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40 Supremo Amicus [1] (2026)

handle is hein.journals/supami40 and id is 1 raw text is: SUPREMO AMICUS VOLUME 40 | February, 2026 ISSN 2456-9704 ACCOUNTABILITY OF ALGORITHMIC CONSULTATIONS AND TELEMEDICINE IN E- PHARMACY PLATFORMS: A CONSUMER LAW PERSPECTIVE By P Priyanka LLM from School of Law, Christ (Deemed to be University), Bangalore ABSTRACT The digitalisation of healthcare delivery through telemedicine platforms and e-pharmacy services has created challenges that have never existed before in attributing accountability for algorithmic decision making in pharmaceutical consultations. This paper studies the multi-layered accountability mechanisms that govern algorithmic consultations within e- pharmacy platforms through the lens of consumer protection law in India. Examining the interplay between the Consumer Pretection Act, 2019, the Information Technology Act , 2000, the Drugs and Cosmetics Act, 1945, and the Telemedicine Practice Guidelines, 2020, this paper locates significant regulatory gaps and proposes a consumer protection assurance framework. The study finds that the existing legal frameworks inadequately address issues such as algorithmic opacity, bias, discrimination, and the assigning of liability among platform operators, healthcare practitioners, and technology developers. This paper calls for stronger transparency 1 AI-Driven Digital Transformation in Global Healthcare: From Hospital Systems to Pharmacy Benefit Managers, INT'L J. SCI. ADV. (2025), https://www.ijscia.com/ai-driven-digital- transfonnation-in-global-healthcare-from-hospital- systems-to-pharmacy-benefit-managers/. 2 COVID-19 Accelerated Digital Transformation of the Pharma Industry by Five Years, PHARMACEUTICAL TECH. (May 30, 2023), https://www.phannaceutical- technology. com/news/covid-19-accelerated-digital- transformation-of-the-pharma-industry-by-five- years- requirements, compulsory algorithmic impact assessments and clarified liability frameworks that distribute responsibility among stakeholders in a way that is proportionate to their role, while at the same time not hindering innovation in digital health services. Keywords: Al consultations, e-pharmacy rules, Consumer Protection Act, Algorithmic consultations accountability, Consumer laws, Liability theories 1. INTRODUCTION The convergence of digital medicine and Al technology has transformed the healthcare industry significantly especially inthe e-pharmacy sector.1 The COVID-19 pandemic has accelerated the evolution of technology in almost all sectors including pharmaceuticals replacing the traditional healthcare delivery methodologies.2 To make pharmacy services, consultations, and health records collection function seamlessly through digital platforms, Ayushman Bharat Digital Mission (ABDM) was established.3 In India, e-pharmacy platforms have developed beyond simple medication delivery services to include Al consultation features, automated symptom detectors, and algorithmic treatment recommendations.4 The scale of this transformation is significant in India's telemedicine market, which was earlier valued at USD 830 million in 2019 and is expected to grow to USD 9.75 billion by 2030.5 AI-based teleconsultation services are integrated into major ' The Ayushman Bharat Digital Mission of India, TAYLOR & FRANCIS ONLINE (Dec. 16, 2024), https://www.tandfonline.com/doi/full/10.1080 /23288604.2024.2392290 4 How Al Is Transforming Medicine Delivery In India, MEDSTOWN (June 27, 2025), https://www.medstown.com/how-ai-is- revolutionizing-medicine-delivery-in-india-from- fast-apps-to-smarter-healthcare/ 5 India Telehealth Services Market Size & Share Analysis - Growth Trends and Forecast (2026 - 2031) Source: https://www.mordorintelligence.com/industry- www.supremoamicus.org PIF 6.242