Prescription Drug Abuse: Pharmacy Regulation in Egypt

Pharmacy regulation in Egypt faces significant challenges, as the dispensing of medications without a medical prescription remains a widespread practice despite its serious health and legal risks. It is common for individuals to visit a pharmacy to obtain antibiotics, sedatives, or even hormonal medications, and receive them immediately without being asked for a prescription or subjected to any medical supervision.

This behavior, which may seem routine to some, conceals serious violations that can lead to severe health complications and, in many cases, direct legal liability on the part of the pharmacist.

The Professional Framework of the Pharmacy Profession

Pharmacy, according to Egyptian law, is a technical profession aimed at the preparation and distribution of medications in accordance with regulations. It does not include diagnosis or the recommendation of medical alternatives.

القانون رقم 127 لسنة 1955 regulating the practice of pharmacy stipulates that the pharmacist’s role is limited to the preparation and sale of medications, and does not include diagnosing medical conditions or determining appropriate treatments.

Accordingly, when a pharmacist dispenses medication based on a patient’s verbal complaint, determines the dosage, or describes a medical condition, this constitutes a clear violation of their professional scope, which is explicitly prohibited under Article 70 of the Pharmacy Practice Law.

Moreover, such conduct constitutes the unlawful practice of medicine without a license, punishable under Article 11 of the Medical Practice Law, which states:

“Anyone who practices the profession of medicine in violation of the provisions of this law shall be punished with imprisonment for a period not exceeding two years and a fine not exceeding two hundred Egyptian pounds, or by either of these penalties. In the event of recurrence, both penalties shall be applied.”

Types of Medications and the Need for Controlled Dispensing

Medications are generally divided into two main categories:

1. Over-the-Counter (OTC) Medications:

These are limited and used for simple conditions like fever reducers or topical creams.

2. Prescription-Only Medicines (POM):

These include antibiotics, blood pressure medications, sedatives, antidepressants, hormonal drugs, etc.

Dispensing POM medications without a valid prescription is a professional and legal violation, especially in the absence of a regularly updated Egyptian national list specifying which drugs fall into this category.

Legal Liability of the Pharmacist

1. Professional Responsibility:

According to the Pharmacy Law, disciplinary actions may be imposed, up to and including suspension or revocation of the license to practice, particularly in the case of repeated violations.

2. Civil Liability:

Article 163 of the Egyptian Civil Code states:

“Every fault that causes harm to another obliges the wrongdoer to pay compensation.”

If the unauthorized dispensing of medication leads to serious harm — such as poisoning or death — the affected individual or their family may file a civil compensation claim against the pharmacist, which could cover physical, psychological, and financial damages.

3. Criminal Liability:

If the act leads to serious injury or death, the pharmacist may face charges of involuntary manslaughter or injury, in accordance with Articles 238 and 244 of the Penal Code.

Additionally, offering medical advice is considered impersonating a physician, a criminal offense punishable under Article 157 of the Penal Code.

The Role of the Ministry of Health and the Egyptian Drug Authority

Regulatory bodies are expected to play an active role through the following measures:

• Issuing an official, updated list of medications that may only be dispensed with a prescription.
• Enforcing field inspections of pharmacies in a systematic and consistent manner.
• Launching an electronic platform connecting physicians and pharmacists to track prescriptions, similar to systems in Saudi Arabia and the UAE.

الختام

Dispensing medication without a prescription in Egypt is not a legitimate professional act; it is both a professional violation and a legal offense. A pharmacist who engages in such behavior does not ease the patient’s suffering but instead exposes them to significant health risks — and exposes themselves to legal consequences.

Frequently Asked Questions

للمزيد من المعلومات، يرجى ملء النموذج أو إرسال بريد إلكتروني إلى: info@eg.Andersen.com

للتواصل معنا