Description
Pharmacy act 1948
What is pharmacy act
Juriprudence : The study of fundamental legal
principles is called jurisprudence. In general sense
jurisprudence includes knowledge of law while in the
technical sense it is the science of the first principles of
civil law.
Forensic Pharmacy : The wors “forensic” is derived
from term “forencis” meaning forum means public
place, market place or place of assembly for judicial and
other business .It signifies something decides at a
democratic set up.Accordingly forensic pharmacy is the
application of pharmaceutical knowledge to legal
problems.
• HISTORY
• OBJECTIVE:
• Regulating and raising the Status of Profession of Pharmacy in India
• Providing uniform education and training to the person willing
to enter the Profession of Pharmacy
• Maintaining control over the persons entering the Profession Pharmacy
• Introduction
• The Pharmacy Council Of
india (PCI)
• Functions Of Pci
• Approval Of Qualification
Granted Outside India
• Central Register
• State Pharmacy Councils
• Joint State Pharmacy
council
• Regestration Of Pharmacists
• Qualifications For Entry In
register
• Entry And Removal Of Names
• Renewal Fees
• Offences and Penalties
• ❖ The pharmacy act was commenced in 1948 underAct8.
❖ Pharmacy act provided the Profession of Pharmacy in
India with framework.
❖ It regulates and raises the status of the Profession of
Pharmacy.
❖ It recognizes the qualification granted outside India and
extends the PharmacyAct.
❖ It helped the govt. to obtain some control over the
professionals engaged in this field.
- Subject:- Pharmacutical jurisprudence
- Course:- B.pharm (pharmacy),
- Semester:- 4th sem , sem :- 4
Pharmacy act 1948 www.remixeducation.in 1 Juriprudence : The study of fundamental legal principles is called jurisprudence. In general sense jurisprudence includes knowledge of law while in the technical sense it is the science of the first principles of civil law. Forensic Pharmacy : The wors “forensic” is derived from term “forencis” meaning forum means public place, market place or place of assembly for judicial and other business .It signifies something decides at a democratic set up.Accordingly forensic pharmacy is the application of pharmaceutical knowledge to legal problems. www.remixeducation.in HISTORY: Early 20th century- Poor quality Absence of No restriction to the of service recognized practice of pharmacy curriculum Great harm to the health of people www.remixeducation.in 3 ❑ The following statement of objects and reasons i.e. pharmacy bill was published in Gaz. of Ind.,1947, Part V, page 469. ➢ "It is desirable that, as in most other countries, only persons who have attained a minimum standard of professional education should be permitted to practice the Profession of Pharmacy. It is accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the minimum standards of education, it is further proposed to empower Provisional Governments to prohibit the dispensing of medicine on the prescription of a Medical Practitioner otherwise than by, or under the direct and personal supervision of, a registered pharmacists." www.remixeducation.in 4 OBJECTIVE: Regulating and raising the Status of Profession of Pharmacy in India Providing uniform education and training to the person willing to enter the Profession of Pharmacy Maintaining control over the persons entering the Profession Pharmacy www.remixeducation.in 5 INTRODUCTION: ❑ An act to regulate the ‘Profession Of Pharmacy’. ❑ The act was promulgated in the year 1948. ❑ The Pharmacy Bill, 1947, having been passed by the Legislature received its assent on 4th March, 1948. ❑ It came on the Statute Book as THE PHARMACYACT, 1948 (8 of 1948). www.remixeducation.in 1. Short title, extent and commencement: a. This act may be called as The Pharmacy Act 1948. b. It extends to the whole of India except the State of Jammu and Kashmir. c. It shall come in to force at once but chapters III,IV and V shall take effect in a particular state from such date as the state govt. www.remixeducation.in 7 2.Interpretation:In this Act, unless there is anything repugnant in subject a. Agreement : under section 20 b. Approved : under section 12 or 14 c. Central council : under section 3 d. Central register : under section 15(A) e. Executive committee f. Indian university: under section 3 of UGC Act 1956 www.remixeducation.in 8 Medical practitioner – under section 3 of Indian Medical Degrees act 1916. Prescribed – under section 3. Registered Pharmacist means a person whose name is for the time being entered in the register. State council – under section 19. This also includes JPC. University Grants Commission - under section 4. www.remixeducation.in 9 THE PHARMACY COUNCIL OF INDIA: ❑ The PCI was first constituted in the year 1949. ❑ Reconstituted for every 5 years. ❑ COMPOSITION: A. Elected members B. Nominated members C. Ex-officio members www.remixeducation.in 10 Elected members Nominated Ex officio members members • Six members- • Six members- • The Director selected by nominated by General of UGC among Central govt. Health Services them at least • One • The Director of one from representative Central Drugs teaching each- UGC, Laboratory profession AICTE • The Drugs • One member- • One registered Controller of elected by MCI Pharmacist- India • One member- each state/ elected by State union territory Pharmacy Council www.remixeducation.in 11 ❑ The executive committee consists of 1. President 2. Vice president 3.Five members elected by Central Council from its member’s ❑ Apart from this, the council also appoints 1. A registrar 2. Other officers and servants for carrying out its statutory functions. www.remixeducation.in 12 FUNCTIONS OF PCI: 13 www.remixeducation.in ❑ EDUCATION REGULATIONS: 1. Minimum qualification for admission in to the course. 2. Duration of training and course of study to be covered. 3. Equipments and facilities to be provided by the institutions. 4. Giving practical training. 