Following Maharashtra State Pharmacy Council (MSPC)'s crackdown against unqualified persons dispensing medicines in hospital pharmacies in the state, the Ulhasnagar-based Esis Hospital has permanently appointed a pharmacist, complying with Section 42 of the Pharmacy Act.  

Non-compliance within the stipulated time can attract prosecution based on the cognizance taken by the Executive Committee of the state council. According to an MSPC official, actions for non-compliance detected through pharmacy inspections is to curb the practice of dispensing medicines through unregistered people in violation of the Pharmacy Act, 1948.

Compliance by the Ulhasnagar based hospital is the latest in the series of around 700 notices served earlier to healthcare institutions across Maharashtra till date with the aim of making them comply with the law in the interest of patient safety. According to sources, it has been observed that physicians delegate the job of dispensing and compounding medicines to unqualified people not registered with the state council.  

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.  

An MSPC official informed that the council's notices and inspections have started giving the desired results as doctors have started complying with the law over the past ten years. Till date, six doctors have faced convictions. Five out of six doctors have pleaded guilty and in one case, the offending doctor has been convicted by the Aurangabad bench of Bombay High Court for endangering patient safety in violation of Pharmacy Act, 1948.

MSPC officials maintained that the offending doctor in the case was convicted of being an abettor which implies hiring unqualified person as a pharmacist in his clinic. The offending Osmanabad based medical practitioner got acquitted by the Judicial Magistrate First Class (JMFC), Osmanabad but was later convicted by the Aurangabad bench of Bombay High Court based on a fresh appeal filed by MSPC against the JMFC verdict as per the provisions of the Pharmacy Act, 1948.