RE-ITERATING SECTION 20 (B) (1) (B) OF R.A. 3720 AS AMENDED BY SECTION 12 OF E.O. NO. 175 AND SECTION 29-A OF E.O. 175
175, otherwise known as Food, Drug and devices and Cosmetic Act states
that:
“Section 20 (a) . . .
(b) (1) Drugs intended for use by man which :
(A) x x x;
(B) because of their toxicity or other potentiality for harmful
effect, or the method of their use is not safe for use except under the
supervision of practitioner licensed by law to administer such drug;
shall be dispensed only (1) upon a written prescription of a practitioner licensed by law to administer such drug,
or (2) upon an oral prescription of such practitioner which is reduced
promptly to writing and filled by the pharmacist, or (3) by refilling
any such written or oral prescription if such refilling is authorized by
the prescriber either in the original prescription or by oral order
which is reduced promptly to writing and filled by the pharmacist. The
act of dispensing a drug contrary to the provisions of this paragraph
shall be deemed to be an act which results in the drug being misbranded
while held for sale.” (underscoring ours)
Furthermore, Section 29-A of E.O. 175 amending R.A. 3720 provides:
“Section 29-A. In addition to the administrative sanctions
provided for under Letter of Instructions No. 1223, the Secretary is
hereby authorized to impose, after notice and hearing, administrative fines of not less than one thousand pesos nor more than five thousand pesos for any violation for this Act.” (emphasis ours)
Therefore, in the interest of public health and safety and to comply
with the aforecited provision of law, all licensed drug establishments
and outlets are reminded to dispense prescription drugs with correct
prescription.
Adopted: 17 Jan. 2000
(SGD.) WILLIAM D. TORRES, PH.D.
Director