إشکاليات عمل وتعاقدات الصيدلى فى ظل تداعيات فيروس کورونا المستجد | ||||
| مجلة الدراسات القانونية والاقتصادية | ||||
| Article 9, Volume 7, Issue 2, December 2021, Page 656-833 PDF (3.28 MB) | ||||
| Document Type: المقالة الأصلية | ||||
| DOI: 10.21608/jdl.2021.209774 | ||||
 View on SCiNiTO | ||||
| Author | ||||
| عزت عبد المحسن سلامة | ||||
| مدرس بقسم القانون المدنى کلية الحقوق جامعة عين شمس | ||||
| Abstract | ||||
| The motivation towards this research is due to the randomness surrounding pharmacies, the practice of pharmacy work by unqualified people, the focus of some pharmacists on profitability, the emergence of pharmacy chains, the lack of observance of the ethics and ethics of the pharmacy profession as a lofty profession and its effective role on public health, and the spread of unusable medicines. Some pharmacies are a back door to the illegal trade, and there are many negatives and legal and realistic problems that have a great impact, especially when viruses, epidemics and diseases spread, and therefore it is necessary to reconsider the legal and supervisory organization for the practice of the profession of pharmacy in proportion to the problems surrounding the work of pharmacy, pharmacy, medicine and what has happened Pharmaceutical work changes, especially during periods of the spread of viruses and the consequent laws, regulations, government decisions and precautionary and preventive measures to limit their spread, and these decisions affect the work and contracts of the pharmacist with patients, pharmacy workers, and drug suppliers, and accordingly the research deals with the definition of pharmaceutical work, and the Corona virus. And contractual weakness in the introductory study, and it deals in the first chapter with the problems of the Corona virus A on the work of the pharmacist and his contracts with patients, and it deals in the second chapter with the problems of the Corona virus on the pharmacist’s contracts with the pharmacy workers, and in the third chapter it deals with the problems of the Corona virus on contracts with drug suppliers, and through the research we reached the following results and recommendations: 1- The necessity for the legal system of the pharmacy profession to adopt special rules and a clear and specific philosophy during periods of the spread of epidemics, diseases and viruses in which the civil nature of the pharmaceutical work is given priority, and to deal with it as a humanitarian work and a lofty profession, and to limit the legal texts and rules that establish the commercial and profitable character, and to activate the system Inspection of pharmacies and medicine, ensuring the pharmacist’s presence, strictly preventing the unqualified from practicing pharmacy work, and setting special rules that regulate the impact of epidemics, diseases and viruses on the pharmacist’s work and his contracts with patients, pharmacy workers, and drug suppliers. 2- We appeal to the legislator to oblige each pharmacy owner and manager to show everyone who works inside the pharmacy, to clarify or prove his identity, and the nature of his work, by wearing an identification card that shows his name, qualification, and the nature of his work inside the pharmacy; To provide the patient with sufficient knowledge of who is inside the pharmacy, and so that he can know who is dealing with him, and this identification card will obligate the pharmacist to be present inside the pharmacy, and to perform the pharmaceutical work himself, or under his supervision, and to seek the assistance of only those who are legally allowed to practice pharmacy work. 3- 3. We appeal to the legislator to adopt the idea of the printed medical ticket, because it includes the prescription issued by the doctor, in order to avoid any errors due to the doctor’s bad handwriting in some cases, or the material error when writing the medicine at other times, and so as not to cause confusion or confusion in the name of the drug due to There are thousands of registered and licensed medicines that are similar in their names. 4- A precise identification of the pharmacist's assistant must be established, and the conditions that must be met therein must be specified; Because the Egyptian Pharmacy Profession Law 127 of 1955 AD confuses the pharmacist and his assistant, as it sometimes equates them, and sometimes distinguishes between them in rights and obligations. 5- We suggest the necessity of amending the text of Article 30 of the Pharmacy Practice Law, which permits a pharmacist to be the owner or partner of two pharmacies; Because the law of practicing the profession of pharmacy does not allow in article nineteen of it the owner or manager of the pharmacy to manage more than one pharmacy, it is not acceptable for a pharmacist to own two pharmacies, and on the other hand he makes him manage only one of them, and assigns others to manage, and thus reduces the chance of a college graduate A pharmacist suffers from unemployment in owning and managing a pharmacy, especially with the condition of 100 meters between pharmacies. More than two pharmacies, and the excess is restricted to other names. 6- We suggest increasing the number of times of inspection of pharmacies and increasing the fee to commensurate with the purchasing value and to ensure the seriousness of the inspection and the achievement of its objectives, as the Law on the Practice of the Pharmaceutical Profession in Article Sixteen of it estimates the annual fee for inspection at only one pound, and this is the main reason for the lack of seriousness required in Oversight and inspection of pharmacies, and we also suggest that the period granted to the license holder to provide health requirements be reduced and may not exceed thirty days instead of sixty days. The year and periodically, and it is never permissible for the inspection to be annually only once during the year, and given the seriousness of the consequences of the pharmacist’s presence inside the pharmacy despite being infected with the virus, the Ministry of Health, the inspection bodies on pharmaceutical work, the Pharmacy Syndicate or the authorities that authorize it to perform smears must be concerned. Pharmacists and all pharmacy workers periodically during the period of the epidemic to prevent its spread, and to ensure adherence to preventive measures inside the pharmacy, given that the pharmacy Unfortunately, a fertile environment in which infection with the virus is easy, if precautionary measures and measures are not adhered to. 7- A precise determination of the duration of the exercise that a pharmacy student or graduate must train must be established, as the law sometimes stipulated that it should not exceed two years in Article 24 of the Law of Practicing the Profession, and sometimes it was left to be determined by university regulations in Article 23 of the same law. 8- Re-drafting Article 25, which specifies the conditions that must be met by male and female workers in the pharmacy, as it may be understood from it the possibility of workers inside the