Justice suspends the resolution that authorizes the pharmacist to prescribe medicine

Justice suspends the resolution that authorizes the pharmacist to prescribe medicine


The decision of the Federal District Court complies with the request of the Federal Council of Medicine (CFM)


Summary

The Federal District Court has definitively suspended the resolution of the CFF which allowed pharmacists to prescribe drugs, claiming that the measure violates medical practice. The CFM celebrated the decision, while the CFF defends the rule as an advance for access to health.




The Federal District Court suspended a resolution of the Federal Council of Pharmacy (CFF) on Monday 31st, authorizing pharmacists to prescribe drugs, including those sold under prescription.

The preliminary decision was made after the Federal Council of Medicine (CFM) to judicially request the cancellation of resolution no. 05 of 20 February 2025, of the CFF, which ceases to have effect until the end of the sentence of the action.

The CFF regulation, now suspended, would have had an effect since April and has become the objective of criticism by the medical community. Among the effects, resolution no. 05 would allow the pharmacist to prescribe drugs, renew the requirements issued by other health professionals and have physical exams of signs and symptoms, as well as performing, requesting and interpreting the tests.

In the text, the judge Aalôr Piacini, of the 17th Federal Civil Court in the Federal District, underlined that “the counter of a pharmacy is not the place to establish a diagnosis and treatment of a disease, under penalty of illegal medicine exercise”.

The judge also stressed that, only by law of the Union initiative, approved by the National Congress and sanctioned in theory, after a large debate with the company, the pharmacist could be attributed the initiatives provided for in the resolution of the CFF.

Therefore, Piacini has decided, in addition to the suspension of the resolution, that the CFF publishes the decision in its portal and in other media under the penalty of a daily fine of $ 100 thousand. The CFF can still appeal to the decision.

José Hiran Gallo, president of the CFM, considered the decision as a “victory for Brazilian society”: “pharmacists do not have legal attribution or medical technical preparation to identify diseases, define treatments and measures to restore the health of people affected by various diseases. This would cause damage to the community, which can cause irremediable damage to Brazilian public health.”

On the other hand, the CFF states that the measure is “essential for the category”, which acts on the regulation of pharmaceutical activity in the monitoring of patients and “expands access to health, especially in the needy regions”, allowing the prescription of close drugs in specific situations.

“Resolution at risk has a historical advance: it ensures that pharmacists produce pharmacotherapy profiles and intervene safely, reducing drug errors and improving the effectiveness of the treatments. The suspension of this standard would be a setback, weakening the single health system”, the advice has justified.

The resolution is at the center of A consultation Public in the Senate, which aims to suspend, or not, of the pharmaceutical directive. “The category cannot retire to a result for the benefit of millions of

Brasiliani “, published the CFF.

Source: Terra

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