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Pharmacy act 1948:- PPT / PDF

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

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 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.
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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
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 ❑ 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."
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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
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           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).

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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.


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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
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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.
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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



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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

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❑ 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.



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FUNCTIONS OF PCI:                           13




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❑ 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.

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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.

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 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.
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   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.
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  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.
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❑ 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.
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 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.

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        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.


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❑ 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.


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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.

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❑ 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.



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 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.
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                                 :
❑ 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.

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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.]

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           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.
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❖ 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