Federal Court Upholds Doctors Right To Dispense Ivermectin Under Poisons Act

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A three-member panel at the Federal Court led by Chief Justice Tengku Maimun Tuan Mat dismissed the government’s appeal, stating that the legal questions posed were unrelated to the case’s facts. — Picture by Yusof Mat IsaPUTRAJAYA, March 3 — The Federal Court has upheld a Court of Appeal decision affirming that registered medical practitioners are legally entitled to dispense Ivermectin to patients under their care, provided they comply with the provisions of the Poisons Act 1952, Free Malaysia Today (FMT) reported.
According to the report, a three-member panel led by Chief Justice Tengku Maimun Tuan Mat dismissed the government’s appeal, stating that the legal questions posed were unrelated to the case’s facts.
FMT reported that the court found the Poisons Act to be a comprehensive code governing all matters related to poisons, including their sale and supply.
“Sections 19 and 21 of the Poisons Act expressly exempt registered medical professionals, allowing them to dispense Group B poisons, including Ivermectin, as part of their professional judgment for treatment,” Tengku Maimun said in her written judgment, according to FMT.
She added that the Sale of Drugs Act 1952 and its subsidiary legislation, the Control of Drugs and Cosmetics Regulations 1984, could not override the rights vested under the Poisons Act.
The case stemmed from an originating summons filed by two doctors, Dr S Vijaendran and Dr Che Amir Farid Che Isahak, after a 2021 raid on Dr Che Amir’s clinic in Ampang during the Covid-19 pandemic. Health officials had seized Ivermectin, arguing it was unregistered and illegally dispensed.
On August 25, 2023, the Court of Appeal had ruled in favour of the doctors, stating that the Poisons Act allows registered medical practitioners to dispense Group B poisons.
In her judgment, Tengku Maimun emphasised that the government could not rely on subsidiary legislation, such as Regulation 7 of the Control of Drugs and Cosmetics Regulations, to deny doctors their rights.
The top judge also noted that there would be no order as to costs in the Federal Court proceedings, given the case’s public interest.
The government was represented by senior federal counsel Rahazlan Affandi Abdul Rahim, while the doctors were represented by lawyer Gurdial Singh Nijar. - malaymail

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