篇名

漫談藥品的分級、調劑與交付   免費試閱

並列篇名

Informal Discussing about the Rating System of Medicine, Disputing and Giving

作者
中文摘要

藥事法第102條自1997年3月起實施,藥界認為是醫藥分業之始、醫師調劑的落日條款;醫界卻只肯認這是醫藥分工、醫師調劑義務被限縮。孰是孰非、紛紛擾擾二十餘年仍不得解,直至2019年6月14日大法官釋字第778號解釋出爐,似乎稍見解決曙光。何以醫藥分業或醫藥分工難實施,因為藥品不同於食品,藥品有分級,所以藥品的管理與交付必須以病人「病情需要、用藥安全」為前提,醫界、藥界所爭的調劑(權)只是提供醫療服務的程序之一,但是調劑並非絕對必要。涉及此爭議的源頭是「藥品分級」,其背後的法律依據各不相同,錯誤引用法律甚至使用函釋處理,造成治絲益棼的結果。

英文摘要

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.

起訖頁

089-104

出版單位
DOI

10.3966/241553062019100036006  複製DOI  DOI查詢

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