Pharmacist associations to move court demanding presence of pharmacists to be made mandatory
Drawing
inspiration from the Kerala High Court Order of 23/08/2017 and from similar
orders of various other High Courts, the association of government pharmacists
in Punjab is gearing up to approach the High Court of Punjab and Haryana
seeking a direction to the state government to allow only qualified and
registered pharmacists to dispense drugs in the sub-centres.
The State Programme Officer (SPO) of the Health &
Wellness Centres (HWCs) in Punjab issued a circular last month assigning
Community Health Officers in the sub-centres to dispense medicines to the
patients visiting there.
Calling the circular as unjust and contrary to the existing
drugs and pharmacy acts, Shubham Sharma, president of Association of Government
Pharmacists of Punjab (Democratic) has written to the state health minister,
health secretary and to the SPO of the HWC urging them to review the matter and
ensure presence of pharmacists at the sub-centres. Since no positive response
has come from the concerned authorities, the association has decided to
approach the high court, he told Pharmabiz.
Taking the Punjab issue seriously, associations of
pharmacists from various states are planning to move the Supreme Court for a
common order for all the state governments in the country to ensure presence of
pharmacists in places where medicines are handled.
In 2016, the health department of Kerala had issued one
circular delegating junior public health nurses in charge of sub-centres to
dispense drugs to the patients of non-communicable diseases (NCD). A registered
pharmacist countered this order of the health secretary in the high court which
held that assigning junior public health nurses to dispense drugs could not be
sustained under the law. The court also directed the government to implement
section 42 of the Pharmacy Act in places where drugs are dispensed and follow
pharmacy practice regulations (PPR) 2015 introduced by the PCI.
Deepak Trehan, president of Pharmacy Graduates Welfare
Association in New Delhi has commented that assigning dispensing right with
CHOs is against all provisions of the D&C Act and Pharmacy Act. Medical
officers cannot issue such unlawful orders. Parliament has empowered
pharmacists to dispense medicines and it is an important service to the common
people by the drug experts in a professional manner.
Shubham Sarma said he or his association is not against the
government, but will support all the steps taken for the welfare of the people.
While implementing health programs the role of pharmacists should not be cut
down or abolished. Pharmacy practice should be implemented as per the pharmacy
act. He hoped that the government would review its decision and engage
pharmacists for dispensing medicines in the sub centres.
Responding to the decision of the Punjab health department, K
R Dinesh Kumar, member of Pharmacy Council of India (PCI) said the circular of
state program officer of the Health & Wellness Centres in Punjab is against
Pharmacy Act and it violates Section 42 of the Act. Since many high courts have
held that section 42 has to be implemented wherever drugs are dispensed, the
SPO should immediately withdraw his circular in the interest of the pharmacists.
He said he will write a letter to the PCI to intervene in the matter.
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