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The Study on Separation Principle of Pharmacy and Medicine in new Korean Pharmacy Law

  • DONG-A LAW REVIEW
  • 2007, (39), pp.23-103
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kim, Byeong-Gon 1

1동아대학교

Candidate

ABSTRACT

My purpose in this article is to study the ideology and the mechanism regarding the separation of medical practice and pharmacy. The key ideology of the separation is to protect people from harmful effect of medicine as medicine is possibly dangerous substance. Additional intention of the article is that all medical supplies should be administered without a certain profit motive by the prescriber as the use of medicine is not decided by consumer but by physicians or pharmacists. If medical supplies were decided with profit oriented purpose, it surely does harm to patients. The Separation System has been schemed because of such a possibility. Under the system the right and duty of a physician as a prescriber and a pharmacist as a medicine supplier is respectively given. The success of this Separation System I think depends on policies which rule out interfering from physician and pharmacist each other in the course of administration. More important step is that the prohibition of twofold ownership of medical care organization and pharmacy. In this regard the separation means the independence from each part of medical organization and pharmacy. Once the prescription is opened to the public by the separation, the high quality of medical care will be possible due to the exact and careful prescription of physician. Consequently medical democratization will be settled through the freedom of treatment information given to patient himself or herself. The article would like to enumerate or prove the key appropriateness and additional opinion on the separation of pharmacy from medical practice as follows: Ⅰ. The concept of Separation System: The separation means not only separation between prescribing and dispensing but one between medical practice and pharmacy. Ⅱ. The classification of medicine They classify prescribed medicine and non-prescribed medicine in America which classification method is the same as that of Korea. I have maintained that three-divided classification method like in Germany and England should be adopted. Ⅲ. The important ideology of Separation System: The System not only prevents medical abuse of people but also controls over application of all drugs and medicines. The Separation System is fundamentally twofold security system. The Reason is that the separation of pharmacy from medical practice is intended to take care of individual health and at the same time to derive a resonable medical cost by checking abuse of medicine. Ⅳ. pharmacists and physicians should work in collaboration to get a good outcome of medicinal treatment which otherwise would result in worse and unsatisfactory treatment. Ⅴ. Harmonization in practice under the Separation System: In practice of health care occasional harmonization between pharmacist and physician is required. That means both prescribing by pharmacist and dispensing by physician do not counter to the purpose of the Separation System. Ⅵ. I suggest to set up a kind of collaborating organization like an association by regional unit(community) which consists of physicians (doctors) and pharmacists. In addition to separation of prescriber's duty from pharmacist's, mutual discussion and check between them will bring about high quality medicine services and be able to diminish trial and error because the possible incidence of side effects and compliances of medicines should be confirmed through the collaborating system. Ⅶ. New pharmacy law is to be interpreted newly. In the new law pharmacist should be appraised not so much as a mere salesman as a pharmacist who fills a prescription and as a counsellor who helps patient with much medicine information. At any rate, in light of the fact that because of many exceptional articles in the laws of Japan it was unable to achieve the original purpose of separation system, korean laws concerning the above mentioned separation laws I think are going the other way. Now the three subjects including patient, physician, and pharmacist have to observe the pharmacy law, and gradually revise unsatisfactory parts of it. It is concluded that the separation system continuously have to keep the following three basic structure: (1) Classification of medicines. (2) Independence of hospital and pharmacy. (3) Collaboration of physician and pharmacist. The right of health is a basic right for human beings. It is the country's basic duty for the country to keep and improve human health by means of various kinds of health care systems. One of the foremost important medical care system is the separation of pharmacy from medical practice. The separation system embodies human dignity as well as guarantees health right by preventing the anticipated harmful effects of medicine.

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