Tuesday, July 28, 2020

Pharmacy Act 1948-question and answers


PHARMACY ACT QUESTION AND ANSWERS
1. Give the Objective of Pharmacy Act,1948
 The main objective of Pharmacy Act is to regulate the profession and practice of pharmacy and to raise the status of profession of pharmacy in India
2. Define registered pharmacist as per Pharmacy Act, 1948 
Registered Pharmacist:  means a person whose name for the time being is entered in the register of the pharmacists of the state in which he is for the time being residing or carrying on his profession or business of pharmacy.
3. Define education regulations. What it prescribes? 
Subject to the provision of section 10 of Pharmacy Act, 1948, Central Council after approval of Central Government may make regulations prescribing the minimum standard of education required for qualification as a pharmacist is called Education Regulations Education Regulations may prescribe – i) Minimum qualification for admission to the course.  ii) Nature & period of course of study.  iii) Nature and period of practical training to be undertaken after the completion of regular course. (Not less than 500 hrs. covered in a minimum of 3 months in an Institution, Hospital, Pharmacy or Dispensary recognized by Central Govt.)  iv) The subjects of examination and the standards to be attained therein.  v) The equipment and facilities to be provided by the institutions for the students undergoing approved course of study.   vi) Conditions to be fulfilled by institutions giving practical training. vii) Conditions to be fulfilled by authorities holding approved examinations.
 Central Council before submitting the ER or any amendment thereof, as the case may be to the Central Government for approval, sends copies of draft of ER to all State Governments. Then ER is published in official Gazette by Central Government
4. What are the functions of PCI as per the Pharmacy Act,1948 (any 3)
 1) To prescribe the minimum standards of education required for qualification as a pharmacist (This can be provided by making the rules as education regulations, which prescribes minimum qualification for admission, duration of the course, details of the syllabus, practical training and examination, minimum facilities required for conduct of course, examination & practical training).
2) To regulate the minimum educational standard. (For this purpose, Council appoints Inspectors to inspect institutions, providing the minimum standards in education in pharmacy and report on the facilities available and decides whether the institute should be recognized or not. 
3) To recognise qualifications granted outside territories to which Pharmacy Act 1948 extends for the purpose of qualifying for registration under the said Act. 
4) To compile and maintain a central register for pharmacist containing names of all persons for the time being entered in the state register. 
5) The Council has to furnish copies of its minutes and those of executive committee, together with the summary of annual activities and accounts to the central Government.  6) Any other function that may be assigned to the Central Council in the furtherance of the objectives of the Pharmacy Act, 1948.
5. Under what conditions the name of pharmacist is removed from the register as per Pharmacy Act, 1948?
 The executive committee after giving opportunity to a person to explain his conduct and on sufficient inquiry if satisfied, orders to remove the name of registered pharmacist on following conditions :-
 (i) If his name has been entered in the register due to error, misrepresentation or suppression of material fact. or
(ii) If he is convicted of an offence in any professional respect, which in the opinion of Executive Committee considered him unfit as a Registered Pharmacist.  or
(iii) If person employed to work under him in connection with any business of pharmacy has been convicted of an offence or held guilty of an infamous conduct, if such person is registered pharmacist, he is liable to remove his name from register. Provided that no such order shall be made under clause
 (iii) unless the Executive Committee is satisfied- (a) that the offence or infamous conduct was instigated or connived at by the registered pharmacist, or (b) that the registered pharmacist has at any time during the period of twelve months immediately preceding the date on which the offence or infamous conduct took place committed a similar offence or been guilty of similar infamous conduct, (c) that where the offence or infamous conduct continued over a period , the registered pharmacist had, or reasonably ought to have had, knowledge of the continuing offence or infamous conduct The removal of names from the register may either be permanent or only for a specified period of time. A person, whose name has been removed from the register is required to surrender his certificate of registration to registrar of the State Pharmacy Council and shall be published in official gazette.
6. What are various offences and penalties under Pharmacy Act, 1948?
 1) Falsely claiming to be Registered Pharmacist: Any person whose name is not entered in the register falsely claims to be a registered pharmacist or uses in connection with his name any words or letters to suggest that his name is so entered in the register is punishable with fine up to five hundred rupees on first conviction, and with imprisonment upto six months or with fine up to thousand rupees or both on any subsequent conviction.  The use of description such as ‘Pharmacist’, ‘Chemist’, ‘Druggist’, ‘Pharmaceutist’, ‘Dispenser, ‘Dispensing Chemist’ or any combination of such words by a person indicates that his name is entered in the register of a state. 

2) Dispensing by unregistered persons: The persons other than registered pharmacist dispensing any medicine for patients is liable for punishment with imprisonment upto six months or with fine upto one thousand rupees or with both. 

3) Failure to surrender certificate of registration: Is also punishable with fine up to fifty rupees. 

