The Food and Drug Administration (FDA) on Monday has warned medical practitioners against the improper dispensing of medicines following the alleged involvement of some doctors in pyramiding-like marketing scheme involving Bell-Kenz Pharmaceuticals Inc.

The FDA’s public warning issued on 15 May reiterated a caution against accessing drug products from medical doctors, unauthorized clinics, and other health facilities.

A professor of legal medicine, however, insisted there is no law prohibiting physicians from owning or investing in private ventures like pharmaceutical and medical device companies, hospitals and diagnostic centers.

“As long as doctors comply with all legal requirements including disclosure of potential conflicts of interest — if specifically mandated — I hold the view that medical doctors are not prohibited from engaging in business,” doctor-lawyer Antonio Rebosa said.

The first and only Filipino board-certified Diplomate of the American Board of Legal Medicine, Rebosa said he issued the statement to help clarify legal and ethical issues related to healthcare professionals’ investments in the healthcare industry in connection with the ongoing Senate inquiry into Bell-Kenz.

He said that in many lectures before medical societies, forums and healthcare professionals, he has often been asked about the legality and ethical aspect of doctors engaging in business and receiving perks and incentives from drug companies that benefit from their prescribing preferences.

Rebosa said his extensive review of relevant laws including the Revised Corporation Code, Securities Regulation Code, the Medical Act of 1959, Food and Drug Administration Act, Generics Act, Universal Health Care Law, and Consumer Act of the Philippines, confirmed that investments by physicians in pharma firms and healthcare facilities are legally permissible.

Dispensing only for doctors

FDA rebutted, “Under Republic Act (RA) 10918, dispensing was defined as the sum of processes performed by a pharmacist from reading, validating. and interpreting prescriptions: preparing; packaging; labeling; record keeping; dose calculations; and counseling or giving information, in relation to the sale or transfer of pharmaceutical products with or without a prescription or medication order. Dispensing is an exclusive activity of a pharmacist, to be conducted only within a licensed establishment.”