The actions of a registered pharmacist which shall qualify for misconduct and those actions which can be complained against include:
Violation of Law
Violations of regulations under the Pharmacist Act (including violations associated with the duties of a pharmacist, which can be found here).(( Regulation 13(a), Pharmacy Practice Regulations, 2015))
If a registered pharmacist working in a pharmacy is also found working in another pharmacy/, pharmacy college/institution/industry/any other organization as a teaching faculty or otherwise, this is an act of misconduct.(( Regulation 13(u), Pharmacy Practice Regulations, 2015))
Handling medicines
Dispensing medicines which require prescription, without the prescription of the Registered Medical Practitioner.(( Regulation 13(b), Pharmacy Practice Regulations, 2015))
Substitution of the prescription without approval/consent of the Registered Medical Practitioner.(( Regulation 13(c), Pharmacy Practice Regulations, 2015))
Registration certificate and information related
Allowing the owner of the pharmacy to use their pharmacist registration certificate without attending the pharmacy.(( Regulation 13(d), Pharmacy Practice Regulations, 2015))
Giving their pharmacist registration certificate at more than one pharmacy.(( Regulation 13(e), Pharmacy Practice Regulations, 2015))
Not maintaining the prescription/dispensing records of patients for five years, and refusing to provide these records within 72 hours when the patient or an authorised representative makes a request.(( Regulation 13(f), Pharmacy Practice Regulations, 2015))
Not displaying the registration certificate accorded by the State Pharmacy Council in the pharmacy.(( Regulation 13(g), Pharmacy Practice Regulations, 2015))
Improper Conduct or Crimes
Committing adultery or improper conduct with a patient, or maintaining an improper association with a patient by abusing their professional position.(( Regulation 13(i), Pharmacy Practice Regulations, 2015))
Conviction by a court for offences involving moral turpitude or criminal acts.(( Regulation 13(j), Pharmacy Practice Regulations, 2015))
Using agents for procuring patients.(( Regulation 13(r), Pharmacy Practice Regulations, 2015))
Confidentiality and Disclosure of Information
Contributing to press articles and giving interviews regarding diseases and treatments which may have the effect of advertising or soliciting practices. However, pharmacists are free to write to the press under their own name on matters of public health and hygienic living. They can also deliver public lectures and talks under their own name, and announce the same in the press.(( Regulation 13(m), Pharmacy Practice Regulations, 2015))
Disclosing the secrets of a patient learnt in the exercise of their profession. However, disclosure is permitted:
In a court of law under orders of the presiding judicial officer;
In circumstances where there is a serious and identified risk to a specific person and /or community; and
In case of notifiable diseases.(( Regulation 13(n), Pharmacy Practice Regulations, 2015))
Refusing solely on religious grounds to dispense medicines on the prescription of a Registered Medical Practitioner.(( Regulation 13(o), Pharmacy Practice Regulations, 2015))
Publishing photographs or case reports of patients without their permission in any medical or other journal, in a manner by which the patient’s identity can be made out. However, if the identity is not disclosed, the consent is not needed.(( Regulation 13(p), Pharmacy Practice Regulations, 2015))
Further, in case a registered pharmacist is running a pharmacy and employing other pharmacists for help, the ultimate responsibility rests on the registered pharmacist.(( Regulation 13(q), Pharmacy Practice Regulations, 2015))
This is not a complete exhaustive list of all kinds of professional misconduct. However, circumstances that are not mentioned above may also qualify as professional misconduct, and the responsible pharmacy council can take action on the same.(( Regulation 14(a), Pharmacy Practice Regulations, 2015)) Further, this would mean that violation of any of the prescribed ethical standards of a Pharmacist, mentioned here, might also qualify as a ground for disciplinary action.
An employer has the duty to pay maternity benefit even in case the woman dies as a result of the pregnancy. If the woman dies before receiving the maternity benefit or amount, the employer shall pay the amount to the person nominated by the woman in the notice given by her. (( Section 7, The Maternity Benefit Act, 1961.)) The amount payable depends on the following:
Situation
Duty of Employer
If a woman dies during the period of her maternity leave. (( Proviso (2), Section 5(3), The Maternity Benefit Act, 1961.))
The employer needs to pay the maternity benefit only for the days up to and including the day of her death.
If a woman dies during or following her delivery but has given birth to her child.
The employer shall be liable to pay the maternity benefit for that entire period.
If the child also dies during the said period. (( Proviso (3), Section 5(3), The Maternity Benefit Act, 1961.))
The employer is liable to pay the maternity benefit until the date the child passes away, including the date of the death of the child.
As a victim, you have a right to keep your complaint and the things that happen after it private. The law guarantees that the following information is private1:
Your identity and address
The identity and address of the person you accused, as well as the witnesses
Information about the conciliation (see what this means in the Glossary) or inquiry being made by the committee
Recommendations of the Internal Committee or the Local Committee
Action taken by the employer or District Officer
All of the above information cannot be published, communicated, or made known to the public, press, or media in any way(( Section 16, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)) . If any person who is entrusted to handle the complaint, inquiry or recommendations, makes the aforementioned information public, he will be punished in accordance with the service rules of the organization. (( Section 17, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.))
There may be restrictive terms mentioned in your contract. In India, you have a fundamental right to practice any trade, profession or conduct any business. However, this is not an unlimited freedom.
