General Principles of Intellectual Property: Concepts of Intellectual Proper...
Drug Regulations, Acts and other Legal Aspects
1. PH1.63 Describe Drug Regulations,
acts and other legal aspects
Dr Pankaj Kumar Gupta,
Assistant Professor,
Department of Pharmacology,
ESIC Medical College & Hospital, Faridabad
2. Learning Objectives
• Drugs & Cosmetics Act 1940 and rules 1945
• Schedules in Pharmacy
• What schedules are important for prescribers?
• Schedule H drugs
• Schedule H1 drugs
• Schedule X Drugs
• Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985
• Drugs (Magic remedies Objectionable Advertisement Act,
1954 and Rules, 1955
• Medicine Label
• Drugs Prices Control Order 1995 (DPCO)
• Trade and Merchandise Act (TMMA) 1958
3. Drugs & Cosmetics Act 1940 and rules
1945
• The Drugs and cosmetic Act, 1940 was passed in British India
to regulate the manufacture, distribution, and sale of drugs in
the colony.
• This Act also governed the import of the drugs in the country.
A related Drugs Rules were passed in 1945. Later on, after
Indian independence, the Act underwent various amendments
from time to time and is now known as the Drugs and
Cosmetics Act, 1940.
• It contains 168 rules from 1 to 168 and
25 Schedules from Schedule A to Schedule Y.
• The primary objective of this act is the drugs and cosmetics
that are sold in India should always be safe, effective and
meet stringent quality standards.
https://www.pharmaguideline.com/2010/10/drugs-cosmetics-act.html
5. Schedules in Pharmacy
Schedules Detail
Schedule A List of forms used for making applications for issuing licenses, granting licenses, sending
memorandums
Schedule B Fees for test or analysis by the central drug laboratory or government analyst
Schedule C Biological and special products
Schedule C(1) Other special products ( the import, manufacture, and sale of schedule c and c(1) drugs
governed by special provisions)
Schedule D Cass of exempted drugs, which are exempted from a certain provision applicable to the
import of drugs
Schedule E List of poisonous substances omitted (22-6-82)
Schedule E(1) List of ayurvedic, Siddha, and Unani poisonous substances
Schedule F Provisions applicable to blood bank requirements and licensing to process blood
components
Schedule F(1) Provisions applicable to vaccines, antisera, and diagnostic antigens
Schedule F(2) Standards for surgical dressings
Schedule F(3) Standards for umbilical tapes
Schedule FF Standards for ophthalmic preparations
https://www.pharmaguideline.com/2010/10/drugs-cosmetics-act.html
6. Schedules Detail
Schedule H Prescription drugs that are required to be sold by retail only on the
prescription of a registered medical practitioner
Schedule I Calculation of the proportion of poisons in certain cases – ( omitted) (22-6-82)
Schedule J List of diseases and ailments which a drug may not claim to prevent or cure
Schedule K List of drugs exempted, from certain provisions applicable to the manufacture
of drugs and sale of drugs
Schedule L List of drugs to be sold on prescription only.(omitted) (22-6-82)
Schedule M Good manufacturing practices and requirements of factory premises, plant,
equipment et., for the manufacture of drugs
Schedule M(1) Requirements of factory premises, plant, equipment, etc. for the manufacture
of homeopathic drugs
Schedule M(2) A requirement of factory premises, plant, equipment for the manufacture of
cosmetics
Schedule M(3) Requirements of factory premises for the manufacture of medical devices
Schedule N List of minimum equipment for the efficient running of a pharmacy
Schedule O Standards for disinfectant fluids
Schedule P List of periods of drugs
Schedule P(1) Pack sizes of drugs
https://www.pharmaguideline.com/2010/10/drugs-cosmetics-act.html
7. Schedules Detail
Schedule Q List of coal tar, color permitted to be used in cosmetics and list of colors
permitted to be used in soaps
Schedule R Standard for condoms made up of rubber latex intended for single use
Schedule R(1) Standard for medical devices.– standard for cosmetics
Schedule S Standard for cosmetics
Schedule T Requirements for factory premises and hygienic conditions for the
manufacture of ayurvedic ( including Siddha ) and Unani drugs
Schedule U Particulars to be shown in manufacturing and analytical records of drugs
Schedule U(1) Particulars to be shown in manufacturing records of cosmetics
Schedule V Standards for patent and proprietary medicines and for patent and proprietary
medicines containing vitamins
Schedule W List of drugs that shall be marketed under generic name only
Schedule X List of habit-forming, psychotropic, and other such drugs
Schedule Y Requirements and guidelines on clinical trials, for import and manufacture of
new drugs
https://www.pharmaguideline.com/2010/10/drugs-cosmetics-act.html
9. Schedules Detail
Schedule H Prescription drugs that are required to be sold by retail only on the
prescription of a registered medical practitioner
Schedule J * List of diseases and ailments which a drug may not claim to prevent or
cure
Schedule W List of drugs that shall be marketed under generic name only
Schedule X List of habit-forming, psychotropic, and other such drugs
Schedule Y Requirements and guidelines on clinical trials, for import and
manufacture of new drugs
https://www.pharmaguideline.com/2010/10/drugs-cosmetics-act.html
*Drugs (Magic remedies Objectionable Advertisement Act, 1954 and Rules, 1955
10. Schedule H Drugs
• This schedule contains a list of drugs that can be sold only against the
prescription of a registered medical practitioner. Another provision
needs to be followed is that, only the required amount of medications
mentioned in the prescription can be dispensed. These drugs can be
supplied only to the licensed parties.
