Giving out lapsed drugs is a crime, attracts jail term

Patients can seek legal and administrative action against hospitals and pharmacies that dispense medicines past their expiry date. A government hospital in Bengaluru is in the dock for the offence

A government hospital in KR Puram was caught on Tuesday dispensing medicines way beyond their expiry date.

The incident came to light when Deputy Commissioner B M Vijay Shankar made a surprise visit to the hospital in the wake of complaints about the care at the hospital.

Lawyers and doctors told Metrolife patients could seek legal and administrative action.

'Hold pharmacy responsible'

- Dr Vikram Kashyap, Retired neurosurgeon

Where does the case go from here?

The doctors have no role here. Their work limits to prescribing medicine. The pharmacist is to be held responsible here. Also, it is a convention that expiry date is put. The expiry date printed on the drugs is about a year earlier than the actual date.

So what happens if an expired drug is consumed?

It‘s true the effectiveness of a drug may decrease over time, but much of the original potency still remains even a decade after the expiry date. It is only one in a million cases where unfortunate incidents have occurred. But, to be on the safe side, it is best to be careful and dispose of expired drugs.

Who should patients complain to if pharmacists palm off old medicines?

They can approach the Drug Controller, who is directly responsible. That department should start an investigation as soon as a complaint is registered.

Drug control office: Don’t ask us

Assistant Drugs Controller P Ramesh says the drug control office is not responsible for the KR Puram incident, and patients should approach the hospital’s higher authorities. He refused to comment further.

When is it harmful?

If the tablet cover is cut or is left open, the exposure to the air might change its composition and this, when consumed, might have side effects.
- Dr Kumar VLS, Vice chairman, Indian Red Cross Society, Karnataka.

Patient concerns

Smriti Ramesh, surgeon who works at a well-known private hospital, says chemists, when they cut a tablet strip into pieces, should make sure to write the expiry date before handing it over to the consumer.

“This way, you know to use it or dispose of it. Most chemists either get irritated or make a scene when we ask them to mention the expiry date,” says Smriti.

Status of KR Puram case

The chief pharmacist and the medical superintendent have not turned up for an inquiry. Suspension of the doctor, pharmacist and superintendent has been recommended.

The seized medicines have been sent to the district health officer.

What drug law says

Those who dispense medicines beyond the expiry date can be booked under IPC sections that attract up to two years in jail, says Aiyappa KG, advocate.

Selling of expired drugs is a criminal offence under the Indian Penal Code as well as the Drugs and Cosmetics Act, 1940.

The Drugs and Cosmetics Act regulates the import, manufacture and distribution of drugs in India.

The primary objective of the law is to ensure drugs and cosmetics sold in India are safe, effective and conform to state quality standards.

IPC sections 269, 270, 274 and 275 talk about the sale of adulterated drugs. Pharmacists can be booked under these provisions too.

Consumer court

The hospital authorities should see to it that expired drugs are discarded. Even though the chemist is technically responsible, the hospital authorities will also be held responsible.

Aggrieved patients can either approach the hospital or the drug control office. Patients can also approach consumer courts. Being given drugs beyond the expiry date can be seen as a violation of consumer rights, he says.

- Rajendra Singh, Advocate