Maharashtra Food and Drug Administration (FDA) has referred 212 cases of professional misconduct of pharmacists to the Maharashtra State Pharmacy Council (MSPC) for appropriate action. MSPC is a quasi-judicial body which can act against pharmacists by way of either issuing warning letters or cancelling their registrations.

While state FDA says that most of the cases referred for MSPC action this year relate to absence of pharmacists at the drug stores, MSPC on the other hand has the challenge of timely and judicious disposal of such cases notwithstanding the fact that such cases have a bearing on the patient safety and need to be severely dealt with.

According to an MSPC official, mere absence of a pharmacist during an FDA inspection does not amount to a professional misconduct. That is why, each case takes almost a year to get resolved by the state council which calls the aggrieved party for hearing and written submission at the full council meeting held twice a year.

As per sources whereas around 81 cases were referred between 2005 and 2010 by the state FDA. Latest records of period ranging from January 2013 to May 2014 reveal that over 200 cases have been referred by the state FDA for MSPC's action.  

MSPC can take actions against the pharmacists as per the Pharmacy Act under Section 36 wherein the Executive Committee of MSPC can give the judgment based on the inspection report filed by the state FDA official, oath of affidavit and explanation by the pharmacist.

As per FDA records, around 11 pharmacists have been booked recently 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).

The State FDA has come across rampant violation of D&C Act last year also as several chemist shops in the state despite their licenses being cancelled were found to be operating and dispensing drugs without a pharmacist.