The new rules around pharmacy prescriptions in South Africa

Minister of Health, Dr Zweli Mkhize, has published a new directive which excludes schedule 2, 3 and 4 substances from certain provisions of the Medicines and Related Substances Act.

According to Werksmans Attorneys, the directive effectively extends prescriptions for these substances for a number of months, making it easier to get medicines during the lockdown.

The law firm explained the biggest points of the new directive as follows:

• Prescriptions for the scheduled substances, which were previously valid only for three months, are now valid for six months. Thus, pharmacists must have the requisite scheduled substances to fulfil potential demand;

• Consequently, patients do not need to consult with a healthcare practitioner, within the timeframes during which the prescriptions remain valid for the purposes of obtaining a new prescription;

• Consultations with healthcare practitioners for purposes of issuing new prescriptions are also held to enable the healthcare practitioner to, among other things, determine whether or not patients are responding the scheduled substances prescribed and, if not, change the dosage of the substances or the substance in totality;

• The scheduled substances may not be dispensed for a period longer than twelve months from the date of the issue of the initial prescription;

• In instances where a prescription was issued six months before the date of notice, repeat prescriptions may be issued for a period of only of a further six months;

• The notice is silent on the payment of the scheduled substances by medical schemes in terms of the Medical Schemes Act and the respective medical schemes’ rules and managed care protocols, taking into account that currently repeat prescriptions for schedule substances are currently available on a three-month basis;

• The notice applies only until November 2021 at which time the exemption provided in terms of the notice lapses and the provisions of the Medicines Act will once again apply.

Commentary provided by Neil Kirby and Zamathiyane Mthiyane of Werksmans Attorneys.

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