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Off-Label Prescription and How it is (Not) Regulated in China
Vera Lúcia C. Raposo1,2
2017-07
Source PublicationAsia Pacific Journal of Health Law & Ethics
ISSN2635-4063
Volume10Issue:3Pages:1-21
Abstract

Off-label prescription—the use of a drug outside the scope of its marketing authorization (MA) and the content of its summary of product characteristics (SmPC)—is a medical practice spread all around the world, China being no exception. Several reasons, mostly related to financial strategies from pharmaceutical companies, can justify the decision of not requiring an MA for a certain drug use. The main reason is the purpose of having a profit without taking excessive risks, either economic or legal. This paper will define off-label prescription, discuss the various reasons leading to it, describe the general framework of this practice in Europe and in the United States and analyze off-label prescription in China, describe its regulation (actually, the lack of it) in the Chinese legal system and comment on the actual practice by Chinese health care providers. To conclude, the paper will sustain that a regulation for off-label prescription is essential to clarify for doctors the requirements of lawful off-label uses, and thus protect patients from injuries resulting from risky of-label prescriptions.

KeywordMarketing Authorization Drugs Off-label Prescription Medical Liability China
URLView the original
Language英語English
Document TypeJournal article
CollectionUniversity of Macau
Corresponding AuthorVera Lúcia C. Raposo
Affiliation1.Faculty of Law of Macau University, China
2.Faculty of Law of Coimbra University, Portugal
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Vera Lúcia C. Raposo. Off-Label Prescription and How it is (Not) Regulated in China[J]. Asia Pacific Journal of Health Law & Ethics, 2017, 10(3), 1-21.
APA Vera Lúcia C. Raposo.(2017). Off-Label Prescription and How it is (Not) Regulated in China. Asia Pacific Journal of Health Law & Ethics, 10(3), 1-21.
MLA Vera Lúcia C. Raposo."Off-Label Prescription and How it is (Not) Regulated in China".Asia Pacific Journal of Health Law & Ethics 10.3(2017):1-21.
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