Pharmacy act 1948

THE PHARMACYACT
( An act to regulate profession of pharmacy )
Mr. Amitkumar K. Jadhav
Keshavrao Patil Institute of
Pharmacy

CONTENT --
 History of Pharmacy Act.
 Objectives
 Definitions
 The Pharmacy Council Of India and
it’s functions-
 Design of the educational pattern
 Approval of Institutions/withdrawal of approvals
 Maintenance of Central Register of Pharmacists
 State Pharmacy Council and it’s
functions
 Maintenance of registers
 Entry and removal of names
 Removal of name from registers
 Printing of Registers
 Inspection by State Council
 Offences and Penalties
2

HISTORY OF PHARMACY ACT-
In India there was no any restriction to
practice the profession of pharmacy.
Hundred of case were found by government
wherein the compounding, mixing or
dispensing of medicines was being done by
persons who were not adequately
educated in this line.
These causing great harm to the health of
people.
It was found necessary to enact a law for
the regulation of the profession and
practice of pharmacy.
An act was promulgated in 1948 entitled
the pharmacy act 1948.
3

OBJECTIVE-
Toregulate the pharmacy education in
the country for the purpose of
registration as a pharmacist under the
pharmacy act.
They also regulate the profession.
practice of pharmacy.
4

Definitions
-“PharmacyAct” –An act to regulate
the profession of pharmacy.
“Registered Pharmacist”- A person
whose name is for the time being
entered in the register of the state in
which he or she is for the time being
residing or carrying on his profession
or business of pharmacy.
5

THE PHARMACY COUNCIL OF INDIA-
The first pharmacy council of
India(P.C.I) constituted by central
government in 1949.
It is reconstituted every 5 years.
A. Constitution,office Bearers
etc.: It consists of three diffirent
types of members-
1. Elected member
2. Nominated member
3. EX-Officio Member
6

1.Elected members-
.
A. 6 members(teachers),elected by
University Grant Commission(UGC).
There is at least one teacher of each of
the
pharmacy, pharmaceutical
chemistry, pharmacognosy and
pharmacology.
B.One member,elected by Medical
Council of India.
C.One member, elected by State
Council,who shall be a
registered pharmacist. 7

2. Nominatedmembers-
.
A. 6 member,nominated by the Central
Government. Of whom at least 4 shall
be persons possessing a degree or
diploma in, and practicing pharmacy,or
pharmaceutical chemistry.
B.A representative of the U.G.C. and
a representative of theAll India
Councilfor Technical
Education(A.I.C.T.E.)
C.One member nominated by each
State Government,who shall be a
registered pharmacist. 8

3. Ex-OfficioMembers-
A.. The Director general of Health Services.
B. The Director of Central Drug Laboratory.
C. The Drug controller of India.
Executive Committee Consisting of-
 President
 Vice – President
(President and Vice – President of Central
Council shall be elected by the members of
the Council from themselves.)
 Five members elected by Central Council
from it’s members.
9

.
The Council shall
appoint:- A Registrar act as a
secretary.
- Other officer and servants.
10

The elected and nominated members of
thecouncil hold office for a period of 5
years,but they can resign their
membership at any time,by writing to
the president of the council.
All members are eligible for re-election
of re-nomination.
11

B.FUNCTIONS--
 Design of the educational pattern—
 Toframe an educational stracture for the
would be pharmacist and to keep it
tuned to the changing needs with
passage of time .
 The standards of education for
pharmacist framed by the council are
known as the Educational
Regulations and amongst other
things prescribe.As-
Minimum qualification for admission to
the course.
12

Duration of the training and the course
of
.
study to be covered.
Equipments and facilities to be
provided by the institutions.
Giving practical training.
Holding approved examinations.
(After the formation of the state
councils the State Government were
supposed to publicize the Education
Regulations in the States in
consultation with the respective State
13

.
Approval of Institutions/withdrawal
of approvals:
o An institution or authority,which conducts
a course of study or hold an examination
for the pharmacists, has to apply to the
Pharmacy Council of India for approval of
the course or the examination.
o The council may depute its inspectors to
visit the institution to check whether the
prescribed facilities for imparting training
or holding examinations are in
accordance with the Education
Regulations or not.
14

o It may also require inspectors to attend
any
e. xamination,to judge its standard
without interfering with its conduct.
o The Inspectors then report to the
council.
o If on the report of the Inspector, the
council is satisfied then it gives approval
to it and then the said course or
examination shall be deemed to be
approved for qualifying for registration
as pharmacist under the act.
o If any approved course of study or
examination does not continue to be in
conformity with the Education
Regulations, then the council withdraw
15