You will find certain clauses or terms in your agreement that in some way restrict you to a certain degree from carrying on a business, trade, or profession either during or after employment. These clauses are commonly known as restrictive clauses. They are:
The Central Government has duties to ensure that child labour does not take place and that the provisions of the law are followed. To do this the Government has to:
Run public awareness campaigns
Use media to spread awareness
Promote reporting of child labour
Publicly display the law on child labour
Include child Labour law in the syllabus of schools
Promote training of police, judicial service academies, teachers, Central Labour Service about the child labour law and their role.
First offence – Fine of up to Rupees fifty thousand
Subsequent offence within five years – Jail time up to three months and/or fine up to Rupees one lakh
Violating the Code in any other way
First offence – Fine of up to Rupees twenty thousand
Similar subsequent offences within five years – Jail time up to one month and/or fine up to Rupees forty thousand
Not maintaining proper records in the establishment
Fine up to Rupees ten thousand
Under this law, Courts will only take up complaints made by:
A clinical psychologist is a mental health professional with training in the diagnosis and psychological treatment of mental, behavioral and emotional illnesses. However, unlike a Psychiatrist, a Psychologist does not have a medical degree and therefore, cannot prescribe medicines.(( The Role and Training of a Clinical Psychologist, https://www.verywellmind.com/clinical-psychologist-2510503))
Further, the Mental Healthcare Act of 2017 defines a clinical psychologist as a person having:
A postgraduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology after completing a full time course of two years. This should include supervised clinical training from any University recognized by the University Grants Commission and approved and recognized by the Rehabilitation Council of India.(( Section 2(1)(g), Mental Healthcare Act, 2017))
Clinical Psychologists come under the broad category of Rehabilitation Professionals.(( Section 2(1)(n), Rehabilitation Council of India Act, 1992)) For instance, this includes other professions such as audiologists, speech therapists etc. The Rehabilitation Council of India maintains a register of all the registered rehabilitation professionals in India.(( Section 19, Rehabilitation Council of India Act, 1992)) You can search for details of clinical psychologists here.
Other than the maternity pay and leave, women are entitled to other benefits. These benefits such as nursing breaks and creche facilities allow women to make an easier transition back into work after their maternity leave.
Nursing breaks
If you return to work after your delivery, you can take 2 breaks of 15 minutes each daily (( Section 6, The Maternity Benefit Act, 1961.)). You can nurse your child and take nursing breaks till the child is 15 months old. (( Section 11, The Maternity Benefit Act, 1961))
Creche Facility
Every establishment having fifty or more employees shall have a creche facility. (( Section 11A, The Maternity Benefit (Amendment) Act, 2017)) You can visit the creche 4 times in a day as per the law. (( Section 6, The Maternity Benefit (Mines and Circus) Rules, 1963.)) You can take an extra time of 5-15 minutes. This includes the time to and from the:
Creche (a nursery where babies and young children are cared for during the working day) or
Any other place where the children are being taken care of.
The Ministry of Women and Child Development issued guidelines for setting up and running creches, which prescribe standards that creches should adhere to. (( National Minimum Guidelines for Setting Up and Running Crèches under Maternity Benefit Act 2017, https://wcd.nic.in/sites/default/files/National%20Minimum%20Guidelines.pdf)) The guidelines state that there should be one crèche for every 30 children, which should be extended to any employee’s child between the age group of 6 months to 6 years. The location of the crèche facility should be at the workplace, or within 500 meters from the workplace.
Under the law, an employer has to take certain steps to create a safe work environment for women.
Women in the workplace should feel safe from sexual harassment from co-workers as well as others who might just be visiting the workplace. It’s important for employers to display the sexual harassment policy of the company where it can be seen. They also must display the order that sets up the Internal Committee so employees, as well as visitors to the workplace, can see it.
Create and put forward a detailed sexual harassment policy
Make sure employees are aware of the issue of sexual harassment
Set up committees in the workplace that women workers can turn to if they have been sexually harassed
Make sure committees are well-trained and well-staffed
Prepare a yearly report and turn it over to the state government
The District Officer will also appoint a Nodal Officer who can receive complaints at a local level(( Section 6(2), Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.)).
The organization or company you are employed with has a right to protect its trade secrets and other confidential business dealings. Hence, a clause in your employment contract restricts you from sharing or disclosing any confidential information of the employer to anyone outside the organization. This clause is known as a confidentiality clause. It is sometimes referred to as a non-disclosure clause as well.
Typically, the term ‘confidential information’ is widely defined to cover almost all information that you get from your employer. You should read the definition carefully to make sure that you are not violating the confidentiality clause during or after your employment. Apart from information specifically marked as ‘confidential’ or ‘proprietary’, it is safe to assume that information like technical and business information, intellectual property rights, formulae, software programs or codes, internal reports, trade secrets, inventions, know-how, business strategies, marketing tactics, financial information, information about your employer’s clients and/or customers and other commercially valuable information is meant to be kept confidential.
When does Confidentiality apply to you?
The confidentiality clause applies not only while you are in the company’s employment, but also after. If you share confidential information after your employment has ended, it would be a violation of your contract and your employer may file a case against you.
This does not mean that you cannot be employed by a company doing similar work. Legally, you have the right to work wherever you want to, but you cannot disclose any confidential information from your previous employer in your new employment. For example, if you were working with P&G before and are now offered a job with Unilever, you will not be restricted from taking up the job. But you cannot disclose trade secrets of P&G to Unilever.
No Confidentiality Clause in Agreement
If there is no confidentiality clause in your agreement, you have a duty of fidelity to your ex-employer to not disclose to others or to use for your own profit the trade secrets and confidential information you learned during the course of your employment with them. In some cases, you can be sued for criminal breach of trust also.
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