5. Holding approved examinations. ❑ The Educational Regulations shall be published in the Official Gazette and in such other manner as the Central Council may direct. www.remixeducation.in 14 APPROVAL OF QUALIFICATION GRANTED OUTSIDE INDIA: 1. Qualification in pharmacy granted outside India can be recognized by PCI. This is applicable to Indian citizens. 2. Citizens of foreign nationality can be eligible for registration when an Indian national holding the same qualification is allowed to enter an practice in that country. www.remixeducation.in 15 CENTRAL REGISTER: ❑ Under the provision of pharmacy act(1976), the PCI of India is required to maintain a Central Register. ❑ The register has to: a. Maintained by the Registrar council of India b. Has to be revised suitably from time to time c. Published in the gazette of India. www.remixeducation.in 16 STATE PHARMACY COUNCILS: It also consists of three different types of members- elected, nominated and ex-officio. Elected members • Six members- by registered pharmacist of the state • One member elected by MCI Nominated members • Five members nominated by the State Government Ex-officio members • Chief administrative Medical Officer • Officer in charge of Drugs Control Administration of the State • Government Analyst. 17 www.remixeducation.in JOINT STATE PHARMACY COUNCIL: Two or more states enter into an agreement to form a joint state pharmacy council . Elected Nominated Ex-officio members members members • Registered • Govt. nominees- • Chief pharmacist- 3to 2 to 4 from each Administrative 5 from each state. Medical Officer. state • Officer incharge • Medical of Drugs council- 1 from Control each state. Administration. • Govt. analyst. 18 www.remixeducation.in ❑ The president and vice president are elected by the members from amongst themselves. ❑ Period of 5 years ❑ Casual vacancy is filled by nomination or election ❑ Members are eligible for re-election ❑ Possess an executive committee similar to the central government. www.remixeducation.in 19 INSPECTION The state council may appoint Inspectors having the following qualifications. An inspector may ➢Inspect any premises under dispensing and submit the report to Registrar. ➢Enquire whether the person engaged in dispensing is a registered pharmacist ➢Institute prosecution under the order of the Executive Committee of the State Council. www.remixeducation.in 20 REGESTRATION OF PHARMACISTS Preparation and maintenance of register : ❑ First Register : ➢ Procedure : ▪ State gov. has to constitute a registrartion tribunal, Tribunal consist of three person. ▪ Registrar as secretary, Tribunal has to fixed prescribe fee. ▪ all applicant are examined,If tribunal is satisfy ,it directs his/her name enter in to the register. www.remixeducation.in 21 ❑ Subsequent Register : ➢Procedure: ▪ After formation of state council applications are invited within a fixed (due) date adressed to registrar. ▪ Upon application receipt , as per registrar opinion applicant has to requisite qualifications, he/she may direct his/her name to be entered in the register. ▪ If application has been rejected by registrar,he/she may appeal to the state council within 3 months of the rejection. ▪ The decision of the state council shall be final. www.remixeducation.in QUALIFICATIONS FOR ENTRY IN REGISTER: He/ She should hold a diploma in pharmacy or pharmaceutical chemistry and has been engaged in the compounding of drugs in hospital or dispensary for a total period not less than 3years. He/ She holds a degree in pharmacy from Indian University. Has passed an examination recognized as adequate by the State Government for commoners or dispensers. www.remixeducation.in 23 ❑ 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. www.remixeducation.in ENTRY AND REMOVAL OF NAMES: ❑ Entry: a.All applicants for the registration should be addressed to the Registrar of SPC. b. If the applicant has the requisite qualifications for registration, he shall direct his or her name to be entered in the register. c. Upon entry, a certificate of registration is issued. ❑ REMOVAL: a. Registration by error. b. If he has been convicted of any offence in any professional aspect. c. 30day period for appealing d. Surrender of certificate of registration and publication in the official gazette. www.remixeducation.in : ❑ It is done on the 1stday of April subsequent to the commencement of the Pharmacy (Amendment) Act, 1959 (24 of 1959). ❑ Thereafter, each year after the first of April, register will arrange for reprinting showing supplements to the registers. ❑ These supplements and registers are deemed to be proof that the persons whose names are contained therein, are registered pharmacists. www.remixeducation.in 26 RENEWAL FEES: The state govt. by notification in the official gazette, direct that for the retention of the name in the register. In order to retain the name in the register, renewal fee shall be paid to the state government as may be prescribed. Where a renewal fee is not paid by the due date, the Registrar shall remove the name of the defaulter from the register. On payment of the renewal fee, the Registrar shall [issue a receipt there for and such receipt shall be proof of renewal of registration.] www.remixeducation.in 27 www.remixeducation.in Offences and Penalties OF ENCES PENALITIES 1. Falsely claims to be aregistered •Fine up to Rs.500.00 on first pharmacist. conviction. •Fine up to Rs.1000.00and or 6 months imprisonment of any subsequent conviction. 2. Dispensing by an unregistered •6 months of imprisonment or a fine person of up to Rs1000or both. 3. Failure to surrender the •Fine of Rs.50 certificate of registration 4. Obstruction of state pharmacy •Imprisonment of up to 6 months ora council inspectors fine up to Rs1000 or both. 28 ❖ The pharmacy act was commenced in 1948 under Act8. ❖ Pharmacy act provided the Profession of Pharmacy in India with framework. ❖ It regulates and raises the status of the Profession of Pharmacy. ❖ It recognizes the qualification granted outside India and extends the PharmacyAct. ❖ It helped the govt. to obtain some control over the professionals engaged in this field. www.remixeducation.in 29 www.remixeducation.in