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| Article 23 (Dispensing Drugs) |
| (1) | No person, other than pharmacists or herb pharmacists, may dispense drugs, and pharmacists or herb pharmacists shall dispense drugs within their licensed area: |
| (2) | A pharmacist or herb pharmacist shall dispense drugs at a pharmacy or a dispensary of a medical institution (including a dispensary installed in the Korea Orphan Drug Center pursuant to the latter part of Article 92 (1) 2): |
| (3) | Any doctor or dentist shall be entitled to prescribe prescription drugs and over-the-counter drugs and any pharmacist shall be entitled to dispense prescription drugs and over-the-counter drugs according to the prescriptions issued by doctors or dentists: |
| 1. | Where he/she dispenses drugs in an area where no medical institution exists; |
| 2. | Where he/she dispenses drugs for the purpose of disaster relief because medical institutions become virtually nonexistent in times of a natural disaster; |
| 3. | Where he/she sells oral vaccines to prevent spread of an infectious disease after the Minister of Health and Welfare recognizes such infectious disease has broken out or is feared to break out widely; |
| 4. | Where he/she dispenses drugs for community service activities. |
| (4) | Notwithstanding the provisions of paragraph (1), a doctor or dentist may directly dispense drugs, in any of the following cases: <Amended by Act Nos. 8723 & 8728, Dec. 21, 2007; Act No. 8852, Feb. 29, 2008; Act No. 9819, Nov. 2, 2008; Act No. 9847, Dec. 29, 2009; Act No. 9932, Jan. 18, 2010; Act No. 10512, Mar. 30, 2011; Act No. 11251, Feb. 1, 2012> |
| 1. | Where he/she dispenses drugs in an area where no pharmacy exists; |
| 2. | Where he/she dispenses drugs for the purpose of disaster relief because pharmacies become virtually nonexistent in times of a natural disaster; |
| 3. | Where he/she dispenses drugs for an emergency patient or a mental patient suffering from schizophrenia, a manic-depressive insanity, etc. who is feared to harm himself/herself or third persons; |
| 4. | Where he/she dispenses drugs for an in-patient, a patient suffering from a Type 1 infectious disease under the Infectious Disease Control and Prevention Act or a person admitted to a social welfare facility under the Social Welfare Services Act (where a person does not board and lodge in such social welfare facility, it shall be limited only to the dispensing of drugs during a period for which he/she utilizes such facility); |
| 5. | Where he/she gives injections; |
| 6. | Where he/she administers medication, including vaccines to prevent infectious diseases, drugs for medical examinations, and other drugs prescribed by Ministerial Decree of Health and Welfare; |
| 7. | Where he/she, while serving in a public health center or its branch office under the Regional Public Health Act, dispenses drugs for patients, as performance of his/her duties (excluding ambulatory care services for residents within the jurisdiction of a public health center and a public health branch office designated by the Minister of Health and Welfare); |
| 8. | Where he/she dispenses drugs for veterans with disability ratings 1 through 3 under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State and its Enforcement Decree, persons with disability ratings 1 through 4 among those wounded in the May 18 Democratization Movement under the Act on the Honorable Treatment of Persons of Distinguished Service to the May 18 Democratization Movement, persons with severe disabilities under the Act on Assistance, etc. to Patients from Actual or Potential Aftereffects of Defoliants and its Enforcement Decree, persons with disability ratings 1 and 2 under the Act on Welfare of Persons with Disabilities and its Enforcement Decree, disabled persons equivalent thereto, and patients suffering from Parkinson's disease or Hansen's disease; |
| 9. | Where he/she dispenses drugs for the treatment of persons having undergone the surgery of internal organ transplant and the treatment of patients suffering from AIDS; |
| 10. | Where he/she dispenses drugs for the active service persons in the course of discharging a military duty, riot police officers, security guards of any correctional institution, and other persons who are held in correctional institutions under the Administration and Treatment of Correctional Institution Inmates Act and the Act on the Execution of Criminal Penalties in the Armed Forces and the Treatment of Military Prison Inmates, protected juvenile accommodation facilities under the Act on the Treatment of Protected Juveniles, Etc., and internment facilities under the Immigration Control Act; |
| 11. | Where he/she administers medication of drugs for the treatment of tuberculosis under the Tuberculosis Prevention Act (limited to public health centers, public health branches and subsidiary hospitals of the Korean National Tuberculosis Association); |
| 12. | Where he/she dispenses drugs for community service activities; |
| 13. | Where he/she is prohibited from disclosing prescriptions for the sake of the confidentiality of information related to the national security; |
| 14. | Other cases prescribed by Presidential Decree. |
| (5) | The scope of an area where no medical institution or pharmacy exists, as referred to in paragraph (3) 1 or (4) 1, shall be determined by the Minister of Health and Welfare. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010 > |
| (6) | When a herb pharmacist dispenses any herb drug, he/she shall comply with the prescription of a herb doctor: |
| (7) | Any pharmacist engaging in dispensing drugs at a dispensary of a medical institution shall be prohibited from dispensing any drug for a patient to whom a prescription is issued under Article 18 of the Medical Service Act. |