The May 2 deadline for doctors to get dispensing licences from the health department has been extended to June 2, pending an application about the constitutionality of the new licensing dispensation next month.
After a full day of at times heated legal argument, health authorities finally reached an agreement with the Affordable Medicines Trust and the National Convention on Dispensing - which represents about 8Â 000 dispensing doctors - that the deadline would be extended.
Counsel for the respondents in the case, which included President Thabo Mbeki, and the minister and director-general of health, made it clear that the agreement had been reached in the interest of thousands of patients "so that the public do not suffer".
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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.
| 'They send out a defiant signal' |
The Convention on Dispensing on Friday applied before Transvaal Judge President Bernard Ngoepe for an interim interdict to extend the licensing deadline pending the final outcome of their application about the constitutionality of the relevant statutory provisions and regulations.
Counsel for the applicants on Friday pointed out that of the 1486 doctors who have applied, only 85 have so far received licences.
Almost 6 000 doctors were presently registered for courses, which they have not yet completed.
The doctors described the situation as "chaotic" and accused the health department and its director-general of simply ignoring all inquiries and correspondence.
The department in turn accused doctors of having an attitude that they did not like the legislation, with the vast majority not even bothering to apply for licences, or waiting until the last minute.
| 'They're asking the court to countenance their blatant disrespect for the law' |
"They send out a defiant signal. They're asking the court to countenance their blatant disrespect for the law," the court was told.
In terms of the new dispensation, which came into operation in May last year, doctors, nurses and dentists were given until May 2 this year to apply for licences to dispense medicines.
The health professionals have to complete a dispensing course and to prove that their services were needed in the area where they worked.
National Convention of Dispensing chairperson Dr Mphata Mabasa pointed out in an affidavit that millions of indigent patients in South Africa relied on dispensing doctors for their medicines.
"In most of those rural areas that are particularly affected no pharmacies exist or exist only within an inaccessible distance."
It was also a fact well known within the medical field that millions of patients saw their medical practitioner on a so-called "package deal".
The patient would pay a certain fee, normally a reduced fee in cash, and would thereupon be examined and provided with medicine at the same time.
"Thousands of medical practitioners will from May 2 commit criminal offences if they prescribed medicine.
"If they do so medical schemes will not pay the dispensing doctors for the medicines, and suppliers of such medicines will not supply them.
"The only lawful course open to a doctor after May 2 will be to show patients away. This will be irrespective of the condition of such a patient," he said. - Sapa
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