The South African Medical Association (Sama) said on Sunday it
regretted that Health Minister Manto Tshabalala-Msimang has
personalised the conflict between her department and the
association over the dispensing of medicines.
Sama chairman Kgosi Letlape was reacting to a ministerial statement saying that the association and the National Convention on Dispensing (NCD) were misleading their members by urging doctors not to apply for dispensing licences while some of its senior members had themselves applied for licences.
Tshabalala-Msimang pointed out that NCD chairman "Norman Mabasa and other senior members of these organisations have applied for dispensing licences".
"Dr Mabasa is leading the court action against the Department of Health's initiative to provide quality health care by improving the competency of health professionals who dispense medicine," she said her statement.
Mabasa, who is also on the board of Sama said: "I applied to show that I do obey this law – if it can be called a law – however, we have a constitutional right to challenge it."
He said he had filed his application on Thursday last week.
Tshabalala-Msimang claimed he applied as early as October last year.
Meanwhile Letlape added: "The Minister's comments are unfortunate. To start making it a personal issue is regrettable.
We are not in the business of personalising issues while acting inthe best interest of the patient. We shall respect her office and not attack her personally." That said, Letlape confirmed that Sama urged its members to continue dispensing whether or not they had applied for, or received licences to do so.
"Whatever the Minister says, we are not going to jeopardise patient care in this country.
We think in the best interest of the patient.
If this may be breaking the law it is regrettable.
"They have a duty (to dispense) ... especially to the poor and the historically disadvantaged who are the hardest hit. Some of us are alive today because general practitioners gave us access to life saving medicines.
"For us it's about patient care. For her it's about the law," said Letlape.
On Friday, the May 2 deadline for doctors to get dispensing licences from the health department was extended to June 2, pending an application about the constitutionality of the new licensing dispensation.
The Health Ministry was put on terms to file answering papers to the constitutional application, which will be heard in the High Court on May 31.
While Letlape said it would be a fiasco if only those who had applied for licences could dispense medicine, the ministerial statement said: "We can boldly state that more than 6 000 health professionals are currently doing the (required) dispensing course and the numbers are increasing by the day."
Letlape said doctors had been dispensing for 30 years and the course was an insult to their integrity.
"It gives no recognition of prior licencing. Doctors are currently registered and doing a good job. We want the doctors' job to be recognised, not trashed."
The department added that it was encouraged by the thousands of health professionals who were disassociating themselves from the "lawless elements".
Meanwhile Mabasa said that one of the areas of contention was that the Department of Health had not defined what "vicinity" meant when it came to explaining what distances applicants were from other dispensers.
"There was no specification about whether it meant 50 metres away or in the same province. Applicants were failed on the basis of pharmacists in Johannesburg complaining about applications in Pretoria," said Mabasa.
"We would have thought that sanity would have prevailed. But it turned out to be ridiculous ... The law has to be challenged because the department is saying apply for something to promise to be refused." The Department of Health called on health professionals who had not made any effort to comply with the law and wanted to dispense after June 2, to immediately: – publish their intention to apply for a dispensing licence in a local newspaper; – register for the dispensing course; and – submit their applications to the Department of Health.
"The Department has the capacity to ensure that licences are issued immediately to all those that qualify.
"The primary purpose of this Act is to improve access to affordable, quality medicine and protect the public. This requires, amongst other things, that health professionals who are dispensing medicine have sufficient skills to provide safe, quality service in that regard." - Sapa
Sama chairman Kgosi Letlape was reacting to a ministerial statement saying that the association and the National Convention on Dispensing (NCD) were misleading their members by urging doctors not to apply for dispensing licences while some of its senior members had themselves applied for licences.
Tshabalala-Msimang pointed out that NCD chairman "Norman Mabasa and other senior members of these organisations have applied for dispensing licences".
"Dr Mabasa is leading the court action against the Department of Health's initiative to provide quality health care by improving the competency of health professionals who dispense medicine," she said her statement.
Mabasa, who is also on the board of Sama said: "I applied to show that I do obey this law – if it can be called a law – however, we have a constitutional right to challenge it."
He said he had filed his application on Thursday last week.
Tshabalala-Msimang claimed he applied as early as October last year.
Meanwhile Letlape added: "The Minister's comments are unfortunate. To start making it a personal issue is regrettable.
We are not in the business of personalising issues while acting inthe best interest of the patient. We shall respect her office and not attack her personally." That said, Letlape confirmed that Sama urged its members to continue dispensing whether or not they had applied for, or received licences to do so.
"Whatever the Minister says, we are not going to jeopardise patient care in this country.
We think in the best interest of the patient.
If this may be breaking the law it is regrettable.
"They have a duty (to dispense) ... especially to the poor and the historically disadvantaged who are the hardest hit. Some of us are alive today because general practitioners gave us access to life saving medicines.
"For us it's about patient care. For her it's about the law," said Letlape.
On Friday, the May 2 deadline for doctors to get dispensing licences from the health department was extended to June 2, pending an application about the constitutionality of the new licensing dispensation.
The Health Ministry was put on terms to file answering papers to the constitutional application, which will be heard in the High Court on May 31.
While Letlape said it would be a fiasco if only those who had applied for licences could dispense medicine, the ministerial statement said: "We can boldly state that more than 6 000 health professionals are currently doing the (required) dispensing course and the numbers are increasing by the day."
Letlape said doctors had been dispensing for 30 years and the course was an insult to their integrity.
"It gives no recognition of prior licencing. Doctors are currently registered and doing a good job. We want the doctors' job to be recognised, not trashed."
The department added that it was encouraged by the thousands of health professionals who were disassociating themselves from the "lawless elements".
Meanwhile Mabasa said that one of the areas of contention was that the Department of Health had not defined what "vicinity" meant when it came to explaining what distances applicants were from other dispensers.
"There was no specification about whether it meant 50 metres away or in the same province. Applicants were failed on the basis of pharmacists in Johannesburg complaining about applications in Pretoria," said Mabasa.
"We would have thought that sanity would have prevailed. But it turned out to be ridiculous ... The law has to be challenged because the department is saying apply for something to promise to be refused." The Department of Health called on health professionals who had not made any effort to comply with the law and wanted to dispense after June 2, to immediately: – publish their intention to apply for a dispensing licence in a local newspaper; – register for the dispensing course; and – submit their applications to the Department of Health.
"The Department has the capacity to ensure that licences are issued immediately to all those that qualify.
"The primary purpose of this Act is to improve access to affordable, quality medicine and protect the public. This requires, amongst other things, that health professionals who are dispensing medicine have sufficient skills to provide safe, quality service in that regard." - Sapa
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