FCC Rules Doctors Cannot Run Medical Stores Without Licenses

The Federal Constitutional Court (FCC) in Pakistan has issued a significant ruling regarding medical practitioners and their ability to operate medical stores or pharmacies. According to the court's decision, registered doctors are permitted to prescribe and dispense medicines to their own patients, but they are prohibited from running retail drug outlets without a valid license.

This ruling was handed down by a two-judge bench of the FCC, led by Chief Justice Aminuddin Khan and including Justice Ali Baqar Najafi. The decision came after the court reviewed an appeal filed by the Khyber Pakhtunkhwa health department secretary. The court overturned a June 5, 2023 order from the Peshawar High Court’s D.I. Khan bench that had previously restrained regulatory action against doctors accused of operating medical stores and dispensaries.

The FCC emphasized that Section 31(4)(a) of the Pharmacy Act grants registered doctors the authority to dispense medicines only to their own patients or to fulfill their own prescriptions. The court made it clear that this provision does not extend to doctors stocking and selling medicines through a medical store without obtaining a license under the Drugs Act 1976.

Furthermore, the court referenced Sections 17 and 18 of the Drugs Act, which empower drug inspectors to inspect premises and seize medicines, and Section 23(1)(c), which mandates anyone selling drugs to acquire a license. The FCC rejected the argument that medical registration automatically exempts doctors from drug licensing requirements.

It stressed that the Drugs Act governs the storage, distribution, and sale of medicines, and compliance with licensing regulations is a necessary component of operating a medical store or pharmacy in Pakistan.