Case of Pharmacist and Fake Doctors: On the Obligation for the Breach of Duty of Medical Personnel
A customer bought a pregnancy test kit, having the test by herself, and the result was negative. Besides, she bought a morning-after pill which belonged to prescription, but the pharmacist sold her it without having prescription. Is the act selling prescription just a deficiency of elements of dispensing and to be punished for administrative penalty according to paragraph 50 Pharmaceutical Affairs Act? Or is this kind of act a fake doctor which is the element of paragraph 28 Physicians Act and to have a criminal obligation? This case has an instructive meaning, because it was sentenced guilty at first but not guilty in the end by courts. Comparing with the reasons of judgements, the competition between medical treatments would under the perspectives of the business of pharmacists, the procedure of dispensing, and the explanation of the pregnancy test be in this article analyzed and evaluated, including the obligation and the application of the norms.