Prescriptions of Dangerous Drugs – Schedule III items of
the Dangerous Drugs Act
The Medical Council of Mauritius is in presence of names of medical practitioners who have used more than usual quantity of booklets containing Prescription Forms under Schedule III items of Dangerous Drugs Act. The names were submitted by the Pharmacy Board of the Ministry of Health and Wellness.
Council is conducting an investigation into the matter in accordance to provisions made at Section 13 (1) of the Medical Council Act 1999 (as amended) with the objective of determining whether any act of “professional misconduct or negligence” could have been committed.
The Medical Council Act defines “professional misconduct or negligence” as follows: –
(d) the prescription of a dangerous drug to any person which is in excess of the amount that is properly required for the medical treatment of that person;
(e) the prescription of a dangerous drug to any person knowing that such a prescription is not required for the medical treatment of that person;
Furthermore, if the charge of prescription of dangerous drugs amounting to “professional misconduct or negligence” is proven before the Disciplinary Tribunal (Section 17 (4) (b) (ii) of the Medical Council Act refers), Council is under the obligation to make a recommendation to the Minister under Section 9 (6) of the Dangerous Drugs Act 2000 which reads as follows:-
Section 9 (6) of the Dangerous Drugs Act 2000 is reproduced below.
- Disciplinary sanctions of Minister – (amended by Act No 12 of 2019)
(1) where the Permanent Secretary has reason to suspect that an authorized person is supplying to or prescribing for any person a dangerous drug otherwise than is properly required or in excess of the amount that is properly required for the medical or dental treatment of that person or the veterinary treatment of an animal, he may, notwithstanding any provisions of this act, refer the matter for the appropriate disciplinary body.
(6) The Minister may, on the recommendation of the appropriate disciplinary body –
(a) withdraw the authority of the authorized person to supply, procure or be in possession of any dangerous drugs, and
(b) direct that no prescription containing a dangerous drug shall be issued by that authorized person.
The Medical Council advises all Medical Practitioners to always ensure that Dangerous Drugs are prescribed only when indicated for their patients.
Medical Council of Mauritius
Date: May 30, 2023