Highlighting discrepancies in the norms for electing president, vice-president and appointing registrar for state pharmacy councils (SPCs), pharmacy academicians and professional experts have submitted a petition to the Pharmacy Council of India (PCI) demanding repeal or amendment of Section 5 (1) and Section 23 (1) of the Pharmacy Act 1948 to reserve the posts only for registered pharmacists.
 
Amendment is required to plug all loopholes for any non-pharmacist to hold the posts of president, vice-president and the registrar. Amendment should specify the qualifications required for the office-bearers and for the registrar of the national council as well as of the state councils.

Presently, in certain states, the state pharmacy councils are headed by people from non-pharmacist communities. For example, said Dr Roop Narayan Gupta, academic expert from Jharkhand, in West Bengal both the posts of president and registrar are held by non-pharmacists. The president of the WB SPC is a medical doctor and the registrar is a graduate in commerce (B Com). Similarly, certain state councils, with the support of respective governments, are planning to follow the West Bengal policy. All these happen because of some sections in the Act which needs to be amended or revoked.

The petition of the experts wants the PCI to take steps for amending the Act in consultation with the union government. In the case of Medical Council of India (MCI) and Dental Council of India (DCI), only medical and dental professionals become president and vice-presidents. In the same way, all state pharmacy councils should elect president and vice-president, and appoint registrar from pharmacist community.

As per the existing rules, the state councils consist of 6 elected members from the registered pharmacist community, 5 members are nominated by government, 3 ex-officio members and one representative from the medical council. The chief government analyst, director of health services and the state drugs controller are the ex-officio members. The Act says that among the five nominated members, maximum three persons should be registered pharmacists. So, there is chance only for two members to be selected from areas other than pharmacist community, and either by influence with the government or due to the interest of the government these persons become the president of the state councils. Normally, the post of registrar is always held by a registered pharmacist. But it is not so in West Bengal.

“Special clauses need to be inserted in the Pharmacy Act to mandate it with specific qualifications required for top three positions. Competent persons to these posts can be elected among the 15 members (elected plus nominated), but they should have registration with the same council as pharmacists. Electing a non-pharmacist to the post of president and appointing such a person as registrar is an anomaly. This happens only because of political influence. PCI should try to bring a rule to put an end to this  kind of anomaly”, he said.

Rajan B Rajan, former president of the Kerala state pharmacy council, said the Pharmacy Act 1948 was enacted by government of India with an objective to regulate the profession and practice of pharmacy to safeguard the health of the people. In this Act qualification has been prescribed for pharmacists who will handle the drugs and practice as pharmacists. But no qualification has been specified for the president and for the registrar of the pharmacy council. According to him, there are several other clauses which need amendment for safe pharmacy practice.