 Maintenance of Central Register
ofP.
harmacists
:o Under the provision of the pharmacy
(Amendment)Act 1976, the Pharmacy
Council of India is required to maintain
a register containing names of all
persons registered as pharmacists in
diffirent states.
o This register has to maintained by
the registrar of the Council and
has to be revised suitably from
time to time and published in the
Gazette of India. 16

STATE PHARMACY COUNCIL-
 It also consists of three diffirent types of
members- Elected, nominated andex-
officio.
A. Elected members-
Six members, elected from amongst
themselves by registered pharmacist of
the state.
One member elected from amongst
themselves by the member of each
Medical Council of the State.
17

B. Nominated members–
F.
ive members,of whom at least three
shall be possessing a degree or
diploma in pharmacy or
pharmaceutical chemistry or to be
registered pharmacists, nominatedby
the state government.
C. Ex-OfficioMembers-
Chief administrative medical officer of
the state.
Government Analyst nominated by
state government under the drug and
cosmetic act 1940.
Officer in charge of drugs
control organization of the
1
8

Where two or more States enter into
an agreement to form a joint State
Pharmacy Council:
Registered pharmacist – 3 to 5 from
each state instead of 6 in the single
State Council.
Government Nominees – 2 to 4 from
each State instead of 5.
Medical Council Nominee – one from
each State.
Chief Administrative Medical Officer,
GovernmentAnalyst and Officer- in –
charge,Drug Control - Ex-officio
from each state.
19

.Each Council shall have a president
and vice-president, elected by the
members from amongst themselves
provided that for five years from the
first constitution of the council.
The president will be nominated by the
State Government and if he is not
already a member, he becomes a
member of the council in addition.
The State Council are, before the end
of June in each year,required to pay to
the PCI a sum of equivalent to one-
fourth of the fees.
20

B. FUNCTIONS OF THE STATE PHARMACY
COUNCILS:
Maintenance of registers-
The Register shall include the
following particulars namely-
 The full name and residential address
of the registered person.
 The date of his/her first admission to
the register.
 His/her qualifications for registration.
 His professional address,and if he is
employed by any person, the name of
such person.
21

ENTRY AND REMOVAL OFNAMES:
After an appointed date, all
applications for registration should be
addressed to the registrar of the State
Pharmacy Council.
The applicant has the requisite
qualifications for registration, he may
direct his or her name to be entered in
the register.
Person whose names have been
removed from the registers of other
State shall not be entitled to
registration unless the State Council
22

Upon entry of the name of person in the
.
register,the Registrar is required to
issueto him a certificate of registration
in the prescribed form.
On payment of the fees, the registrar is
required to issue a receipt thereof and
such receipts are deemed to be proofs
of renewal of registration.
23

REMOVAL OF NAME FROMTHE
REGISTER:
The name of a pharmacist may be
removed from the register on following
counts-
If his name has been entered in
register by error.
If he has been convicted of an offence in
any professional.
Any pharmacist ,who is held guilty and
whose name has been removed from
register,shall continue to remain a
registered pharmacist for the next three
months and only after the expiry of that
period he shall cease to be a registered
pharmacist. 24

 A person aggrieved by the order
directingt.
he removal of his name, may appeal
totheState Government within 80 days
whose decision shall be final.
 A person whose name has been
removed from the register, is required to
surrender his certificate of registration
to the registrar of the Pharmacy Council
concerned.
 If it feels that the offence was a minor
nature, it may warn the pharmacist and
stop the consideration of his case for a
specified period, during which the
pharmacist should prove himself to be
of good behavior. 25

.
 But in cases of serious professional
neglector criminal conviction, his name
maybe removed.
 Pharmacist can, however appeal to the
high court against the decision of
Statutory Committee.
26

Printing of
Registers-The Register of the State Pharmacy
Council were required to publish the
Registers on the first April
following the beginning of the
Pharmacy(Amendment) Act.
Later on, each year after the first of
April, they were to publish
supplements to the Registers showing
all additions or changing.
These Registers and supplements
are deemed to be proof that the
persons, whose name are
contained therein,are registered
27

 Inspection by State Council:
The State Pharmacy Council have
been empowered to appoint suitable
number of Inspectors having
prescribed qualifications to inspect
premises where drugs are dispensed
or compounded.
28

Offence
s
 1) Falsely claiming
to be a registered
pharmacist.
 2) Dispensed by
unregistered
person.
Exception-medical
practitioner.
 3) Failure to surrender
certificate of
registration.
 4) Obstructing
State Pharmacy
Council
Inspectors.
Penalties
1.a) Fine up to Rs.
500.00on
first conviction.
b)Fine up to Rs.1000.00
and/or 6 months
imprisonment of any
subsequent conviction.
2) 6 months
imprisonment or fine
up
to range 1000.00 or
Both.
3) Fine up to
Rs.50.00
4) 6 months
30

Pharmacy act 1948

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Pharmacy act 1948