• The drug label must exhibit the text “Rx” and Schedule H drug
warning: To be sold by retails on the prescription of a Registered
Medical Practitioner only.
• As per the notification on 16th March 2006 released by the
Department of Health under the Ministry of Health and family welfare
there are 536 Schedule H drugs.
• The original list contained 510 drugs but this has been revised by the
Drugs Technical Advisory Board, and the present list includes about 551
drugs.
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
18. Schedule H1 drugs
• Schedule H1 drugs introduced under the drugs and cosmetics (4th amendment) rules
2013, by MOHFW (ministry of health welfare and family welfare) on 30 august, 2013
vide GSR (General Statutory Rules) 588(E) to regulate the sale of antibiotics.
• The schedule H1 drug includes 3rd & 4th generation antibiotics, anti-tuberculosis
drugs and certain habit-forming drugs like psychotropic drugs.
• To dispense these drugs two main criteria have to be followed strictly.
– The drug supplied under the schedule H1 specification should be recorded in a separate
register at the time of supply, mentioning the name and address of the prescriber, name of
the patient, and the name of the drug along with the quantity supplied. This register has to
be maintained confidentially up to three years and should be open for inspection.
– The schedule H1 drugs should be labeled with the symbol Rx in red, clearly displayed on the
left top corner of the drug label. The label should also bear the following words in a box
with a red border.
• "Schedule H1 Drug-Warning
-It is dangerous to take this preparation except in accordance with the medical advice.
-Not to be sold by retail without the prescription of a Registered Medical Practitioner."
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
20. Schedule H1 drugs divided into 3 major
parts
• ANTIBIOTICS: problem of resistance
• TB DRUGS(TUBERCULOSIS): missing one dose is
dangerous as well a double dose also can be lethal
• NRX DRUGS
– NRx drugs include sleeping pills like alprazolam, and other CNS
drugs.
– if these drugs will provide without prescription they can be used
for murders, theft, rape, etc.
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
21. Conditions
• The Supply of a drug specified in Schedule H1 shall be
recorded in a separate register at the time of the supply
giving the name and address of the prescriber, the name
of the patient, the name of the drug and the quantity
supplied and such record shall be maintained for three
years and be open for inspection.
• If it contains a drug substance specified in Schedule H1,
the drug formulation shall be labelled with the symbol Rx
which shall be in Red and conspicuously displayed on
the left top corner of the label and shall also be labelled
with the following word in a box with red background as
mentioned below in warning section.
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
22. Difference between Schedule H and
Schedule H1
• There is not any major difference between schedule H
and schedule H1 drugs but antibiotics, anti-TB drugs and
habit forming that were fall under schedule H category
was moved to a new sub category that is known as
Schedule H1.
• Schedule H and H1, both categories shall be sold under
prescription of a Registered Medical Practitioner only but
norm regarding drug fall under Schedule H1 are strict.
• A proper record of every sale, purchase, prescription
copy, patient detail, doctor details under which
prescription drugs are sold out etc. shall be maintained
for at least three years for schedule H1 drugs where
there is no requirement for maintaining record for drug
which fall under schedule H drugs.
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
23. Schedule H Schedule H1
• Under prescription of a RMP • Under prescription of a RMP
• Record of every sale need not to be
maintained
• Record of every sale must be maintained
in a separate register which includes-
• Name of Prescriber
• Name of Patient
• Name of drug
• Quantity of Drug
• Record must be maintained for 3 years
• Open for inspection
• The drug label must exhibit the text “Rx” • Should be labeled with the symbol Rx in
red
• Label should also bear the following
words in a box with a red border.
Schedule H drug warning:
“To be sold by retails on the
prescription of a Registered Medical
Practitioner only”
• Label should also bear the following
words in a box with a red border.
"Schedule H1 Drug-Warning
-It is dangerous to take this preparation
except in accordance with the medical
advice.
-Not to be sold by retail without the
prescription of a Registered Medical
Practitioner."
https://www.medindia.net/patientinfo/drugs-and-cosmetics-rules-schedule-h-schedule-h1-drugs.htm
24. Why there is need of Schedule H1
• In recent time, number of cases of
antibiotic resistance diseases are
increasing. One of the main cause of
antibiotic resistance is easy availability
and self medication.
• There was urgent requirement of
implementation of any strict laws that
Schedule H was not available to
implement.
https://pharmafranchisehelp.com/list-of-schedule-h1-drugs-medicines-molecules/
26. Schedule X Drugs
• Substances specified in schedule X should not be sold by retail and
sold only in accordance with the prescription of RMP.
• In the case of substances specified in schedule X, the prescription
should be in duplicate, one copy of which retained by the licensee
and preserved at least for two years.
