Registration of Pharmacists, First Register, Subsequent Register, Register of Pharmacist, Removal of Name of Pharmacist from the Register.

Registration of pharmacists

State pharmacy council is constituted under the Pharmacy Act 1948 to control persons entering the pharmacy profession. State pharmacy council registers the name of the pharmacist to control persons entering the pharmacy profession and to maintain quality and standards of the pharmacy profession. Registration also develops a sense of responsibility and duty among practicing pharmacists.

The Pharmacy Act 1948 has provisions to prepare two types of register of pharmacists. These are

• 1. First Register

• 2. Subsequent Register

Registration of Pharmacists

First Register

• The first register is prepared by the state government to register the names of pharmacists before the constitution of the State Pharmacy Council in the state. The state government constitutes a registration tribunal consisting of three members. The state government also appoints a secretary and registrar of the registration tribunal. The registration tribunal develops the registration form, fixes some registration fees, and decides the last date to submit a registration form with prescribed fees and required documents. Registration tribunal invites applications from eligible candidates in the leading newspaper of the state. The registration tribunal shall check all registration forms received before the last date to submit the registration form. The names of applicants fulfilling all requirements to be registered shall be entered in the register of pharmacists. This register is called the first register.

• The first register is published as per guidelines from the state government. Disqualified applicants can appeal to the authority appointed by the state government against the decision of the registration tribunal within 60 days from the date of publication of the first register. The decision of authority appointed by the state government shall be final. Authority may direct to enter the name of the disqualified person in the first register depending upon the merit of the complaint. The registrar of the tribunal shall amend the first register as per the direction of the authority appointed by the state government. After the constitution of the state pharmacy council, the first register is handed over to the state pharmacy council. All fees collected from applicants for registration shall be transferred to the state pharmacy council account.

• The minimum age to be registered as a pharmacist in the first register is 18 years

Qualification for registration in First Register

• 1. Degree or diploma in

  • a. Pharmacy or

  • b. Pharmaceutical Chemistry or

  • c. Chemist and Druggist diploma from an Indian university or

  • d. Posses any other qualification granted by an authority outside India and

  • e. Recognised as adequate to be registered in the first register or

• 2. Degree from an Indian university with not less than 3 years experience in compounding and dispensing of drugs in a hospital or dispensaries on the prescription of a registered medical practitioner or

• 3. Compounders and dispensers certificate recognized by a state government or

• 4. Have five years of experience in compounding and dispensing drugs on the prescription of a registered medical practitioner in a hospital or dispensary. This experience should be before the advertisement for registration in the first register by the registration tribunal.

Subsequent Register (Register of Pharmacist)

• A subsequent register is prepared by the State Pharmacy Council to maintain the first register prepared by the State Government for the registration of pharmacists.

• The minimum age for registration in the subsequent registration is 18 years. There are two sets of qualifications for registration in the subsequent register. That is qualification before implementation of education regulation in the state and qualification after implementation of education regulation in the state.

A. Qualification before implementation of education regulation in the state

• Candidate should have any one of the following qualifications for registration in the subsequent register.

• 1. Degree or diploma in

  • a. Pharmacy or

  • b. Pharmaceutical Chemistry or

  • c. Chemist and Druggist diploma from an Indian university or

  • d. Posses any other qualification granted by an authority outside India and Recognised as adequate to be registered in the first register or

• 2. Degree from an Indian university with not less than 3 years experience in compounding and dispensing of drugs in a hospital or dispensaries on the prescription of a registered medical practitioner or

• 3. Compounders and dispensers certificate recognized by state government or

• 4. Have five years of experience in compounding and dispensing drugs on the prescription of a registered medical practitioner in a hospital or dispensary. This experience should be before advertisement for registration in the first register by the registration tribunal or

• 5. Registered pharmacist in any other state or

• 6. Possess qualification for registration and at least matriculate.

B. Qualification after Implementation of Education Regulation in State

Candidate should have the following qualifications for registration in the subsequent register after implementation of education regulation in the state

• 1. Degree or diploma in pharmacy granted by an institution approved by the Pharmacy Council of India.     or

• 2. Qualification granted by an authority outside India and recognized by the Pharmacy Council of India              or

• 3. Registered pharmacist in any other state

Application for registration is processed by the registrar of the State Pharmacy Council. If the applicant fulfills all requirements of registration, the registrar directs to enter the name of the applicant in the subsequent register. If a Person’s application for registration is rejected by the registrar then he can appeal to the State Pharmacy Council against the decision of the registrar within 3 months from the date of rejection of the application. The decision of the State Pharmacy Council shall be final. If a person’s name has been removed from the subsequent register or in any other state’s subsequent register then his or her name can be restored only after direction from the State Pharmacy Council. In this condition, registrar cannot restore his or her name in the register without permission from the State Pharmacy Council.

The registrar issues the registration certificate in the prescribed format after entering the candidate's name in the subsequent register. The State Pharmacy Council fixed some annual renewal fees to retain the name of the registered pharmacist in the subsequent register (Register of Pharmacists). The name of the registered pharmacist shall be retained in the register only after receipt of the annual registration fee. Registration remains valid up to 31st December of calendar year. The registrar shall issue a receipt for annual renewal fees received from a registered pharmacist. This receipt shall be considered as proof of renewal of registration. The registrar shall remove the name of the registered pharmacist from the register upon nonpayment of annual registration fees. However name shall be restored to register after payment of prescribed annual fees and fulfilling all requirements framed by the State Pharmacy Council.

