Pharmaceutical Affairs Act Violation | A Decision Revoking an Administrative Disposition Imposed for a Pharmaceutical Affairs Act Violation

The attorney emphasized that the client, accused of a Pharmaceutical Affairs Act violation, had ordered and compounded the drugs at issue within the pharmacy.

According to Supreme Court Decision 2008Do3423, the series of acts constituting the sale of drugs, such as ordering, compounding, delivery, and medication guidance, or the principal part thereof, must take place within the pharmacy or store, or in a manner that can be regarded as equivalent.

When a patient came to the pharmacy with a prescription and placed an order, the client compounded the drugs immediately, delivered the compounded drugs within the pharmacy, and even provided medication guidance to the patients directly.

The client handed over most of the drugs directly within the pharmacy, but on occasions when stock was insufficient, he took measures such as using ice packs to prevent the drugs from deteriorating before delivering them to the patient.

The client provided this service of delivering some of the drugs only because he felt sorry to have elderly patients visit his pharmacy a second time due to insufficient stock.

The attorney emphasized that, for the client accused of a Pharmaceutical Affairs Act violation, the patients' prescribed drugs in this case were special, so stock was insufficient.

The pharmacy run by the client was located in front of a veterans hospital, so most of the patients were persons of national merit and their families, who were financially struggling or elderly.

In addition, the types of drugs required for each prescription were far more varied and special than at other hospitals, so situations of insufficient stock were unavoidable.

The client carried out this drug delivery on several occasions with a sense of mission to provide medical services for persons of national merit.

The attorney emphasized that the client, accused of a Pharmaceutical Affairs Act violation, had received a non-prosecution decision from the prosecution on the allegations.

The client had already received a non-prosecution decision from the prosecution, on the ground that it was difficult to recognize the client's conduct as the sale of drugs at a place other than the pharmacy.

On this basis, the attorney requested that, because there was no charge against the client, a decision revoking the administrative disposition should be issued.