pharmacy when they have a license from the Ministry of Health, are able to read and write, and have no criminal records; Because this will actually result in the practice of pharmacy work by unqualified persons, and this has a serious impact on public health in light of the weak supervisory inspection of pharmacies, and the absence of the pharmacy owner or manager in the pharmacy all the time. 9- Reconsidering the pharmacist’s obligation to inform and inform about medicine, as the drug producing companies, when submitting the medicine bulletin, must take into account that this leaflet is presented to inform and enlighten the patient and the doctor together, and accordingly, it must prepare in part accurate and technical information to inform and enlighten the doctor, and it must It also contains simple, understandable and uncomplicated data and information for the patient to benefit from. 10- Tightening control over pharmaceutical work and its controls, to prevent the presence of unqualified persons inside the pharmacy, tightening the rules of pharmacist responsibility at the time of the spread of epidemics and diseases to prevent the dispensing of medicine without a medical ticket, and setting special rules for responsibility when dealing with expired medicines. 11- Compulsory insurance on the pharmacist's responsibility to achieve the social responsibility of civil, and to guarantee the rights of patients. 12- Tightening the rules of responsibility for those who violate the provisions of the Pharmacy Practice Law, as unfortunately the penalty for violating the dispensing of medication without a medical ticket is still very weak according to Article 83, 84 of the Egyptian Pharmacy Practice Law, as the penalty is a fine of no less than two pounds and not more than two pounds. For ten pounds, without prejudice to any more severe penalty stipulated by another law with the confiscation of the drugs subject of the violation, and this penalty is almost ineffective because it is not commensurate with the gravity of the consequences of the pharmacist’s error on human health and life, and it is not serious in achieving its goals especially During the period of epidemics and viruses. 13- Repeal Article 9 of the Pharmacy Practice Act; Because it has many shortcomings, as it made an exception to the administrative qualification requirement, which requires that whoever practices the pharmaceutical work be bound by the schedule of the Pharmacy Syndicate, and the explicitness of the text of Article Nine can be understood from it that it expands the scope of the exemption from scientific capacity, as it allows the Minister Health Granting a license to practice pharmacy work to those who do not meet the requirement of scientific qualification, the condition of registration in the Ministry of Health registry, and the condition of passing the equivalency exam for those who have obtained a diploma or a foreign scientific degree equivalent to a Bachelor of Pharmacy, in addition to that this article allows the Minister of Health to grant a license to practice work. The pharmacist took the opinion of the Pharmacists Syndicate, and did not require the approval of the Pharmacists Syndicate. 14- The practice of pharmaceutical work should be prohibited in items that are not related to pharmaceutical work, as the French legislator prohibits the pharmacist from dealing in items other than those specified in the list issued by the French Minister of Health based on a proposal by the National Council of the Medical Syndicate, and the French pharmacist is also prohibited from acquiring substances Drugs except within the permissible range, and they are also prohibited from selling any secret medicine. 15- Putting public health codifications on the same system as the French public health law, including all laws related to medical and pharmaceutical work, medicine, pharmaceutical products, medical supplies, vaccines, serums, and forced pricing of medicine...etc. 16- Amending the text of Article 33 of the Law on the Practice of the Pharmacy Profession to keep pace with scientific progress and specialization and to exclude the veterinarian and midwife from issuing the medical ticket. It is required that the medical ticket be written electronically in order to prevent confusion, abbreviation and errors in writing the ticket and the resulting risks and to identify any modification or jam In the medical ticket. 17- Teaching the law of practicing the profession of pharmacy to students of the Faculty of Pharmacy, first year, to create a legal and professional culture for them and to identify their rights and obligations accurately at the beginning of their professional career with a focus on the ethics of the pharmacy profession and that this profession is sublime and aims to preserve public health within the community. 18- We suggest separating the rules of veterinary pharmacy, which are concerned with the prevention and treatment of animals, from the rules of public pharmacies, which are concerned with the treatment and prevention of humans and any other medical purpose, as the first article of the Pharmacy Practice Law 127 of 1955 AD makes the practice of pharmacy work for the prevention and treatment of humans and animals . 19- We suggest that the pharmacist should be subject, when licensed to practice the profession of pharmacy, to a medical examination, especially in periods of epidemics and diseases, and that this medical examination should be periodic even after the license, and it may take place suddenly, because the medical examination helps to ensure the health and physical safety of the pharmacist and to overcome any A health barrier that can hinder the pharmacist when practicing his work. 20- When licensing the opening of a pharmacy, we suggest that the pharmacist submit a statement of a body that guarantees that there are no criminal judgments against any of his relatives up to the fourth degree, given the danger of the pharmacy profession in preserving public health, and the seriousness of the consequences of leaving the practice of pharmacy work in the hands of those who do not respect this The high profession is valued and appreciated, and the license applicant submits his criminal status sheet at the time of submitting the license, and submits the application himself, and submits the criminal status sheet to ensure that there is no legal impediment to the pharmacist when licensing to practice the profession, and that the license applicant submits the license application in person. 21- We suggest applying the idea of splitting the guard, especially with the recent developments in the field of medicine, because it helps the injured to file a claim for compensation to the drug maker or the pharmacist distributing it, or to the pharmacist, who in turn returns to the manufacturer for the compensation he paid if there is a defect in the composition Medicine. | ||||
| Keywords | ||||
| the composition Medicine; medical purpose; the prevention and treatment | ||||
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