Source: Legal Daily
Some shops sell edge drugs to sell prescription drugs. Some businesses say they can prescribe prescriptions.
Survey on the sale of prescription drugs in some online stores
Han Dandong, our newspaper Intern Huang Yuanyuan
Recently, the sale of prescription drugs on some e-commerce platforms has aroused widespread concern in the community.
Reporters learned that according to the Regulations on the Supervision and Administration of Drug Circulation, pharmaceutical production and marketing enterprises are not allowed to sell prescription drugs directly to the public by mail, Internet transactions, etc. Violators will be imposed a fine of less than twice the value of the drugs sold, but not more than 30,000 yuan.
The low cost of illegal drugs contrasts sharply with the huge medical market, and the phenomenon of illegal sales of prescription drugs emerges in endlessly. In order to further understand the illegal sale of prescription drugs market, the Legal Daily reporter launched an investigation.
Shop customer service said concealment shipment
Recently, the reporter found a flagship store named "X X big pharmacy" on an e-commerce platform. The reporter told the merchant that he wanted to buy some prescription drugs, but there was no prescription.
"According to the national regulations, prescription drugs need to be registered. Please provide the name, age and symptoms of the patient," the store's customer service reply said. After providing the above information, submit the pre order first, then wait for the audit.
Subsequently, the reporter asked: "who will audit? A long time? " The other replied: "store audit, after the adoption of the audit, stores will be shipped directly."
The other side told reporters that after the approval of the order, the goods will not appear in the "to be shipped" line, the trade show closed status, but will be shipped on time.
Customer service personnel told reporters that after the delivery, the delivery order number will be sent to the consignee's mobile phone in the form of "logistics short message", the consignee can query logistics information through the single number. After the drug arrives at the destination, the courier directly chooses to sign and receive, and then contacts the consignee, using the "cash on arrival" method.
In order to reassure reporters, the other side also told reporters: "everything is a confidential distribution, package will not appear at all product information, courier list will not appear drug names and other sensitive words."
When the reporter asked how the drug could be packaged to escape supervision, the other side quickly alerted, "We only provide product display, not sales."
Reporters also found that on this platform, the sale of prescription drugs businesses are few. Reporters learned in the investigation, when facing patients with no prescription, most of the online store customer service "intimate" reminder, "if you do not have a prescription, you can also order, we will arrange for professional doctors to dispense medicine for you first, if there are other problems, the doctor will contact you. Some businesses even require the ID card number to be submitted, which can be directly submitted to the order.
Online pharmacies need no prescription before sale.
Afterwards, the reporter enters a prescription drug name in the search engine, enters a certain online drugstore which ranks first on the page. When the reporter opens the consulting window by clicking on the webpage, the website automatically reminds him that "there are too many consulting people at present, requesting contact information, and then there will be professional doctors to provide services".
After the reporter left the contact information, a QQ number named "Pharmacist Wang" contacted the reporter, "What are your current symptoms? I am a professional doctor.
After the reporter told the virtual name, age and symptoms, the other side did not put forward a doctor's prescription, only asked the reporter to provide information on receipt, payment methods, product quantity and product name, so as to do the corresponding store audit, and stressed that "this is the national requirements of the audit to ensure the safety of medication."
Reporters asked whether the audit can be passed, the other side told reporters that "under normal circumstances audit can be passed" and assured reporters that "you provide information on receipt, I will help you place an order. If you order, you can receive the medicine. If you can't get it, you can directly look for me. "
Reporter asked about adverse reactions after taking drugs, what should I do? "Pharmacist Wang" immediately responded: "Adverse reactions are there, any Western medicine has adverse reactions, but not everyone after taking adverse reactions, depending on your personal absorption of drugs. It is written in the instructions of the drug and can be viewed. "
Drugs can be sold at a low price.
Reporters learned that QQ group also has prescription drugs for sale. Reporters inputted "prescription drugs" in the QQ group search, appeared a large number of "wholesale and retail" prescription drugs QQ group, then reporters entered the group called "prescription drugs" and contacted the seller who claimed that "a large number of prescription drugs are sold at low prices".
Reporters said they needed antidepressant, sedative Eszolam tablets, the other side immediately showed the picture of the drug, "a bottle of 100 tablets, friendship produced."
Reporters found that the market price of estazolam tablets ranges from 70 yuan to 80 yuan a bottle, and the net content is far less than the other side's products, but the other side's offer is only "50 per bottle".
Faced with the reporter's doubts about whether the drugs were counterfeited, the other side said, "It must be true, many people come here to buy, the hospital is not open, all buy here." It is reported that estazolam tablets have been listed by the World Health Organization International Cancer Research Institute as one of the three carcinogens list.
"If you buy more than 100 bottles at a time, you can get a discount." The other side attaches the price list of all the drugs in hand, "Alprazolam (antidepressant, sedative) 50, dolantin (analgesic) 150, estazolam tablets 50, diazepam (hypnotic) 50, leucovir (anesthetic) 220, clonazepam (anti-epileptic) 60, tramadol (analgesic) 35, triazolam (anesthetic) 280. "."
