Technological innovations have paved the way for setting up e-pharmacies globally and India is not far behind with well-funded players such as Netmeds, 1mg, PharmEasy, etc. However, the regulatory environment for these companies is ambiguous as the laws did not anticipate such a technological disruption. There is an immediate need to draft rules and guidelines for e-pharmacies to create a well-defined regulatory framework and to prevent their misuse.
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Currently, the government’s only rules on the subject are the Pharmacy Practice Regulations, 2015, where “e-pharmacy” is not defined. Therefore the definition of “pharmacy” in the practice regulations needs to be expanded to include e-pharmacies.
E-pharmacies should also be required to register with the government and obtain a licence, and details of their registration and licensing should be made publicly available. The Drugs and Cosmetics Act, 1940, and Drugs and Cosmetics Rules, 1945, need to provide for distinct licences for e-pharmacies.
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Shubha Karra is a partner and Shreya Dalal is an associate at Link Legal India Law Services.
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