Prescription laws failed to support telemedicine in India but there may be a solution!

Our medical laws do not have room to accommodate a digital prescription. Despite all the bounties of e-commerce, there’s a gaping hole for buying medicines online or purchasing the medicine prescribed by a telemedicine system. Unless a doctor is present on the site, the telemedicine software /system is useless as a diagnosed patient cannot avail a prescription for the medicine as digital prescriptions are invalid in India. If a doctor is present then the whole idea of telemedicine is pointless.  While the law plays catch-up to the advancements and innovation, one can’t wait for solutions.

I’ve been researching about this for a while and there might be a solution. I’ve found that digital prescriptions supposed to be issued by a medical practitioner  is not a fully covered by one act but it may be  covered under two different acts: 1.Drugs and Cosmetics act (rule issued 1945) and 2.IT Act 2000 when put together.

This  may be possible if we use the following in our system :

1. Digital signature.
2. Doctors licence number issued.
3. Dedicated doctors profile in the telemedicine system.
4. Digital prescription notes.

This method can be used once there’s a clarification by either the Court or Ministry of Health & Family Welfare.

References :

1.https://www.mondaq.com/india/x/221258/food+drugs+law/Telemedicine+In+IndiaLegal+Analysis
2.https://ptlb.in/iips/?p=307 
3. https://www.conventuslaw.com/archive/india-legal-position-concerning-telemedicine/