VolumeVol. 54 • Number No. 2 • April - June 2016 Back
Prescribing Dangerous Drugs and the Law (Part 1)
Authors: Rodel V. Capule
DOI: 10.65564/pjim.62ac57913b
Date of Publication: June 2016
Abstract
Prescription writing is a fundamental clinical competency and a medicolegal responsibility that requires accuracy, completeness, and clarity to ensure safe dispensing and optimal patient outcomes. Prescribing dangerous drugs, however, carries additional legal and regulatory obligations under the Comprehensive Dangerous Drugs Act of 2002. This article outlines the essential legal requirements for medical practitioners, including the necessity of a valid S-2 license, the penalties for unlawful or unnecessary prescription, and the mandated use of special prescription forms. By summarizing the key provisions of the law and the corresponding medico-legal implications, this paper aims to guide clinicians in the proper, ethical, and legally compliant prescribing of dangerous drugs.
References
- Demeke, Birhanu & Gomathi, Periasamy; “Prescribers’ Adherence to Basic Prescription Writing in Referral Hospitals in Ethiopian: The Case of Ayder Referral Hospital”; Journal of Drug Delivery & Therapeutics; 2014, 4(5), 167-172
- (o) “Dangerous drugs” include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of RA 9165 and include those classified as such by the Dangerous Drugs Board pursuant to Section 93 Article XI of RA 9165 for domestic control. Article I (o), Definition of Terms, “Comprehensive Dangerous Drugs Act of 2002” (R.A. 9165, as amended)
(j) “Controlled chemical” means a substance listed as controlled precursor and essential chemical as defined pursuant to Section 3(h), Article I, RA 9165 and includes those classified as such by the Dangerous Drugs Board pursuant to Section 93 Article XI of RA 9165 for domestic control. Article 1 Definition of Terms, [Dangerous Drug] Board Regulation No. 1 Series of 2014
(l) “Controlled substance” means either a dangerous drug or a controlled precursor and essential chemical. Article 1 Definition of Terms [Dangerous Drug] Board Regulation No. 1 Series of 2014 - “Medical practitioner” means any person who is registered and entitled under the laws of the Philippines to practice the profession of medicine xxx. (qq), Id.
- Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165, as amended)
- [Dangerous Drug] Board Regulation No. 1 Series of 2014
- Section 6 (3). Requirements of Licenses and/or Permits for Operators or Handlers of Controlled Substance and Payment of Corresponding Fees; [Dangerous Drug] Board Regulation No. 1 Series of 2014
- [OTC drugs, per BFAD AO 163, s. 2000], [Dangerous Drug] Board Regulation No. 1 Series of 2014
- Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. “Comprehensive Dangerous Drugs Act of 2002”
- Section 18, “Comprehensive Dangerous Drugs Act of 2002”
- Id.
- Id.
- (jjj) “Special Prescription Form for dangerous drugs” means the prescription form for dangerous drugs that is made of a special kind of paper exclusively issued by and obtainable from DOH. Article I, Definition of Terms, “Comprehensive Dangerous Drugs Act of 2002” (R.A. 9165, as amended). Often called a “yellow prescription” because of its color.
- Section 31 (3) Prescriptions, [Dangerous Drug] Board Regulation No. 1 Series of 2014