2. REGISTRATION OF PHARMACIST
1. First Register of Pharmacist: Immediately after
independence until SPC was constituted.
2. Subsequent Register: During the period of implementation
of Pharmacy Act and framing of Educational Registrations.
3. Regular Register: After Education Regulations came into
force.
3. 1.First Register of Pharmacist
• Immediately after independence, there was shortage of pharmacists to
run the hospitals and drug stores. Due to chaotic condition prevailing
then, the State Governments were asked to appoint Registration Tribunal
of 3 members of which one shall act as Secretary-cum Treasurer.
• In many States, this Registration Tribunal consisted of professional and
judiciary persons.
Registration Tribunal fixed last date for submitting application for
registration as pharmacists provided he/ she fulfilled following
qualifications.
1. Minimum age of 18 year on date of application and
( a) If he/she holds degree/diploma in pharmacy or pharmaceutical
chemistry or an approved Chemist and Druggist diploma issued by any
State Government or a prescribed qualification granted by an authority
outside India.
4. (b) A graduate in any discipline with a minimum of three years
experience in compounding and dispensing in a hospital or dispensing
at any other place where drugs are regularly dispensed on prescriptions
of medical practitioners.
(c) A person who has passed examination recognized as adequate by
the State Government for compounders or dispensers.
(d)A person with minimum of five years experience in compounding or
dispensing in a hospital or dispensary on prescriptions of medical
practitioners.
After receipt of applications, the Registration Tribunal scrutinized the
same and directed Secretary to enter the names of eligible candidates
in Register as pharmacists.
Any person aggrieved or not satisfied with the decision of Registration
Tribunal was given 60 days time to appeal to a Special Appelate
Authority, constituted for this purpose by the State Government and the
decision of Appelate Authority was final and binding. After the formation
State Pharmacy Council, the register was handed over to it.
5. 2. Subsequent Register
For the interim period until Education Regulations were enforced in
the State, the names of eligible candidates were included in the
register of pharmacists on fulfilling the following criteria.
1. Minimum age of 18 years
2. A person satisfying conditions prescribed with the prior approval
of the Central Councilor conditions entitling a person to have his
name entered the first register, provided he is a matriculate.
Or
A person with matriculate qualification who is a registered
pharmacist in another State.
6. 3. Regular Register
• After implementation of Education Regulations framed by the
Pharmacy Council of India, only a diploma in pharmacy holder
of an institution approved by PCI who has undergone practical
training of500 hours after completion of D. Pharm. course is only
eligible for registration as pharmacist.
• According to the amendment to Act in 1959, the First Register was
once again opened for consideration of following categories of
people for the purpose of registration as pharmacists
• There were two major amendments to the Pharmacy Act,
1948 for the purpose of registration of pharmacists in 1959
and 1976.
7. The persons who were displaced as a result of partition of country
from erstwhile territory of India which is part of Pakistan and who
were carrying on the business or profession of pharmacy as their
principal means of livelihood on or before 4th March, 1948, and
satisfy the conditions for inclusion in the First Register of Pharmacists.
The citizens of India who have been carrying on the business or
profession of pharmacy in any country outside India, provided they
are qualified for registration in First Register.
The persons who resided in an area which has become a territory of
India and they satisfy the conditions for registration in First Register.
The persons belonging to an area which has become part of other
State as a result of State Reorganization on 1st November, 1956.
Even though, the First Registration in such a State was closed, the
persons in this category were enrolled as pharmacists in First Register
provided they have fulfilled the criteria laid down for enrollment in
the First Register.
8. A person who has not responded to the call of registration in First
Register even though he/she was qualified to be registered, due
to ignorance or any other reason was once again given one time
opportunity for registration.
The amendment to The Pharmacy Act in 1976 had
considered following categories of people for
registration as pharmacists:
The displaced persons as a result of Bangladesh war or from Sri Lanka,
Burma and Uganda or any other country between 14th April, 1957 and
25th March, 1971 provided they were carrying on business or profession
of pharmacy as their principal means of livelihood for a period of not
less than five years. This clause was also applicable to the persons
affected by Goa Liberation Movement who were practicing pharmacy
as per requirement in First Register.
9. The Persons identified in the provision for the Drugs and Cosmetic Act, 1940
as qualified persons until 31st December, 1969 who were professing
pharmacy were also considered for registration as pharmacists.
• These amendments were necessitated on humanitarian grounds and
to attend to genuine difficulties in preparing the First Register.
However, as on today the registration of pharmacists is strictly for
diploma or degree in pharmacy holders from an institution approved
by PCI.
10. The State Pharmacy Council maintains up-to-date Register of
pharmacists after collection of requisite fees including following
information.
I. Full Name of pharmacist and his/her residential address
II. The date of his/her first admission to the Register
III. Qualification , year of passing of qualifying examination
IV. Professional address
V. Date of birth and any other particulars as prescribed.
11. The Registrar appointed by SPC makes necessary entries in the Register and
issues the receipt for registration which is a documentary evidence for
registration.
A certificate of registration is also issued by State Pharmacy Council on
payment of fees.
Anyone who is aggrieved by the decision of Registrar for non-inclusion of
his/her name in Register may appeal to SPC within three months and the
decision of SPC regarding registration shall be final.
The Registrar, on payment of fees, may issue duplicate certificate only on
confirmation that the original is lost or destroyed.
12. REMOVAL OF NAME FROM REGISTER
Subject to provisions of Section 36 of the Act, the Executive Committee may
order for removal of name of a person from Register, after giving reasonable
opportunity to person concerned, on following grounds:
o A person whose name has been entered in the Register by error or an
account of misrepresentation or suppression of fact
o A person who gives false information about himself/herself
o A person who submits false certificate or false document in support of
his/her registration
o A person who is convicted of an offence in connection with his/ her
profession
o A person who was indirectly involved in commitment of professional
offence and if it is proved that the offence was instigated or connived at
by the registered pharmacist.
13. A person aggrieved by order of State Pharmacy Council for
removal of name from Register may appeal to the State
Government within one month and the order of the State
Government upon such appeal shall be final.
A person whose name has been removed from the Register shall
surrender forthwith his/her certificate of registration to the Registrar
of SPC and the name so removed shall be published in the Official
Gazette.
14. OFFENCES AND PENALTIES
Dispensing by Unregistered Person:
Under Section 42 of the Act, no person other than a registered
pharmacist shall compound, prepare, mix, or dispense any medicine
on the prescription of a medical practitioner. Whoever contravenes
this provision is punishable with imprisonment of six months or fine of Rs.
1000.00 or both. This shall not apply to the dispensing by a practitioner
for his own patients
The penalty for falsely claiming to be registered pharmacist is Rs.
500.00 for first conviction and imprisonment extending to six months
or fine of Rs. 1000.00 or both for subsequent conviction.