Kerala State Pharmacy Council (KSPC) has convicted two persons in the state for non-compliance to Section 42 of the Pharmacy Act. Action comes in the wake of KSPC's drive to track unqualified persons dispensing medicines in government and private healthcare premises. These two persons have been booked for violation of the Act and have been imposed a fine of Rs. 1000 each based on inspections done by pharmacy inspectors. Kerala as of today has five pharmacy inspectors and nine more would be appointed by the year end.
Non-compliance in such cases within the stipulated time can further lead to prosecution based on the cognizance taken by the executive committee of the state council. The state pharmacy council is a quasi-judicial body which can act against pharmacists by way either issuing warning letters or canceling their registrations for the life time. State Pharmacy Councils are constituted by the state governments under section 19 of the Pharmacy Act to ensure the implementation of Section 42 and Chapter III, IV and V of the Pharmacy Act, 1948.
According to a KSPC official, the people convicted are non-pharmacists and were found dispensing medicines without any registration with the state council and without requisite qualification. The convictions will set as a deterrent to curb the practice of dispensing medicines through unregistered and unqualified people.
According to an expert, exemption under section 42 of the Act is most often misunderstood by physicians also and they in turn delegate the job of dispensing and compounding medicines to unqualified people not registered with the state council. The doctor hiring unqualified person in such cases is being considered as an abettor and is liable to be punished and penalised as per the provisions of the pharmacy act. A total of eight such cases of non-compliance to pharmacy act are pending in different courts out of which six are with the Kerala High Court and two with Judicial Magistrate First Class (JMFC).
As per Section 42 of the Pharmacy Act, 1948 no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner. Provided that this sub-section shall not apply to the dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State government, for the patients of another medical practitioner. Violation of the provisions of the section shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both.