[UPDATED] Doctors have right to dispense Ivermectin, Federal Court rules
KUALA LUMPUR: The Federal Court has upheld the Court of Appeal's ruling giving doctors the right to dispense Ivermectin to patients.
Chief Justice Tun Tengku Maimun Tuan Mat in dismissing the Health Ministry's appeal on the case said Ivermectin is classified as a Group B poison under Section 19(1)(a) of the Poisons Act and that any registered medical practitioner could sell, supply, or administer it for treatment.
"We are further fortified in this view by reason of the fact that section 21(2) of the act contains an entire procedure on prescriptions and how such poison (considered medication) is sold or supplied to the patient for the treatment of that patient," said Tungku Maimun in her written judgment.
She said the Federal Court agreed with the respondents' submission that under Section 19, they, and all registered medical practitioners were allowed by law to dispense Ivermectin to patients for their treatment.
Mungkin kena baca news article to sampai habis yach. The court ruled that the doctors have the rights to prescribe ivermection within the law BUT the court does not agree that the doctors prescribed ivermectin because it is proven to be effective against covid. Kalau tak faham BI sila suruh orang translate kan bagi terang
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KUALA LUMPUR: The Federal Court has upheld the Court of Appeal's ruling giving doctors the right to dispense Ivermectin to patients.
Chief Justice Tun Tengku Maimun Tuan Mat in dismissing the Health Ministry's appeal on the case said Ivermectin is classified as a Group B poison under Section 19(1)(a) of the Poisons Act and that any registered medical practitioner could sell, supply, or administer it for treatment.
"We are further fortified in this view by reason of the fact that section 21(2) of the act contains an entire procedure on prescriptions and how such poison (considered medication) is sold or supplied to the patient for the treatment of that patient," said Tungku Maimun in her summary judgment.
"A prescription regime is also put in place to ensure that such dispensations or supplies are done in accordance with the law," she said in her broad judgement recently," said Tungku Maimun in her summary judgment today.
She said the Federal Court agreed with the respondents' submission that under Section 19, they, and all registered medical practitioners were allowed by law to dispense Ivermectin to patients for their treatment.
The top judge also clarified that this case is not about Ivermectin's effectiveness against Covid-19 but rather the respondents' right, as registered medical practitioners, to dispense it for treatment under the Poisons Act.
She said the declaration sought by the doctors was not an attempt to interfere with ongoing criminal investigations but rather a legitimate request for judicial clarification.
The court also dismissed concerns that the judgment would "legitimise" the use of Ivermectin as a treatment for Covid-19.
The court said the decision only pertains to the legal right of doctors to dispense the drug within the framework of the Poisons Act.
"The government, perhaps rightly concerned about fallacious or suspicious treatment measures for Covid-19, was wary of the unproved use of Ivermectin.
"The Health Minister ought to have exercised his discretion, in consultation with the Poisons Board, to vary the Poisons List as he is allowed to do under section 6 of Poisons Act," she said.
Tengku Maimun added that it is Poisons Act, not the judiciary, that grants registered medical practitioners the right to dispense Ivermectin as a Group B poison.
She added the continued use of Ivermectin, even for Covid-19 treatment or prevention, persists due to the authorities' failure to enforce appropriate legal measures while its effectiveness remains undetermined.
In Sept 2021, the respondents, Dr S Vijaendran and Dr Che Amir Farid Che Isahak filed an originating summons against the Health Ministry and the government.
They sought a declaration on the interpretation of the Poisons Act and Poison Regulations concerning the right of doctors to dispense Ivermectin to patients.
This came after the Selangor health department confiscated Ivermectin from Che Amir Farid's clinic in June 2021.
In March 2022, the High Court dismissed the doctors' suit but this was overturned by the Court of Appeal the following year.
Post time 3-3-2025 11:46 AM
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