[log in to unmask] wrote:
>
> [log in to unmask],Internet wrote at 8:28 pm on 22/8/96
> about "Re: Curiosity Corner (2)":
> -----------------------------
> >On Sun, 18 Aug 96 21:46 BST-1, Alan Hyslop wrote:
> >
> >>A pretty surprising site this time, well to me anyway:
> >>
> >>Quality Health, Inc.
> >>www.qhi.co.uk
> >>
> >Me too - they are selling a total of 14 assorted drugs to the public
> >by mail order. All seem to be either unlicensed or POMs in the UK.
> >One that stands out is Phenytoin, which they suggest you might take if
> >you are feeling depressed or addicted to drugs! I emailed them
> >suggesting that this was surely illegal and got this reply:
> >
> >>No this is not correct. UK law allows for the importation of some
> >>prescription medications, so long as they are for personal use and not for
> >>commercial resale. In any case, we always do encourage our customers to
> >>include a prescription with their orders.
> >
> >>I believe this provision comes under the "Family Health Act", but we would
> >>have to check to make sure.
> >
> >>Be Well.
> >>QHI
> >>Medicines For The Modern Mainstream
> >>http://www.qhi.co.uk
> >
> >Does anyone know if there is any truth in this?
> >
> >Dr David Evans
> >Cardiff
> -----------------------------
> One needs a lawyer for that sort of question:-
>
> 1. The law
> 2. If joe punter who feels miserable buys some Phenytoin, and feels happy
> but wobbly, who can his insurance company split the damages with after he
> totals a bus queue by driving his car.
> 3. Who should his widow invite topay for the funeral if he totals himself
> (and for the school fees and the rest)?
> 4. What Org is either supposed to or empowered to go and knock on their
> door and chat to them about the (alleged) error of their ways?
>
> --- OffRoad 1.9n registered to Adrian Midgley
>
> ----------------------
> Dr Adrian Midgley GP Exeter
> [log in to unmask]
> Fax 01392-436105
> ----------------------
Wow! These guys are trying to drive the proverbial coach and horses,
(not to mention liveried riders, stirrups, whips and dung ) right
through the Medicines Act 1968. In their response they are referring to
that part of the Act that only purports to restrict supply of unlicensed
medicines undertaken “in the course of a business”. Obviously if a
person wishes to buy direct from a foreign supplier for his own use that
is up to him. But in offering for direct sale through the Web from a UK
based server (.co.uk) , with a London office address and with an order
form that has a UK buyer pricing list I would be interested to learn
how these people cannot be said to be “supplying in the course of
business” and in breach of section 7(2) of the Act.
Forgive me if the next bit is telling you how to suck eggs, but for
non-medics...
Doctors are permitted to import and use unlicensed drugs under section
13 of the Medcines Act and the provisions of the Medicines (Exemptions
from Licenses) (Importation) Order 1984. However:-
1. The above only permit importing or use of UK unlicensed medicines
(license in the foreign country is of no effect and the foreign
‘unauthorised’ version of a UK licensed drug is still ‘unlicensed’) on a
“named patient” basis. An obvious example would be for treating an
overseas patient.
2. It is a highly dangerous practice for the doctor. If anything goes
wrong with the treatment he is unlikely to have the “responsible body of
opinion” (Bolam) defence available to him. Further, the patient may
argue lack of effective consent unless there is clear (preferably
documented) evidence of a consent signed acknowledging that the drug is
unlicensed in the UK and therefore not “good practice” and that the
doctor has no experience of the imported drug.
Unlicensed drugs can usually be used in emergencies where trialling is
taking place and it is thought to be not in the patient’s interest to
await the licensing procedures. A good example was the use of AZT for
asymptomatic HIV+ patients from the 19th August 1989 when the US Nat
Inst of Health publicly announced “success” in the asymptomatic trials.
Even that is frought with danger and we are currently in court against a
Health Authority who were too quick to prescribe.
The only circunsatnce I woudl have thought that could be reasonable safe
for the GP is in treating a foreign patient who simply wants a
continuation of some medication he has previously been on. However,
even in this case it would be wise to take the supporting written advice
of the patient’s own doctor from his own country who prescribed
previously. Outside of that type of case it woudl rarely be appropriate
to use UK unlicensed drugs.
If anyone wishes to import there are complex regulations to follow (the
1984 Order above) which, amongst other thinsg requires notification of
intention to import being given to the MCA.
I note they include Melatonin in this product list (described as a
sexual stimulant....on behalf of a friend of a friend of a friend,
anyone know if this is true?) . Not only is this banned in the UK, but
I know the MCA have already taken action against other importers of this
product. How can they do that and let this go on?
Incidentally, the company themselves will be incurring a massive
potential liability under defective product laws. Obviously a whole new
area of business may be opening up for us! Any ideas for a “rubbing
hands with glee” smiley?
Graham Ross
ALeRT
http://www.alertuk.com
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