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What should be done if a non-pharmacist is found dispensing a drug in a pharmacy? |
Medico Legal Corner
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What should be done if a non-pharmacist is found dispensing a drug in a pharmacy?
Dr KK Aggarwal & Advocate Ira Gupta,  06 February 2019
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As per the provisions of Section 42 of the Pharmacy Act 1948, only the registered pharmacist can compound, prepare, mix, or dispense any medicine on prescription of a medical practitioner. Also, the medical practitioner can dispense medicine to his own patients or with the general or special sanction of the State Government for the patients of another medical practitioner.

If any unregistered person who is not registered pharmacist or registered medical practitioner is found compounding, preparing, mixing or dispensing any medicine, then a FIR can be lodged against the said person and such person shall be punishable with imprisonment for a term which may extend to 6 months or with fine or with both.

The provisions of Section 42 of the Pharmacy Act, 1948 is reproduced hereunder:

“Section 42: Dispensing by unregistered persons:-

1. On or after such date as the State Government may by notification in the Official Gazette appoint in this behalf, no person other than a registered pharmacist shall compound, prepare, mix, or dispense any medicine on the prescription of a medical practitioner;

Provided that this sub-section shall not apply to dispensing by a medical practitioner of medicine for his own patients, or with the general or special sanction of the State Government, for the patients of another medical practitioner.

Provided further that where no such date is appointed by the Government of a State, this sub-section shall take effect in that State on the expiry of a period of eight years from the commencement of the pharmacy (Amendment) Act, 1976.

2. Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months, or with fine not exceeding one thousand rupees or with both.

3. Cognizance of an offence punishable under this section shall not be taken except upon complaint made by order of the State Government or any officer authorised in this behalf by the State Government or by order of the Executive Committee of the State Council.”

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