Pharmacy Act regulates the profession of pharmacy in India. Since there was no legislative law and stringent regulations to control the profession of pharmacy in India before the pre-independence, which was mishandled by persons with no pharmacy knowledge to compound and prescribe the medicines which were leading to cause great harm to public health, pharmacy act was framed in the year 1948 to resolve all these issues.
This act also provides regulations for the good conduct of pharmaceutical education, revising the curriculum to gain academic and practical training for the pharmacists by framing standard guidelines. This act extends to the whole part of India except Jammu and Kashmir.
OBJECTIVES OF THE ACT
I. To provide uniform education and training to those persons willing to enter the pharmacy profession.
II. To maintain control over the persons of the pharmacy profession by registering them as registered pharmacists in every state and union territories.
CONSTITUTION OF PHARMACY COUNCIL OF INDIA
PCI is constituted by the Central Government every five years.
The first Pharmacy Council of India was constituted in the year, 1949.
The PCI is composed of the following members:
A. Elected members:
(i) Six members, at least one teacher each of Pharmacy, Pharmaceutical Chemistry and
Pharmacognosy elected by UGC from the teaching staff of an Indian University or an
affiliated college granting a degree or diploma in Pharmacy.
(ii) One member, elected by the Medical Council of India from amongst its members.
(iii) One member elected by each State Pharmacy Council who shall be a Registered Pharmacist.
B. Nominated members:
(i) Six members, nominated by the Central Government, including at least four persons possessing degree or diploma in Pharmacy and engaged in the practice of Pharmacy or Pharmaceutical Chemistry.
(ii) One representative each of University Grants Commission and the All India Council for Technical Education.
(iii) One Registered Pharmacist to represent each State nominated by the State Government/Union Territory Administration.
C. Ex-officio Members:
(i) The Director General of Health Services.
(ii) The Director of Central Drugs Laboratory.
(iii) The Drugs Controller of India.
All members of the Council are eligible for re-election or re-nomination. The Council also appoints:
(i) A Registrar who acts as its Secretary and, if necessary, its treasurer as well,
(ii) Other officers and servants for carrying out its statutory functions.
(iii) The Executive Committee of the PCI consisting of the President and the Vice-President and five other members elected by the Central Council from amongst its members.
FUNCTIONS OF P.C.I. :
A) Education Regulations (E.R.) -
Minimum standard of education laid down by P.C.I. are known as the “Education Regulation”.
▪ They include,
i. Minimum qualification for registration as a Pharmacist.
ii. Minimum qualification for admission to Diploma in Pharmacy.
iii. Duration of training and course of study to be covered.
iv. Condition to be fulfilled by the academic Institution and by the Examining Authority.
v. Nature and period of practical training .
vi. The subjects of examination and minimum standard of passing.
vii.Condition to be fulfilled by the institution to be recognized for giving practical training.
viii. Practical training contract form for
Pharmacists.
B) To regulate the Education Regulation in the states.
C) Approval of the Institutions providing course and examination for the pharmacists.
JOINT STATE PHARMACY COUNCIL
➢ Two or more State Governments can agree that the State Council of one State is to serve the needs of the participating States.
➢ Composition of Joint State Councils:
It consists of three different types of members:
A. Elected member
B. Nominated member
C. Ex-officio member.
A . Elected member :
1) 3-5 members elected amongst themselves by the Registered Pharmacists of each of the
participating States.
2) One member elected from amongst themselves by the members of each Medical Council of each State.
B . Nominated member:
1) 2-4 members nominated by each participating state, of whom more than half possess a degree or diploma in pharmacy or be Registered Pharmacist.
C. Ex-officio member:
1) The Chief administrative medical officer of each participating State.
2) The Government Analyst of each participating state.
3) The officer in-charge of drugs control
organisation of each participating State.
➢ Executive Committee consisting of:
▪ President
▪ Vice-president
▪ The such other number of the member.
REGISTRATION OF PHARMACISTS
➢ The Pharmacy Act,1948, provides for the registration of pharmacists .
➢ There are two types of register,
1)First register
2)Subsequent register
➢The Preparation and maintenance of Register:
The Register shall include the following
particulars, namely:
a) The full name and residential address of the registered person;
b) The date of his first admission to the register;
c) His qualifications for registration;
d) His professional address, and if he is employed by any person, the name of such person;
e) Such further particulars as may be prescribed.
PREPARATION OF FIRST REGISTER
➢ For the preparation of the first register, the State
Government has to constitute a Registration Tribunal .
➢ The Tribunal consisting of :
- Three persons,
- A Registrar ,act as Secretary.
Tribunal fixes the date on or before which all applications for registration with prescribed fees are accepted.
- All applications are examined.
- If tribunal is satisfied, it directs the entry of the name of the applicant on the register.
QUALIFICATIONS FOR ENTRY ON FIRST REGISTER
➢Applicant should be at least 18 years old.
➢Applicant should reside or carries on the business or profession of pharmacy in the concerned State.
➢ Applicant should hold,
a) A degree or diploma in pharmacy OR
pharmaceutical chemistry OR
b) Chemist and Druggist diploma OR
c) Qualification granted by authority outside India which is adequate for registration. OR
d) Degree of an Indian universities with not less than 3 years experience in dispensing in hospital. OR
e) Passed an examination for dispensers recognized by state government . OR
f) Not less than 5 years experience of compounding prior to the date notified by Tribunal.
REMOVAL OF NAME FROM REGISTER
➢ The name of Pharmacist may be removed from register,
i) If his name has been entered into the
register by error. OR
ii) If he has been convicted of any offence in any professional respect which renders him unfit to be kept in the register. OR
iii) If the employed person is registered pharmacist , his name may be removed from register . If,
▪ Convicted of offence or held guilty of infamous conduct.
▪ Offence was investigated by registered
pharmacist himself.
▪ If the repetition of similar offence or conduct during the period of 12 month.
OFFENCES PENALTIES
1. Falsely claiming to be a
registered pharmacist.
PENALTIE
(a) Fine up to Rs. 500.00 on first
conviction.
(b) Fine up to Rs. 1000.00 and/or 6
months imprisonment of any
subsequent conviction.
2. Dispensed by unregistered
persons. Exception: Medical practitioners.
PENALTIE
6 months imprisonment OR Fine
up to Rs. 1000.00 OR Both.
3.Failure to surrender certificate of
registration.
PENALTIE
Fine up to Rs. 50.00
4.Obstructing State pharmacy
council Inspectors.
PENALTIE
6 months imprisonment OR Fine
up to Rs. 1000.00 OR Both.