The company regularly sells prescription drugs to pharmacies Is the company responsible for the sale

The Company is not responsible. First of all, it is a regular operation for the company to sell prescription drugs to pharmacies, secondly, the person in charge of the pharmacy needs to be responsible for his own medical skills, and secondly, the source of the accident is the pharmacy, so the person in charge of the pharmacy should take the initiative to take responsibility.

First of allIt is a regular operation for companies to sell prescription drugs to pharmacies, so there is no liability on the part of the company.

And then there'sThe person in charge of the pharmacy is responsible for his or her own medical skills, because the medicine is prescribed to the patient by the person in charge of the pharmacy.

And againThe source of the patient's accident is in the pharmacy, so the person in charge of the pharmacy should be held responsible for this accident.

Precautions for opening a pharmacy

1. The person in charge of the pharmacy needs to have a licensed physician's license.

2. You need to apply for a pharmacy business license.

3. Do not prescribe drugs to patients at will.

If the company supplies pharmacies according to formal channels, there will be no company to do if the pharmacies buy accidents. As long as the company doesn't violate the rules, it's okay to break the law.

It depends on the relationship between the company and the pharmacy, if it is a supplier and the procedure is legal, then it doesn't matter; If it is a subordination or contracting relationship, then there may be a relationship, depending on the actual situation.

According to the specific analysis of specific problems, if the company supplies pharmacies according to formal channels, there will be no company to buy in pharmacies. As long as the company doesn't violate the rules, it's okay to break the law.

If the pharmacy sells, the company to which the pharmacy belongs needs to bear certain legal responsibility.

Legal analysis: It is an illegal act, according to the provisions of the relevant laws of our country, the sale of prescription drugs without a license is an act of unlicensed operation, and if the circumstances of unlicensed operation are serious, it will constitute the crime of illegal business operation and can be investigated for criminal responsibility.

Legal basis: "Criminal Law of the People's Republic of China" Article 225 Crime of Illegal Business Operations Whoever violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between one and five times the amount of unlawful gains, and where the circumstances are particularly serious, is to be sentenced to five or more years imprisonment, and a concurrent fine of not less than one time but not more than five times the amount of unlawful gains or confiscation of property:

1) Engaging in franchises, monopoly items, or other restricted items as provided for by laws and administrative regulations without permission.

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations.

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business.

4) Other illegal business activities that seriously disrupt market order.

[Legal Analysis].

You can report it. You can complain to the drug regulatory department, and you can also report it if you sell it yourself. Prescription drugs are not allowed to be sold in pharmacies, and it is illegal for pharmacies to sell prescription drugs.

[Legal basis].

Drug Administration Law of the People's Republic of China

Article 53 Those engaged in drug trading activities shall comply with the quality management practices for drug trading, establish and improve the quality management system for drug trading, and ensure that the whole process of drug trading continues to meet the statutory requirements.

The state encourages and guides the chain operation of drug retail. The headquarters of enterprises engaged in drug retail chain business activities shall establish a unified quality management system and perform management responsibilities for the business activities of the retail enterprises under its control.

The legal representative and main person in charge of the pharmaceutical trading enterprise shall be fully responsible for the pharmaceutical business activities of the enterprise.

Article 54: The State implements a system of categorical management of prescription drugs and non-prescription drugs for drugs. The specific measures shall be formulated by the drug regulatory department in conjunction with the competent health department.

Prescription drugs are medicines that can be dispensed, purchased and used only with a prescription from a licensed physician or a licensed assistant physician; Over-the-counter drugs are medicines that can be judged, purchased, and used on your own without a doctor's prescription.

If the relevant prescription drugs are illegally bought and sold without relevant drug business qualifications, the circumstances are particularly serious and the crime of illegal business operation is suspected.

Article 225 stipulates that the crime of illegal business operation refers to a person who, in violation of state regulations, commits any of the following illegal business activities, disrupts market order, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or shall be fined not less than one time but not more than five times the amount of illegal gains; where the circumstances of the banquet are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given

1) Engaging in franchises, monopoly items, or other restricted items as provided for by laws and administrative regulations without permission.

2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations.

3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business.

4) Other illegal business activities that seriously disrupt market order. [1]

Sentencing standards: Where the circumstances of the crime of illegal business operation are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains;where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

It is generally not illegal to buy prescription drugs without a prescription. However, it is illegal to sell prescription drugs without a prescription and will be ordered to make corrections within a time limit and given a warning;If the correction is not made within the time limit or the circumstances are serious, a fine of less than 1,000 yuan shall be imposed.

Article 111 of the Drug Administration Law.

Those who fail to obtain a drug production license, a drug business license or a medical institution's preparation license to eliminate the imitation production or sale of drugs shall be ordered to close down, and the illegally produced and sold drugs and illegal gains shall be confiscated, and a fine of not less than 15 times but not more than 30 times the value of the illegally produced and sold drugs (including sold and unsold drugs, the same below) shall be imposed;If the value of the goods is less than 100,000 yuan, it shall be calculated as 100,000 yuan.

It is an illegal act, according to the provisions of the relevant laws of our country, the sale of prescription drugs without a license is an act of unlicensed operation, and if the circumstances of unlicensed operation are serious, it will constitute the crime of illegal operation, and the transportation search can be investigated for criminal responsibility.

Article 225 of the Criminal Law of the People's Republic of China: Where the crime of illegal business operation violates state regulations by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between one and five times the amount of unlawful gains is to be given, and where the circumstances are especially serious, a sentence of not less than five years imprisonment is to be given, and a fine of not less than one time but not more than five times the amount of unlawful gains or confiscation of property: (Serving on the side) operating a franchise as provided for by laws and administrative regulations without permission, Monopoly goods or other restricted items: (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business, (4) Other illegal business activities that seriously disrupt market order.