With Fake Pharmacists in Govt hospitals, SC worried over health services in Bihar

New Delhi: Slamming the Bihar Government for allowing persons without required qualifications to work as pharmacists in several state-run hospitals in Bihar, the Supreme Court on Monday instructed the State to make sure that "not a single hospital in the entire state" distributed any medicines without getting the help of registered pharmacists.

Expressing its dissatisfaction over the issue the bench comprising Justices M.R. Shah and M.M. Sundresh asked, "If an untrained person administers the wrong medicine or the wrong doses of a medicine, and this results in something serious happening, who will be responsible?"

"We cannot permit the state government to play with the lives of its citizens," the bench added.

The bench was considering a plea that highlighted the issues of fake pharmacists in Bihar and how it was hampering the health facilities in the State. After considering the arguments of both the parties, the bench has reserved its order

The issue of fake pharmacists functioning in the State was raised by Mukesh Kumar who had filed a Public Interest Litigation before the Patna High Court. The petitioner alleged that in several government-run Hospitals, the persons, who are not a registered Pharmacist are being allowed to discharge the function of a Pharmacist. At some places, even the Clerks, Staff Nurse etc. have been assigned with the duty to be performed only by a registered Pharmacists, the plea had alleged.

This petition was disposed of by the High Court recording the submission that the Bihar State Pharmacy Council constituted a fact finding committee and its report was already forwarded to the State Government. The court had also clarified that only such those persons, who are eligible and fulfill the requisite conditions, can be registered with the Bihar State Pharmacy Council.

Also Read: Permitting fake pharmacists to function, will be playing with life of citizens: SC pulls Bihar Govt

However, the petitioner challenged the High Court order and approached the Supreme Court with a special leave petition. Medical Dialogues had earlier reported that while considering the plea, the Supreme Court had opined that by permitting fake pharmacists to run medical stores, it will be playing with the life of the citizens. With this observation, the top court bench had earlier sought the response of the Bihar Government about the steps being taken to stop the functioning fake pharmacists.

As per the latest media report by Live Law, the counsel for the State Government informed the bench that they would take "whatever action was contemplated in law" on the basis of particular complaints against erring personnel. However, denying to accept this proposal, the bench noted, "Where there is poverty and lack of education, you cannot afford to wait till a complaint is filed. Even more so, in a state like Bihar. You do not understand the seriousness of this matter. This is not just a question of fake pharmacists, but also fake doctors. You will find a number of fake doctors and fake compounders in the state. The poor, uneducated people have to go to them. The condition of hospitals in Bihar is the worst. And you are saying you will wait till complaints are lodged."

Observing that the inaction of the State Government until it received the complaint was "not permissible", the bench further explained that it was the duty of the State to investigate the concerns.

The daily adds that the State tried to shift the blame to the Bihar State Pharmacy Council by claiming that the Council was "defunct" since an election was under process. 

In this regard, the State counsel submitted "The council is responsible for maintaining the registers and enrolling pharmacists. It is the responsible body which is supposed to take action."

However, responding to this, the Apex Court bench asked "Does that mean the state government is absolved of responsibility? They will permit anyone to distribute medicines in the government or semi-government hospitals?"

Meanwhile, the petitioner's counsel also submitted that as per Section 45 of the Pharmacy Act, 1948, it was necessary for the State to set up an enquiry after finding irregularities or instances of non-compliance with the provisions of the Act.

"The state government does not want to oppose this. This is not adversarial. It is not that we are unwilling to take action," submitted the State counsel in an attempt to convince the bench.

The bench also took note of the enquiry committee report that did not find any merit regarding the allegations levelled against certain personnel appointed as pharmacists in government hospitals. Considering the same, Justice Shah was quoted noting, "You are drawing our attention to two persons. Our order was with respect to the entire state. We are shocked that you showed us this report. You should have been fair to the court."

Further the petitioner's counsel submitted that while the Pharmacy Practice Regulations, 2015 were formed to ensure ethical standards in pharmacy practice in the presence of registered pharmacists, these rules have not been implemented in Bihar yet. In this context, the petitioner's counsel relief n a letter from the Indian Pharmaceutical Association.

While the counsel for the petitioner tried making an arguments about the duties of registered pharmacists, Justice Shah was quoted noting, "Here, there are no registered pharmacists at all. Secondly, even if they are registered, their registration is fake. This will be applicable in a case where there are registered pharmacists."

Deciding to reserve its order, the top court bench further explained, "We propose to pass a detailed order, remand the matter to the High Court, and direct the concerned authority to complete the enquiry and submit the report to the High Court. Instead of us, the High Court will periodically monitor and supervise the entire thing."

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/fake-pharmacist-191627.pdf

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