The Maharashtra Food and Drug Administration (FDA) has issued a comprehensive directive barring hospitals, medical practitioners, and affiliated pharmacies from compelling patients to purchase medicines exclusively from pharmacies located within or attached to hospital premises. According to reports from The Economic Times, FDA Commissioner Tukaram Mundhe issued the order dated June 12, directing hospitals and doctors to hand over prescriptions directly to patients or their relatives and prohibiting prescriptions from being routed to in-house or affiliated pharmacies without patient consent. The directive specifically mandates that hospitals must inform patients that they are free to purchase medicines from any licensed pharmacy of their choice. As reported by Daijiworld Media Network, the move comes in response to complaints that several hospitals were forcing patients to buy medicines from pharmacies operating within their premises, often limiting consumer choice and increasing treatment costs.
The FDA order addresses practices where hospitals compel patients to purchase medicines only from pharmacies owned by or attached to the hospital, refuse to provide prescriptions, withhold prescriptions, or send prescriptions directly to the hospital pharmacy without patient consent. As reported by The Economic Times, such practices deprive patients of the opportunity to purchase medicines from a pharmacy of their choice and undermine their consumer rights. The FDA stated that withholding prescriptions or directing patients to specific pharmacies constitutes an unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019, specifically noting that such practices involve "compelling patients who are already in a vulnerable or sensitive state due to their need for medical treatment to purchase medicines from medical outlets owned by or affiliated with the treatment facility." According to Daijiworld Media Network, the decision is aimed at protecting patients' rights, promoting transparency and ensuring fair practices in the healthcare sector, with officials noting that the move will help patients access medicines at competitive prices and prevent undue pressure from hospitals or affiliated medical stores.
Mundhe has directed all hospitals to prominently display notices in Marathi and English stating: "Patients are not compelled to purchase medicines solely from the pharmacy located within this hospital. Patients or their relatives can purchase medicines from any licensed pharmacy." According to The Economic Times, the order warns that appropriate legal action could be initiated against institutions found violating the directive. Divisional joint commissioners, assistant commissioners, and drug inspectors across the state have been directed to communicate the order to hospitals and practitioners within their jurisdictions and verify compliance during routine inspections. As reported by Daijiworld Media Network, the FDA has warned hospitals and pharmacies to comply with the order and uphold patient choice in the purchase of medicines, with the move being seen as a significant step towards strengthening consumer rights and accountability in Maharashtra's healthcare system.
A retired official from the state government told The Economic Times that private hospitals make 2 to 5 additional profit margins by pushing patients to buy medicines from their own pharmacies. The general excuse is that the quality of medicines purchased from outside may be a question but that is generally a false claim. The directive specifically notes that in several hospitals' prescriptions were not being handed to patients at all but were instead being forwarded directly to affiliated pharmacists, leaving patients "with no option to purchase medicines from a vendor of their choice."
The directive affirms that the patient has the right to obtain the medicines prescribed by the doctor to receive information regarding the medicines and to purchase medicines from any validly licensed pharmaceutical vendor. According to The Economic Times, the order invokes Article 21 of the Constitution, which guarantees the right to life and personal liberty, and which the Supreme Court has interpreted to include the right to health and medical services. The FDA warned that "appropriate legal action will be taken against the concerned institution if non-compliance with the instructions is observed."
The Maharashtra FDA's directive comes weeks after the Competition Commission of India (CCI) declined to fully endorse findings by its investigative arm in a separate probe involving 12 Delhi-based private hospitals accused of forcing patients to use in-house pharmacy facilities. As reported by Business Standard, the CCI held that super-specialty hospitals do not automatically constitute separate monopoly 'aftermarkets' for admitted patients merely because patients rely on hospital-run pharmacies, diagnostic facilities, and consumables after admission. The case originated from a 2015 complaint alleging that syringe maker Becton Dickinson and Max Super Speciality Hospital, Patparganj, colluded to sell syringes carrying higher maximum retail prices through the hospital's in-house pharmacy.