However, some state pharmacy councils allow depositing lump sum amounts for some specified year. Here registration remains valid up to that period.

• Registered pharmacists may acquire higher qualifications after getting registration in the state pharmacy council. Registered pharmacists shall apply in prescribed pro forma to the registrar to enter higher qualifications in their registration certificate along with the prescribed fee and all essential documents as proof. The State Pharmacy Council fixes some fees to enter higher qualifications in the registration certificate. The Registrar shall direct to enter higher qualification in the registration certificate after ascertaining that the applicant has submitted the prescribed fee and supporting documents. Higher qualifications shall also be entered to register as a pharmacist against his name.

• Pharmacy Amendment Act 1959 states that the registrar of the state Pharmacy Council will print the register of pharmacists and publish it on the 1st of April of each year. All registers of pharmacists shall be updated at least three months before the ordinary election of the state pharmacy council and should be in printed form. Any person can collect these registers of pharmacists from the state pharmacy council after payment of prescribed fees. These registers are proof that the names of pharmacists available in the register are registered pharmacists in the state.

Removal of Name from Register of Pharmacist

Under the following conditions, names of pharmacists could be removed from the register

• 1. Name entered in the register of pharmacists due to any error, mistake, misrepresentation, or suppression of facts      Or

• 2. He was convicted of any professional offense and the executive committee of the state pharmacy council has the opinion that his name should be removed from the register of pharmacists                   Or

• 3. Employee working under a registered pharmacist convicted of any professional offense or held guilty for the professional offense. In this condition executive committee of the state pharmacy council removes the name of a registered pharmacist from the register of pharmacy. But action against the pharmacist shall be taken if it is proved that:

  • a. Objectionable conduct was instigated or secretly allowed by the registered pharmacist himself             Or

  • b. The registered pharmacist has been held guilty of a similar offense or conduct during the period of the previous 12 months duration from the date of offense committed by an employee of a registered pharmacist             Or

  • c. Any other employee working under a pharmacist held guilty of a similar offense during the period of the previous 12 months duration from the date of the offense committed by an employee working under a registered pharmacist        Or

  • d. Employee of pharmacist committed same offense continuously for longer duration and pharmacist knows the continuing offense.        Or

  • e. Act of employee is an offence under the Drug and Cosmetic Act 1940. The pharmacist does not use intelligence to stop this offense.

The pharmacist's name shall be removed by order of the executive committee of the State Pharmacy Council. The executive committee shall investigate all matters and provide an opportunity for registered pharmacists to explain their conduct. If the pharmacist is found guilty of an offense then the executive committee shall issue an order to remove the pharmacist's name from the register. The order of the executive committee to remove the name of the pharmacist should be confirmed by the State Pharmacy Council. The name of a pharmacist may be removed permanently or for the specified period. Pharmacists shall be allowed to practice pharmacy as registered pharmacists for the next 3 months from the date of order of the executive committee to remove the pharmacist's name. After the expiry of three months, pharmacist registration shall be ceased and the name shall be removed from the register. A three-month grace period is allowed for pharmacists so that he or she can choose another means of livelihood. He or she has to surrender the registration certificate in the office of the registrar of the State Pharmacy Council after the removal of his or her name from the register of pharmacist. State pharmacy council has the power to restore his or her name to the register of pharmacists

• Pharmacists can appeal to the state government against the decision of the executive committee within 80 days from the date of the executive committee order to remove his or her name. If a person appeals to the state government then his or her name can be restored to the register of pharmacists only by order of the state government. In this condition, the state pharmacy council does not have the authority to restore his or her name on its own.

OFFENCES AND PENALTIES UNDER THE PHARMACY ACT

False claim to be a registered Pharmacist

Use of the following words suggests that person is a registered pharmacist: “Pharmacist” “Chemist” “Druggist” “Pharmaceutist” “Dispenser” “Dispensing Chemist” or combinations of these words with any other words. False claim to be a registered pharmacist or using words or letters showing that his name has been entered in the register of pharmacists is an offense under the Pharmacy Act. He shall be liable to a fine of Rs 500/- on first conviction. Fine will be increased to Rs 1000/- and/or imprisonment up to 6 months on subsequent conviction. A person registered pharmacist in one state can use the word registered pharmacist in another state is not an offense.

Dispensing by an unregistered person

Only registered pharmacists can compound or dispense drugs on the prescription of registered medical practitioners. A medical practitioner can dispense medicine for their patient. Dispensing or compounding of medicines by a person other than a registered pharmacist shall be liable to a fine up to Rs 1000/- or imprisonment up to 6 months or both.

Failure to surrender the certificate of registration

A person has to surrender a registration certificate after the removal of his or her name from the register of pharmacists. Failure to surrender the registration certificate shall be liable to a fine of up to Rs 50/-.

Obstruction in the functioning of state pharmacy council inspectors to perform their duty

Wilful obstruction to stop to perform duty by state pharmacy council inspectors is an offense under the Pharmacy Act. Person obstructing shall be liable to a fine up to Rs 1000/- or imprisonment up to 6 months or both.