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KMID : 0370220230670020094
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Yakhak Hoeji
2023 Volume.67 No. 2 p.94 ~ p.102
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Review of Court’s Judicial Precedents for Community Pharmacists’ Misconducts
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Kim Seong-Yeon
Kim Hyun-Jin
Park Sol-Ah
Sohn Hyun-Soon
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Abstract
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Registered pharmacists are required to comply with current laws related to pharmacist practice. This studyinvestigated the precedents of community pharmacists’ misconduct. The cases disclosed to the public on the Korean court’swebsites (Comprehensive Legal Information website and Major Court Rulings website) were searched in April 19, 2021,using a keyword “pharmacist”. The selection criteria included case pronounced after July 2000 (implementation of theseparation of prescription and dispensing), case that pharmacists was the plaintiffs or the defendants, and case that violatedthe Pharmaceutical Affairs Act or the National Health Insurance Act. For nineteen cases finally selected which satisfiedwith eligibility criteria, detailed information for each case were collected from the websites. Based on the provisions ofrelated laws, misconducts of those cases were classified into seven categories: Four cases of license lending, seven casesof illegal drug dispensing and sales, two cases of collusion with medical institutions, two cases of violations of medicationguidance obligations, one case of indiscriminate sales of medicines liable to misuse or abuse, two cases of unfair customerinducements, and one case of rebate and undue pressure exercise. The most frequent misconduct types were unfair receiptsof medical care benefits and dispensing or sale of medicines by unqualified persons. Learning about the precedents shownin this study is expected to be an guide for individual pharmacists to increase their sensitivity to ethics and compliancewith the laws and to be careful about the possible violations in advance.
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KEYWORD
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Community pharmacist, Illegal act, Judicial precedent, Pharmaceutical Affairs Act
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