Any complaint with regard to professional misconduct of a pharmacist can be brought either before the State Pharmacy Council or Pharmacy Council of India for disciplinary action.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Every State Government is required to set up a State Pharmacy Council.(( Regulation 14(b), Pharmacy Practice Regulations, 2015)) States are also free to form Joint State Councils with mutual agreement.(( Section 19, Pharmacy Act, 1948)) The list of all State Pharmacy Councils in India can be found here.
Procedure to complain
The procedure for filing a complaint against a registered Pharmacist may vary from state to state. This is because they are determined by the respective State Laws and in few states such as Kerala,(( Kerala State Pharmacy Council Rules, 2012)) Tamil Nadu,(( Tamil Nadu Pharmacy Council Rules, 1953)) and Maharashtra,(( Maharashtra State Pharmacy Council Rules, 1969)) you would require to submit your complaint in writing to the Registrar of the State Pharmacy Council and the grounds of the complaint also has to be stated.(( Rule 85, Kerala State Pharmacy Council Rules, 2012; Rule 90, Tamil Nadu Pharmacy Council Rules, 1953; Rule 63(3), Maharashtra State Pharmacy Council Rules, 1969))
Generally, the complaint should state the description and address of the complainant. This is because the complaint does not have a provision for anonymous complaints. If any information in the complaint is not within the personal knowledge of the complainant, the source of such information and the reasons why the complainant believes it to be true must be clearly stated.(( Rule 63(4), Maharashtra State Pharmacy Council Rules, 1969;Rule 86, Kerala State Pharmacy Council Rules, 2012; Rule 91, Tamil Nadu Pharmacy Council Rules, 1953))
Punishing a Pharmacist
Once a complaint is received, the appropriate Pharmacy Council will hear the practitioner. If they are found guilty, then the Council will provide a punishment.
The punishment is determined by the Council and it can even direct removal of the name of the practitioner from the corresponding register altogether or for a specified time period. This means that the pharmacist will not be able to practice for that period.(( Regulation 14(b), Pharmacy Practice Regulations, 2015))