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SPO urges govt to increase penalty for dispensing medicines by non-pharmacists in New Drugs Bill 2022
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Peethaambaran Kunnathoor, Chennai
August 23 , 2022
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The Senior Pharmacists' Organisation (SPO) in Kerala, an association of pharmacists retired from services under Central and state governments, has wanted the central government to increase the penalty for dispensing medicines by non-pharmacist people in the New Draft Bill 2022 for drug regulations.
The penalty described in Pharmacy Act 1948 is not sufficient for penal action against contravention of provisions of Section 42 as no non-pharmacist should be prepared to dispense the drugs in the country once the new draft bill becomes an act.
The association has raised their demand in the suggestions submitted to the union health ministry on the draft for the New Drugs, Medical Devices and Cosmetics Bill 2022.
Obviously mentioning about the present status of the Section 42 and provisions of the drugs and cosmetics act, and the pharmacy practice regulations 2015, SPO argues that despite penalties are specified in the acts and the rules violations are taken place everywhere and at every time. No enforcement agency in the country is ready to take action against this violation which is continuing incessantly. SPO suggests that stringent penalties can only prevent this infringement.
Currently, as per the existing rules, the violators shall be punishable with imprisonment for a term which may extend to six months or with a fine not exceeding one thousand rupees, or with both.
SPO wants that this amount of one thousand should be increased to five thousand. Along with, an imprisonment of six months should also be awarded. The new act should specify this with utmost importance and mandate stern action against violations in order to ensure dispensing by registered pharmacists only.
Another important suggestion the senior pharmacists have put up that the word "dispensing" should be mentioned in the new act. MK Premanandan, secretary of the SPO, while talking to Pharmabiz pointed out that the draft bill does not say the word, dispensing. He said a drug rule cannot be perfect without the word, dispensing.
Thirdly, SPO suggests that under the column "Definitions" the terms such as 'pharmacy', 'dispensing', 'registered pharmacist' and 'patient counseling ' should be defined. In the same way a special clause should be inserted to narrate 'directions for use of medicines '. To increase the efficiency of pharmacy profession, the retired pharmacts suggest that the licences issued for the wholesale/distribution premises should also be given on the names of registered pharmacists, and in the same way legislation should be brought for medical devices and cosmetic products.
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