4) Obstructing State Pharmacy Council Inspectors:  Penalties :- Shall be deemed guilty of an offence & may be punished with imprisonment upto six month or fine upto 1000 Rs or both


7. Enlist qualifications for entry on the first register under Pharmacy Act, 1948.
Qualifications for entry on first register.- Any person who is eighteen years old entitled to have his name in first register on payment of the prescribed fee, if he resides or carries on the business or profession of pharmacy in the state and should have the following qualification:-
  i)A degree or diploma in pharmacy or pharmaceutical chemistry or a chemist and druggist diploma of an Indian University, or State Government or a prescribed qualification granted by an authority outside India, or
 ii) A degree other than a degree in pharmacy or pharmaceutical chemistry and has been engaged in the compounding of drugs in a hospital or dispensary or other place in which drugs are regularly dispensed on prescriptions of medical practitioners for total period of not less than 3 years or
 iii)Has passed an examination recognized as adequate by State Government  for compounders and dispensers, or
 iv) Has not less than 5 years experience of compounding & dispensing in a hospital or dispensary or other place in which drugs are regularly dispensed on the prescription of RMP
SUMMER 2019
8.Give Ex-officio members of Joint state Pharmacy Council.
The following are ex-officio members:  1) Chief administrative medical officer of each participating state.  2) Officer in-charge of the Drug Control Organization of each participating state.  3) Government Analyst appointed under D&C Act, 1940 of each participating state
9. Discuss any two functions of P. C. I.
 Functions of PCI:- 1) To prescribe the minimum standard of education required for qualification as a Pharmacist (This can be provided by making rules as Education Regulation which prescribes minimum qualification for admission, duration of course, details of syllabus, practical training, & examination, minimum facilities required for the conduct of course, examination & practical training) 2) To regulate minimum educational standard. (for this purpose, Council appoints Inspectors to inspect the institutions providing the minimum standards in education in pharmacy & report on the facilities available & decides whether the institution should be recognized or not
 3) To recognize qualification granted outside the territories to which Pharmacy Act,1948 extends for the purpose of qualifying for registration under the said Act 4) To compile & maintain a Central Register for Pharmacist containing names of all persons for the time being entered in the state register. 5) Any other functions that may be assigned to the Central Council in the furtherance of the objective of the Pharmacy Act,1948 
10. How Diploma in Pharmacy Institute in India are approved by central council.
Application by institution/ authority to the Pharmacy Council of India (PCI): An institution which conducts course of study or hold an examination for the pharmacist, has to apply to the PCI   for approval of the course or examination.
 Inspection:   i)PCI after receiving such application appoints the inspectors to visit the institution &  confirm that whether the institution has the prescribed facilities as per the E R or not.  ii) Inspectors may also attend any examination, to judge its standards without interfering  with its conduct.  iii)The inspector then report to the PCI on the facilities available in the institution & on  the conduct & standard of the examinations held.
Approval:  i)On the reports of the inspectors if the PCI  is satisfied that the course or examination under consideration is in conformity with ER, it may grant approval to it &  ii)The said course of examination shall be considered as approved for qualifying for registration as pharmacist under the act.
Declaration:  Declaration of approval made by resolution is passed at a meeting of the PCI &  published in the Official Gazette
11. Define “Registered Pharmacist” and “Displaced person” under Pharmacy Act, 1948.
 Registered pharmacist: means a person whose name for the time being is entered in the register of the pharmacists of the state in which he is for the time being residing or carrying on his profession or business of pharmacy.
Displaced person:- Displaced person mean  i) A person who on account of setting up of dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in area now forming part of Pakistan has on or after 1st day of March 1947, left or been displaced from his place of residence in such area and who has since then been residing in India. ii) Any person who on account of civil disturbances or the fear of such disturbances in area now forming part of Bangladesh, has after 14th day of April, 1957 but before 25th day March 1971, left or has been displaced from his place of residence in such area and who has since then been residing in India
12. What are Education Regulations? Mention various particular under it. 
Subject to the provision of section 10 of Pharmacy Act, 1948, Central Council after approval of Central Government may make regulations prescribing the minimum standard of education required for qualification as a pharmacist is called Education Regulations Education Regulations may prescribe –
 i) Minimum qualification for admission to the course.  ii) Nature & period of course of study.  iii) Nature and period of practical training to be undertaken after the completion of regular course. (Not less than 500 hrs. covered in a minimum of 3 months in an Institution, Hospital, Pharmacy or Dispensary recognized by Central Govt.)  iv) The subjects of examination and the standards to be attained therein.  v) The equipment and facilities to be provided by the institutions for the students undergoing approved course of study.   vi) Conditions to be fulfilled by institutions giving practical training. vii) Conditions to be fulfilled by authorities holding approved examinations. Central Council before submitting the ER or any amendment thereof, as the case may be to the Central Government for approval, sends copies of draft of ER to all State Governments. Then ER is published in official Gazette by Central Government
13. Give constitution of state pharmacy council.
 1)Elected members: a) Six members, elected amongst themselves by Registered pharmacists of state.   b) One member elected by the members of Medical Council of the State amongst themselves.  2)Nominated members: a) Five members nominated by the State Government of whom at least three shall be persons possessing a prescribed degree or diploma in pharmacy or pharmaceutical chemistry or be a registered pharmacists.  3)Ex-officio members:  a) Chief administrative medical officer of the State.  b) The officer in charge of the drug control organization of the state; appointed under D. & C. Act, 1940.  c) Government Analyst appointed under Drugs and Cosmetics Act, 1940. If there are more than one such Analyst, one may be nominated by the Government
14. Mention the conditions under which name of the pharmacist can be removed from register of pharmacist.
The executive committee after giving opportunity to a person to explain his conduct and on sufficient inquiry if satisfied, orders to remove the name of registered pharmacist on following conditions :-
 (1) If his name has been entered in the register due to error, misrepresentation or suppression of material fact. Or
(2) If he is convicted of an offence in any professional respect, which in the opinion of Executive Committee considered him unfit as a Registered Pharmacist.  or
(3) If person employed to work under him in connection with any business of pharmacy has been convicted of an offence or held guilty of an infamous conduct, if such person is registered pharmacist, he is liable to remove his name from register.
 The removal of names from the register may either be permanent or only for a specified period of time. A person, whose name has been removed from the register is required to surrender his certificate of registration to registrar of the State Pharmacy Council and shall be published in official gazette

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