The price of the above-mentioned drugs is much lower than the circulating price on the market. In chatting with reporters, the other side also generously offered a preferential price. "Liyuexi is sold by the box, a box of 100 boxes, a total of 16,000. Duroding needs more people per month, and only 30 boxes a month. Three zolun 100 boxes 20 thousand ".
Subsequently, the reporter asked the other party to display the picture of the drug, and the other party said, "add WeChat before you can see the picture". After the reporter added the other side's micro-signal, the other side told the reporter, "leave the address payment is OK, Wechat and bank transfer can be."
According to the "Express Market Management Measures," Liyuexi as a narcotic drug belongs to the prohibited items. How did the drug reach the buyer without knowing the devil? The other side told reporters, "are acquaintances, will not open the box inspection, with other things to disguise, do not destroy the original packaging, there are ways."
Reporters also found that some members of the QQ group could provide services for prescription prescriptions. The prescription clerk asked the reporter to provide the name, name, age and gender of the drug. "The prescription list is 20 yuan each, WeChat payment".
The reporter asked the other party to issue the prescription list which was prescribed in the past, and the other party replied "no payment how to open"? Subsequently, the other side of reporters to pull black.
Industry experts explain how to control the behavior of prescription drugs sold online.
Wang Yue, Professor of health law research center, Peking University
Liu Junhai, vice president of China Consumer Association and director of the Institute of commercial law, Renmin University of China
Zhao Zhanling, special researcher of intellectual property research center, China University of Political Science and Law
Han Dandong, reporter of Legal Daily
Huang Yuanyuan, intern of Legal Daily
Illegal sale of prescription drugs
Reporter: We found in the investigation, some online stores with online drug display, do not sell the banner of prescription drugs, but secretly shipment, delivery. How should this behavior be treated?
Wang Yue: The principles laid down in Articles 3 and 4 of the General Principles of Electronic Commerce Law are: the State encourages the development of new forms of electronic commerce, and gives full play to the important role of electronic commerce in promoting high-quality development, meeting the growing needs of the people for a better life and building an open economy. The State takes equal treatment of online and offline business activities to promote online and offline integration and development.
As far as prescription drugs are concerned, offline drugstores are legally marketable goods, which have been prohibited by law from being sold online, allowing only information display. Some online stores and drugstores on large-scale e-commerce platforms are doing this kind of thing. Although the law is not in conformity with the law, we should see some deep-seated reasons, such as whether the growing needs of consumers are met, whether they can be reasonably and legally met, whether this situation conforms to the e-commerce law "give full play to the e-commerce law" The important role of business ","equal treatment of online and offline business activities"legislative principles, how we build a reasonable mechanism to meet the reasonable needs of consumers to buy prescription drugs online.
Liu Junhai: No matter how big the Internet is, it can't be more than a legal network. The online sale of prescription drugs violates the relevant provisions of the Drug Administration Law. Where an online shop sells drugs without a Pharmaceutical Production License, a Pharmaceutical Business License or a Pharmaceutical Preparation License of a Medical Institution, the relevant department shall prohibit them according to law, confiscate the drugs illegally produced or sold and their illegal income, and impose the value of the drugs illegally produced or sold (including those sold or unsold) A fine of two times or more than five times the amount; if a crime is constituted, criminal responsibility shall be investigated according to law.
Responsible for damage
Reporter: In the absence of a doctor's prescription, but also no professional doctors to diagnose and treat the premise, if the online sales of prescription drugs have adverse effects on the patient's condition, who should pay?
Wang Yue: According to the Drug Administration Law and the Regulations on the Supervision and Administration of Drug Circulation, if there are risks and liabilities, the drug retail enterprises should bear them. If a drug retail enterprise sells prescription drugs or class A non-prescription drugs in the absence of a licensed pharmacist or other legally qualified pharmaceutical technicians, it shall be ordered to make corrections within a time limit and give a warning; if it fails to make corrections within a time limit, it shall be fined not more than 1,000 yuan.
Liu Junhai: If there is no legal conditions and procedures, not to diagnose the patient's condition, the website sales of prescription drugs lead to improper use of patients, deterioration of the disease, the seller should compensate consumers for losses.
At the same time, if the e-commerce platform knows or should know that the online sale of prescription drugs does not meet the requirements of protecting the safety of persons and property, but does not take necessary measures, it shall bear joint and several liability with the merchants who sell prescription drugs on the platform according to law. Platform clearly knows that businesses can not sell prescription drugs online, but closed one eye, allowing businesses to sell prescription drugs, once the patient suffered undue damage, the platform clearly constitutes a major fault, joint and several liability is unfair.
For prescription drugs which are related to consumers'life and health, the operators of e-commerce platforms fail to fulfill their obligation to examine and verify the qualifications of drug sellers and take corresponding regulatory measures on the sales process of prescription drugs. Obviously, they fail to fulfill their due obligations of safety and security, thus causing damage to consumers, they should bear corresponding responsibilities according to law.
Zhao Zhan: E-commerce platform sales prescription drugs, to be divided into two situations, one is that patients have provided prescriptions prescribed by doctors, in this case, e-commerce website according to the prescription direction of patients selling prescription drugs. Once a patient suffers damage due to improper medication, such as delaying illness, deteriorating illness, etc., the prescribing doctor's hospital should bear civil liability. The website is based on the doctor provided by the patient.
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