Informal Discussing about the Rating System of Medicine, Disputing and Giving
Since March 1997, the inforcement of paragraph 102 of the Pharmaceutical Affairs Law is been taken as the beginning of the separation between the medicine and the pharmaceuticals. It is also the sunset clause that the physician should dispense by himself. However, the medicine takes it as that the duty of dispensing by the physician have been limited. Disputes about this topic don’t come the end in this two decades until the J.Y. Interpretation No. 778 at June 14, 2019. In this year (2019) which indicates a possible solution. Since the medicine which is different from the food has a rating system, and the management as well as the giving to the patient should be under the prerequisite that it is needed because of the condition and used safely but the right to dispense which is fought by the medicine and the pharmaceuticals is only one of the procedure of service which is not necessary, it is difficult that the medicine separates from the pharmaceuticals and cooperates with it. The origin of the issued dispute would be the rating system of medicine whose legal background would be variable. Citing norms wrongly and even interpreting with administrative rules could sort out silk threads improperly only to tanlgel them further.