To abolish the practice of 'dispensing of drugs by unregistered persons', the Tamil Nadu Pharmacy Council once again will approach the state government for its approval to appoint pharmacy inspectors in the state. The council is planning to depute principals of pharmacy colleges as pharmacy inspectors if the government gives approval for the appointment, sources said.
The Pharmacy Council of India (PCI) has repeatedly been asking the state Pharmacy Councils to take necessary steps for the appointment of pharmacy inspectors under section 26-A of the Pharmacy Act. This is the second time the council issues such an order to its state bodies. However, the PCI's instruction comes when the governments of some states and Union territories, who are empowered to implement the Act, are keeping their eyes closed on the PCI's proposal followed by an order from the Union Government. PCI has also approached the Union Health Ministry to take up the matter with the state governments to release required funds for the appointments of Pharmacy Inspectors.
Sources from the Tamil Nadu Pharmacy Council said they are seriously thinking of again taking up the issue with the state government which earlier refused to give a go ahead signal for the appointment of pharmacy inspectors citing reasons that such appointments might result in proliferation of inspecting officials for the same purpose. The state pharmacy council had submitted a proposal to the government in this regard two years ago.
Under section 26-A of the Pharmacy Act of 1948, any state pharmacy council, with the previous sanction of the respective state government can appoint pharmacy inspectors, having the prescribed qualifications. As per the law, an inspector can inspect any premises where drugs are compounded or dispensed, and submit a written report to the registrar. He is also authorized to enquire whether a person who is engaged in compounding or dispensing of drugs is a registered pharmacist. He can also initiate prosecution under the order of the executive committee of the State Council.
According to informed sources, the Government of India had earlier instructed all state governments to take up the matter with the state PCIs. But, except Karnataka, which was the first State in the country to appoint pharmacy inspectors, and Maharashtra and Kerala, no other state has showed that much interest to implement the law attributing the reason for their indifference due to the services of the drug inspectors. In Kerala, seven pharmacists from government services have been deputed on part time basis to look after the duties.
Sources close to PCI said, the drug inspectors are appointed under Drugs and Cosmetics Act and they cannot act under Pharmacy Act, whereas the pharmacy inspectors can act under section 42 of the Pharmacy Act to verify whether the drug is dispensed by a registered pharmacist. That is why, the Union Government is insisting the state governments to appoint pharmacy inspectors.
Section 42 of the Pharmacy Act says, '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 upto six months or with fine up to one thousand rupees or both.