Pharmacist Law in Nepal

Pharmacist Laws in Nepal are necessary to regulate and govern pharmacies and the distribution of Pharmaceutical Drugs. Section 234-237 of the National Penal Code on Offences relating to Medical Treatment has codified Pharmacist Laws. Doctors can also be liable to these Laws.

List of Pharmacist Law in Nepal

Selling Dangerous Drug Section 234

Section 234 of the National Penal Code has prohibited Selling Dangerous Unauthorized Drugs in Nepal. Further, only Individuals who have pharmacy licenses or another form of certification/authorization can sell medicines.

Further, Medicines cannot be sold in Nepal without a prescription from a licensed Medical Professional. In particular, Narcotics, Toxins, and Drugs with Dangers to Health cannot be sold without a prescription.

If a Pharmacy or a Pharmacist sells such Drugs without Proper Authorization, it is considered to be a Criminal Activity under Pharmacist Law in Nepal.

Pharmacists that sell dangerous drugs or in any way cause to sell dangerous drugs are liable to imprisonment for a term not more than two years or a fine not more than NPR 20,000 or both.

Selling Adulterated Drugs Section 235

Nepal has prohibited the Adulteration of Drugs or the Sale of Adulterated Drugs through Section 235 of the National Penal Code.

No Individual is allowed to adulterate or cause a mixture of Drugs that can reduce their effectiveness or make them harmful. Moreover, if the Adulterated Drug is sold or falsely labeled as Drugs, it is considered to be a Crime.

Further, it is forbidden to administer adulterated Drugs to Patients for Treatment Purposes. If an Individual commits or causes to commit the Crimes mentioned above, they face serious criminal Law Consequences in Nepal.

The Punishment for Making or Selling Adulterated Drugs in Nepal are:

1. If an Individual dies as a result of the consumption of such drugs, the Pharmacist or the Individual committing Drug Adulteration is liable to the same imprisonment term as Murder
2. If an Individual could have died or was at risk of death or likelihood to have died from the consumption of the Drug, they are liable to the same imprisonment term as an Attempt to Murder.
3. If the Consumption of a Drug causes Grievous Hurt or Deprivation/Serious Damage of any of the organs of the Body, the Individual that caused such condition is liable to a term of imprisonment not more than 10 years and a fine not more than NPR 1,00,000.
4. If none of the above is brought upon after the consumption of Adulterated Drug then the Offender that sold or produced Adulterated Drug can be imprisoned for up to Five Years and a fine not more than NPR 50,000.

Selling Date-Expired Drugs Section 236

Nepal has prohibited selling or distributing Drugs whose dates have expired or selling them without taking Reasonable Precautions.

The Act has stated that Drugs that require specialized Precaution for sale or distribution must be handled with care and awareness of its date.

Further, as provided by Pharmacist Law in Nepal, one isn’t allowed to sell or distribute Expired Drugs and one must take reasonable care while selling Drugs.

If an Individual sells or distributes Date-Expired Drugs in Nepal, they can be imprisoned for a term of up to One Year. Moreover, such Pharmacists can be fined not more than NPR 10,000.

Selling a Drug as a Different Drug Section 237

The Pharmacist Law of Nepal has prohibited Section 237 of the National Penal Code from selling or distributing one drug as a Different Drug.

Pharmacists that have been authorized to Sell Drugs in Nepal must not sell or distribute one type of Drug as a different type of Drug with Knowledge or with Reasonable doubt/knowledge that it could be different.

It has also been prohibited in Nepal to misrepresent or sell a Drug as something that it isn’t.

If a pharmacist sells one type of Drug differently than they are, such individuals are liable to be imprisoned for a term not more than two years or fined not more than NPR 20,000 or both.

Compensation

Reasonable Compensation must be paid to the Victim or the successor of the Victim for any harm caused by the above-mentioned Crimes that have resulted in Harm, Injury, or Damage including Life-Threatening Injuries, Death, and Minor Injuries.

Statute of Limitation

If death is caused by any of the above Offences in Nepal, there is no Statute of Limitation for filing a Complaint.

However, for normal consequences, the Statute of Limitation for filing Complaints related to Pharmacist Law in Nepal is one year from the date of Knowledge of the commission of the offense.