The Pharmacy Council of India (PCI) has requested the governments of Chattisgarh and Uttaranchal to avoid evoking the "first register" clause in the Pharmacy Act while notifying for the establishment of pharmacy councils in their states. The attempt is to avoid any possible attempts by the respective governments to allow non-qualified persons to practice pharmacy profession in the states. The PCI had, in the recent past challenged a similar move made by the state government of Jharkhand. The decision of the government to "go by the book" and uphold an "archaic clause" in the Act to allow entry of non-qualified persons into the profession was legally questioned and the matter is pending with Bihar High Court.
The section 31 of the Pharmacy Act (registration on experience basis in the first register) legally entitles any person from the new state with five years of experience in drug dispensation to register himself with the council. Though the provision of the Act is evidently outdated, the Centre is yet to amend it.
The first register is prepared when there is no registered pharmacist in the state. In case of Jharkhand, there are few thousands of registered pharmacists and more than a thousand already in the services of the Health & Family Welfare Department of government of Jharkhand who were in the service of government of Bihar. Interestingly the qualifications prescribed for entry in the first register under Sec 31 do not include "a registered pharmacist in another state" as entitlement for registration, which is specifically included in Sec 32 (1) and 32 (2). Due to this the registered pharmacists who are now part of a new state but already enrolled in the unified state (prior bifurcation) cannot get registration as Pharmacist, if the state government is going to set up a registration tribunal.
The pharmacy professionals who had been protesting against the "first register" clause had pointed out that Section 31 of the Pharmacy Act 1948 operates only once in any state. In case of Jharkand, which was previously in Bihar, the preparation of first register by the registration tribunal was done in early 1950s before the constitution of Bihar State Pharmacy Council. All the persons fulfilling the prescribed qualifications (of age and experience) from the entire state of Bihar and Jharkhand were registered and their names are borne on the register of pharmacists maintained by Bihar State Pharmacy Council to whom the first register was handed over by the registration tribunal as required under Sec 30 (6) of the Pharmacy Act. This actually makes the new effort redundant.
Speaking to pharmabiz.com Prof C K Kokate, president, PCI assured that the council is doing everything possible to drive their point before the court. "The request to other governments are also part of this move to dispel all doubts in this regard", he said.
Meanwhile, PCI would request the Centre to bring about an amendment in the Pharmacy Act 1948 deleting the provisions relating to "First Register" applicable to newly formed states.
The Law Committee of PCI has already initiated meetings to discuss this issue and a recommendation preferring the deletion of the clause is to be made before the government soon, it is learnt.