Federal Judge Alaôr Piacini of the Federal District granted an injunction requested by the Federal Council of Medicine (CFM), prohibiting pharmacists prescribe.
which allowed the professional category to prescribe medicines, including restricted sales, as well as authorizing other medical procedures. The resolution would come into force in April.
By agreeing with CFM’s arguments, the magistrate said that “only the doctor has technical, professional and legal competence to evaluate a diagnostic hypothesis and sign a diagnosis and therapeutic treatment. The counter of a pharmacy is not the place to establish a diagnosis and treatment of a disease, under penalty of the illegal exercise of the medicine.”
The judge also said that the resolution of the body of the pharmaceutical sector is a “precarious administrative act”, which cannot extend the field of action of pharmacists, because their competences are already fixed by law.
According to the decision, permission for pharmacists prescribing controlled medications could only be given by the federal legislature, through amendment to the law.
The resolution published by the CFF could only be made by pharmacists who have the specialist qualification registration (RQE) in clinical pharmacy. This registration was approved in February this year by the Council.
The document established that the pharmacist could prescribe drugs, including those of sale under prescription, renew prescriptions previously issued by other professionals of legally qualified and prescribe medications in care to patients at risk of imminent death.
Substances controlled by Ordinance No. 344/98, which deals with psychotropic drugs (such as black stripe), would remain restricted, as well as medicines that require revenue notification or are restricted.
The CFM had requested the annulment of the resolution on March 20, stating that it violates the law of the medical act, endangers the health of the population, reissues the norm already overthrown by the judiciary and illegally expand the jurisdiction of pharmacists.
The CFF resolution was published months after a contrary decision of the 17th Federal Civil Court of Justice in the Federal District to a similar rule, in action also filed by the CFM.
According to the board that represents doctors, “the pharmacist may even be a profound knowledge of the chemical composition of drugs, but does not have the medical knowledge necessary for the accomplishment of anamnese, disease diagnosis and indication of treatments and other typical and correlated medical procedures.”
The federal judge determined that the CFF gives “broad advertising” to the decision in its institutional media, under a fine of R $ 100,000 daily, up to the limit of R $ 10 million. He also determined that the board does not reprint a new resolution on the same theme.
The CFM was not the only medical body to express discontent with the CFF resolution. The Paulista Association of Medicine (APM) and the Brazilian Medical Association (AMB) also declared themselves against the norm.
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