• Drugs from schedule X, supplied to registered medical practitioners,
hospitals, dispensaries, and nursing homes, shall be supplied only
against signed written order and such order should be preserved at
least for two years.
https://www.pharmamad.com/schedule-x-drugs/
27. Schedule H Schedule H1 Schedule X
• Under prescription of a
RMP
• Under prescription of a RMP • Under prescription of a RMP
• Record of every sale need
not to be maintained
• Record of every sale must be
maintained in a separate
register which includes-
• Name of Prescriber
• Name of Patient
• Name of drug
• Quantity of Drug
• Record must be maintained for
3 years
• Open for inspection
• Prescription should be in duplicate, one copy of
which retained by the licensee and preserved at
least for two years.
• STORAGE OF SCHEDULE X DRUGS
• Under lock and key in a cupboard or drawer
solely reserved for storage of substances.
• In a part of the premises, separate from the
remainder of the premises and which will have
access to only by responsible persons.
• RECORDS OF PURCHASE
• SUPPLY OF SCHEDULE X DRUGS
• The drug label must exhibit
the text “Rx”
• Should be labeled with
the symbol Rx in red
• Be labelled with the symbol XRx which shall be
in red conspicuously displayed on the left top
corner of the label
• Label should also bear the
following words in a box
with a red border.
Schedule H drug
warning:
“To be sold by retails on
the prescription of a
Registered Medical
Practitioner only”
• Label should also bear the
following words in a box with a
red border.
"Schedule H1 Drug-Warning
-It is dangerous to take this
preparation except in
accordance with the medical
advice.
-Not to be sold by retail
without the prescription of a
Registered Medical
Practitioner."
• be also labelled with the following word
• “Schedule X drug -Warning: To be sold by retail
on the prescription of a Registered Medical
Practitioner”
28. NRx
• Under prescription of a RMP
• Used for Schedule H/H1 Narcotics drugs in india
• NRx sign is used to regulate Narcotics medicines sales in India.
• A recent date prescription should be asked every time before refill.
• NRx is used for Schedule H/H1 narcotics drugs.
• NRx is mainly used for anti-anxiety, anti-depression, analgesic and antitussive narcotic
drugs
https://pharmagang.com/meaning-prescription-rx-nrx-xrx-adv-abbreviations/
29. Narcotic Drugs and Psychotropic
Substances (NDPS) Act 1985
• To regulate the manufacture, sale, purchase,
stock and use of narcotic or potentially
addictive drugs.
• They are used for chronic conditions such as
depression, anxiety, tension, psychosomatic
and behavioural disorders.
• Narcotics drugs misuse can result in addiction,
drug abuse and health problems.
https://pharmagang.com/meaning-prescription-rx-nrx-xrx-adv-abbreviations/
30.
31.
32.
33.
34. Drugs and Magic Remedies (Objectionable
Advertisements) Act,1954
• An Act to control the advertisement of drugs in certain cases,
to prohibit the advertisement for certain purposes of
remedies alleged to possess magic qualities and to provide for
matters connected therewith.
– The procurement of miscarriage in women or prevention of
conception in women; or
– The maintenance or improvement of the capacity of human beings for
sexual pleasure; or
– The correction of menstrual disorder in women;
– The diagnosis, cure, mitigation, treatment or prevention of any
disease, disorder or condition specified in the Schedule, or any other
disease, disorder or condition (by whatsoever name called) which may
be specified in the rules made under this Act.
35. Medicine Label
The labelling of medicine is governed by following D & C rules
(1945).
A. Rule 96 (manner of labelling)
• Minimum information needed on label
– Generic name & brand name
– Net contents & content of active ingredients
– Name & address of manufacturer with license no.
– Batch no., date of manufacturing, expiry date
– MRP inclusive of all taxes
B. Rule 97 (labelling of medicine)
Medicine for internal use- should have label of ‘Caution’/’warning’ statements for all the
prescription drugs which are under schedules G, H, H1 & X
Medicines for external use- (lotion, cream, ointment etc.) must have label for ‘FOR
EXTERNAL USE ONLY’
C. Rule 161
it is related with labelling, packaging & limits of alcohol in Ayurvedic, Unani & Siddha
medicines.
36.
37. Drugs Prices Control Order 1995 (DPCO)
• Certain drugs are under price control under section 3 of
essential commodities act 1955(ECA) by providing a
classification and a list of drug under price control with
their maximum retail price.
• The drug price is revised from time to time; and list of
drugs under price control is also modified.
• The objective of DPCO is to ensure availability of
essential and life saving and prophylactic medicine of
good quality at the reasonable prices. It is promoting the
rational use of the drugs in the country to enhance cost-
effective production with economic sizes.
• Price control is not applicable on Ayurvedic and Unani
drugs.
38. Brand or Proprietary or Trade name
• Brand or trade name is under regulatory control
of Trade and Merchandise Act (TMMA; 1958).
• The product can be registered with trademark a
particular trade name for 7 years which is not
already registered and can further be renewed at
an interval of 7 years but the trademark applied
should not have any objection from social or
religious group.
• There is no restriction on foreign trade mark to
be used in India.