Import unapproved medicine into Sri Lanka
Importing medicines into Sri Lanka
Requirements for Importing Life-Saving Unapproved Medicines for Personal Use into Sri Lanka
The National Medicines Regulatory Authority Act No. 5 of 2015 is the primary legal framework governing the regulation of medicines, medical devices, and borderline products in Sri Lanka. It established the National Medicines Regulatory Authority (NMRA), which oversees the registration, licensing, and monitoring of medicinal products entering or being manufactured in the country (NMRA Official Website). When an individual needs to import an unapproved or unavailable life-saving medicine for personal use, there are specific protocols and requirements mandated by the Act to ensure both the efficacy of the medicine and the safety of the patient.
Understanding the National Medicines Regulatory Authority (NMRA)
The NMRA's mission is to protect public health by ensuring that medicinal products available in Sri Lanka are of the required quality, safety, and efficacy. It regulates all activities related to pharmaceuticals, including importation, manufacture, distribution, and sale. By enforcing stringent regulatory controls, the NMRA aims to prevent the circulation of substandard or counterfeit medicines, which can have serious implications for patient health (WHO on Medicine Regulation).
Importing Unregistered Medicines for Personal Use
While the NMRA generally requires all medicinal products to be registered before they can be imported or sold in Sri Lanka, there are provisions in the Act that allow for the importation of unregistered medicines under exceptional circumstances. This is particularly relevant for patients who require life-saving medications that are not available or approved in the country. The importation of such medicines is tightly regulated to balance the urgent needs of patients with the overarching mandate to ensure safety and efficacy.
Key Provisions Under the Act
- Section 109 of the Act: Allows for the importation of unregistered medicines for personal use with the approval of the NMRA, provided that certain conditions are met.
- Exceptional Circumstances: The medicine must be essential for the patient's survival, and there must be no suitable alternative available within Sri Lanka.
Requirements and Procedures
The process for importing unregistered medicines for personal use involves several steps:
1. Consultation with a Registered Medical Practitioner
The individual must consult with a registered medical practitioner in Sri Lanka who can attest to the necessity of the unregistered medicine. The practitioner should:
- Conduct a thorough medical evaluation of the patient.
- Provide a detailed medical report outlining the patient's condition, treatment history, and justification for the use of the unregistered medicine.
- Issue a prescription specifying the unregistered medicine, dosage, and duration of treatment.
2. Application to the NMRA
An application must be submitted to the NMRA requesting approval to import the unregistered medicine. The application should include:
- Patient Information: Full name, address, contact details, and a copy of the national identification card or passport.
- Medical Documentation: The medical practitioner's prescription and detailed medical report.
- Product Information: Details of the medicine, including the active ingredient(s), brand name, strength, dosage form, manufacturer, and country of origin.
- Letters of Justification: Any additional letters from specialists or consultants supporting the use of the medicine.
- Evidence of Non-Availability: Documentation or statements confirming that the medicine is not registered or available in Sri Lanka.
3. NMRA Evaluation and Approval
The NMRA will review the application to ensure that:
- The medicine is essential and life-saving.
- There are no registered alternatives available in the country.
- The patient has a legitimate medical need as confirmed by a registered medical practitioner.
- The medicine meets acceptable quality standards.
If the application is approved, the NMRA will issue an authorization letter permitting the importation of the specified quantity of the medicine for personal use.
4. Importation and Customs Clearance
Upon receiving NMRA approval, the patient or an authorized representative can proceed with importing the medicine. Key considerations include:
- Logistics: Arranging for the medicine to be shipped to Sri Lanka, ensuring that it complies with handling and storage requirements.
- Documentation: Presenting the NMRA approval letter, prescription, and other relevant documents to Sri Lanka Customs.
- Duty and Taxes: Being prepared to pay any applicable import duties, taxes, or fees.
Sri Lanka Customs collaborates with the NMRA to ensure that imported medicines comply with national regulations (Sri Lanka Customs).
Responsibilities and Obligations
Patient Responsibilities
The patient importing the medicine must:
- Ensure that the medicine is for personal use only and not for commercial distribution.
- Adhere strictly to the prescribed dosage and administration instructions provided by the medical practitioner.
- Monitor for any adverse reactions and report them immediately to the medical practitioner and the NMRA.
Medical Practitioner's Obligations
The medical practitioner has a duty to:
- Verify that no suitable registered alternative is available in Sri Lanka.
- Provide accurate and comprehensive medical documentation to support the application.
- Monitor the patient's response to the medicine and report any adverse events to the NMRA (Adverse Drug Reaction Reporting Form).
Considerations for Safe Importation
Ensuring Medicine Quality
To minimize risks associated with counterfeit or substandard medicines, patients should:
- Source medicines from reputable suppliers or pharmacies with a valid license in the exporting country.
- Verify the manufacturer’s credentials and look for certifications such as Good Manufacturing Practice (GMP) compliance.
- Ensure that the medicine has appropriate labeling and packaging, including batch numbers and expiry dates.
Legal Compliance
Non-compliance with importation regulations can result in:
- Seizure and destruction of the medicine by customs authorities.
- Legal penalties, fines, or prosecution under the NMRA Act.
- Risks to personal health due to unauthorized medicines.
Therefore, strict adherence to the NMRA guidelines is imperative.
Frequently Asked Questions
Is it possible to import medicines without NMRA approval?
No. Importing medicines without NMRA approval is illegal and may result in legal action. All unregistered medicines must be authorized by the NMRA before importation.
Can someone else import the medicine on behalf of the patient?
Yes, an authorized representative or caregiver can handle the importation process, provided they have the necessary documentation and authorization from the patient.
How long does the NMRA approval process take?
The duration can vary depending on the complexity of the case and the completeness of the submitted documentation. It is advisable to submit applications well in advance and follow up with the NMRA regularly.
What if the medicine is urgently needed?
In emergency situations, it may be possible to expedite the approval process. The medical practitioner can communicate the urgency to the NMRA, and all efforts will be made to process the application swiftly.
Contact Information
For assistance or more information, individuals can contact:
- National Medicines Regulatory Authority
120 Norris Canal Road,
Colombo 10,
Sri Lanka.
Phone: +94 11 2698896 / +94 11 2698897
Email: [email protected]
Website: www.nmra.gov.lk
Conclusion
The importation of life-saving unapproved medicines for personal use is a process carefully regulated by the National Medicines Regulatory Authority Act (2015). By following the established procedures and working closely with medical professionals and regulatory authorities, patients can access necessary treatments while ensuring compliance with national laws and regulations. This process underscores the balance between individual healthcare needs and public health imperatives, striving to provide access to essential medicines while safeguarding against potential risks.