STATE PHARMACY COUNCIL: Constitution and Composition of State Pharmacy Council and Joint State Pharmacy Council.

• STATE PHARMACY COUNCIL

Pharmacy Act 1948 has a provision to constitute a state pharmacy council in each state. The main objective have state pharmacy councils in India is to control persons entering in pharmacy profession. For this purpose, state pharmacy councils provide registration numbers to persons who have PCI-approved degrees or diplomas in pharmacy.

State pharmacy councils can be divided into the following three groups

• 1. State pharmacy council to control person entry in the pharmacy profession in one state.

• 2. State pharmacy council control over persons entering in pharmacy profession in two or more states. All states are in agreement to constitute a joint state pharmacy council.

• 3. The state pharmacy council of one state also regulates the pharmacy profession in any other state.

Constitution and composition of State Pharmacy Council and Joint State Pharmacy Council

Both the state pharmacy council and joint state pharmacy council consist of elected, nominated, and ex-officio members.

StatePharmacy Council

• Elected Members

  • · Registered pharmacists of the state elect 6 registered pharmacists.

  • · Members of the medical council of the state elect one member amongst themselves.

• Nominated Members

  • · State government nominates five persons. Among them, at least three should have degrees or diplomas in pharmacy or pharmaceutical chemistry or registered pharmacist.

• Ex-Officio members

  • · The Chief Administrative medical officer (CMO) of the state

  • · The officer-in-charge of the Food and Drug Administration (FDA) in the state

  • · Government analyst in state-appointed under the Drug and Cosmetic Act, 1940. If the state has more than one government analyst then the government analyst nominated by the state government

Joint State Pharmacy Council

• Elected Members

  • · Registered pharmacists of each state elect three to five registered pharmacists among themselves

  • · The medical council of each state elects one member among themselves

• Nominated Members

  • · Each state government nominates two to four members. More than half of the nominated members must have a degree or diploma in pharmacy or registered pharmacist.

• Ex-Officio Members

  • · The Chief administrative medical officer (CMO) of each state

  • · The officer-in-charge of the Food and Drug Administration (FDA) of each state.

  • · One government analyst of each state

All participating states of the joint pharmacy council will decide that a particular state government will exercise the function of state government. Participating states shall also decide the financial expenditure of joint state pharmacy councils shared by state governments.

State pharmacy council of one state serving needs of other states or states

• Two or more states may agree that the state pharmacy council of one state will serve the needs of the pharmacy profession of another state or state. Membership of the state pharmacy council will be increased but not more than two members. These members will be nominated by state government or state governments. Among nominated members at least one should have a degree or diploma in pharmacy or pharmaceutical chemistry or member of the pharmacy profession.

• All participating states of the state pharmacy council will decide that a particular state government will exercise the function of state government whenever required. Participating states shall also decide the financial expenditure of the joint state pharmacy council shared by state governments.

Common Regulations for all types of state pharmacy councils

• Members of the state pharmacy council elect one president and one vice president among themselves. Pharmacy Act 1948 also provides a constitution of an executive committee consisting of a president, vice president, ex-officio, and five other members. The president shall be chairman of the executive committee. These five members are elected by members of the state pharmacy council. These five members should also have membership of the state pharmacy council Elected president, vice president of the council and elected members of the executive committee hold their office for 5 years or not beyond their tenure as members of the council. Any dispute regarding the election shall be referred to the state government. The decision of the state government shall be final. If the state pharmacy council is constituted first time then the president will be nominated by the state government. If the president is not a member of the state pharmacy council then he will be an additional member of the state pharmacy council.

• The state pharmacy council appoints one secretary. The secretary will also act as registrar and treasurer of the pharmacy council. Other staff, ministerial, clerical staff, and officers are also appointed to carry out the day-to-day functions of the council. The council fixes service conditions, service periods, working hours, remuneration to be paid to staff, etc appointed in the council.

• Elected and nominated members hold their office for five years. After five years they vacate their office. They can resign from membership of the pharmacy council before the completion of their tenure. They submit their resignation to the president, the state pharmacy council. Members have to attend each and every meeting of the state pharmacy council as members. Absent from three consecutive meetings may attract notice from the president of the state pharmacy council. If there is no satisfactory reason to be absent from meetings, the president can dismiss their membership from the council. They have to vacate their seats. Some members are elected by registered pharmacists or the medical council of the state. If their membership in their parent organization is ceased/canceled due to any reason, their membership in the state pharmacy council will also be canceled. One member is elected by members of the medical council of the state. If his membership in the medical council is canceled then automatically his membership in the state pharmacy council will also be canceled. Similarly, some members are nominated by the state government as registered pharmacists. If their registration is cancelled due to any reason then their membership in the pharmacy council will also be ceased.

• Vacated seats shall be filled by fresh nomination and fresh election as the case may be. Newly elected and nominated members hold their seats in the state pharmacy council for residual periods.

• After the completion of five years of the constitution of the pharmacy council, it will be dissolved. All members are eligible for re-election and re-nomination. state pharmacy council has the authority to frame rules and regulations to summon and hold meetings, to manage its property, to maintain its property, to maintain its account, to audit its account, and decide duties and power of the president, vice president, and executive committee, frame any other special committee for any general or special purposes for a duration not more than five years, include any person in this committee who is not a member of pharmacy council. Remuneration and allowances paid to these members are fixed by the state pharmacy council after prior sanction from the government. The State Pharmacy Council also lays down qualifications, terms of office, power, and duties of the secretary, inspectors, and other officers of the State Pharmacy Council after consulting the state government.

• state pharmacy council is deemed to be a corporate body. It has perpetual succession, a common seal, and the power to acquire and hold all movable and immovable properties. All will be handed over to the next state pharmacy council after dissolving the previous council upon completion of its five years of tenure.

• The State Pharmacy Council has to submit the following documents to the state government and Pharmacy Council of India annually: Minutes of all meetings of the State Pharmacy Council and executive committee, a summary of their annual activities, and financial account details. Financial accounts must be maintained as per guide line from the controller and auditor general of state. These financial accounts will be audited from time to time. The state government has the authority to publish its summary or report as required.

• State pharmacy council shall deposit one-fourth of fees collected from registered pharmacists to the Pharmacy Council of India during the last 12 months ending on 31 March. The fee shall be submitted before the end of June.

• Similar rules and regulations shall be followed by a joint state pharmacy council or state pharmacy council serving the needs of pharmacy professionals of other states or states.

Functions of State Pharmacy Council

1. Preparation and maintenance of subsequent register to register names of pharmacists

2. Removal of names of pharmacists from the register of pharmacists

3. Appoint inspectors to inspect premises licensed to dispense and compound drugs.

• Alok Bains