Maharashtra Food and Drug Administration (FDA) has written a letter to the Maharashtra State Pharmacy Council (MSPC) to cancel registrations of 10 offending pharmacists against whom FIRs were lodged for pursuing dual employment and putting patient safety at risk. MSPC Executive Committee has quasi judicial powers to take action against the offending pharmacists ranging from issuing warning letters to cancellation of registration as per section 36 of the Pharmacy Act, 1948.
The state FDA had filed FIRs against 10 pharmacists in different cases of cheating and impersonation under different sections of CrPC of IPC across Maharashtra over the past couple of months in order to dissuade pharmacists from renting their licenses to illegally run drug stores and taking up employment elsewhere.
Three pharmacists from Mumbai, two from Nanded, one from Pinjar, two from Thane and two from Nashik have been booked under section 416 for impersonation, 420 for cheating and 199 for violating the affidavit of oath (false statement made in any declaration which is by law receivable as evidence).
Says Sanjay Kale, joint vigilance commissioner, FDA, "Registrations of the pharmacists should be canceled as they are violating the law of the land under relevant sections of IPC, Pharmacy Act and Drugs and Cosmetics Act and putting patient's safety at risk."
The State FDA has come across rampant violation of Drugs and Cosmetics (D&C) Act as several chemist shops in the state despite their licenses being canceled were found to be operating and dispensing drugs without any qualified pharmacist. Around 2500 cancellations and 1400 suspensions have been made across Maharashtra over a period of seven months due to absence of pharmacists at drug counters.
"We found that suspensions and cancellations have failed to make any impact as the drug store owners after getting penalised, succeed in getting a stay on the matter from the appellate authority and continue with their illegal business," informs Kale.
There is a rising trend of qualified pharmacists offering their licenses to chemist shops and taking up dual employment either as a medical representative in a pharma company or as a faculty in an educational institution. Inspections done by the state FDA across Maharashtra over a period of seven months reported absence of pharmacists in 95 per cent of shops and in five per cent cases due to other reasons.