Mushroom growth of drug stores along the length and breadth of J&K state including both licensed and unlicensed premises has lately become a matter of great concern for all. Earlier on the problem of unlicensed medical stores was more prevalent but now the problem of innumerable licensed premises is assuming alarming proportions due to the fact that a majority of them are being managed by people who are not even remotely connected to the profession of pharmacy. Few years back when our state was faced with the menace of flourishing trade of unlicensed medical stores, it was only after the intervention of J&K High Court against a public interest litigation that some action was palpable on ground and quite a few of such stores were shuttered down but only to pave way for more organized yet dangerous trade perpetrated in a more legalized fashion. Those running illegal shops earlier were issued with registration certificates by the J&K Pharmacy Council on the basis of their experience in drug trade and subsequently on grounds of this registration, licenses were issued to them in a very clandestine and surreptitious manner, without taking any cognizance of whether they had the adequate professional qualification or not and unfortunately such registration process continues unabated even today. Now the question is whether the whole process is legally just or not.
To explain this we need to flash back to late ninetees when we neither had a state branch of the Pharmacy Council of India nor did we have our own independent Pharmacy Council; courtesy inaction and lackadaisical attitude of our local administrators. State unit of PCI could not be formed so far due to non-extension of the central Pharmacy Act of 1948 to the state of J&K; courtesy Article 370 of the Indian constitution. Therefore our state instead of extending the jurisdiction of central Pharmacy Act to the state chose to constitute its own J&K Pharmacy Council under the auspices of its own J&K Pharmacy Act 2012 (Samvat). Composition of this council instead of being broad-based and all inclusive was narrowly confined to the Drug and Food Control Organization of J&K with some representation being given to the J&K Druggists and Chemists Association. No professionals from academia, hospitals or industry were included in the newly constituted council which exists in the same format till date for more than a decade now. Its term expired and was renewed every time without much change in its composition. Needless to say that a wider participation of the pharmacy professionals drawn from various sections like academia, clinical set up, regulatory affairs, industry as well as sales and marketing in the affairs of the J&K Pharmacy Council could have paved way for its better functioning, improved outcome and greater acceptance of its policies. Its working should not have been confined to any one department of the state administration. Since its decisions affect the entire profession, it calls for a broader representation to all concerned as is true with state pharmacy councils of any other state of the Union of India.
When the issue of unlicensed medical stores alongwith other healthcare related issues rocked the J&K High Court few years back, Drug Control officials were woken up from deep slumber and were forced to take action even though half-heartedly against the defaulters. Subsequently J&K Pharmacy Council issued notification for subsequent registration which is a mandatory procedure to be followed by the J&K Pharmacy Council as per the statues laid down in the J&K Pharmacy Act, after it is done with first registration. First registration was carried out soon after the formation of J&K Pharmacy Council whereunder all the qualified people engaged in the profession or trade of pharmacy at that time were registered as Pharmacists in the First Register prepared by the council. Subsequent registration was to come to a halt soon after the process of registering any new professionals would have been over. But unfortunately process never came to a halt and is continuing till date without any signs of closure.
One may ask what is the problem if people are registered by the J&K Pharmacy Council on the basis of their experience in drug trade and then issued with licenses to run their medical stores. The problem is only one that they are not qualified as per the established norms. At present anybody wishing to plunge into medical business just has to manage an experience certificate from any licensed drug store, approach the Pharmacy Council for registration as a Pharmacist and he will earn the title of a Pharmacist irrespective of whether he was earlier carrying on the business of a barber, a mason, a vegetable vendor or a minibus driver. That is because anybody can issue an experience certificate to anyone else on the basis of his personal rapport or relations, vested interests or monetary gains and thus render the whole exercise terribly defective and that is exactly what has been happening.
The Jammu and Kashmir Pharmacy Council constituted more than a decade back, after preparing its first and subsequent register of those pharmacists who have been carrying on the business or profession of pharmacy in J&K, has to frame an Executive Committee and regulate pharmacy education in the state by way of enforcement of Education Regulations as provided under section 10 of the J&K Pharmacy Act 2011 (samvat). Thereunder it has to prescribe the minimum standards of education required for qualification as a pharmacist and also prescribe the nature and period of study and of practical training to be undertaken before admission to the qualifying examination for a degree or diploma in pharmacy. Further these regulations shall also lay down the subjects of examination and the standards to be attained therein apart from the equipment and facilities to be provided to students for undergoing such approved courses of study. Once Education Regulations are framed entry of unqualified and unscrupulous people into the profession of pharmacy will be barred and no person other than a diploma or a degree holder in pharmacy would be designated or registered as a pharmacist and a target date would be fixed beyond which no person other than a pharmacy degree or diploma holder could apply for a drug sale license either. Drug trade would thereafter be strictly restricted to diploma or degree holders in pharmacy only and this will go a long way in ensuring that drugs are dispensed and distributed among patients only by qualified and deserving professionals. In fact in other parts of the country majority of states are in the process of abolishing even diploma course in pharmacy and making degree in pharmacy as the minimum mandatory qualification for registration as a pharmacist. Yet unfortunately we in our state are still registering all and sundry irrespective of their qualification, expertise and know-how as pharmacists.
Just the way central Drugs and Cosmetics Act, 1940 has been enforced in the state, central Pharmacy Act of 1948 too needs to be promulgated in place of J&K Pharmacy Act 2011 (samvat). This will bring all pharmacy academic institutions of the state under the purview of the Pharmacy Council of India, help our pharmacists get registered in the Central Register and practice pharmacy profession anywhere in India. Besides it will also enable our pharmacy institutions seek financial assistance from central councils, organize and participate in their continuing education programmes, seminars etc and achieve national and international level standards in our pharmacy and health education. After constituting its Executive Committee and enforcing Education Regulations in the state, J&K Pharmacy Council can also appoint its own inspectors having prescribed qualifications, as provided under section 26 A of the Pharmacy Act, 1948 in order to inspect the premises where drugs are dispensed, to enquire whether a person who is engaged in selling, dispensing or compounding of drugs is a registered pharmacist, to investigate complaints regarding contravention of the Act and to institute prosecutions against the offenders. This initiative shall help our society get rid of drug delivery and distribution at the hands of unqualified, unregistered and unscrupulous people.
All said and done, damage has already been caused to the pharmacy profession in the state. A sea of unqualified people already stand designated with the title of a pharmacist and it is next to impossible to undo that damage. Least we could do is to prevent anymore destruction and dilution of this profession by putting brakes in right earnest on the registration process, by framing and implementing Education Regulations and by making degree or diploma in pharmacy as the minimum qualification for registration as a pharmacist. Further scope of the J&K Pharmacy Council needs to be widened and it needs to be made broad-based giving due representation to all stake-holders including drug control officials, pharmacists from hospitals, experts from pharmaceutical industry, pharmacy academicians and drug analysts. Otherwise the clandestine and irrational practices of the existing pharmacy council shall carry on unabated.
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