall fulfill would be set forth in the regulation to be issued pursuant to this
Proclamation
Storage
Narcotic drugs and psychotropic substances and invoices, registers, and prescriptions shall
be stored in a lockable metal cupboard or in a special room the key of which shall at all
times remain in the hands of the authorized professional.
Disposal
Any person shall keep damaged, expired, or seized narcotic drugs or psychotropic
substances in a separate place and shall dispose them in accordance with the directive to
be issued by the Authority pursuant to this Proclamation
Cessation of Business
Any person who is licensed pursuant to this Proclamation and who ceases to operate his
business shall deal with the stocks of narcotic drugs, psychotropic substances, invoices,
other documents, and prescriptions related to same as directed by the Authority
“Poisons” means a substance that may cause damage to man, animal, plant and
environment when taken in small quantity. A poison by its action on tissue organ of the body
can impair function or destroy life.
Is a law governing poisons in order to ensure their proper handling transportation storage
and use as well as proper record keeping and reporting
o The lists of poisons are usually divided into two parts:
Poisons in part I
These poisons can be sold only by authorized seller of poisons i.e. from retail pharmacies
or whole sale by or under the supervision of a pharmacist
Poisons in part II
These poisons can be sold from retail pharmacy or whole sale and other shop keeper who
are listed or authorized by local regulatory authorities
Directions: Answer all the questions listed below. Use the Answer sheet provided.
Part I:-Choose the best answer from the given alternatives and encircle your best answer
1. Which one of the following substances is may cause damage to man, animal, plant and environment
when taken in small quantity.
A.
B. Food
C. Poisons
D. Drug
E. Cosmetic
2. Most of the torts of pharmacists are
A. Act of Negligence
B. Violation of law as negligence
C. Liability for Negligence
D. All of the following
3. Which one of the following drug retail out-let run by a regiDrug store
A. Drug shop
B. Community pharmacy
C. Drug vendor
D. Community pharmacist.
Part II:-Instruction Give short answer for the following questions(out of 3%)
4. List out the Prohibited activities by pharmacist/druggist(2pts)
A. _______________________________
B. _______________________________
C. _______________________________
D. _______________________________
5. Write Type of inspection(1pts)
A. _______________________________
B. _______________________________
6. Laws, regulations and directives pertaining to pharmaceutical
services in Ethiopia
Product registration
Directions: Answer all the questions listed below. Use the Answer sheet provided :
Instruction: Choose the best answer from the given alternatives and encircle your best
answer.
1. Re-registration of pharmaceutical is necessary in order to accommodate the change
in________
A. Quality
B. Safety
C. Efficacy
D. Strength
E. All of the above
.Short Answer Questions
2. What is Product registration and Registration of Pharmaceutical
Reference
1. DiMatteo, M.R. (1994). Enhancing patient adherence to medical recommendations.
2. National CRC Manual June 2017 ethiopia
3. Dispensing of Pharmaceuticals-III | ORHB december 2017
4. Beth A. Lown, Julie Rosen and John Marttila. An Agenda For Improving
Compassionate Care: A Survey Shows About Half Of Patients Say Such Care Is
Missing. Health Affairs 30, no.9 (2011):1772-1778.
5. FDRE, Regulation No ,299/2013, Food, Medicine and Health Care Administration and
Control, Council of Ministers Regulation
6. J Med Ethics-2003-Macklin-275-80.pdf
7. J Med Ethics-2008-Molewijk-120-4.pdf
8. Harry Chambers, Harry E. Chambers Effective Communication Skills for Scientific and
Technical Professionals 2000
9. EMA, Code of Ethics for Doctors practicing in Ethiopia, 2009
10. Royal Pharmaceutical Society of Great Britain, Code of Ethics for Pharmacists and
Pharmacy Technicians, Aug, 2007