한약사와 약사의 한약조제에 관련된 법적 쟁점에 관한 고찰

Abstract

When a herb pharmacist prepares any herb drug, he/she shall comply with the prescription of a herb doctor: Provided, That in the case where he/she prepares it according to the category of herb drug prescription or method of preparation determined by the Minister of Health and Welfare, he/she may prepare it without prescription of a herb doctor. When a herb pharmacist prepares herb drug without prescription of a herb doctor, he/she should be permitted to examine the condition of a patient by finger or by question and answer. If a representative, agent, employee or other worker of a juristic person has violated the provisions of Articles 93 through 96Pharmaceutical Affairs Act regarding the duties of the juristic person,not only the violator shall be punished but also the juristic person shall be punished with a penalty in the applicable text and if a representative, agent employee or other worker of an individual has violated the provisions of Articles 93 through 96 regarding the duties of the individual, not only the violator shall be punished but also the individual shall be punished with a penalty in the applicable text. These articles are against Constitution. In any case without a pharmacist's own fault he/she should not be punished. Every pharmacist shall, whenever he/she prepares drugs at his/her pharmacy, enter the character of a patient, preparation date, the names of prescribed drugs and the days of taking drugs, details of preparation, details of guidance on taking drugs and other matters prescribed by Ordinance of the Ministry for Heath and Welfare in his/her preparation records (including digital records) and keep such preparation records for 5 years. This article doesn't apply to the herb drug preparation by herb pharmacists.