Legal Responsibility of The Pharmacist in Absentia in Pharmaceutical Services

Abstract

Quality pharmaceutical services must be led by a Pharmacist. However, the practice of a pharmacist in absentia (the physical absence of the supervising pharmacist during service provision) is still prevalent, particularly in certain pharmaceutical facilities. This study aims to analyze and identify the legal consequences and responsibilities of the supervising pharmacist for pharmaceutical services rendered while they are not physically present. The method employed is a normative legal research through a literature study of relevant laws and regulations. The results indicate that, despite their absence, the pharmacist retains delegated responsibility and strict liability, especially concerning the fulfillment of quality standards and patient safety. Provisions within Law Number 17 of 2023 concerning Health and its implementing regulations stipulate that pharmaceutical services are a healthcare effort that must be performed in accordance with professional standards. Violations arising during a pharmacist's in absentia can result in administrative, civil, and criminal sanctions for the supervising pharmacist and/or the assisting Pharmaceutical Technical Staff (PTS) on duty.